The Legal Regime for Foreigners Being Named on the Land Use Rights Certificate in Vietnam - Professional Lawyer Services

In recent years, with Vietnammese rapid economic growth and increased international integration, the demand for foreigners to be named on the Land Use Rights Certificate (LURC) has been on the rise. However, Vietnamese law imposes specific restrictions on land ownership for foreigners, making it essential to understand the legal framework before entering into any transaction. To ensure compliance with the law and protect your legitimate rights, it is strongly recommended to seek professional legal advice from lawyers experienced in land law and foreign investment. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or Hotline (+84) 903 419 479 for the best advice and support.

1. Legal framework for foreigners being named on the LURC in Vietnam

Under the 2013 Land Law and 2014 Housing Law, foreigners are generally not permitted to be directly named on the LURC for land in Vietnam, except in limited cases such as:

• Owning residential property (apartments or individual houses in projects) through purchase, lease-purchase, gift, or inheritance from eligible parties.
• Leasing land from the State for investment project implementation.
• Holding land use rights through an economic organization with foreign investment capital (subject to specific conditions).

Because foreigners cannot directly hold land use rights in most cases, many opt to establish contractual agreements with Vietnamese nationals to secure their interests.

The Legal Regime for Foreigners Being Named on the Land Use Rights Certificate in Vietnam - Professional Lawyer Services​

2. Potential risks without proper legal arrangements

Failing to have a legally binding and well-drafted agreement can lead to significant risks for foreigners, including:

• Loss of property control if the Vietnamese titleholder transfers or mortgages the land.
• Difficulty in asserting rights in case of disputes.
• Limited legal protection if the agreement is deemed to violate Vietnamese law.

3. Key components of a lawful agreement

A professionally drafted agreement should include:

• Full identification details of all parties.
• Legal basis and scope of the foreign parties rights.
• Clear terms for management, usage, transfer, or disposal of the property.
• Dispute resolution mechanisms.
• Assurance of compliance with Vietnamese legal provisions.

4. Benefits of hiring a lawyer

Using professional lawyer services for this process ensures:

• Comprehensive legal risk assessment before signing any document.
• Drafting of legally sound agreements tailored to your needs.
• Strategic investment advice for foreign clients.
• Representation in dispute resolution when necessary.

The Legal Regime for Foreigners Being Named on the Land Use Rights Certificate in Vietnam - Professional Lawyer Services​

5. Typical process of lawyer services

• Initial consultation to assess the objectives of client and legal feasibility.
• Review of relevant documents and identification of legal risks.
• Drafting the agreement in compliance with Vietnamese law.
• Assistance with notarization or certification if required.
• Ongoing legal support throughout the term of the agreement.

The Legal Regime for Foreigners Being Named on the Land Use Rights Certificate in Vietnam - Professional Lawyer Services​

6. Conclusion & Contact

Understanding the legal regime for foreigners being named on the Land Use Rights Certificate in Vietnam is essential to avoid risks and ensure your investment is protected. With the assistance of experienced land law and foreign investment lawyers, you can establish agreements that safeguard your rights while remaining fully compliant with Vietnamese law.

>>Read more: Investing In Assets Such As Land And Houses Of Foreign Investors

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