Foreigners have shown growing interest in Vietnam’s real estate market, not just for living, but also for long term investment or relocation. The law does allow foreigners to buy an apartment in Vietnam, but the process is sometimes not straight forward.
There are ownership limits, project eligibility rules, and strict regulations about how an apartment can be used. Some projects may not be legally open to foreign buyers. Others have unclear ownership structures, which could create long delays or real estate disputes later.
In here, we discuss several issue, giving some hints on what to check, what to avoid, and how to protect your rights when you decide to buy an apartment in Vietnam
What Foreigners Can and Cannot Buy?
Under Vietnamese law, foreigners are allowed to buy an apartment in Vietnam in specific conditions. Ownership is permitted only in commercial housing projects approved by competent authorities.
Here are the main points every buyer should know:
- Foreign ownership limit: Only up to 30% of total units in any apartment building can be owned by foreigners. Once that quota is full, further purchases by foreigners are not allowed.
- Ownership duration: A foreign buyer receives ownership for 50 years, renewable upon request to the authorities.
- Property type restriction: Foreigners can own apartments, not land or individual houses (except under rare conditions).
- Eligibility of the project: Only projects approved for foreign ownership can sell to non Vietnamese buyers.
- Location restrictions: Projects near military or security areas cannot be sold to foreigners, even if approved for local buyers.
If you plan to buy, it is crucial to confirm the project’s eligibility before paying a deposit. This verification prevents unnecessary risk.
Legal Risks Commonly Faced by Foreign Buyers
Many foreign buyers assume that once a developer offers a unit, the transaction is automatically legal. Unfortunately, that’s not always true. Below are the most frequent risks observed in practice.
Project not legally approved for foreign ownership
Some developers market apartments to foreigners even though the project has not yet received permission to sell to foreign individuals. This can later lead to cancellation or loss of deposit.
Misleading ownership structure
When projects are not eligible for foreign ownership, some developers use long term rental contracts (often 50 years) as a substitute for a sale contract. Legally, this is not ownership, it is a lease. The buyer cannot register ownership or sell it later as property.
Incomplete legal documents
A developer may not have all the required certificates such as the investment registration certificate, construction permit, or land use right certificate. Without these, ownership registration can be delayed or denied.
Illegal use of apartments
Apartments in residential buildings can only be used for living. Turning them into offices or using them for short term online accommodation activities violates housing regulations. Such operations require separate business licenses, fire safety approvals, and tax declarations.
Payments through improper channels
Paying in foreign currency or to personal accounts instead of authorized developer accounts can cause regulatory and tax issues. All payments should go through licensed Vietnamese banks under the buyer’s name.
Step by Step Process When You Buy an Apartment in Vietnam
The buying process may look simple, but each step involves specific legal documents and careful review. Here is a general outline of what to expect.
Step 1: Clarify your purpose and ownership eligibility
Before you begin, decide whether your goal is to live, rent, or invest.
If your purpose involves generating income, make sure the building’s legal status allows leasing, especially for short term or serviced apartment style operations.
Ask the developer whether:
- The project is approved for foreign ownership;
- The foreign ownership quota is still available;
- The area is not in a restricted security zone.
This early check will save time and prevent potential legal conflicts.
Step 2: Verify the developer’s legal status
Request the developer’s official documents, including:
- Investment Registration Certificate (IRC) in case of foreign developer,
- Enterprise Registration Certificate
- Construction Permit and approved design drawings
- Land Use Right Certificate for the project land
- Authorization to sell apartments to foreigners
A reliable developer will have these documents ready and be transparent about their contents. If the developer hesitates or delays, that is a warning sign.
Step 3: Review the draft Sale and Purchase Agreement (SPA)
The SPA is the central document defining your ownership rights. It should be bilingual (Vietnamese and English) and include:
- Apartment details (size, floor, design, finishing)
- Total price and payment schedule
- Handover and warranty obligations
- Penalties for delay or breach
- Procedure for ownership registration (pink book issuance)
Always have the draft SPA reviewed by a qualified lawyer before signing. Small wording differences can significantly affect your rights, especially concerning refund conditions or penalties.
Step 4: Deposit and payment schedule
Most developers require a deposit (around 5–10% of the purchase price) to reserve a unit. The deposit agreement must clearly state:
- Payment purpose and amount;
- Refund conditions if the sale cannot proceed;
- Deadlines for signing the SPA.
For off plan projects, payments are typically divided into several stages tied to construction progress. You should:
- Pay only through official banking channels in Vietnam;
- Avoid paying to personal accounts or in foreign currency;
- Keep all receipts for later registration.
Step 5: Construction progress and handover
Before handover, inspect the apartment carefully:
- Check the walls, floor, water and electricity systems;
- Test all fixtures and ensure the finishing matches the contract;
- List any defects and ask the developer to fix them before signing the handover record.
The handover report should include the date, names of parties, and confirmation of apartment condition. Only sign after you are satisfied.
Step 6: Ownership certificate (Pink Book) registration
Once the apartment is handed over and payment is complete, the developer must support you in applying for the ownership certificate, commonly called the “Pink Book.”
This certificate, issued by the Department of Natural Resources and Environment, proves your ownership. It records:
- Your name and nationality;
- Apartment address and size;
- Ownership duration;
- Legal rights and obligations.
Foreign buyers should ask the developer for a clear timeline and written confirmation of when the pink book will be issued. In some cases, delay happens because the developer has not completed tax obligations or legal procedures.
Step 7: Compliance during ownership
Even after obtaining ownership, foreign buyers have ongoing obligations:
- Pay management fees and maintenance funds to the building management company;
- Declare and pay personal income tax on rental income, if leasing;
- Comply with fire safety and building rules;
- Renew ownership before the 50 year term expires.
Proper record keeping ensures smooth renewal, resale, or inheritance later.
Understanding Use Restrictions in More Detail
Residential apartments are governed by Vietnam’s Housing Law, which defines their use strictly for living purposes.
If an owner uses the apartment for short term stays through online accommodation platforms, this activity is considered a commercial use and subject to different licensing. It may require:
- Business registration under the tourism or lodging category;
- Fire safety and security approval;
- Tax registration and regular declarations.
Without these, authorities may impose administrative fines or request suspension. This is why buyers intending to lease should clarify the project’s intended use at the start. Some mixed use or serviced apartment developments are legally structured to permit such operations, but most residential condominiums are not.
Due Diligence Checklist for Foreign Buyers
Before you buy an apartment in Vietnam, undertake due diligence and check the following items carefully:
No. | Item to Verify | Why It Matters |
1 | Project eligibility for foreign ownership | Only approved projects can sell to foreigners |
2 | Developer’s IRC, construction permit, and land use certificate | Confirms the project’s legal existence |
3 | Foreign ownership quota remaining | Ensures your unit can be registered |
4 | Draft SPA reviewed in both languages | Prevents contract disputes |
5 | Deposit and payment method via official bank | Ensures transaction legality |
6 | Handover inspection checklist | Protects your rights on defects |
7 | Pink book issuance timeline | Confirms ownership security |
8 | Restrictions on use (living vs leasing) | Avoids administrative penalties |
Completing this checklist reduces exposure to hidden legal problems and helps ensure that your purchase proceeds smoothly.
Common Questions About Buying Apartments in Vietnam
Q1. Can foreigners really own apartments in Vietnam?
Yes. Foreigners may buy an apartment in Vietnam in approved projects, within the 30% ownership limit of a building.
Q2. How long is ownership valid?
Usually 50 years, renewable upon request to the authorities. The renewal is generally straightforward if you continue to meet eligibility requirements.
Q3. Can I buy multiple apartments?
Yes, provided that total ownership by foreigners in the building does not exceed the legal limit.
Q4. Can I lease my apartment?
You can lease it on a long term basis and pay income tax on the rent. Short term online leasing is considered a business activity and may need additional licensing.
Q5. Can I sell the apartment before the 50 year term expires?
Yes, you can transfer ownership to another eligible buyer. The buyer’s ownership period will continue for the remaining years of the original term.
Q6. What taxes apply when buying or selling?
Buyers pay registration and notary fees. Sellers pay a 2% transfer tax on the sale price. Rental income is also taxable.
Q7. What is the difference between a sale contract and a 50 year lease contract?
A sale contract grants ownership registered with a pink book. A 50 year lease gives only usage rights for the duration of the lease and cannot be transferred as ownership.
Q8. Can I finance my purchase through a local bank?
Some banks offer limited financing for foreigners with long term visas or local income. However, most foreign buyers purchase with cash or funds transferred from abroad.
Q9. What happens if the developer delays handover or pink book issuance?
The SPA usually provides for penalties or compensation. You can enforce the terms through negotiation or, in serious cases, legal proceedings.
Q10. Can I inherit or transfer my apartment to my family?
Yes, inheritance by eligible heirs is allowed. If the heir is a foreigner, they must also meet eligibility conditions or sell the property.
Key Legal Advice to Protect Your Rights
- Engage a local lawyer to verify all documents before signing.
- Confirm project eligibility for foreign buyers and check foreign ownership quota.
- Ensure contracts are bilingual and notarized.
- Pay only via legal banking channels and keep receipts.
- Avoid “early sale” or “deposit” offers when the project is not fully licensed.
- Respect use restrictions, residential apartments cannot be used as offices or for short term rentals without proper registration.
- Keep communication written with the developer and agent to prevent disputes.
- Monitor ownership renewal before expiry.
- Declare taxes properly to maintain compliance.
- Consult professionals early if you face delays or unclear terms.
Conclusion
Buying property in a foreign country always involves more than signing a contract. In Vietnam, the key challenge is understanding what you can legally own and how to maintain that ownership safely.
When you plan to buy an apartment in Vietnam, focus on the legal foundation rather than marketing promises. Ensure the project is eligible for foreign ownership, verify documents, and make payments only after clear approval.
With careful preparation and accurate information, foreign buyers can navigate Vietnam’s legal system confidently and avoid unnecessary risks. The process requires patience and attention to detail, but the reward is secure ownership in compliance with local law.
About ANT Lawyers, a Law Firm in Vietnam
We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.
Source: https://antlawyers.vn/library/7-steps-buy-an-apartment-in-vietnam.html
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