外国投资者在越南拥有房地产的限制

bởi Apra Law

目前,越南以其引人注目的经济增长被评为东南亚经济亮点,于是难免有很多外商来越南投资。 投资将长期进行,因此投资者希望在他们投资的地方定居并拥有房地产。 然而,房地产是一种价值巨大且相对特殊的资产,因此外国投资者在越南的房地产所有权仍存在诸多问题。

《2014年越南投资法》第 3 条第 14 款规定:《外国投资者是指具有外国国籍的个人或根据外国法律设立的在越南开展商业投资活动的组织》。 因此,外国投资者如欲在越南拥有房地产,需了解越南相关法律法规,以确保其权利和义务得到良好履行。

对于房地产为土地

《2013年越南土地法》第5条规定,越南土地使用者在越南国家划拨或出租土地、土地使用权得到承认或接受土地使用权转让时,必须属于以下情形:

-越南国内组织、个人、家庭、越南人口社区、海外越南人;

-具有外交职能的外国组织、外商投资企业。

因此,根据上述规定,外国投资者在越南无权使用土地。 这里的原因可能是土地是一种具有自身特定特征的财产,与越南安全国防有关; 土地是有限资产,越南国家需要优先考虑越南公民,保障越南人民自身利益。

对于房地产为家

虽然外国投资者在越南没有土地使用权,但根据 《2014 年越南住房法》第 7 条第 3 款和第 159 条,外国投资者仍然有权在越南拥有房屋。允许在越南拥有房屋的外国组织和个人的主体包括:

  • 外国组织和个人在越南项目下投资住房建设;
  • 允许外国人进入越南;
  • 在越南经营的外商投资企业、外国企业分公司、代表处、外国投资基金和外国银行分行。

据《2014 年越南住房法》第159条第2款的规定,由 越南99/2015/ND-CP法令第 75 条修订和补充,外国组织和个人只能在商品房建设投资项目中拥有房屋 (包括公寓和独立屋),但保障国防安全的地区除外。

根据越南99/2015/ND-CP 议定,外国投资者想在越南拥有房屋时的一些规定,包括:

-所有权条件:对于共管公寓,允许外国投资者购买、租购、接受赠与、接受继承,并且拥有不超过30%的公寓楼。与区级行政区域人口相同但公寓楼多的区域的场合,外国组织和个人只能拥有不超过每栋公寓楼30%的公寓,不超过所有这些公寓楼公寓总数的30%。对于私人住宅,如果 (i) 私人住宅项目少于 2500 套,外国投资者只能拥有不超过该项目房屋总数的 10%; (ii)如果有一个项目建造2500套私人住宅,外国投资者在该项目中最多只能拥有250套房屋; (iii) 2个及以上项目房屋总套数小于或等于2500套的项目,外国投资者仅允许拥有不超过每个项目房屋量的10%。

-所有权期限:外国投资者根据买卖、租购、赠与或继承的合同拥有房屋,所有权期限自证书颁发之日起不超过50年。在申请延期的场合,外国投资者应在房屋所有权期限届满前3个月向房屋所在越南地省人民委员会提交延期申请及房屋所有权证书副本。续展次数为01次,但不超过50年。

因此,关于房地产所有权,外国投资者在越南不得接受土地使用权转让(实际上称为土地购买),但他们仍然可以购买符合以下条件的房屋:如上所述。

以上是阿普拉律师有限公司就外国投资者在越南拥有房地产的问题提供建议的文章。 如果您仍有疑问,请联系热线寻求支持和建议。

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