Can Foreigners Buy and Own Property in Vietnam? Conditions, Caps and Ownership Term under the 2023 Housing Law

“Can a foreigner buy and own a house in Vietnam?” is one of the most common questions among foreign investors, expatriates and overseas Vietnamese. The 2023 Law on Housing (Law No. 27/2023/QH15), in force from 1 August 2024, sets out a clearer framework on eligible owners, conditions, ownership caps and the term of ownership. The following analysis, prepared by the lawyers of HTIC Law Firm, explains these rules and the practical points foreign buyers should keep in mind.

Mục 01The legal framework governing foreign ownership of housing

Foreign ownership of housing in Vietnam is governed principally by Articles 17 to 20 of the 2023 Law on Housing, read together with the 2024 Land Law (Law No. 31/2024/QH15) and the 2023 Law on Real Estate Business (Law No. 29/2023/QH15). Importantly, foreign owners hold the right of house ownership; the underlying land is held under Vietnam’s land regime, which differs from land-ownership concepts in many other jurisdictions. Understanding this distinction is essential before entering into any transaction.

Mục 02Who may own housing in Vietnam? (Article 17)

Under Article 17, the entities entitled to own housing in Vietnam include foreign organisations and individuals carrying out housing-construction investment projects in Vietnam; foreign-invested enterprises, branches and representative offices of foreign enterprises, foreign investment funds and branches of foreign banks operating in Vietnam; and foreign individuals who are permitted to enter Vietnam. These owners may acquire housing by investing in housing-construction projects, or by purchasing, leasing-to-own, receiving as a gift or inheriting commercial housing (apartments and individual houses) within housing projects in areas where foreign ownership is permitted.

Mục 03Conditions for recognition of ownership (Article 18)

Article 18 imposes eligibility conditions. A foreign individual must be lawfully permitted to enter Vietnam and must not be entitled to diplomatic or consular privileges and immunities. Foreign organisations must hold a valid investment registration certificate or an equivalent document evidencing their lawful operation in Vietnam at the time of acquiring the housing. Meeting these conditions is a prerequisite for the certificate of ownership to be issued.

Mục 04Ownership caps: 30% of apartments and 250 landed houses (Article 19)

To balance foreign demand with social-housing and security considerations, Article 19 caps the volume of foreign ownership. Foreign organisations and individuals may own no more than 30% of the total apartments in a single apartment building. For individual (landed) houses such as villas and townhouses, foreign ownership is limited to no more than 250 houses in an area with a population equivalent to a ward (approximately 10,000 people). Where demand exceeds these caps, ownership is resolved in order of registration, and any acquisition beyond the cap will not be recognised — a key risk that buyers must verify before signing.

Mục 05The 50-year ownership term and the rights of foreign owners (Article 20)

For a foreign individual, the term of house ownership must not exceed 50 years from the date stated in the certificate, and may be extended once in accordance with the law. By way of important exception, a foreign individual who is married to a Vietnamese citizen, or to an overseas Vietnamese, is entitled to stable and long-term ownership on the same footing as a Vietnamese citizen. Within the term, foreign owners enjoy the rights of a homeowner, although certain rights are exercised within the limits applicable to foreign owners under the law.

Mục 06Restricted areas and common legal risks

Foreign ownership is not permitted in areas designated for national defence and security protection. In practice, the most frequent risks arise not from the headline rules but from the details: a project that has reached the 30% foreign-ownership cap; a property located in a restricted zone; or a developer that is not legally eligible to sell to foreign buyers. Each of these can result in the certificate of ownership being refused even after payment, which is why independent verification before committing funds is indispensable.

Mục 07A lawyer’s perspective: strategy for foreign investors and buyers

Before signing, a foreign buyer should obtain written confirmation that the project is within an area open to foreign ownership and has not exceeded the statutory cap, verify the developer’s legal eligibility to sell, and ensure that the sale-and-purchase contract and payment schedule comply with the 2023 Law on Real Estate Business. For investors seeking long-term certainty, structuring the acquisition correctly from the outset — including the choice between individual ownership, ownership through a Vietnamese-invested entity, or the marriage-based exception where applicable — can make a decisive difference. HTIC Law Firm advises clients on each of these pathways. See also our overview of services: Real estate legal advisory.

Mục 08Frequently asked questions

Can a foreigner own a landed house (villa/townhouse) in Vietnam?

Yes, within commercial housing projects and subject to the cap of no more than 250 houses in an area equivalent to a ward, provided the area is not restricted for national defence or security.

What happens to the property after the 50-year term ends?

The ownership term may be extended once under the law. A foreign individual married to a Vietnamese citizen is entitled to stable, long-term ownership comparable to a Vietnamese citizen.

Can a foreigner buy a house directly from an individual seller (outside a project)?

Generally no. Foreign ownership is channelled through commercial housing within approved projects in permitted areas, not free-market transactions with individuals.

Mục 09Contact HTIC Law Firm

HTIC Law Firm assists foreign individuals and organisations in verifying eligibility, reviewing sale-and-purchase contracts and securing certificates of ownership. Fixed fees quoted per matter — please contact Hotline +84 379 044 299 or email ls.tqhung@gmail.com.