Foreign Property Ownership: What You Need to Know

Foreigners who are living in Vietnam may purchase houses for the expressed purpose of dwelling in it. By Vietnamese law, land is a national good, so you can only own the structure built on a property, not the land that it is on. You can enjoy a “land use right” for up to 50 years. This duration can be renewed. Also note that if you’re married to a Vietnamese citizen or a Việt kiều, you will have the same ownership rights as Vietnamese citizens.

Seek professional advice to ensure that all steps are properly taken to ensure a troublefree property transfer.

Alternatively, according to Vietnam’s Housing Law, every foreigner who has a Vietnamese visa stamp on their passport can buy a property in Vietnam. However, if you enjoy diplomatic or consular immunities and privileges, this does not apply.

Besides individuals, foreign companies, branches, representative offices of foreign companies, foreign investment funds and branches of foreign banks that are operating in Vietnam are also entitled to purchase property of residential projects.

A serviced apartment in Diamond Island Luxury Residences

What are the limits of foreigners’ rights on residential property in Vietnam?

The law states that foreign individuals and entities may only buy, receive or inherit apartments and houses in commercial projects and not in areas that limit or ban foreigners.

Although the limit of one property per foreigner has been repelled, the new Housing Law sets a limit on the proportion of foreigners who may live in a determined area: the total number of units owned by all foreign buyers must not exceed 30% of the units in one apartment building, or 250 landed property units in one ward.

The duration of the tenure is supposed to be equal to the land use right owned by the developer, most likely 50 years, with an option to extend the land use right at the end of it. The exact conditions for the extension are still unclear and will be detailed in further regulations.

Crescent Residences in D7, HCMC

An expatriate may lease his/her property for any purpose that is not banned by law, but he/she must inform the provincial house management agency before leasing the property. In this case, he/she is subject to Vietnam’s property taxes. If you are an overseas Vietnamese or if you are married to a Vietnamese citizen, you are entitled to a freehold tenure on the property.

If you bought it, you could of course decide to live in the house but also lease it or pass it through inheritance to someone else without any difficulties. To lease it, you will need an administrative authorisation from the Housing Department of the People’s Committee where your property is located.

Can foreign-invested enterprises purchase residential properties in Vietnam?

Foreign-invested enterprises that operate in Vietnam under the investment law but are not engaged in real estate, can purchase residential houses for their employees. They must possess investment certificates or written certifications of investment activities as appropriate to investment forms specified by the investment law granted by a competent Vietnamese state agency. They can buy properties to house their employees, but are not able to use them for leasing or other purposes.

Housing in Ho Chi Minh City. Photo: GettyImage

What are the steps to purchase a house in Vietnam?

1. Once you have chosen the property, you will have to sign a reservation agreement.

This legally links the buyer and seller and may include paying a deposit to the seller. Examine closely the reservation agreement before paying the deposit. It prescribes that if the buyer changes his mind, he will lose the deposit, and if the seller changes his mind, he will have to pay twice. You’re well advised to notarise this document to protect your interest.

2. Due diligence is the next step.

You will check the reliability of the seller by examining their ID or registration certificate along with the property’s certificates (for example the ownership certificate). You should also ask for a bank guarantee or insurance to ensure the seller is trustworthy.

3. Once due diligence has been satisfied by both parties, they confirm their engagement and interest by signing the housing contract.

An annex related to facilities that go with the apartment is advised. Make sure the agreement is signed by all related parties and if not, then by the representative who is mandated by the related persons. The contract on residential house purchase and sale must be in Vietnamese, so you will need a Vietnamese translator to help examine its content. Although many developers provide a bilingual version of the contract for a better understanding by all parties involved, only the Vietnamese version is valid under Vietnamese regulations. To help you with the complications involved with the contract, we list some details to look for before signing:

- Is it stated that the seller has the ownership certificate of the apartment and does he give a guarantee over this ownership?
- Is the apartment also a security for a loan?
- What are the responsibilities of the seller in case of dispute over the apartment ownership due to his fault?
- Methods used for payment?
- What are the responsibilities for tax and fees?
- What is the delivery time?

4. Paying taxes and fees.

Normally, if there is no other agreement between parties, the buyer pays the registration fee and the seller pays income tax. The payment shall be made at the tax department of the district where the house is located.

5. The last step is to apply for an ownership certificate.

Both parties can agree on how to handle issuance of the new certificate, although it is most likely that a buyer will have to take it up.

• Create a concept; mood and function first

• Planning a project at KAZE Interior Design Studio, District 2

• How to Create Comfort in KAZE Interior Design Studio’s Projects

• The Finished Interior Design Project

Creating an Interior Design Concept in Vietnam

What do you want to feel when you walk into a top hotel? This is one of the first questions that the team at KAZE Interior Design Studio asks themselves when they start creating interior design and architectural concept for a new project. Is the hotel meant to create a mood of bespoke luxury or minimal tranquility? Who are the expected guests and how will the lighting, furnishings, flooring and colour scheme transport them?

A hotel is, after all, part of a journey, a place to get away, whether for business or pleasure. A good interior design studio creates that journey from the first sketch to the moment that the final piece of artwork is placed on the wall.

KAZE Interior Design Studio in Ho Chi Minh City is the leader in luxury interior design in Vietnam and Cambodia. In addition to a broad design portfolio including residential, food and beverage establishments, and office spaces, the studio has taken on massive hospitality projects, which have brought numerous awards to the studio. Vinpearl Resort & Spa Long Beach in Nha Trang, Renaissance Riverside Hotel in Saigon and Courtyard by Marriott Phnom Penh are a few notable names on a list of more than 100 projects.

Fong-Chan Paw Zeuthen, Founder of KAZE Interior Design Studio, was brought up and educated in Denmark where, she explained, the design approach is very different to that of Vietnam. For a hotel designed for a Vietnamese market, she said that she would avoid using too minimalistic of an approach because the clientele would feel like something was missing. Instead, she tries to give finished projects a Vietnamese flair that local clientele will also enjoy.

First Steps in the Design Process at KAZE Interior Design Studio in HCMC

The Client Brief

Fong-Chan explains that with her years of experience she has come to quickly understand her clients psychologically and often knows what they want more than they do. She will offer recommendations on how the concept can be improved after receiving the brief. Fong-Chan will then return to the KAZE headquarters where the whole team will sit around the large table in the meeting room and discuss how to implement the project, always focusing on a “function first” approach. This approach means that aesthetics are only considered once space’s use is decided upon.

The Planning Process

This is when the ideas go from the brainstorming phase to reality. The office becomes a hive of energy as project designers sketch plans and junior designers figure out how to create the right ambiance. Fong-Chan explains that her team is passionate about what they do and that’s why KAZE is a success. “Being a good designer comes from inside, you put your heart and soul into things you care about”, she reiterates.

Fong-Chan states there are four parts to every project, the statement of purpose, layout, ambiance, and storyboard. When executed correctly, interior design can make people feel a certain way. For example, the purpose of a reception area in a hotel is to welcome guests and so the way furniture is positioned, the brightness of lights and even the scent (which are often created specifically for the brand) create an ambiance of warmth, comfort and relaxation.

3D renderings are essential for each project. They need to be self-explanatory and easy to understand. However, they can be difficult to get right due to the level of precision needed. It can be hard even for good designers to see things in 3D. A designer needs to be able to describe what the space will look like down to the tiniest detail, like where a coat hook will go. This helps to create a full picture of how everything will be pieced together. The 3D renderings are literally the map that will be used to build the project; therefore, nothing should go into the rendering that cannot be created in reality.

How to Create Comfort and Beauty; The Vietnam Hotel Design Challenge

Every designer has a different way to approach a design. Fong-Chan tries to use a modern holistic approach when she designs any space. This is especially important when it comes to a project like a hotel where the success of the project is tied directly to how guests feel when they are within the space. Her design projects focus on what makes people feel good, using psychological experiences rather than just aesthetics.

Designers need to work out the proportions of the room as well as what will be in it so that when it is built an individual can walk around a room without bumping into anything. The team also research how people will interact with the space, ensuring it is ergonomically friendly in every detail. For example, if a guest wants to flick on the lights, where should the light switch be? If it is at the right height and in an intuitive location then the designer can choose a subtle design so that the switch doesn’t ruin the aesthetic of the wall design. If the switch is too hidden and in the wrong place, guests won’t care about the beauty of the design, they will be too caught up in their feelings of frustration. Some designers get so caught up in their vision that they create functionality problems that will end up marring the hotel’s TripAdvisor page with bad reviews based around comfort, soundproofing, and the user experience.

KAZE interior design studio puts a lot of love and care into the materials they use. The way Fong-Chan describes her process is akin to that of a chef creating their favorite dish. She becomes excited when speaking about why wood is used in one instance, but plastic is used in another and the different finishes that are available for each material. It is important for Fong-Chan to use local materials because construction workers know how to work with them and look after them properly. This also helps the project’s sustainability as expensive materials don’t need to be imported.

Completing a Hotel Interior Design Project in Vietnam

Fong-Chan explains that KAZE only works with people they know and trust. From construction workers to cleaners “when people have a good relationship with each other they will go the extra mile.” This is important because the biggest hurdle to completing an interior design project is to meet final deadlines.

During the construction process, KAZE interior design studio office often goes into a frenzy of activity, with project plans and Gantt (production timeline) charts being thrown into the bin and new ones being created. Sometimes, Fong-Chan admits, the end of a project can feel like an unattainable dream. However, when the hotel or resort is finally finished and Fong-Chan walks through the completed space with the client, she always feels a sense of pride at what the team at KAZE Interior Design Studio has achieved.

Image source: KAZE Interior Design Studio

For developers, much attention falls on one particular sector: District 9, a 114 k2 block of land which lies on top of District 2. Many reasons draw their attention to this uprising section: the land is cheap, the parcels are large and as of now, not much of it has been seriously developed.

Although land development stopped in this space during the global financial crisis of 2007 and 2008, recently builders have seen a major upswing in market interest for district 9. Troy Griffiths, the Deputy Managing Director for Savills Vietnam, explains the area’s current situation. “To be honest,” he admitted, “I think that District 9 is starting to run out of these large available parcels of land.”

If you look at a map of Ho Chi Minh City, you’ll notice something striking: the districts in the centre of the map, like Districts 1, 3 and 4, are smaller than the outlying districts, like Districts 9, 12 and Binh Tan.

This development is normal, and follows established historical patterns seen in other cities, like Paris and London. When transportation was limited, districts needed to be smaller. Now that we have motorbikes, cars and a metro on the way, larger spaces can be carved onto the map; and it’s these larger spaces that are catching the eye of developers and real estate consultants not only across the country, but also across the world.

Expansion Plans

Griffiths shares his view on this development strategy. “It’s the pattern of the city’s development,” he said. “There are nodes with density that have grown and then become filled and occupied so that developers are now having to look for cheaper land. And this pushes them further and further away from those established nodes.”

And who’s taking advantage of it? “Everyone,” Griffith asserted. “You’ve got the local developers and then you’ve got your internationals, your Keppels and your CapitaLands.”

Land Grab

The parcels of land might be sold with ease, but that doesn’t mean that District 9 will be the new District 1 in a year’s time. The Vinh Tran, an employee at the Ministry of Construction, recently reported that although the government has a large stock of land in District 9, that is the way it will stay in the foreseeable future.

Rather than developing the stock, the city municipal department, along with other companies who have invested in District 9’s land plots, prefers to bide its time for the moment, focusing on other projects closer into the city. One big reason for this seems to be transportational issues. The construction of the metro is a big topic in Ho Chi Minh City at the moment, and even now, years before the metro will be finished, it’s affecting real estate prices.

As VietnamNet reported, 37 percent of apartment units for sale are along the Metro Line No.1, which connects Ben Thanh Market to Suoi Tien Park in District 9. When you add the metro to the recently completed Ho Chi Minh City-Long Thanh-Dau Giay highway system, a 55-kilometre-long road that connects District 9 to District 2 and Dong Nai, it’s clear that developers see big plans for this district.

Image source: zing.vn

District 9’s Top New Projects

Condos

Name: Sun Tower; Developer: N.H.O. Khang Viet; Year of Completion: 2018; Units: 379; Price: US$650 per square metre.

Name: Him Lam Phu An; Developer: Him Lam Land; Year of Completion: 2017; Units: 1,092; Price: US$900 per square metre.

Villas and Townhouses

Name: Lucasta; Developer: Khang Dien; Year of Completion: 2019; Units: 140; Price: US$800 per square metre.

Are you a foreign investor and want to know about real estate laws in HCMC? Confused by the new Property Law? Indochina Legal clears up the confusion:

One of the most notable changes introduced by Vietnam’s new 2014 property law and its regulations is the revision of the right for overseas Vietnamese, foreign individuals and organisations to own residential houses, as follows:

Overseas Vietnamese (or Viet Kieus) can now own residential houses in the same way as Vietnamese citizens without further residency requirements or any limitations on the type or quantity of houses, or the terms of ownership. They must hold a valid passport with an entry verification stamp marked by the Vietnamese Immigration Department (VID) and a document evidencing their Vietnamese origin.

Foreign individuals have the right to own residential houses, subject to certain restrictions as compared to Vietnamese citizens and Viet Kieus. In order to own houses, a foreigner is required to have a valid passport with an entry verification stamp marked by the VID and cannot fall under diplomatic or consulate preferences and immunities. Requirements of residency, investment in Vietnam, work permit, social contribution and/or marriage to a local Vietnamese is not necessary for residential housing ownership. However, as to ownership duration, foreigners married to Vietnamese citizens or to Viet Kieus are entitled to an indefinite term, whereas foreigners who are not can only own residential housing for a period of 50 years. This can be extended for another 50 years, subject to approval by the provincial People’s Committee where the house is located. Unlike other foreigners, those who are married to Vietnamese citizens are also exempt from notifying the housing administration authority at the district level prior to leasing their houses to others. Apart from that, the new legal framework grants foreigners the same rights of Vietnamese in the cases of subleases, mortgages, etc. of residential housing.

Foreign organisations are allowed to own houses provided that (i) ownership term shall not exceed the period stated in their investment certificates issued by Vietnamese competent authorities, including any extensions; (ii) use of the houses is for residential purposes only, for their personnel; and (iii) lease-out of the houses is not permitted.

It is worth noting that foreign organisations and individuals shall not collectively own more than 30% of the total number of apartments in an apartment building or not more than 250 separate houses in an area where population is equivalent to that of a ward. In addition, house ownership beyond real estate projects (e.g. a villa built by individuals) is not allowed. For national defense and public security purposes, foreign individuals and organisations cannot own houses in certain areas. With respect to these limitations, the local Department of Construction will publish on their official website the projects where foreigners cannot own houses, detailed numbers of apartments or separate houses eligible for foreign ownership, and the number of houses where foreign ownership has been recorded. To our understanding, the database is not yet completely developed for all cities and provinces in Vietnam. Meanwhile, payment for purchase or lease of residential houses shall be made via credit institutions operated in Vietnam. So far there has been no specific instruction on foreign exchange control for relevant inbound and outbound foreign funding of residential housing.

Despite certain remaining limitations, the NHL has provided a more open approach to ownership of residential housing for foreigners. The hope is that these changes will ultimately defreeze the real estate market and create a new wave of foreign investment in Vietnam.

Website: www.indochinalegal.com

The First International Brand to Open an Airport Hotel in Ho Chi Minh City

HO CHI MINH CITY, Vietnam — With an electrifying event, ibis Saigon Airport, AccorHotels’ brand-new hotel sitting right next to Ho Chi Minh City’s Tan Son Nhat International Airport, celebrated its grand opening on 24 March 2017. Ibis Saigon Airport is the latest addition to AccorHotels’ vast hospitality network in Vietnam.

Over a hundred guests, including Ho Chi Minh City officials, representatives from AccorHotels and the hotel’s owner company Hado Group attended the event, which paid tribute to ibis Saigon Airport with an opulent buffet, contemporary dance performances and a rooftop party.

“A Milestone for the ibis Brand”

The ibis Saigon Airport’s major asset is its strategic position: a mere 500 metres from Tan Son Nhat International Airport, the gateway to Ho Chi Minh City and all of Vietnam. Xavier Cappelut, Accor’s regional Director of Operations for Middle Scale & Economic Brand Hotels, praised the hotel as “a significant milestone for the ibis brand” thanks to its one-of-a-kind location.

Ibis Saigon Airport is a haven of hospitality tailored to corporate travellers and all those looking for “Value for Money”. With its functional and stylish travel-themed design and an outstanding 24-hour food and beverage service at the in-house Oopen restaurant, this hotel truly honours ibis’ slogan, “Well-being at the best price”.

As the first international airport hotel in Ho Chi Minh City, ibis Saigon Airport goes beyond the usual amenities of the economy sector. Its room typology – standard rooms, family rooms, studios, as well as one and two-bedroom apartments – is unrivalled in the budget segment, catering to the individual needs of each and every guest, from corporate clients to travelling families, from short-stay to long-stay visitors.

INTERVIEW WITH ORESTE TRAETTO, GENERAL MANAGER, IBIS SAIGON AIRPORT

Question: What makes ibis Saigon Airport the first choice for business travellers in Ho Chi Minh City?

Mr. Traetto: Our hotel is strategically tailored to business travellers. Our Oopen restaurant is open 24 hours and we are the only international hotel chain offering a breakfast service from 4 o’clock in the morning until 12 o’clock [in the afternoon]. So if you have an early flight to catch, you will be able to grab some food, get a coffee, hop on our free shuttle to the airport and you’ll be there in five minutes.

Or imagine you are a businessperson, and had a hard working day. At ibis Saigon Airport, we provide you with all the facilities to truly reenergise you. What is very important to us is the ibis ‘sweet bed’ that can give you a really good rest. We have incredibly good feedback from our clients about it. And all that, I believe, shows how we really cater to the customers’ needs.

Question: You are very proud of ibis Saigon Airport’s in-house venues. Can you tell me a bit more about them?

Mr. Traetto: Today, travellers, even though they stay for a short amount of time, they want to optimise their stay. Now, with The Hub, ibis Saigon Airport has the only rooftop bar in  Tan Binh District. When you finish your work, you go upstairs, get a beer and enjoy the view of landing airplanes. We have a pool, we have a steam bath, we have a sauna, we have a gym – this is definitely what gives us the opportunity to attract a specific segment of clients. We provide our guests with a place to relax.

We are, if I may say so, part of the new generation of ibis hotels.

INTERVIEW WITH XAVIER CAPPELUT, DIRECTOR OF OPERATIONS FOR MIDDLE SCALE & ECONOMIC BRAND HOTELS, ACCORHOTELS

Question: AccorHotels is home to many brands. Why did you choose the ibis brand for this particular project?

Mr. Cappelut: I think this is a very unique location. The guests who choose to stay close to the airport have very specific needs. They might be in transit for a few hours, they might be spending their last night in Vietnam after a trip. We believe the level of comfort provided by ibis is just the right amount for these specific customers.

And the beauty of a brand like ibis is: you can travel anywhere in the world, you will find the same layout, the same service, the same comfort. Guests choose ibis because they know exactly what they can expect. That’s a guarantee that we provide to our customers. And they appreciate it.

Question: Vietnam is a country with an immense potential for tourism. How does ibis Saigon Airport serve this very particular market?

Mr. Cappelut: Vietnam is very important to us as a group. We, AccorHotels, have been in Vietnam since 1991. Back then, we were the only international hospitality company in Vietnam. That shows how committed we are to Vietnam as a business location.

And today, this country is developing at a dizzying pace. Last year, there was a 26% increase of international visitors and a 9% growth in the domestic market in Vietnam.These are incredible numbers.

And of course, we try to attract Vietnam’s domestic guests. The ibis brand perfectly caters to them because it is a functional, but full-service product that offers “Value for Money”.

Ibis Saigon Airport is quite simply the right product in the right place at the right time. And it is highly visible. In fact, we couldn’t be more visible than here at the airport. In that sense, ibis Saigon Airport is Accor’s flagship in Vietnam.

AccorHotels’ journey in Vietnam is far from over. In the next two years, the group plans to open another 12 hotels all over the country, which will bring its total portfolio to 36. But thanks to its eminent location next to one of Vietnam’s most important travel hubs and its many amenities, ibis Saigon Airport is undoubtedly a go-to for all Ho Chi Minh City-bound travellers.