Bản dịch văn bản 51/2009/NĐ-CP
Decree 51/2009/NĐ-CP
Cơ quan ban hành: Chính phủ
Ngày ban hành: 2009-06-03

DECREE GUIDING A NUMBER OF ARTICLES OF THE NATIONAL ASSEMBLY'S RESOLUTION NO 19/2008/QH12 OF JUNE 3, 2008, ON PILOT PERMISSION FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS TO PURCHASE AND OWN HOUSES IN VIETNAM THE GOVERNMENT Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the National Assembly's Resolution No. 19/2008/QH12 of June 3, 2008, on pilot permission for foreign organizations and individuals to purchase and own houses in Vietnam; At the proposal of the Minister of Construction, DECREES: Chapter I GENERAL PROVISIONS Article 1. Scope of regulation This Decree details and guides papers evidencing foreign organizations and individuals eligible to purchase, inherit, be donated or own houses and conditions they must satisfy; the order of and procedures for the grant of house ownership and residential land use right certificates to foreign organizations and individuals allowed to own houses in Vietnam; the handling of violations, and responsibilities of concerned agencies for implementing the National Assembly's Resolution No. 19/2008/QH12 of June 3. 2008. on pilot permission for foreign organizations and individuals to purchase and own houses in Vietnam (below referred to as Resolution No. 19/2008/QH12). Article 2. Subjects of application This Decree applies to foreign organizations and individuals working and operating in Vietnam, including: 1. Foreigners defined in Clauses 1, 2, 3 and 4, Article 2 of Resolution No. 19/2008/QH12 who purchase, are donated, inherit or own houses in Vietnam. 2. Foreign-invested enterprises not engaged in real estate business that are eligible to purchase and own houses in Vietnam as defined in Clause 5, Article 2 of Resolution No. 19/2008/QH12. Article 3. Interpretation of terms In this Decree, the terms below are construed as follows: 1. Foreigner means a person having no Vietnamese nationality; 2. Foreign-invested enterprise means an enterprise established by a foreign investor to conduct foreign investment activities in Vietnam, or a Vietnamese enterprise of which a foreign investor purchases shares or which is merged or acquired by a foreign investor for direct management under Vietnamese law; 3. Condominium apartment under a project on the development of commercial houses of a real estate enterprise means a condominium apartment built by a real estate enterprise under a project approved by a competent agency for sale or lease at market price; 4. An individual's condominium apartment under a project on the development of commercial houses means an available apartment an individual has purchased under a project on the development of commercial houses and for which he)she has been granted a house ownership certificate under law. Article 4. Prohibited acts 1. Forging dossiers or papers evidencing the eligibility and conditions for purchasing, inheriting, being donated or owning houses. 2. Purchasing or selling condominium apartments in areas in which foreigner residence or travel is restricted or banned, or purchasing houses other than condominium apartments under projects on the development of commercial houses. 3. Purchasing condominium apartments from real estate companies not on a real estate trading floor as prescribed by the law on real estate business. 4. Owning more than one condominium apartment in case of being allowed to own only one apartment at a time of residence in Vietnam. 5. Using houses for lease or other purposes or for conducting activities in violation of 6. Dismantling, renovating or maintaining houses in contravention of Vietnamese law. 7. Conducting house-related transactions in contravention of Resolution No.19/2008/QH12 and Vietnamese law. Chapter II PAPERS EVIDENCING ELIGIBILITY AND CONDITIONS FOR PURCHASING AND OWNING HOUSES IN VIETNAM Article 5. Papers evidencing foreigners' eligibility and conditions for purchasing, inheriting, being donated or owning houses in Vietnam 1. Papers evidencing eligibility for purchasing, inheriting, being donated or owning houses in Vietnam A foreigner must possess a passport or a paper of passport substitute validity (below collectively referred to as passport), granted by a competent foreign agency, enclosed with any of the following papers: a) A foreigner who enters to make direct investment in Vietnam must be named in the investment certificate or an appropriate paper on investment activities granted by a competent Vietnamese agency (below collectively referred to as investment certificate), which remains valid for at least one year, or possess a paper evidencing that he)she is a member of the board of directors or management board of an enterprise operating in Vietnam; b) For a foreigner hired by an enterprise operating in Vietnam under the enterprise law to hold the position of director general, director, deputy director general or deputy director, or to act as the head or deputy head of a unit attached to the enterprise, a hiring contract or an appointment decision made in Vietnamese is required; c) Foreigners who have made contributions to Vietnam must possess an order or medal conferred by the President of the Socialist Republic of Vietnam; d) For foreigners who have made special contributions to Vietnam, a written certification of a ministerial-level agency in charge of the field in which they have made contributions is required, which shall be submitted to the Ministry of Construction for consideration and further submission to the Prime Minister for written approval; đ) Foreigners who enter Vietnam to conduct economic, scientific and technological, environmental, education and training, culture and information, physical training and sports, health care, social or legal activities must possess diplomas evidencing their engineer or bachelor or higher degree granted by a competent Vietnamese or foreign agency, enclosed with either of the following papers: - Work permit, granted by a competent Vietnamese agency; - Permit for professional practice in Vietnam, granted by a competent Vietnamese agency. e) Foreigners with special skills must possess papers certifying their professional qualifications and skills issued by a Vietnamese professional association or society or a ministerial-level agency in charge of the field in which they have professional qualifications and skills, enclosed with permits for professional practice in Vietnam granted by a competent Vietnamese agency (in case practice permits are required under law/ or work permits granted by a competent Vietnamese agency (in case practice permits are not required under law); g) Foreigners married to Vietnamese citizens must possess marriage certificates granted by a competent Vietnamese or foreign agency, enclosed with Vietnamese passports or permanent residence books and identity cards of their Vietnamese spouses. 2. Papers evidencing conditions for purchasing and owning houses in Vietnam Foreigners must possess permanent or temporary residence cards or written certifications of their permitted residence in Vietnam for at least 12 months, granted by the immigration management agency under the Ministry of Public Security, and they are not entitled to diplomatic or consular privileges or immunities under the National Assembly Standing Committee's August 23, 1993 Ordinance on Privileges and Immunities for Foreign Diplomatic Missions and Consular Offices and Representative Offices of International Organizations in Vietnam. Article 6. Papers evidencing foreign-invested enterprises' eligibility and conditions for purchasing, being donated, inheriting or owning houses in Vietnam Foreign-invested enterprises eligible to purchase, inherit, be donated or own houses in Vietnam must be operating in Vietnam and possess investment certificates remaining valid for at least one year granted by a competent Vietnamese agency. Chapter III ORDER OF AND PROCEDURES FOR GRANT OF HOUSE OWNERSHIP CERTIFICATES Article 7. Papers evidencing house ownership of house sellers, donors or bequeathers 1. In case of purchase of a condominium apartment under a real estate enterprise's project on the development of commercial houses (including future apartments and available apartments), the seller must possess the following papers: a) The project-approving decision of a competent agency; b) Land lease contract)land allocation decision or land use rights certificate, granted by a competent agency; c) The apartment's site plan; d) Written record of the handover of the apartment, enclosed with the seller's regulations on management and use of condominiums (in case of purchase of available apartments). 2. In case of purchasing, inheriting or being donated an individual's condominium apartment under a project on the development of commercial houses, this condominium apartment must be available and the seller, donor or bequeather must possess a paper evidencing his) her ownership. Specifically: a) The house ownership and residential land use right certificate granted under the Housing Law or Decree No.60/CP of July 5, 1994, on the ownership of houses and right to use residential land in urban centers, or house ownership certificate under Decree No. 95/2005/ND-CP of July 15, 2005, on the grant of house and construction-work ownership certificates: b) The land use right certificate granted under the 2003 Land Law, indicating the house on land. Article 8. Dossier of application for house ownership and residential land use right certificate An applicant for a house ownership and residential land use right certificate shall make a dossier comprising: 1. An application for the house ownership and residential land use right certificate, made in Vietnamese and English (according to a form provided in Appendix II to this Decree); 2. The original house purchase/sale or donation contract or house inheritance paper as prescribed by Vietnamese law. In case of purchase of an apartment from a real estate enterprise, the house purchase and sale contract is not required to be notarized. If purchasing or being donated an individual's apartment, such contract must be notarized under the housing law; 3. A certified true copy of the foreign passport and any of the papers specified at Points a, b, c, d, e, f and g, Clause 1. Clause 2, Article 5. Article 6, and Points a and b, Clause 1, Article 7, of this Decree. If a passport copy is not certified, when submitting the dossier, the applicant must take along the original passport for comparison. Diplomas evidencing professional qualifications or marriage certificates granted by a foreign country must be translated into Vietnamese and notarized in Vietnam. In other cases, the dossier of application for a house ownership certificate must contain the originals of relevant papers specified in Articles 5 and 7 of this Decree. In case of purchase of an apartment from a real estate business enterprise, purchase)sale procedures must be carried out via a real estate trading floor, and the original certification of the purchase and sale of that apartment via the trading floor under the law on real estate business is required. Tax and registration fee receipts made in accordance with law. Tax and registration fee rates are the same as those applicable to Vietnamese citizens in the country. Article 9. Order, procedures and competence for granting house ownership and residential land use right certificates 1. An applicant for a house ownership and residential land use right certificate shall submit a valid dossier (comprising all papers specified in Article 8 of this Decree) to the provincial-level Construction Service of the locality where the apartment exists. The dossier recipient shall issue a dossier receipt, indicating the date, hour and place for notifying dossier-processing results. If the dossier is incomplete, the dossier recipient shall immediately provide detailed guidance to the applicant to supplement the dossier. If the dossier is invalid, the provincial-level Construction Service shall return it and notify in writing the applicant of the reason. 2. After receiving the dossier, the provincial-level Construction Service shall fill in the house ownership and residential land use right certificate under the housing law and submit the certificate to the provincial-level People's Committee for signing. The provincial-level People's Committee may grant house ownership and residential land use right certificates made according to the form attached to Decree No. 90/2006/ND-CP of September 6, 2006, detailing and guiding the Housing Law (below referred to as Decree No. 90/2006/ND-CP) to foreign organizations and individuals eligible to own houses under this Decree. 3. After signing the house ownership and residential land use right certificate, the provincial-level People's Committee shall return certificate to the provincial-level Construction Service for hand-over to the house owner. The person coming to receive the certificate shall produce the dossier receipt, pay the fee for the grant of the certificate and sign in the house ownership registration book. If authorizing another person to come to receive the certificate, a written authorization prescribed by Vietnamese law is required. The certificate grant fee is the same as that payable by Vietnamese citizens in the country. 4. For foreigners, within 2 working days after receiving a certificate from the provincial-level People's Committee, the provincial-level Construction Service shall send to the Ministry of Construction a written notice (made according to forms provided in Appendices III and IV to this Decree, not printed herein) of information on the full name, number, place and date of issue of passport, and nationality of the house purchaser, address of the apartment, number and date of issue of the certificate, for uploading that information onto the Ministry's website. A foreigner who is owning a house in Vietnam as notified on the Construction Ministry's website may not own other houses nationwide. 5. The time limit for the grant of a house ownership and residential land use right certificate under this Article is 30 days from the date of receipt of a complete and valid dossier, excluding the duration for supplementation of papers (if any). 6. In case the granted house ownership and residential land use right certificate is damaged, torn or lost, the house owner may have it renewed or re-granted. Provincial-level Construction Services shall renew or re-grant house ownership and residential land use right certificates according to the procedures specified in Article 47 of Decree No. 90/2006/ND-CP. Chapter IV ORGANIZATION OF IMPLEMENTATION Article 10. Provisions on land use rights applicable to organizations and individuals eligible to own condominium apartments In Vietnam 1. Foreign organizations and individuals that purchase, inherit, are donated or own condominium apartments in Vietnam may use these apartments' land areas under common use in the form of using leased land and paying land rent in lump sum for the whole lease duration. The leased-land use duration equals the apartment ownership duration; and information on the leased-land use rights is indicated in the house ownership and residential land use right certificate. 2. In case a foreign organization or individual transfers the ownership of his/her apartment to a domestic organization or individual, the transferee may use land on a stable and long-term manner under the land law for the duration indicated in the house ownership and residential land use right certificate. Article 11. Dealing with houses organizations or individuals are donated or inherit 1. A foreigner owning a house in Vietnam under Resolution No. 19/2008/QH12 and this Decree who is donated or inherits another house may choose to own one condominium apartment under a project on the development of commercial houses. Foreigners may donate or sell their houses of other types to entities eligible to own houses in Vietnam in order to enjoy their value. 2. Foreign-invested enterprises which inherit or are donated houses other than condominium apartments under projects on the development of commercial houses may donate or sell these houses to entities eligible to own houses in Vietnam in order to enjoy their value. 3. Foreign enterprises or individuals defined in Clauses 1 and 2 of this Article are not required to carry out procedures for the grant of house ownership and residential land use right certificates before selling or donating these houses to others, and may directly sell or donate houses to entities eligible to own houses in Vietnam or authorize others to do so. In case of authorization, an authorization paper made under The sale or donation of houses by foreign enterprises or individuals under this Article complies with Article 68 of Decree No. 90/2006/ND-CP. Article 12. Handling of violations 1. Foreign organizations or individuals that violate the provisions of Clauses 1 thru 5, Article 4 of this Decree will not be granted house ownership and residential land use right certificates. Those who have been granted such certificates shall sell houses, attached with the right to use residential land to entities eligible to own houses in Vietnam, within 120 days counting from the date their violation is detected, and concurrently be sanctioned under the law on sanctioning of administrative violations in the domain of house management and development. 2. Past the time limit specified in Clause 1 of this Article, if foreign organizations or individuals have not yet sold houses, or if foreigners fail to sell houses within the time limit specified in Clause 3, Article 10 of Resolution No. 19/2008/QH12, they will have the granted house ownership and residential land use right certificates revoked. Unsold houses and residential land use rights will come under the Vietnamese State's ownership. 3. Violators of the provisions of Clauses 6 and 7. Article 4 of this Decree, shall be administratively sanctioned under Vietnamese law. 4. For other violations, depending on their nature and severity, violators shall be examined for penal liability or administratively handled under Resolution No. 19/2008/QH12 and Vietnamese law; if causing damage, they shall pay compensation under Vietnamese law. 5. Cadres, civil servants and concerned entities that violate the provisions of Resolution No. 19/2008/QH12 and this Decree shall be handled under the Ordinance on cadres and civil servants and relevant laws. Article 13. Responsibilities of concerned ministries and branches 1. The Ministry of Construction shall: a) Implement the provisions of Clause 2. Article 11 of Resolution No. 19/2008/QH12; b) Submit to the Prime Minister for written permission for foreigners who have made special contributions to Vietnam to purchase and own houses in Vietnam under Point d, Clause 1, Article 5 of this Decree; c) Guide, urge and inspect the implementation of Resolution No. 19/2008/QH12 and this Decree; d) Based on reports of provincial-level Construction Services, upload onto its website names of foreigners owning houses in Vietnam as a basis for localities to recognize these foreigners' house ownership and residential land rights under Clause 4 Article 9 of this Decree. 2. The Ministry of Public Security and the Ministry of Public Security shall, within the ambit of their functions and tasks, review, and notify provincial-level People's Committees of, areas in which foreigner residence or travel is restricted or banned. 3. Ministries and branches shall, within the ambit of their assigned functions and tasks, collaborate with the Ministry of Construction in guiding and organizing the implementation of Resolution No. 19/2008/QH12 and this Decree. Article 14. Responsibilities of provincial-level People's Committees 1. To implement the provisions of Clause 4, Article 11 of Resolution No. 19/2008/QH12. 2. To direct provincial-level Construction Services in managing house ownership by foreign organizations and individuals in their localities in accordance with this Decree. 3. To handle according to their competence or propose competent agencies to handle violators of the provisions of Resolution No. 19/2008/QH12 and this Decree. 4. To prescribe according to their competence or, based on notices of the Ministry of Public Security and the Ministry of Defense, publicize at provincial-level Construction Services and head offices of People's Committees of urban districts, rural districts, towns and provincial cities and local notary public, areas in which foreigner residence or travel is restricted or banned. Article 15. Effect 1. This Decree takes effect on August 1, 2009. 2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial-level People's Committees shall implement this Decree. APPENDIX II (To the Government's Decree No. 51/2009/ND-CP of June 3, 2009) APPLICATION FORM FOR THE GRANT OF HOUSING OWNERSHIP CERTIFICATE To: Provincial People's Committee [1] : Name of applicant: Nationality: Passport number: issued on date …..month……year... Place of issuance: Permanent residence (temporary residence) at: Representative of the company (in case of the company's application for the grant of certificate) Request for the grant of housing ownership and land use rights certificate in accordance with the regulations of Decree No.:…………..) 2009/ND-CP for the following individuals (or company) that is in the name of the owner: Apartment address: Apartment's floor area: m2. Floor number: Housing structure [2] : Grade, category of house: Year of construction: Papers are enclosed with the application form (should be clearly written that it is the original or the duplicate) 1………………………………………………………………………………………………… 2………………………………………………………………………………………………… 3………………………………………………………………………………………………… 4………………………………………………………………………………………………… 5………………………………………………………………………………………………… 6………………………………………………………………………………………………… 7………………………………………………………………………………………………… I assure that I am not a beneficiary of any preferential rights, foreign affairs or consular exception in accordance with the regulations of Vietnam laws and haven't owned housing in Vietnam. I commit that my declaration in this application form is correct and I fully execute all financial obligations in accordance with the regulations of the Government of Vietnam and take full liability to the competent authority for the above declaration. …………..date….. month……year……… Applicant (Signature, full name, stamp requested for organization) Note : [1] Write name of the provincial People's Committee where the apartment is purchased or sold. [ 2] Clearly write 5 factors of the house structure: skeleton of building, column, floor, wall, and roof. For example: skeleton of building, column, floor, and roof are in concrete: brick wall.