Vietnam is revising its Housing Law, Law on Real Estate Business and Land Law at the same time. The National Assembly heard the proposals and review reports on 22 October 2026. These are still drafts and have not been passed. The change that matters most to foreign buyers is that the draft would allow foreigners to buy only apartments in future, not landed houses such as townhouses and villas. Pham Hong Manh (Marcus), Managing Partner of Apolat Legal in Vietnam, believes this change is likely to remain. He also reminds buyers that apartments owned by foreigners in Vietnam come with a fixed term and limits on resale and inheritance, and that the ownership certificate is often the slowest step of all.
Key points
- All three amendments are still before the National Assembly and are not current law. Zagdim checked the draft Housing Law dated 15 October 2026, which sets 1 July 2027 as the effective date. That date can still change.
- Under current law, foreigners may buy both apartments and landed houses in eligible projects. The draft would allow new foreign ownership of apartments only, with a transitional provision for those who already own a landed house or have signed a purchase contract before the new law takes effect.
- The 30% cap on foreign ownership per apartment building no longer appears in the text of the 15 October draft. The ratio would be set by the Government and still applied building by building. This does not abolish the cap; the figure may stay at 30%, but it would be easier to change.
- Foreign individuals would still own apartments for up to 50 years, renewable once. The draft expressly allows inheritance, but heirs take over only the remaining term.
- Whatever the final text says, apartment buyers should check six things now: the certificate, project eligibility and quota, who the seller is, how payment is made, off-plan payment terms, and the contract date for landed houses.
Who should pay attention: foreigners who already own an apartment or landed house in Vietnam, and anyone considering a purchase, especially an off-plan apartment, townhouse or villa. Vietnamese citizens, overseas Vietnamese and foreign-invested companies are covered by different provisions, so this article does not apply to them directly.
1. Where the revisions stand
- 22 October 2026: the National Assembly heard the proposals and review reports on the amended Housing Law, Law on Real Estate Business and Land Law. Government newspaper coverage describes these as drafts under review, not enacted laws.
- Draft versions: the Ministry of Construction published a draft Housing Law for consultation on 9 September. Marcus based his comments on the newer draft dated 15 October and shared the Vietnamese text with Zagdim; this article describes that version. The text finally passed may differ.
- Effective date: Article 129 of the 15 October draft sets 1 July 2027, with some decentralisation provisions taking effect on 1 March 2027. The 9 September version had proposed 1 March 2027. These are dates in a draft, not final dates.
- Vote date: when this article was checked, Zagdim found no published National Assembly date for the votes on the three laws. We will update this article once the laws are passed.
2. What the draft changes: current law, draft and expert view
| Item | Current law (2023 Housing Law) | 15 October draft | Marcus’s view |
|---|---|---|---|
| What foreigners can buy | Apartments and landed houses in eligible commercial housing projects, outside national defence and security areas | Foreign individuals may acquire apartments only (Article 19) | Likely to remain |
| Foreign quota | No more than 30% of apartments in a building; no more than 250 landed houses in an area roughly the size of one ward (phường) | Ratio per building “set by the Government”, counted building by building in multi-building projects (Article 21); 30% no longer in the text | The figure may stay at 30% but would be easier to change |
| Term | Up to 50 years from the date the certificate is issued, renewable once for up to 50 years | Keeps 50 years and one renewal; renewal follows the building’s remaining service life, up to 50 years (Article 22) | More of a clarification than a restriction; likely to be retained |
| Inheritance | Heirs not eligible to own housing receive only the value | Expressly allows bequest, but heirs take only the remaining term; ineligible heirs receive only the value | More of a clarification than a restriction; likely to be retained |
| Term expires with no sale or gift | Becomes public property | Passes to state ownership, with the procedure set by the Government (Article 24); the 9 September version had proposed recovery and auction | More of a clarification than a restriction; likely to be retained |
| Off-plan payment limits | First payment including deposit up to 30%; generally up to 70% before handover (50% if the seller is a foreign-invested enterprise); up to 95% before the certificate is issued | According to Marcus, the draft Real Estate Business Law keeps only the principle that a seller may not collect 100% before the certificate is issued, and leaves specific limits to the Government; the official 22 October summary also mentions protecting the final 5% through an escrow account or agreement between the parties | Agree a clear payment schedule |
“The draft would allow new foreign ownership of apartments only. A transitional provision lets those who already own a landed house, or who have signed a purchase contract for one before the new law takes effect, continue under the current law. This approach has been consistent across the drafts, so in my view it is likely to remain.”
“In the draft, the 30% figure no longer appears in the law itself. The ratio would be set by the Government and would still be applied building by building. In practice the figure may stay at 30%, but it would be easier to change than when fixed by statute.”
Read the 30% point carefully: what changes is how the cap is set, not whether there is one. Once the law is passed, the actual ratio will depend on the Government’s implementing rules.
Marcus also explains that under the current draft, if the term expires without a sale or gift, the apartment would pass to state ownership, with the procedure to be prescribed by the Government. He considers these changes to tenure, inheritance and expiry more of a clarification than a restriction and notes that they are likely to be retained.
3. If you already own property in Vietnam
Apartment owners
- Check whether your ownership certificate (Giấy chứng nhận) has been issued and whether it states your ownership term. Current law requires the term to be stated on the certificate.
- The term runs from the date the certificate is issued. To extend it, current rules require an application at least three months before expiry, and the authority approves one extension in writing. If the draft is passed, the extension will also be limited by the building’s remaining service life.
- If you plan to leave the apartment to family: the draft expressly allows inheritance, but heirs take over only the remaining term. Heirs who are not eligible to own housing in Vietnam receive only its value.
Owners of landed houses (townhouses, villas, row houses)
- Article 130(2) of the 15 October draft states that foreign organisations and individuals who already own a landed house, or have signed a contract to buy one, before the new law takes effect will continue under the 2023 Housing Law.
- On that wording, later resale and inheritance would also follow the 2023 Housing Law; any implementing rules that add detail will prevail.
4. If you are planning to buy
Buying an apartment: the draft keeps this route open. Whether the project is open to foreigners, whether foreign quota remains and when the certificate can be issued will affect you more directly than the revision itself.
Buying a landed house: under the draft, only purchases with a sale contract signed before the new law takes effect will continue under current law. The draft does not define which document counts as the “sale contract” (a deposit agreement, reservation form, off-plan sale contract or notarised contract), so this depends on the final text and implementing rules. Marcus recommends seeking legal advice early for these purchases.
5. Six checks before buying an apartment in Vietnam
These six points are based on Marcus’s advice. For each one we set out what current law says, whether the draft changes it, what he recommends and what remains uncertain.
1. Ownership certificate
- Documents: the certificate itself, and the clauses in the sale contract on the certificate timeline and the developer’s responsibilities.
- Ask: the developer (how far certificate issuance for foreign buyers has progressed in this project); existing owners can check their status with the local authority.
- Current law: a foreign individual’s ownership term must be stated on the certificate.
- Expert advice: certificates for foreign buyers have been slow and vary between localities; write the timeline and the developer’s responsibility into the contract.
- Uncertain: there is no single official timeline for how long this takes.
2. Project eligibility and foreign quota
- Documents: the list of projects open to foreign ownership published on the portals of the provincial People’s Committee or provincial housing authority, and the developer’s written confirmation that the unit is within the foreign quota.
- Ask: the developer; the provincial housing authority.
- Current law: foreigners may own no more than 30% of apartments in a building, and national defence and security areas are excluded.
- Draft: the ratio would be set by the Government and still applied building by building; localities must publish the list of projects open to foreign ownership (Article 18).
- Expert advice: ask the developer to confirm the unit is within the foreign quota and put that in the contract.
- Uncertain: each province names and organises its portal differently, so check province by province.
3. Who the seller is
- Documents: the seller’s identity documents and proof that the seller lawfully owns the unit.
- Ask: a lawyer.
- Current law and draft: foreigners may buy only from the project developer, or from a foreign organisation or individual that lawfully owns the unit. Not every resale apartment owned by a Vietnamese owner is open to them.
- Expert advice: avoid nominee arrangements in which someone else holds title on your behalf.
- Uncertain: the draft says the term runs “from the date the certificate is issued”. Whether a new term starts when a foreigner buys a resale apartment from another foreign owner is not spelled out, so confirm this with a lawyer before buying.
4. Payment and funds
- Documents: the contract, bank payment records and tax receipts.
- Ask: a bank operating in Vietnam (document requirements for paying the purchase price and transferring money out later).
- Current law: foreign buyers must pay through a credit institution or foreign bank branch operating in Vietnam. Transfers out of Vietnam must comply with foreign exchange rules, and banks will review the transaction documents.
- Expert advice: keep the contract, payment records and tax receipts, because you will need them to resell or transfer proceeds abroad, and discuss the transfer process with your bank in advance.
- Uncertain: banks ask for different documents; there is no single list.
5. Off-plan payment schedule and bank guarantee
- Documents: the payment schedule and the bank’s approval of a guarantee for the developer.
- Ask: the developer; the guaranteeing bank; a lawyer.
- Current law: there are limits on how much a developer may collect before handover and before the certificate is issued (see the table in section 2).
- Draft: according to Marcus, only the principle that a seller may not collect 100% before the certificate is issued would remain, with specific limits set by the Government.
- Expert advice: agree a clear payment schedule and check that a bank has approved a guarantee for the developer before the units go on sale.
- Uncertain: the new limits will only be known once the Government issues implementing rules.
6. Landed houses: the contract date
- Documents: the type of purchase contract and the date it was signed.
- Ask: a lawyer.
- Draft: only purchases with a contract signed before the new law takes effect would continue under current law; the draft sets 1 July 2027 as the effective date.
- Expert advice: seek advice early.
- Uncertain: which document counts as the “sale contract”, and whether the effective date stays at 1 July 2027.
6. The three most common misunderstandings
“The most common mistake is treating an apartment in Vietnam as permanent, freehold property. In fact, a foreign individual’s ownership is time-limited, with restrictions on who can buy it from them and who can inherit it.”
“The second is assuming that signing the contract and paying in full means full ownership. Ownership is only truly secured once the certificate is issued, and this is often the longest step.”
“The third is relying on nominee arrangements. These carry significant legal risk and are difficult to protect if a dispute arises.”
What readers can do now
- If you already own property: take out your ownership certificate, check the issue date and term, and work out the expiry date.
- If you plan to buy: check that the project is on the provincial list of projects open to foreigners, then ask the developer to confirm in writing that the unit is within the quota.
- If you plan to buy a landed house: before signing anything, ask a lawyer whether that document would count as a “sale contract” under the transitional provision.
- Follow the National Assembly vote and the Government’s implementing rules. We will update this article once the laws are passed.
If you already own property in Vietnam or are thinking of buying, and you are not sure how the revisions affect you, tell the Zagdim Reader Desk about your situation. The Reader Desk will understand your needs and identify suitable professionals.
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Glossary
- Landed house (nhà ở riêng lẻ): a stand-alone house such as a townhouse, villa or row house, as opposed to an apartment in a building.
- Ownership certificate (Giấy chứng nhận): the certificate issued by the Vietnamese authorities as proof of ownership; a foreign individual’s ownership term is stated on it.
- Transitional provision (quy định chuyển tiếp): a rule that lets rights or transactions created before a new law takes effect continue under the old law.
- Nominee arrangement: an arrangement in which someone else holds title while a foreigner provides the money.
About this article
Facts in this article were checked on 10 November 2026. The draft provisions were checked against the Vietnamese text of the draft amended Housing Law dated 15 October 2026 (provided by Marcus); current law against the consolidated texts issued by the Office of the National Assembly; and the legislative timetable against Vietnamese government newspaper coverage of 22 October 2026. The off-plan payment limits in the draft Real Estate Business Law are based on Marcus’s explanation and the official summary; Zagdim has not obtained the full text of that draft.
The views quoted in this article are Pham Hong Manh (Marcus)’s practical comments, intended as general information rather than advice on any individual case. The quoted and paraphrased passages were confirmed in writing by him. The amendments are still drafts, and their content and effective dates may change before the National Assembly passes them. Please rely on the laws as officially published in Vietnam and consult a lawyer licensed in Vietnam. This article is not legal advice.
Experts interviewed
Pham Hong Manh (Marcus), Managing Partner, Apolat Legal
References
Vietnam Government News, “Quốc hội nghe báo cáo về 2 dự án Luật Nhà ở (sửa đổi) và Luật Kinh doanh bất động sản (sửa đổi)” (22 October 2026, Vietnamese) / Vietnam Government News, “Tháo gỡ các điểm nghẽn về thể chế, giải phóng nguồn lực đất đai cho phát triển kinh tế – xã hội” (22 October 2026, Vietnamese) / Ministry of Construction, draft amended Housing Law consultation dossier (9 September 2026 version, Vietnamese) / Office of the National Assembly, Housing Law consolidated text 79/VBHN-VPQH (Vietnamese) / Office of the National Assembly, Law on Real Estate Business consolidated text 06/VBHN-VPQH (Vietnamese) / Government of Vietnam, Decree 70/2014/NĐ-CP on foreign exchange (Vietnamese)
