Overseas Vietnamese Land Ownership in Vietnam: A Guide

What changed for Viet Kieu under Vietnam's 2024 Land Law?

The 2024 Land Law (effective from 1 January 2025) gives Viet Kieu with Vietnamese nationality land use rights equivalent to domestic Vietnamese citizens, removing the practical "citizenship barrier" that previously restricted access. Overseas Vietnamese of Vietnamese origin without Vietnamese nationality also benefit from expanded rights, but the strongest and clearest rights belong to those holding a Vietnamese passport.

In practice, this means Viet Kieu with Vietnamese passports can obtain, transfer, lease, mortgage, inherit, and gift land use rights in almost all the same ways as residents in Vietnam, subject to general planning and security restrictions.

Key legal instruments

• Land Law 2024 (Luat Dat dai 2024) - adopted in 2024, effective 1 January 2025, replacing the 2013 Land Law.
• Housing Law (amended) - governs ownership of houses, including by Vietnamese residing overseas.
• Law on Real Estate Business (amended) - regulates developers, trading floors, and real estate business activities.
• Law on Vietnamese Nationality - defines who is a Vietnamese citizen and procedures to restore or confirm nationality.
• Guiding decrees and circulars - issued by the Government and the Ministry of Natural Resources and Environment (MONRE) to implement the Land Law at a practical level.

What changed compared to the "old" framework?

• Before 2025:
  • Viet Kieu with Vietnamese nationality could, on paper, own houses similar to domestic citizens, but local practice often treated them as "foreigners".
  • Many banks, notaries, and land offices were unsure how to treat dual nationals, leading to inconsistent decisions.
  • Most Viet Kieu ended up putting property in relatives' names or limiting themselves to apartments in foreigner-friendly projects.
• From 1 January 2025:
  • The Land Law clarifies that Vietnamese citizens, regardless of residence, have the same land use rights.
  • Holders of Vietnamese passports can be granted, transferred, leased, and inherit land use rights like onshore citizens.
  • The law signals to authorities and banks that Overseas Vietnamese are no longer in the "foreigner" box for land.

Which authorities implement these rights?

• Ministry of Natural Resources and Environment (MONRE) - central policy and guidance.
• Department of Natural Resources and Environment (DONRE) in each province/city - handles land administration.
• Land Registration Office / Branch Land Registration Offices - process land use right certificates (LURCs, "red books/pink books").
• District-level People's Committees - sign and issue many land use right certificates to households and individuals.
• Notary offices - notarize sale, gift, and inheritance documents related to real estate.

Do Viet Kieu with a Vietnamese passport now have full land use rights in Vietnam?

Yes. If you hold a valid Vietnamese passport, you are treated as a Vietnamese citizen for land use rights and house ownership, which gives you substantially the same rights as domestic buyers. You can acquire, transfer, mortgage, inherit, and gift land use rights, subject only to the same planning and national security restrictions that apply to everyone.

The crucial condition is your Vietnamese nationality, not where you live or what other nationality you hold. The passport is the most practical proof of that nationality for land offices and banks.

What rights do Viet Kieu citizens have over land?

As a Viet Kieu with a Vietnamese passport, you typically have the right to:

• Receive land use rights through:
  • Purchase and sale contracts
  • Gifts between individuals
  • Inheritance (with or without a will)
  • State allocation or auction (in specific schemes)
• Exercise powers over the land, including:
  • Use the land within the allocated or recognized term
  • Build houses and other constructions with proper permits
  • Lease out the land or the house
  • Mortgage the land use rights and house at licensed banks
  • Contribute land use rights as capital to enterprises
  • Transfer (sell) the land use rights to others

Are there any geographic or security-related limits?

Yes. Your status as a citizen does not override general restrictions that apply to all buyers in certain sensitive areas.

• Border and coastal areas: Some land plots, especially near borders, islands, or key defense sites, may be subject to special controls, zoning or prohibited from transfer.
• Land used for defense or security: Cannot be privately owned or transferred to individuals.
• Planning restrictions: If land is zoned for public works or future expropriation, your right to build or transfer can be affected, as with any buyer.

How do you prove your Vietnamese nationality to authorities?

• Present your valid Vietnamese passport (with matching personal details to other documents).
• Where requested, provide:
  • Vietnamese ID card/CCCD if you have one
  • Decision on grant or restoration of Vietnamese nationality (if recently obtained)
  • Household registration book (ho khau), if still available, or temporary residence card if you reside in Vietnam
• If your passport details differ from older land documents or ID (name spelling, date of birth), expect to provide additional civil status records to link them.

Can Viet Kieu now buy land plots, or only apartments and condos?

Viet Kieu with Vietnamese passports can buy land plots and landed houses with land use rights, not just apartments. The "condos only" limitation primarily applies to foreign individuals without Vietnamese nationality; it no longer restricts Overseas Vietnamese who hold Vietnamese citizenship.

This opens access to residential land, townhouses, villas, shophouses, and other forms of landed property, subject to zoning and land use regulations.

Buying land vs buying a condo: legal differences

• Buying a condo/apartment:
  • You own the apartment and have shared ownership of common areas.
  • You hold a certificate showing ownership of the apartment and rights over the associated land use.
  • Developers and building management impose service fees and rules.
• Buying land (landed property):
  • You hold the land use right certificate (LURC) over a specific land parcel.
  • You can build, extend, or rebuild a house (subject to construction permits and planning).
  • You control the land outright within your land use rights, with more flexibility but also more responsibility.

What land types can Viet Kieu citizens buy?

In principle, you can buy the same types of land use rights as any Vietnamese citizen, including:

• Residential land (dat o) - for houses and living.
• Residential combined with other uses (e.g. residential and business).
• Agricultural land - with stricter rules for conversion and use; often not ideal for retirees or passive investors unless you understand rural land rules.
• Non-agricultural land for production and business - usually through your company rather than as an individual.

Practical tips when buying a land plot

• Always check that the land use purpose on the LURC is suitable for your plans (for example, "residential land in urban area").
• Ask DONRE or the local Land Registration Office for:
  • Planning information (quy hoach)
  • Any restriction or pending expropriation
• Avoid un-subdivided "plot split" deals where:
  • The seller offers part of a larger plot without a separate LURC yet
  • Road access or utilities are not legally guaranteed
• Insist on:
  • Notarized sale contract
  • Registration of transfer in your own name
  • Receiving the updated pink book listing you as land user/house owner

How can Viet Kieu legally transfer money into Vietnam to buy property?

You transfer money through licensed banks in your country and in Vietnam, with clear documentation of the source of funds and your identity as a Vietnamese citizen or person of Vietnamese origin. Avoid informal channels or suitcase cash, because they create problems when you later want to prove the origin of funds or remit sale proceeds abroad.

If you use official banking channels and keep records, Vietnamese authorities will usually accept those funds as lawful for property purchases and future repatriation.

Typical steps to fund a property purchase

1. Open a bank account in Vietnam:
   • Choose a reputable bank (e.g. Vietcombank, BIDV, VietinBank, Techcombank).
   • Bring your Vietnamese passport, foreign passport (if any), entry stamp/visa, and proof of address.
2. Transfer funds from overseas:
   • Use SWIFT transfer from your foreign bank to your Vietnamese bank account.
   • Indicate clear payment details such as "Personal remittance for house purchase".
3. Provide documentation to the Vietnamese bank:
   • Passport(s) and KYC forms
   • Proof of overseas income (salary slips, tax returns, sale contracts) if requested
   • Proof of Vietnamese nationality or origin if the bank requests it for internal classification
4. Pay the seller via bank transfer:
   • Use the account and payment method specified in the notarized sale contract.
   • Avoid large cash payments; if unavoidable, document them thoroughly in the contract and receipts.

Why proving origin of funds matters

• Vietnam's anti money laundering (AML) rules require banks to verify large or unusual transfers.
• When you later sell the property and want to:
  • Convert VND back to foreign currency, and/or
  • Transfer money abroad,
  the bank will ask for:
  • Sale contract and proof of tax payment, and
  • Evidence that the original investment capital came in through official channels.
• If you brought cash informally, it is much harder to satisfy these conditions.

Role of Vietnamese origin in banking

While your legal right to buy property depends on nationality, banks sometimes use the broader concept of "Vietnamese origin" when categorizing clients and remittances.

• A person of Vietnamese origin can often receive overseas remittances on preferential terms if they show:
  • Certificate of Vietnamese origin from a Vietnamese embassy/consulate, or
  • Vietnamese birth certificate or old Vietnamese ID/household registration.
• These documents help:
  • Confirm the purpose of transfers (supporting family, investing in housing)
  • Facilitate foreign currency conversion and later repatriation of profits or proceeds.

What documents prove Vietnamese origin or nationality for property and banking in Vietnam?

For land and housing rights, a valid Vietnamese passport is the strongest proof of Vietnamese nationality. For banking and remittance purposes, additional documents like a certificate of Vietnamese origin, birth certificate, or old Vietnamese ID/household registration can support your status as a person of Vietnamese origin.

The exact documents required depend on whether you are confirming nationality (citizen) or origin (descent) and on the internal policies of each bank or authority.

Proof of Vietnamese nationality (citizenship)

• Vietnamese passport - primary document for all practical purposes.
• Vietnamese ID card / citizen ID (CCCD) - very helpful for property registration and local transactions.
• Decision on grant or restoration of Vietnamese nationality - for those who have recently reacquired Vietnamese citizenship.
• Household registration book (so ho khau) - still used in many land records and administrative files.

Proof of Vietnamese origin (without citizenship)

• Certificate of Vietnamese origin issued by:
  • Vietnamese embassies or consulates abroad, or
  • Domestic authorities via the Ministry of Justice records.
• Vietnamese birth certificate, particularly if:
  • Place of birth is in Vietnam, and
  • Parents are recorded as Vietnamese citizens.
• Old Vietnamese ID card or household registration from before emigration.
• Vietnamese family records (so gia dinh), marriage certificates, or academic certificates issued in Vietnam.

Where to obtain or legalize these documents

• Vietnamese embassy/consulate in your country:
  • Apply for passport, certificate of Vietnamese origin, and consular legalization.
• Department of Justice and Department of Natural Resources and Environment in your home province in Vietnam:
  • Assist with retrieval of old civil status records and land records.
• Local People's Committees:
  • Issue certified copies and confirmations of civil status and residence.

What are the key steps for Viet Kieu to buy a house or land in Vietnam?

The process for Viet Kieu with Vietnamese passports largely matches that for domestic buyers: verify your eligibility and documents, conduct legal checks on the property, sign a deposit and then a notarized sale contract, pay through bank transfer, and register the transfer to receive a land use right/house ownership certificate in your name. Most transactions, if clean, complete within 30-60 days.

The main difference is that you should prepare your overseas documents and banking arrangements in advance so you do not delay notarization or payment.

Step-by-step purchase process

1. Clarify your status and documents
   • Ensure your Vietnamese passport is valid.
   • Gather supporting documents (foreign passport, proof of address, marital status, power of attorney if using a representative).
   • If married, prepare your spouse's details and consider marital property rules.
2. Choose property and do basic screening
   • Prefer properties with a clear, existing LURC ("red/pink book").
   • For condos and new projects, ensure the developer has:
     • Investment approval
     • Construction permits
     • Guarantees from banks where applicable
3. Conduct legal due diligence
   • Check:
     • Owner's identity matches the LURC
     • No co-owners or undisclosed spouses, unless they agree and sign
     • No mortgage, seizure, or dispute registered on the land
     • Zoning and planning with DONRE or the urban planning office
   • Engage a local lawyer or legal consultant if you are not fluent in Vietnamese.
4. Sign a deposit agreement (optional but common)
   • Deposit usually ranges from 50 million to 5% of price, depending on market.
   • Ensure the agreement covers:
     • Conditions for refund or forfeiture
     • Timeframe for notarization
     • Clear description of property and parties
5. Notarize the sale contract
   • Both parties attend a notary office (van phong cong chung) with:
     • Original LURC
     • Passports/ID cards
     • Marriage certificates or single status confirmations if required
   • Notary drafts the sale contract in Vietnamese; you can request a bilingual version.
6. Make payment
   • Follow payment schedule in the notarized contract.
   • Use bank transfer for transparency and for future tax and remittance proof.
7. Register the transfer and pay taxes
   • Submit the notarized contract, LURC, ID documents, and tax forms to:
     • Land Registration Office / One-stop-shop at district People's Committee
   • Pay:
     • 0.5% registration fee (buyer)
     • 2% personal income tax on transfer price (usually seller)
     • Administrative and measurement fees if any
8. Receive updated LURC ("pink book")
   • Processing time is often 15-30 working days, depending on the locality.
   • Check that your name, passport/ID number, and land details are correct.

What taxes and fees do Viet Kieu pay when buying and owning real estate in Vietnam?

Viet Kieu with Vietnamese nationality pay largely the same taxes and fees as domestic buyers: a 0.5% registration fee, a 2% personal income tax on property transfers (usually paid by the seller), plus notary and administrative fees. Ongoing costs like land use tax and house-related fees are relatively modest compared to the purchase price.

The actual amounts depend on the declared transaction price, property type, and location.

Typical taxes and fees (illustrative)

Gift and inheritance tax treatment

• Personal income tax is generally exempt for gifts and inheritance between:
  • Spouses
  • Parents and children
  • Grandparents and grandchildren
  • Siblings
• For gifts between non-exempt parties, PIT at 10% of the value may apply.
• Registration fees may still be payable on transfer of ownership, even if PIT is exempt.

How are inheritance and gifting of property handled for Viet Kieu?

Viet Kieu with Vietnamese nationality can inherit and receive gifts of land use rights and houses on the same basis as onshore Vietnamese citizens, including from relatives in Vietnam. If you are of Vietnamese origin without citizenship, your ability to hold land through inheritance or gifts is expanded under the new law but can still be more limited than full citizens, depending on implementing regulations.

Proper wills, notarization, and registration are essential if you want to ensure that property passes smoothly across borders to your heirs.

Inheritance basics for Viet Kieu citizens

• You can be an heir to real estate in Vietnam regardless of:
  • Your place of residence, or
  • Whether the property is in rural or urban areas.
• Heirs can inherit under:
  • A will (di chuc), or
  • Statutory succession if there is no valid will.
• To register inherited property in your name, you will typically need:
  • Death certificate
  • Wills and notarized inheritance agreements (if applicable)
  • Proof of relationship (birth/marriage certificates)
  • Your Vietnamese passport and other IDs

Gifting property to or from Viet Kieu

• Gifts between close relatives (spouses, parents-children, grandparents-grandchildren, siblings) are:
  • Common for family wealth planning
  • Usually exempt from PIT but still require registration and notary.
• Gift contracts must be:
  • Notarized at a notary office
  • Registered at the Land Registration Office for the change to be effective

Cross-border practical issues

• If the deceased or heirs live abroad:
  • Foreign documents (e.g. death certificates, marriage records) must be legalized and translated.
  • Heirs can authorize a representative in Vietnam through a consularly legalized power of attorney.
• Plan early:
  • Make a Vietnamese-language will that clearly identifies overseas heirs and property.
  • Keep your civil status documents consistent across countries to avoid disputes.

What practical risks should Viet Kieu watch out for when buying property in Vietnam?

The main risks include unclear ownership, planning or zoning changes, unpermitted construction, using nominees to hold land, and undocumented cash payments. These risks can lead to disputes, demolition orders, or difficulty selling or remitting funds later.

Most of these problems are avoidable with thorough due diligence, proper contracts, and professional advice.

Common pitfalls

• Buying "by name borrowing" (standing in someone else's name):
  • Previously popular when Viet Kieu could not easily hold land.
  • Now unnecessary for citizens and extremely risky.
  • Court disputes often favor the legal owner listed on the LURC, not the hidden investor.
• Unclear title or disputes:
  • LURC not yet issued or only "on application"
  • Property subject to inheritance disputes among family
  • Existing mortgage or seizure that the buyer does not notice
• Planning and construction issues:
  • Land zoned for future road or public project
  • House built without permit or in violation of construction rules
  • Parts of the house extending into public land or neighbors' land
• Cash-heavy transactions:
  • Declarable price significantly below real price to avoid tax
  • Large cash payments without receipts or clear contract terms
  • Later difficulties proving investment cost for tax and repatriation purposes
• Developer and project risks:
  • Projects not yet properly approved or guaranteed
  • Delays in handover and in issuing pink books
  • Disputes over service charges, parking, and common areas

When should Viet Kieu hire a real estate lawyer in Vietnam?

You should hire a lawyer whenever the deal involves significant value, land plots, family co-ownership, or any structure beyond a straightforward, fully built apartment from a reputable developer. A local lawyer can verify title, check planning, negotiate contracts, and coordinate with notaries, banks, and land offices on your behalf.

The cost of legal support is usually small compared to the value of the asset and the potential risk of mistakes.

Situations where a lawyer is strongly recommended

• Buying land plots or landed houses, especially in suburban or rural areas.
• Buying from individuals rather than major developers.
• Properties with shared family ownership or where:
  • Some heirs are overseas
  • There are old disputes or unclear inheritance
• Using financing (bank loans, mortgages, or combining Vietnamese and foreign bank funding).
• Planning cross-border inheritance or gifting to children with different nationalities.

What a real estate lawyer typically does

• Conducts title searches and confirms there are no encumbrances or disputes.
• Obtains planning and zoning information from DONRE or planning departments.
• Drafts or reviews:
  • Deposit agreements
  • Sale and purchase contracts
  • Gift, inheritance, and co-ownership agreements
• Arranges notarization and coordinates with the notary office.
• Prepares and submits registration and tax documents to the Land Registration Office and tax authorities.
• Advises on banking and remittance structure to support future repatriation.

Cost expectations

• For simple transactions, legal fees may be:
  • Flat fee from 10 - 30 million VND, or
  • Small percentage (for example, 0.5% - 1%) of transaction value for more complex deals.
• For larger investments or multi-property portfolios, firms may quote a tailored fee, sometimes with ongoing advisory support.

What are the next steps for Viet Kieu planning to buy property in Vietnam?

Your next steps are to clarify your legal status and goals, organize your documents, speak with a bank and (ideally) a local lawyer, then shortlist areas and property types that match your retirement or investment plan. Once ready, you can schedule a focused trip to Vietnam to open accounts, visit properties, and complete transactions with support on the ground.

Preparing well before you send money or sign anything will save time, cost, and stress.

Practical action checklist

1. Confirm your nationality/identity
   • Make sure your Vietnamese passport is valid.
   • Locate or obtain supporting documents: foreign passport, birth/marriage certificates, certificate of Vietnamese origin if needed.
2. Define your objectives
   • Retirement home, rental investment, land bank, or second home for holidays.
   • Preferred cities or provinces, budget range, and timing.
3. Engage advisors
   • Contact at least one Vietnamese bank about account opening and remittances.
   • Consult a real estate lawyer familiar with Overseas Vietnamese clients.
4. Plan your funding
   • Estimate total budget including taxes and fees (add at least 5% on top of price).
   • Arrange remittance channels and check any home-country reporting obligations.
5. Shortlist properties
   • Research areas and projects through reputable agencies and developer websites.
   • Ask your lawyer which developments and districts are legally cleaner or higher risk.
6. Schedule a transaction trip
   • Allow at least 2-3 weeks on the ground if you plan to sign contracts and open accounts.
   • Book appointments with banks, notaries, and your lawyer in advance.
7. Document and archive everything
   • Keep electronic copies of contracts, LURCs, receipts, bank transfer slips, and tax receipts.
   • These records are crucial if you later sell or repatriate funds.