THE MINISTRY OF CONSTRUCTION
Official Dispatch No. 1674/BXD-QLN dated August 12, 2013 of the Ministry of Construction guiding the implementation of policies and the Law on housing, residential land in Vietnam for Vietnamese residing in foreign countries
Respectfully to: People’s Committees of provinces and central-affiliated cities
On June 18, 2009, the National Assembly promulgated the Law No. 34/2009/QH12 on amending and supplementing Article 126 of the Housing Law and Article 121 of the Land Law, prescribing the ownership of housing in Vietnam of the Vietnamese residing in foreign countries. In order to guide implementation of this Law, on June 23, 2010, the Government promulgated the Decree No. 71/2010/ND-CP detailing and guiding implementation of the Housing Law and the Ministry of Construction also promulgated the Circular No. 16/2010/TT-BXD, dated September 01, 2010, on guiding implementation of the Decree No. 71/2010/ND-CP, in which there are specific guides on the ownership of houses in Vietnam of the Vietnamese residing in foreign countries.
In the past time, almost localities have carried out the good implementation of policies and law on ownership of houses in Vietnam of the Vietnamese residing in foreign countries, facilitate for purchase and doing procedures for grant of certificate of land use right, ownership of other assets attached to land for overseas Vietnamese. However, through the recent Conference on summing up implementation of the Housing Law and at the proposal of the Ministry of Foreign Affairs, as well as reflects of many overseas Vietnamese when come back to Vietnam for purchase of house, it is considered that in some localities, when perform procedures for notarization and grant of certificate of land use right and ownership of houses and other assets attached to land for overseas Vietnamese, because there are still the understanding and implementation not unified and improper with provisions on the Law No. 34/2009/QH12, Decree No. 71/2010/ND-CP and Circular No. 16/2010/TT-BXD, agencies have cause many difficulties for the oversea Vietnamese when come back to Vietnam for purchase and owning of houses.
