Are people who hold a certificate of Vietnamese origin granted by the Vietnamese consulate in the U.S., possess a U.S. passport, but do not have a Vietnamese birth certificate, passport, or ID eligible to purchase property in Vietnam?

Lawyer Nguyen Hong Linh from the Ho Chi Minh City Bar Association responds:

Overseas Vietnamese are deemed eligible to receive certificates of land use rights and assets attached to land, as per Clause 6, Article 4 of the 2024 Land Law.

Clause 1, Article 44 of the 2024 Land Law stipulates that overseas Vietnamese who are permitted to enter Vietnam can own houses attached to land use rights in the country. 

They are also entitled to use land if they acquire land use rights through transfers in housing development projects.

According to Clauses 1 and 2, Article 8 of the 2023 Housing Law, individuals of Vietnamese origin are eligible to own property in Vietnam as long as they are permitted to enter the country.

The required documents to verify eligibility and conditions for property ownership are outlined in Clause 2 and Clause 3 of Decree 95/2024/ND-CP as follows:

- Documents proving eligibility to own property: Overseas Vietnamese must present a foreign passport or a valid international travel document per the laws on entry and exit, along with a document confirming their Vietnamese origin under the nationality law.

- Documents proving the conditions for ownership: Overseas Vietnamese must have a valid passport or international travel document with a stamp to approve entry into Vietnam at the time of signing the housing transaction.

If they hold a valid U.S. passport with a stamp to approve entry into Vietnam at the time of the housing transaction, they are entitled to the right to own houses and land following Vietnamese law.

In summary, Vietnamese living abroad without a Vietnamese birth certificate, passport, or ID but with proof of their origin are eligible to own property in Vietnam.

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