A. PROCEDURE FOR PURCHASE OF LAND FOR INDIVIDUALS IN WATER

* Conditions of the transaction object:

- Housing legitimate sovereign;

- There is no dispute;

- No distraint for judgment enforcement or execution of the administrative decision of the competent state authority;

- There is sufficient proof of legal ownership.

 I. Papers seller:

1. certificate of house ownership and land use rights, original;

Where to sell part of the housing, the need for more of the following documents:

- Dispatch of the Land Registration Office and State or Division of Natural Resources - Environment;

- Technical records of land parcels, documents the status quo;

2. The purchase and sale contract, donation, text the inheritance declaration, notarized originals (if any);

3. The notice informs the registration fee (original)

4. The identity card or passport of the seller (husband and wife), originals. The identity card must clearly not torn erasing.

5. Household Book of the seller (husband and wife);

6. Documents proving marital relation of the seller (Registration of marriage);

7. In cases where the seller includes a person should have the following documents:

- Certificate of marital status (if ever celibacy);

- The judgment of divorce + Certificate of marital status (if divorced);

- Death certificate of spouse + Certificate of marital status (if the spouse dies before the property);

- Documents proving the property is donated by a private individual, or inherited by agreement or judgment property division (contract for donation, inheritance written declarations, agreements on division, judgment property division).

8. Contract sale authorization (if any).

 II. Papers buyers:

1. The identity card or passport of buyers (both spouses);

2. The buyer's household register (husband and wife);

3. Documents proving the marriage relationship of the buyer (Registration of marriage);

4. Request Form notarized + declarations;

5. The authorization contracts bought (if any);

 III. Procedures for purchasing the land with local individuals

- Step 1: The buyer and seller to establish sales contract at the notary public (irrespective of the locality), together with proof of ownership of housing and personal documents. The contract can be prepared or prepared by notary public.

- Step 2: One of the two sides traded in filing regulatory agencies at the district level (for individuals). In case of selling a portion of housing attached to residential land use rights must be accompanied by schematic drawings housing area, residential with their evaluation of the management bodies if in urban housing, certified by the Committee if in the rural commune.

- Step 3: Based on the records, housing authorities will inspect and locate the parcel of land and sent to the tax authority to determine financial obligations (if any).

- Step 4: After the announcement of the tax authorities, housing authorities will send the tax notice to the landlord to go pay their financial obligations to the tax agency.

- Step 5: After paying taxes, homeowners pay tax receipts, the registration fee for housing authorities to receive a certificate of house ownership and land use rights.

When both sides of the notary signature and fingerprints, the LUR it does not belong to you, because of the real estate assets, the transfer of ownership takes effect from the time of registration of property rights (clause 1 Article 168 of the Civil Code). The payment and the payment method agreed upon by the parties to ensure their rights.

If both parties agree, and you have to pay off the remaining procedures themselves, then this time you must make tax obligations include registration fees (these fees as stipulated by law the purchaser shall be subject), and personal income taxes (taxes that this is prescribed by law at the seller)

B. PROCEDURES FOR FOREIGNERS BUY HOUSES IN VIETNAM

I. Organization, foreign individuals following subjects are bought and own houses in Vietnam:

1. Individuals foreign direct investment in Vietnam in accordance with law on investment or business is operating in Vietnam under the provisions of corporate law, including local businesses and enterprises with foreign investment capital lease hold managerial positions in the enterprise;

2. Foreign individuals whose work has contributed to Vietnam by President Socialist Republic of Vietnam Medal, Medal; Foreign individuals with special contributions to Vietnam by the Prime Minister for decision;

3. Foreign individuals are working in the field of economy - society has a university degree or equivalent and above and who have the knowledge and skills that Vietnam has special needs;

4. Foreign citizens married to citizens of Vietnam;

5. Enterprises with foreign investment funds operating in Vietnam under the investment law on business functionality without real estate, the demand for housing for people who are working in that business in.

II. The proof entitled to own houses in Vietnam:

To buy and own houses in Vietnam, foreigners are entitled to purchase, inheritance, donation and own houses in Vietnam, those conditions should include:

1. A foreign person must have a passport or papers of value replacement passport issued by the competent authority of a foreign country with one of the following documents:

a) Where was the direct investment in Vietnam, they must be included in the investment certificate or corresponding papers with a term of 01 years or older or have proof of board members, board value of the business is operating in Vietnam.
b) If the business had been operating in Vietnam, holding management positions, there must be proof of management or a decision is made by appointment Vietnamese. For those who have contributed to the country, there must be a medal or medal of the President of the Socialist Republic of VN awarded; who have made special contributions to the country, they must have a certificate by the issuing agency in charge of the contributions, and sent to the relevant ministries for consideration and submission to the Prime Minister with written permission.

c) to Vietnam to work in the fields of economy, science, technology, environment, education and training ... there must be a demonstrated degree qualified engineer, bachelor's or higher by the agency Vietnam's competent authorities or by foreign authorities, together with a work permit or professional licensed in Vietnam by competent agencies of Vietnam.

d) For foreigners with special skills, they must have documents certifying the expertise and skills of associations, professional societies Vietnam ... accompanied by a licensed professional in Vietnam or work permit issued by the competent authorities of Vietnam.

e) Foreigners married to citizens of Vietnam must have papers marriage certificate issued by the competent authorities of Vietnam or of foreign countries, together with Vietnam passport or permanent residence and identity card people of the spouses is a citizen of Vietnam.

The object must have a permanent resident card or temporary residence cards or paper certificates are permitted to reside in Vietnam for 12 months or more, by the authorities under the Immigration and Ministry of Public Security is not entitled enjoy the privileges and immunities of diplomatic and consular.

2. in which individuals, businesses on the purchased and owns the apartments in the project development of commercial housing in the area and not restrict or prohibit foreigners residing and traveling.

III. Records and procedures for granting housing ownership and residential land use rights organizations, foreign individuals to own houses in Vietnam:

1. The application for a certificate of housing ownership and land use rights in both Vietnamese and English in the prescribed form.

2. Papers on housing ownership of the seller.

a) In case of purchase of apartments in housing development projects commercial business enterprise of real estate (including the purchase of apartments case formed in the future and purchase of apartments available)

- Decision approving the project development of commercial housing of the competent authority.

- The lease of land or land allocation decisions or certificates of land use rights by the competent authority for the business.

- Drawings of the floor trading.

- Minutes of the handover of the apartment together with the regulations on management and use of the apartment by the enterprise sale issued (applies to cases where the purchase of apartments available)

b) In case of purchase, inheritance or donation of apartments in the project development of commercial houses of individuals (apartments available)

- Certificate of housing ownership and residential land use rights granted under the provisions of the Housing Law and Decree No. 60 / CP dated 05/7/1994 of housing ownership and land use rights in the capital market or certificate of ownership of the house in accordance with Decree No. 95/2005 / ND-CP dated 15/7/2005 on certificates of ownership and ownership housing construction

- Certificates of land use rights has recognized housing on land granted under the provisions of the Land Law 2003

3. The original of the contract for sale or donation of housing or house inheritance papers in accordance with the law of Vietnam.

4. A certified copy of the foreign passport and one of the documents stipulated in points a, b, c, d, e above.

5. Written certification of real estate trading floors of apartments which are traded through the floor under the provisions of the law on real estate business, if the buyer's apartment business enterprise real estate.

C. THE VIETNAM ON OVERSEAS (VIETNAM OVERSEAS) RESIDENTIAL PROPERTY IS IN VIETNAM

I. The Vietnam residing abroad following subjects are bought and own houses in Vietnam:

Pursuant to Law No. 34/2009 / QH12 Amending and Supplementing Article 126 of the Housing Law and Article 121 of the Land Law; based on articles 66 and 67 of Decree 71/2010 / ND-CP; bases circular 16/2010 / TT-BXD guiding the decree 71 overseas Vietnamese eligible to own houses in Vietnam:

Asian. Vietnam persons residing abroad following subjects were competent agencies of Vietnam to reside in Vietnam for three months or more, have ownership housing for themselves and the members of the families living in Vietnam:

b. Vienam citizen;

C. Native of Vietnam who return to direct investment in Vietnam under the investment law; who have contributed to the country; scientists, cultural houses, who have special skills that agencies and organizations in Vietnam with demand and working in Vietnam; whose spouses are citizens of Vietnam live in the country.

C. Native of Vietnam not in the subjects specified in Clause 1 of this Article the competent bodies of Vietnam visa exemption certificate and are allowed to reside in Vietnam for three months or more, have ownership a single house or an apartment in Vietnam for themselves and family members living in Vietnam. "

II. The proof entitled to own houses in Vietnam:

Papers proving Vietnam object residing abroad to own houses in Vietnam

1. Vietnam residing abroad to own houses in Vietnam as stipulated in Article 1 of Law No. 34/2009 / QH12 Amending and Supplementing Article 126 of the Housing Law and Article 121 of the Land Law belt must have the following documents to prove the object:

Asian. For nationals of Vietnam, Vietnam must have a passport valid; in the case of foreign passports, they must have a proof of nationality Vietnam under the provisions of the law on nationality;

b. For the native of Vietnam, they must have a foreign passport with papers certifying the native of Vietnam by competent agencies of Vietnam to prove the origin of Vietnam.

2. Vietnam residing abroad following subjects shall have the right to own (unrestricted number of houses in Vietnam) through the form of purchase, donation, inheritance, exchange houses or received the land use right transfer in housing development projects of the enterprise business real estate (for projects in the region are permitted to transfer land use rights in the form of sale platform under the law of the land) to build housing buyers for themselves and family members in Vietnam:

Asian. The object specified in paragraph 1 of this Article;

b. The subjects specified in Clause 1 of this article, but must belong to one of these areas:

- The direct investment in Vietnam under the investment law on investment certificate or a certificate of business registration by the competent authorities of Vietnam;

- He has contributed to the country, including those who enjoy the preferential regime under the provisions of the Ordinance on preferential treatment have contributed to the revolution have proof enjoy preferential treatment by the competent bodies rights of Vietnam; who have made contributions in the cause of national liberation, national construction by the President Medal, Medal, was the Prime Minister's Certificate of Merit; Participants in the Executive Committee of political organization - society of Vietnam, the Vietnam Fatherland Front at provincial level or above from the certified organization; who was elected to the Central Executive Committee of the Assembly, who is the core of the movement, held by expatriates with local ties and who have contributed, actively assist missions or activities Vietnam's foreign affairs abroad State Commission about the Vietnam abroad or diplomatic representative offices of Vietnam in foreign countries confirmed;
- The culture, scientists, including who was appointed academic titles in science, education, culture - art, physical education - sports in Vietnam or foreign countries, experts in economic sectors - social work in Vietnam. These objects have been leaders of the Party, State, ministers, heads of ministerial-level agencies, Government agencies, presidents of provincial-level People's Committees, heads of universities, colleges and academies and research institutes of Vietnam invited him to become professionals, collaborators, taught and certified by agencies and organizations invited to the subjects working in agencies and organizations;

- People with specialized skills, especially with professional certifications, skills associations, professional associations, Vietnam or ministerial-level agency in charge of areas of expertise, skills, together with a license expertise in Vietnam by competent agencies of Vietnam (for cases where the law requires a license) or a work permit by the competent authorities of Vietnam (for cases where the law does not require a license);

- The person is a citizen spouses Vietnam living in the country undocumented marriage certificate issued by the competent authorities of Vietnam or foreign countries attach to permanent residence and proof of identity one spouse is a citizen in the country Vietnam.

- For the case of foreign documents submitted by the applicants must be translated into Vietnamese and notarized by notary offices in Vietnam.

 

3. Vietnam origin residing abroad Vietnam but not being subjects prescribed in Clause 2 of this Article, if any papers prescribed in Clause 1 of this Article and visa exemption certificate by the agency jurisdiction of Vietnam, they may own a single house or an apartment in Vietnam

4. If this object is owning houses in Vietnam which are inherited or donated to other houses, only a selected residential property; for the remaining houses may donate or sell objects belonging to own houses in Vietnam to enjoy the value stipulated in Article 72 of this Decree.

 

With this provision, the Vietnamese overseas do not need to have the actual residence time (continuous residence or the residence of accrued) for full 3 months or more at the new Vietnamese house ownership that simply have papers proving to be permitted to reside in Vietnam as stipulated in Article 67 of decree 71: Article 67. documents proving residence conditions in Vietnam Vietnam's overseas settlements

1. For the Vietnam residing abroad Vietnam passport must have one of the following documents by the ward, commune or township (hereinafter referred to as ward police) where they residence:

Asian. Staying window;

b. The papers certifying the registration of temporary residence in the locality.

 

Vietnam persons residing abroad Vietnam passport must submit a proposal and present their passport at the ward police offices when applying for documents specified in this paragraph. Within a maximum of three days from the date of receipt of the proposal, ward police shall issue one of the documents specified in this paragraph for the Vietnam residing abroad.

 

2. For Vietnam to overseas foreign passports, they must have one of the following documents issued by the Immigration Administration of Vietnam:

Asian. Temporary residence card;

b. There are temporary residence stamp in your passport close to the time limit for temporary residence in Vietnam for three months or more

The certification of skilled personnel, special skills specified in Clause 2, Article 66 of Decree No. 71/2010 / ND-CP shall comply with the following principles:

a) In case of expertise, special skills are included in the list of occupations by the Ministry of Labour - Invalids and Social Affairs Vietnam regulations, people with expertise, skills especially skilled people in accordance with the highest grade water the certification of skills.

b) The expertise, special skills must have application for certificate accompanying a notarized copy of the certificate of the highest grade skilled posts associations, professional associations of Vietnam to be granted confirm; areas where no request for certification associations or professional associations shall submit an application to the Ministry in charge of the professional skills to be confirmed;

c) In case of expertise, special skill is not in the list of occupations by the Ministry of Labour - Invalids and Social Affairs Vietnam regulations, after receiving the application, associations or professional associations of Vietnam (in the case where such associations or professional associations) or the Ministry in charge of the field (in case no association or professional associations) based on the criteria and requirements of expertise, special skills due to the association or associations Vietnam profession or by the Ministry in charge of the place to grant the certificate to the applicant or reply to the applicant to know the reasons (if not granting certification);

d) associations, professional associations of Vietnam was granted certification for professionals who have skills in particular in accordance with clause 2 of Article 66 of Decree No. 71/2010 / ND-CP of the associations and professional associations established under the provisions of the law of Vietnam and is operating legally in Vietnam.