Overseas Vietnamese Co-Own a House with Relatives

Overseas Vietnamese Co-Own a House with Relatives is a question of great interest amidst increasingly diverse real estate transactions involving foreign elements. In reality, co-owning housing relates not only to property ownership rights but is also governed by numerous legal regulations regarding housing, land, and nationality. In the following article, Long Phan Consulting Company provides comprehensive information on these issues.

The concept of co-ownership of housing as defined by law

Housing co-ownership occurs when two or more owners share rights over a single house. In practical transactions, the question of “whether Overseas Vietnamese can co-own a house with relatives” frequently arises when establishing joint ownership. Pursuant to Clause 1, Article 207 of the 2015 Civil Code, joint ownership includes ownership by shares and consolidated joint ownership. This ownership right is clearly recorded on the Certificate of Land Use Rights, Ownership of Housing and Other Land-Attached Assets.

Joint owners have the right to possess, use, and dispose of the common property. However, disposal requires the consent of all parties. This regulation protects the lawful rights of every participating member. The parties must comply with land change registration procedures as prescribed.

Common forms of co-ownership

Under Clause 2, Article 207 of the 2015 Civil Code, co-ownership forms include: ownership by shares and consolidated joint ownership. In practical legal application, especially when the situation of “Overseas Vietnamese co-owning a house with relatives” arises, correctly determining the ownership type is crucial to clarifying the rights and obligations of the parties.

• Ownership by Shares: A form where each owner has a specific ownership share. This ratio is usually based on financial contribution levels or mutual agreement. Parties have the right to transfer their share but must give priority to the other co-owners.
• Consolidated Joint Ownership : A form where each person’s ownership right is not specifically defined. This usually applies to spousal relationships or household members. Under Article 212 of the 2015 Civil Code, all transactions related to consolidated common property require a written agreement.

The above content clarifies the concept and types of joint ownership. In practical application, the question of whether Overseas Vietnamese can co-own a house with relatives is usually raised when determining the legal status of the subjects participating in co-ownership. To answer this, you must examine specific subject conditions.

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Conditions for overseas Vietnamese to be allowed to co-own a house in Vietnam

Under the 2023 Housing Law, the 2024 Land Law, and Decree 95/2024/ND-CP, Overseas Vietnamese are permitted to invest in real estate and have their names on a co-owned house in Vietnam if they meet the legal conditions. Practice shows that many cases regarding whether Overseas Vietnamese can co-own a house with relatives must be directly cross-referenced with these regulations to determine the lawful ownership scope.

For Vietnamese people living abroad (who still retain Vietnamese citizenship)

Overseas Vietnamese who still hold Vietnamese nationality enjoy many incentives when investing in housing in Vietnam. Pursuant to Point b, Clause 3, Article 3 of Decree 95/2024/ND-CP, to establish real estate ownership, this group needs:

• A valid Vietnamese passport bearing a lawful entry stamp into Vietnam at the time of signing the transaction or creating the housing.
• Documents proving Vietnamese nationality (e.g., Citizen ID card, Vietnamese passport, or other lawful documents under Point a, Clause 2, Article 3, Decree 95/2024/ND-CP).
• Full civil behavioral capacity under Vietnamese law (18 years or older, not restricted/lost civil behavioral capacity).
• Proof of lawful finances to pay for the real estate and related costs.
• Vietnamese retaining nationality are not limited in the number of houses they can own and can use residential land stably and long-term. They are permitted to buy, sell, transfer, donate, inherit, or invest in housing development projects (including off-plan housing). Administrative procedures are executed like domestic citizens.

For people of Vietnamese origin (who no longer have Vietnamese citizenship)

People of Vietnamese origin without Vietnamese nationality can also invest and co-own houses in Vietnam but must comply with stricter conditions. Under Point b, Clause 2, and Point c, Clause 3, Article 3 of Decree 95/2024/ND-CP, specific conditions include:

• A valid foreign passport or substitute lawful document under immigration laws.
• A document confirming they are a person of Vietnamese origin, issued by a competent Vietnamese agency, proving bloodlines or Vietnamese roots.
• A lawful entry verification stamp into Vietnam at the time of signing the housing transaction.
• Full civil behavioral capacity and lawful financial sources.
• Full fulfillment of financial obligations: ownership registration, tax declaration, fee payment.
• Under Clause 1, Article 44 of the 2024 Land Law, eligible people of Vietnamese origin can own housing attached to residential land use rights if the housing/land belongs to a housing development project permitted for transfer.

Whether they hold Vietnamese nationality or not, investing in real estate and co-owning a house in Vietnam is legally permitted under specific conditions, including cases where overseas Vietnamese co-own a house with relatives. Understanding and complying with regulations on entry, identification documents, proof of origin, and financial requirements helps Overseas Vietnamese carry out lawful transactions and minimize legal risks.

>>>See more: What are the Conditions for Overseas Vietnamese to Invest in Real Estate Projects in Vietnam?

Cases where overseas Vietnamese are allowed and not allowed to jointly own property

The regulations on ownership and joint-naming of real estate for people of Vietnamese origin residing abroad are strictly governed by the 2024 Land Law and 2023 Housing Law, including cases where overseas Vietnamese co-own a house with relatives under legally recognized conditions.

Cases where overseas Vietnamese are allowed to jointly own property

Vietnamese citizens residing abroad are permitted to jointly own land use rights certificates and property ownership certificates in certain cases. In practice, when considering the question “can overseas Vietnamese co-own a house with relatives,” each specific situation must be carefully assessed to determine whether it falls within the scope of permitted co-ownership under current legal regulations.

• Vietnamese expatriates eligible to own housing in Vietnam: These are Vietnamese citizens residing abroad who still hold Vietnamese citizenship, or citizens of Vietnamese origin who are permitted to enter Vietnam.
• At that time, they had the right to buy and legally own housing, including co-ownership.
• Buying commercial housing: You can be a co-owner when buying or lease-purchasing housing in commercial housing development projects.
• Gift or Inheritance: The law allows you to be a co-owner of a house that is gifted or inherited from relatives, including detached houses in areas without restrictions.
• Transfer of land use rights in a project: Based on Article 44 of the 2024 Land Law, you are entitled to be a co-owner when receiving the transfer of land use rights in a commercial housing development project that is permitted to sell land plots.
• Joint ownership with a Vietnamese citizen: You can jointly own the aforementioned legally owned assets with your parents, spouse, or siblings who are Vietnamese citizens.
• There is a clear agreement on co-ownership: Specifically define the ownership ratio (by share or consolidated). Create a written agreement or record it in the purchase or gift contract.

Cases where overseas Vietnamese are not allowed to be listed as co-owners

Current Vietnamese law imposes certain restrictions to protect national defense, security, and land management. Accordingly, overseas Vietnamese co-own a house with relatives is not permitted in the following cases:

• Ineligible for entry into Vietnam: Not permitted to enter or restricted from entering.
• Lacking documents proving origin: If you lack documents proving Vietnamese nationality or confirming Vietnamese origin, functional agencies will refuse to list your name on the Certificate.
• Real estate in national defense/security zones: You cannot co-own housing/residential land in prohibited areas or zones requiring protection under the Ministry of National Defense and Ministry of Public Security regulations.
• Agricultural/Forestry land: Currently, people of Vietnamese origin residing abroad are not permitted to directly have their names on agricultural or forestry production land (except when inheriting, where they only enjoy the value).
• Social housing: Subjects eligible to buy social housing face strict residency and income conditions, usually inapplicable to those residing abroad.
• Co-owning but not validly registering: Failing to execute title transfer procedures or failing to record full co-ownership info on the certificate renders it legally invalid.

Regulations regarding co-ownership of housing with relatives

Co-owning a house requires tight coordination between the owning subjects. In reality, the question of whether overseas Vietnamese co-own a house with relatives is often raised to clarify how to determine rights and obligations between parties.

Who is allowed to be a co-owner with an overseas Vietnamese?

The law allows you to co-own with any individual possessing full civil behavioral capacity, including arrangements where overseas Vietnamese co-own a house with relatives. Domestic individuals or people of Vietnamese origin residing abroad both have the right to establish joint ownership. Article 207 of the 2015 Civil Code does not limit the personal relationship between co-owners. You can choose parents, siblings, or spouses to co-own the asset, and this relationship is proven via valid civil status documents.

Ownership percentages and how to determine ownership shares

The real estate ownership ratio is determined based on financial contribution levels or voluntary agreement, including arrangements where overseas Vietnamese co-own a house with relatives. Pursuant to Article 209 of the 2015 Civil Code, common ownership by shares corresponds to the recorded ratio. You and your relative have the right to establish this ratio in a notarized document. If no other agreement exists, ownership shares are considered equal. Competent authorities will base the issuance of the Certificate of Land Use Rights on the content of the contract.

Co-ownership agreement and its necessary contents

The co-ownership agreement establishes transparent rules for managing, using, and disposing of the common property, especially in cases where overseas Vietnamese co-own a house with relatives. This document must clearly detail the method of exploiting the housing’s commercial value. Both you and the co-owner are responsible for financial obligations and house maintenance. Article 217 of the 2015 Civil Code requires owners to manage the asset according to the agreement, and any transfer of an ownership share must comply with the other member’s right of first refusal.

Rights and obligations of the parties when co-owning

Joint owners have the right to enjoy yields and bear responsibility for asset maintenance in proportion to their shares, including situations where overseas Vietnamese co-own a house with relatives. Pursuant to Article 218 of the 2015 Civil Code, each party has the right to dispose of their ownership share. Any change in structure or usage purpose requires the consensus of all co-owners. You are also obligated to pay land taxes and periodic management fees as prescribed by law. Failure to comply with these obligations may result in legal disputes and liability for compensation for actual damages.

Long Phan Consulting Company provides home ownership registration services for overseas Vietnamese

Experts at Long Phan Consulting Company execute specialized operations to assist clients in resolving housing and land procedures, including cases where overseas Vietnamese co-own a house with relatives. We structure our professional support into the following key area:

• Assessing the eligibility of Vietnamese nationals residing abroad to own housing.
• Check the legal documentation and dispute status of the property intended for transaction.
• Draft a sales contract and a detailed co-ownership agreement.
• Complete the notarization and authentication procedures for documents at the competent authority.
• We will represent you in submitting the application for registration changes and issuing a new certificate.
• Providing advice on personal income tax obligations and registration fees for all parties involved.

Frequently Asked Questions about whether Overseas Vietnamese Co-Own a House with Relatives

Below are some frequently asked questions regarding whether Overseas Vietnamese Co-Own a House with Relatives. Please refer to the following information if you are interested:

What are the forms of home ownership in Vietnam for foreigners?

According to Clause 2, Article 17 of the 2023 Housing Law, foreigners are allowed to own housing in Vietnam, including apartments and detached houses, through the following forms:

• Purchasing, leasing, or receiving commercial housing from a housing development project developer, or inheriting commercial housing within a housing development project that is not located in an area requiring national defense and security protection.
• Purchasing or lease-purchasing housing from foreign organizations or individuals who already own housing as stipulated in point b, clause 2, Article 17 of the 2023 Housing Law.

What is the maximum number of residential properties that foreign organizations and individuals are allowed to own in Vietnam?

According to Clause 1, Article 19 of the 2023 Housing Law and Article 5 of Decree 95/2024/ND-CP, foreign organizations and individuals are allowed to own no more than 30% of the number of apartments in a condominium building; and no more than 250 houses (if they are detached houses, including villas and townhouses) in an area with a population equivalent to a ward-level administrative unit.

Furthermore, according to Clause c, Point 1, Article 10 of the 2023 Housing Law, overseas Vietnamese (Vietnamese citizens residing abroad) are entitled to be granted a land ownership certificate (Sổ đỏ) for their legally owned property in accordance with the 2023 Housing Law and land laws.

Can overseas Vietnamese be named on a Land Use Right Certificate (Land Title Deed)?

According to Clause 1, Article 26 of the 2024 Land Law, overseas Vietnamese are land users who are granted land use certificates when they meet the conditions stipulated by land law.

Overseas Vietnamese, who are Vietnamese citizens residing abroad and own construction works, are eligible for a land use right certificate (Sổ đỏ) if they possess one of the documents specified in Clause 1, Article 149 of the 2024 Land Law. Similarly, overseas Vietnamese who create construction works and possess documents that comply with the regulations of the law on construction are also eligible for a land use right certificate (based on Clauses 1 and 4, Article 149 of the 2024 Land Law).

Therefore, based on the above regulations, overseas Vietnamese who are land users/owners of houses and construction works/creators of construction works in Vietnam are granted land use rights certificates when they meet the conditions stipulated by the laws on housing and land.

Do overseas Vietnamese have the right to buy and own all types of real estate in Vietnam?

No, Vietnamese expatriates have certain limitations on real estate ownership in Vietnam. People of Vietnamese origin who no longer hold Vietnamese citizenship are only permitted to own houses attached to land use rights in commercial housing development projects that allow for transfer, according to Article 44 of the 2024 Land Law. Vietnamese expatriates who still hold Vietnamese citizenship have broader ownership rights, equivalent to those of domestic citizens.

Conclusion

Co-owning a house with relatives is possible for Overseas Vietnamese, including cases where overseas Vietnamese co-own a house with relatives. You need a clear written agreement on ownership and contributions. Compliance with the 2024 Land Law and 2023 Housing Law helps avoid disputes. Our expert team is ready to resolve complex legal procedures related to real estate. You can connect via Hotline 1900636389 to receive direct consultation from the experts at Long Phan Consulting Company.