Vietnamese people can directly buy houses and land, no longer needing to ask others for help

On January 18, the 15th National Assembly officially passed the revised Land Law. One of the contents that has received much attention is the changes related to land user rights.

The rights of land users are basically maintained in the same policy as the current land law. The revised Land Law stipulates amendments, supplements, and expansion of rights for land users, including those of Vietnamese origin.

Specifically, regarding the rights and obligations regarding land use of Vietnamese people residing abroad: Complete the direction that Vietnamese people residing abroad with Vietnamese nationality who are Vietnamese citizens have full rights related to land (not just rights to residential land) like Vietnamese citizens in the country (domestic individuals) and maintain the same policies as current laws for people of Vietnamese origin residing abroad to contribute to promoting investment and attracting remittances from Vietnamese citizens residing abroad into the country.

According to Clause 4, Article 3 of the Law on Vietnamese Nationality, people of Vietnamese origin residing abroad are Vietnamese people who used to have Vietnamese nationality, whose nationality was determined by bloodline at birth, and whose children and grandchildren are residing and living permanently abroad.

Người gốc Việt được trực tiếp mua nhà, đất, không còn cần nhờ người khác - 1 — Apartment building in Linh Dam urban area (Photo: Tran Khang).

Thus, it can be simply understood that descendants of people who used to have Vietnamese nationality abroad, even if they do not have Vietnamese nationality, still have full rights related to land like Vietnamese citizens in the country.

Because of the expansion of the subjects with land use rights, the Law also expands the cases in which the State allocates land with land use fees. Based on the inheritance of the subjects to whom the State allocates land with land use fees in Article 55 of the 2013 Land Law, Article 119 of the amended Land Law has added a number of subjects to whom the State allocates land with land use fees.

There are 2 cases involving people of Vietnamese origin:

Firstly, people of Vietnamese origin residing abroad and economic organizations with foreign investment capital are allocated land to implement commercial housing projects according to the provisions of the law on housing; use land from receiving the transfer of real estate projects according to the provisions of the law on real estate business in cases where the State allocates land with land use fees collected.

Second, households, individuals, and people of Vietnamese origin residing abroad are allocated land due to compensation in land when the State reclaims land according to the provisions of the amended Land Law.

The Law also stipulates that the District People's Committee shall issue Certificates to land users and owners of assets attached to land who are individuals, residential communities, and people of Vietnamese origin residing abroad.

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