HANDLING OF CASES OF EXPIRATION OF THE TERM OF HOUSING OWNERSHIP FOR FOREIGNERS (APPLICATION, EXTENSION PROCEDURES...)

I. Grounds for foreigners extension of housing ownership in Vietnam 

When the term of housing ownership in Vietnam expires, foreigners will have to make an application for extension according to Point c, Clause 1, Article 161 of the Law on Housing 2014:  "For foreign individuals, they may own houses as agreed upon in transactions of contracts for sale, rent, purchase, gift, and inheritance of housing, but not exceeding 50 years from the date of issuance of the certificate and may be extended further according to the Government's regulations if there is a need; the term of ownership of the dwelling must be specified in the certificate."  

Note: In case a foreign individual marries a Vietnamese citizen or a foreign individual marries a Vietnamese residing abroad, they shall have the right to stable and long-term housing ownership and have the same rights of housing owners as Vietnamese citizens. 

II. Dossier of application for extension of housing ownership in Vietnam 

Pursuant to Article 77 of Decree 99/2015/ND-CP and amended and supplemented according to Clause 24 Article 1 of Decree 30/2021/N2021, a dossier of application for extension includes: 

- An application for extension of housing ownership in Vietnam specifying the time limit for requesting an extension 

-Certified copy of the certificate for housing  

III. Order and procedures for foreigners' application for extension of housing ownership in Vietnam 

Pursuant to Clause 1, Article 77 of Decree 99/2015/ND-CP on the order and procedures for applying for extension of housing ownership in Vietnam of foreigners: 

(i)Step 1: Prepare and submit the application:  

Implementation duration: 03 months before the expiration of housing ownership 

Place of submission: one-stop department or People's Committee of the province where such housing is located for consideration and settlement; 

(ii) Step 2: Receive and process the dossier: 

Within 30 days from the date of receipt of the owner's application, the People's Committee of the province shall consider and agree in writing to extend once the term of housing ownership at the request of the owner but not exceeding 50 years,  from the expiration of the first residential ownership stated on the Certificate, except for the case where upon the expiration of the first ownership the foreign individual or organization is forced to leave or forcibly terminate its operation in Vietnam by a competent authority of Vietnam, the ownership term shall not be extended. 

(iii) Step 3: Result: 

The People's Committee of the province and the competent authority issuing the Certificate will send a written consent to extend the foreigner's ownership of houses in Vietnam.  

Above is an article that provides some basic information about Vietnamese legal regulations on handling cases of expiration of housing ownership term for foreigners

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Hoang Pham (James) / Managing Partner at: hoang.pham@vselawyers.com

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Attention: This legal update is not an advice and should not be treated as such.