The new points on the rights and obligations of overseas Vietnamese are stipulated in articles 40-44 in Chapter 3 of the Land Law, according to Lawyer Nguyen Duc Phuong.

They include the right for land access by overseas Vietnamese. According to Clause 3, Article 4 of the 2024 Land Law, overseas Vietnamese who are Vietnamese citizens have full land-related rights like Vietnamese citizens in the country.

This means that from January 1, 2025, Vietnamese citizens in Vietnam and overseas Vietnamese have full rights to use land without any restrictions, including the right to be allocated land by the State (with land use fees); to get land leased by the State; receive land use right transfer from organizations, households, and individuals; and to transfer land use rights according to the laws.

The difference in the land access rights between Vietnamese in Vietnam and overseas Vietnamese stipulated in Article 5 of the 2013 Land Law is eliminated in the 2024 Land Law.

Article 28 of the 2024 Land Law stipulates that people of Vietnamese origin settling abroad, who are allowed to enter Vietnam, have the right to buy and lease houses associated with building land; receive land use rights in housing development projects; inherit rights for building land and other types of land in the same land plots where houses are built according to the provisions of civil law; and receive houses in association with land use right from individuals at different levels of heirs in accordance with civil law.

The new law includes supplements which can be found when comparing Article 186 of the 2013 Land Law with the 2024 Land Law.

Vietnam-born people abroad

Article 186 of the 2013 Land Law stipulates that Vietnamese people residing abroad are allowed to own housing products according to the provisions of the law on housing.

Vietnamese-born people residing abroad can own houses in association with land use rights have rights and obligations as follows:

First, general rights and obligations stipulated in Articles 166 and 170 of the 2013 Land Law.

Second, rights to transfer land use rights when selling or giving as presents to organizations and individuals in Vietnam allowed to own houses in Vietnam. If  land use rights are transferred to subjects not allowed to own houses in Vietnam, the receivers can only get the value of houses associated with housing land use rights.

Third, the right to mortgage houses associated with land use rights at credit institutions licensed to operate in Vietnam.

Fourth, leasing and authorizing other individuals and institutions to manage houses during the time the owners do not use the houses.

As such, under the 2013 Land Law, only Vietnamese residing abroad, including Vietnamese citizens and Vietnamese-born people residing permanently in foreign countries, are allowed to own houses in accordance with the laws on housing. They have the right to possess houses in association with land use rights in Vietnam.

Meanwhile, the 2024 Land Law expands the number of Vietnamese people residing abroad who have the right to possess houses associated with land use rights in Vietnam.

Vietnamese-origin people means a larger coverage than Vietnamese people settling abroad.

According to Clause 4, Article 3 of the 2014 Law on Nationality, people of Vietnamese origin residing abroad are Vietnamese people who once had Vietnamese nationality, and at birth, their nationality was determined according to the principle of blood line and their children and grandchildren are residing and living permanently abroad.

The new regulations will help encourage Vietnamese-born people residing abroad invest in Vietnam and help attract kieu hoi.

The World Bank estimated that overseas remittance to Vietnam in 2023 reached $14 billion. It’s estimated that overseas remittance increased by 25-30 percent compared with 2022.

The new regulation will also create fairness between Vietnamese in Vietnam and overseas Vietnamese in possessing houses associated with land use rights.

Once overseas Vietnamese have the right to possess houses and land use rights like Vietnamese citizens in Vietnam, they will transfer money to Vietnam to buy houses.

A report found that there are over 10 million Vietnamese people (Viet Kieu) in over 200 countries, and 3.8 million are of retirement age. The people have assets and 3 million of them want to return to Vietnam to live.

Tu Giang