9th Floor Diamond Plaza Building, 34 Le Duan, Sai Gon Ward, Ho Chi Minh City
info@bkclaw.vn
0901 333 341
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Vietnam’s real estate market has always been an attractive destination for international investors. However, the legal framework for foreigners buying real estate in Vietnam entails strict regulations to safeguard national security. With the comprehensive amendments to the 2023 Housing Law, the 2024 Land Law, and the 2023 Law on Real Estate Business (now officially in effect), the regulations on foreign homeownership in 2026 have seen significant updates.
This article provides a detailed synthesis of the latest conditions, rights, restrictions, and legal bases for foreigners to legally and safely acquire real estate in Vietnam.
Vietnamese law permits foreign organizations and individuals to own housing in Vietnam; however, this right is subject to specific conditions and limits, unlike domestic citizens.
Legal Basis: Based on Article 17 of the 2023 Housing Law (No. 27/2023/QH15), foreign entities eligible to own housing in Vietnam include:
Foreign-invested economic organizations investing in housing construction projects in Vietnam.
Foreign-invested enterprises, branches, and representative offices of foreign enterprises, foreign investment funds, and branches of foreign banks operating in Vietnam.
Foreign individuals permitted to enter Vietnam.
Not every foreigner can purchase a home. To be named on the Certificate of House Ownership (commonly known as the Pink Book), a foreign individual must meet the following conditions:
Entry requirements: Must be permitted to enter Vietnam (possess a valid passport with an entry verification stamp from Vietnam’s immigration authority).
Diplomatic immunity: Must not fall under the categories entitled to diplomatic or consular privileges and immunities under the law.
Legal Basis: Clause 3, Article 19 of the 2023 Housing Law.
This is a major barrier that foreign investors must note. Foreigners are not allowed to buy land plots (cannot receive land use rights transfers) or individual houses in spontaneous residential areas.
They are only permitted to buy, rent-purchase, receive as a gift, inherit, and own the following property types:
Apartments within commercial housing construction projects.
Individual houses (villas, townhouses) within commercial housing construction projects.
Important Note: The property must be located in areas that are NOT designated as critical for national defense and security, as prescribed by the Ministry of National Defense and the Ministry of Public Security.
Legal Basis: Clause 2, Article 17 and Clause 1, Article 18 of the 2023 Housing Law.
To prevent market monopolization, the law strictly regulates the ownership quota (“room”) for foreigners in each project:
For apartments: Foreign organizations and individuals can own a maximum of 30% of the total number of apartments in an apartment building (including mixed-use apartment buildings).
For individual houses: Within an area with a population equivalent to a ward-level administrative unit, foreigners can own no more than 250 houses (villas, townhouses).
Legal Basis: Article 19 of the 2023 Housing Law and guiding Decrees.
Unlike Vietnamese citizens who enjoy long-term homeownership, foreign individuals have a limited tenure:
The maximum duration is 50 years from the issuance date of the Certificate (Pink Book).
Extension: Prior to expiration, if desired, foreigners may apply for a one-time extension of up to 50 years (unless they are expelled from Vietnam).
Marriage to a Vietnamese citizen: If a foreign individual marries a Vietnamese citizen or an Overseas Vietnamese, they will be granted long-term homeownership with rights equivalent to domestic citizens.
Legal Basis: Point c, Clause 2, Article 19 of the 2023 Housing Law.
2026 marks the widespread application of revolutionary changes from the 2024 Land Law (No. 31/2024/QH15) and the 2023 Housing Law. A major highlight is the expansion of rights for Overseas Vietnamese.
Under the current legal framework applicable in 2026, Overseas Vietnamese (including those who still hold Vietnamese citizenship and those of Vietnamese origin without citizenship) are allowed to:
Receive transfers of residential land use rights (buying land plots, street-front houses outside of projects) similarly to domestic Vietnamese citizens.
Directly participate in real estate transactions and real estate business much more easily compared to pure foreign individuals.
This presents a significant opportunity to attract remittances and return investments from the Vietnamese diaspora.
Legal Basis: Article 4 and Article 28 of the 2024 Land Law.
The property purchasing process generally involves the following steps:
Project inspection: Verify whether the project is on the list of areas restricted from foreign ownership due to national defense and security factors. Check if the foreign ownership quota (room) for the project is exhausted.
Signing the deposit agreement: Agree on initial terms with the developer.
Signing the Sale and Purchase Agreement (SPA): The contract must comply with the standard form prescribed by the 2023 Law on Real Estate Business. All payments must typically be processed through a bank account opened at a credit institution in Vietnam.
Handover and Certificate (Pink Book) issuance: The developer is responsible for carrying out the procedures to request the State agency to issue the Certificate to the foreign buyer.
BKC Law’s consulting services on real estate acquisition and ownership procedures for foreigners in Vietnam provide a safe and comprehensive solution for individuals and international investors. We assist clients from verifying the project’s legal status, checking the ownership quota (room), and rigorously reviewing the Sale and Purchase Agreement, to executing the full-package procedures for obtaining the Certificate of Ownership (Pink Book) and tax declaration.
With a team of lawyers possessing deep expertise in the latest Land Law and Housing Law, years of practical experience, and excellent bilingual consulting skills, BKC LAW confidently stands as your most reliable legal partner. We are committed to accompanying you to ensure every transaction is swift, accurate, legal, and maximally protected against legal risks.
For free legal consultation and detailed case assessment at BKC Law, please contact our team of Lawyers via the following channels:
Phone: 0901 3333 41
Email: info@bkclaw.vn
District 1 Office: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, Saigon Ward, Ho Chi Minh City
Binh Tan Office: 41 Ten Lua Street, An Lac Ward, Ho Chi Minh City
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41 Ten Lua Street, An Lac Ward, Ho Chi Minh City
info@bkclaw.vn
0909 073 692
9th Floor, Diamond Plaza 34 Le Duan Street, Saigon Ward, Ho Chi Minh City
info@bkclaw.vn
0909 073 692