Письмо Министерства о недвижимости во Вьетнаме

MINISTRY OF CONSTRUCTION No. 167/BXD-QLN ref: responding to Letter No. 238/2019/CV/VNT issued by Nha Trang Bay Investment and Construction Joint Stock Company SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness Hanoi, July 19th, 2019 Attn: Nha Trang Bay Investment and Construction Joint Stock Company The Ministry of Construction received Letter No. 238/2019/CV/VNT dated June 16th, 2019 issued by Nha Trang Bay Investment and Construction Joint Stock Company asking for the ministry’s opinion on tourist real estate ownership of foreign organizations/individuals and Vietnamese people who resides in foreign countries. After researching, we would like to give your company our opinion as follows: 1. Under Article 1 of Law on Tourism 2017, “tourism resources, tourism product development and tourism activities; rights and obligations of tourists, organizations and individuals doing tourism business, other organizations and individuals and local communities related to tourism activities; state management of tourism” are subject to the scope of Law on Tourism; under Clause 12 Article 3 of Law on Tourism 2017: “tourist accommodation establishment” means an establishment which provides accommodation services for tourists; under Article 48 of Law on Tourism 2017, tourist villas and tourist apartments are two categories of tourist accommodation establishments. Under Clause 1 Article 3 of Law on Housing 2014: Housing means any building in which households or individuals live. In conclusion, according to the above-mentioned legal regulations, tourist villas and tourist apartment are tourist accomodation establishments under Law on Tourism i.e. not housing. Therefore, they are not subject to the scope of law on housing. 2. In regard of Vietnamese people residing in foreign countries, foreign organizations/individuals desiring to purchase housing and construction works in Vietnam. Clause 2 Article 14 of Law on Real estate business 2014 only specifies that: “Overseas Vietnamese or foreign entities may rent real estate for use; may purchase, rent, lease purchase houses as prescribed in laws on housing. Overseas Vietnamese or foreigninvested companies may purchase, lease purchase buildings for use for offices or business facilities according to their proper utilities”. Under Clause 4 Article 4 Law on Real estate business 2014: “Any organization or individual is entitled to conduct real estate trading in the area beyond national defense and security protection zone according to land-use planning approved by competent agencies”. There is no specific regulations on foreign individuals being permitted to purchase housing, construction works that is not housing; the law only provides that overseas Vietnamese or foreign entities may rent real estate for use; may purchase, rent, lease purchase houses as prescribed in laws on housing. Overseas Vietnamese or foreign- Page 2|2 invested companies may purchase, lease purchase buildings for use for offices or business facilities according to their proper utilities. Above is the Ministry of Construction’s repsonse to letter No. 238/2019/CV-VNT dated June 16th, 2019 issued by Nha Trang Bay Investment and Construction Joint Stock Company for your company research and execution./. Recipients: - As above-mentioned; - Deputy minister Nguyen Van Sinh (for report); - Archived (03). P.P MINISTER DIRECTOR OF HOUSING AND REAL ESTATE MARKET MANAGEMENT AGENCY