Regulations on Conditions for Foreigners’ Housing Ownership in Vietnam: Inadequacies and Possible Solutions
https://doi.org/10.17803/2713-0533.2023.4.26.847-871
Abstract
In Vietnam, the concept of “settling down, having a good career” becomes an important goal of each individual. It means having a stable place to live can be guaranteed when you get a job. Therefore, home ownership becomes a basic human right. In the current integration trend, when the opening to trade between countries around the world is deepening, the demand for house ownership is not only limited to Vietnamese citizens, but also to foreigners. Vietnam has also recognized the problem of foreigners owning houses in Vietnam, but there are still restrictions on the number of houses, the area of houses owned and other issues. Currently, the Government is implementing a policy to attract investment in housing in order to exploit the development potential of this field in Vietnam as well as to solve the outstanding housing problem and expand the housing market. Therefore, the issue of foreigners’ home ownership becomes an important concern and is one of the research subjects to implement this policy.
The article presents the provisions of Vietnamese law, international law on home ownership rights of foreign individuals and organizations in Vietnam, as well as conditions for foreign individuals and organizations to own housing in Vietnam, a guarantee of human rights. In addition, the article also points out to the shortcomings of the national legal regulation, thus making some recommendations to overcome the difficulties of the real estate market and housing development in Vietnam.
About the Authors
T. S. Le
Ho Chi Minh City University of Law
Viet Nam
Viet Nam
Truong S. Le, Doctor of Laws, University Principal
2 Nguyen Tat Thanh Str., Dist. 4, Ho Chi Minh City
X. Q. Nguyen
Ho Chi Minh City University of Law
Viet Nam
Viet Nam
Xuan Q. Nguyen, Doctor of Laws, Dean of Civil Law Faculty
2 Nguyen Tat Thanh Str., Dist. 4, Ho Chi Minh City
References
1. Doan, H.N. and Ngo, T.H., (2016). Improve Housing Laws for Vietnamese Residing Abroad and Foreigners in Vietnam. Journal of Legislative Studies (of Vietnam), 22, pp. 39–40.
2. Ekholm, A., (1996). A Conceptual Framework for Classifi cation of Construction Works. Journal of Information Technology in Construction, 1, pp. 30–35. Available at: https://citeseerx.ist.psu.edu/document?repid=rep1&type=pdf&doi=a4cd1624b9d3158fe2501e49394a14e48260eb50.
3. Gardner, J.P., (1994). Hallmarks of Citizenship. London: Green Paper. British Institute of International and Comparative Law.
4. Grimes, Jr. and Orville, F, (1976). Housing for Low-Income Urban Families. Economics and Policy in the Developing World, IBRD Research Publication. Baltimore: The Johns Hopkins University Press.
5. Henilane, I., (2015). The Evaluation of Housing Situation in Latvia. In: XVI Turiba University International Conference: Towards Smart, Sustainable and Inclusive Europe: Challenges for Future Development, pp. 93–106, doi: 10.1515/bjreecm-2016-0013.
6. Ho Chi Minh City University of Law, (2017). Land Law textbook. Hong Duc publishing house — Vietnam Lawyers Association.
7. Ho, N.Q., (2023). Some Issues about the Crime of Invading Other People’s Residences according to the Provisions of the Criminal Code 2015. The Court Journal (of Vietnam), pp. 22–25.
8. Hui, E.C.M. and Chan, K.K.K., (2014). Foreign Direct Investment in China’s Real Estate Market. Habitat International, 43, pp. 232–233, doi: https://doi.org/10.1016/j.habitatint.2014.04.007.
9. Jevons, W.S., (1871). The Theory of Political Economy. London: Macmillan and Co, doi: https://doi.org/10.1057/9781137374158.
10. Nguyen, D.L., (2023). Draft Housing Law (amended): Ensuring Consistency and Practicality. Financial Journal (of Vietnam), 798, pp. 52–53.
11. Nguyen, T.T.X. and Tran, V.P., (2019). Regulations on Housing Ownership by Foreigners in Vietnam. Journal of Legislative Studies (of Vietnam), 1 (377), pp. 44–51.
12. Ricardo, D., (2004). On the Principles of Political Economy and Taxation. Cambridge University Press, doi: https://doi.org/10.1017/CBO9781107589421.
13. Smith, A., (1776). An Inquiry into the Nature and Causes of the Wealth of Nations. London: Methuen & Co., Ltd.
14. Vo, C.D. and Nguyen, D.D., (2018). Some Theoretical, Legal and Practical Issues on the Rights of Foreigners. VNU Journal of Science — Law Studies, 2, pp. 66–68.
15. Vu, D.H., (2018). Rights of Residence and Home Ownership in Vietnam of Foreigners. Democracy and Law Journal (of Vietnam), 6, pp. 42–47.
16. Wong, P.Y., Higgins, D. and Carlson S., (2018). Australian Housing Market and the Indonesian Foreign Real Estate Investment. Joint Asia-Pacifi c Network for Housing Research and Australasian Housing Researchers Conference, School of Engineering and Built Environment Griffith University.
17. Zhang, L., (2023). Foreigners’ Right to Real Property Ownership. The Law Library of Congress, Global Legal Research Directorate.
Review
For citations:
Le T.S., Nguyen X.Q. Regulations on Conditions for Foreigners’ Housing Ownership in Vietnam: Inadequacies and Possible Solutions. Kutafin Law Review. 2023;10(4):847-871. https://doi.org/10.17803/2713-0533.2023.4.26.847-871
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