She sent a question to VnExpress asking whether she can have a pink book, the certificate of house ownership and land use rights, issued under her name, or whether she would need another person to hold the title on her behalf.
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Real estate in Thu Thiem area in eastern Ho Chi Minh City, in 2024. Photo by VnExpress/Quynh Tran |
Master of Laws Nguyen Truc Anh responded:
According to Clause 3, Article 3 of the 2008 Law on Vietnamese Nationality, overseas Vietnamese include Vietnamese citizens and people of Vietnamese origin who reside and live long-term abroad.
Under Clause 4, Article 3 of the same law, a person of Vietnamese origin residing overseas refers to someone who previously held Vietnamese nationality, whose nationality at birth was determined based on bloodline, as well as their children and grandchildren living long-term overseas.
According to Point b, Clause 2, Article 8 of the 2023 Housing Law, overseas Vietnamese who are permitted to enter Vietnam are allowed to own housing associated with residential land use rights in accordance with land regulations.
Based on these provisions, an overseas Vietnamese person who no longer holds Vietnamese nationality but previously had Vietnamese nationality is still considered a person of Vietnamese origin and is therefore entitled to own housing attached to residential land use rights in Vietnam.
If Ngan is permitted to enter Vietnam, she may purchase an apartment in Ho Chi Minh City and have her name listed on the pink book.
Ngan should also note the documentation required to prove eligibility for housing ownership in Vietnam.
According to Point b, Clause 2, Article 3 of Decree 95/2024/ND-CP, a person of Vietnamese origin residing overseas must possess a valid foreign passport or internationally recognized travel document, along with documents proving Vietnamese origin in accordance with nationality laws.
In addition, under Point c, Clause 3, Article 3 of the same decree, the individual must have a valid passport bearing an entry stamp into Vietnam or an international travel document together with proof of lawful entry into Vietnam at the time of signing the housing transaction.
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