This article is part of Zagdim’s Vietnam property wiki series. It compares what a buyer receives, and what extra steps a seller has to take, when a foreign owner sells a Vietnam apartment to a Vietnamese buyer versus to another foreigner, for an owner who is looking for a buyer. For the full sale process, see the main article on selling property in Vietnam as a foreign owner.
Why Does the Buyer Matter to the Seller?
A foreign owner’s holding of Vietnamese housing is both time-limited and subject to the 30% foreign-owner quota. Sell to a Vietnamese buyer, and the property leaves the foreign-owner rules entirely. Sell to another foreigner, and it stays inside those rules, so how the holding period is calculated and how the quota is checked both carry through to affect the seller. The seller also carries their own statutory duties before and after signing; getting them wrong can make the transaction invalid, and the seller can be held liable to compensate the buyer.
The Short Answer: What’s the Difference Between the Two Buyers?
Sell to a Vietnamese citizen, or to an overseas Vietnamese who holds Vietnamese nationality, and the buyer gets full ownership rights, not subject to the foreign-owner time limit, and the seller does not need to check any quota. Selling to another foreigner is also allowed, but the buyer needs a valid passport bearing a Vietnam entry stamp at the time of signing; the seller has to check the quota on the provincial government portal before signing, and notify the authority within 3 working days after signing; what holding period the new buyer receives is not clearly stated in current law, and remains unresolved.
| What’s Compared | Selling to a Vietnamese Citizen or Overseas Vietnamese | Selling to Another Foreigner |
|---|---|---|
| Can the sale go ahead | Yes | Yes |
| Holding period the buyer gets | Full ownership rights, not subject to the foreign-owner time limit | Either the remaining period or a fresh 50-year term; not clearly stated in current law, unresolved |
| Documents the buyer needs at signing | ID card, passport, or other proof of nationality (an overseas Vietnamese needs a Vietnamese passport bearing an entry stamp) | A foreign passport plus a Vietnam entry stamp, with a written declaration waiving diplomatic or consular privilege |
| Before signing, the seller must | No extra step | Check the quota on the provincial housing management authority’s portal |
| After signing, the seller must | No extra step | Notify the authority within 3 working days, by email and in writing |
| If the quota is exceeded | Not applicable | The transaction is invalid, no certificate is issued, and the seller compensates the buyer |
What Does a Vietnamese Buyer Get?
Housing Law (Luật Nhà ở 27/2023/QH15) Article 20 provides that a foreign owner, before the holding period on the certificate expires, can sell the property to anyone eligible to own housing in Vietnam. Where the buyer is a domestic organization, a domestic individual, or an overseas Vietnamese, they receive the full ownership rights set out in Article 10(1). Vietnamese media coverage from a May 2026 Q&A put it more plainly: sell to a Vietnamese citizen or an overseas Vietnamese, and the buyer is not subject to the holding-period limit.
A Vietnamese citizen buyer presents an ID card (căn cước), a passport, or another document proving Vietnamese nationality at signing; an overseas Vietnamese who holds Vietnamese nationality needs a valid Vietnamese passport bearing a Vietnam entry stamp. Per one legal website’s summary of Housing Law Article 161, a domestic individual buyer can purchase a property regardless of where their residence is registered relative to the property’s location.
A buyer of Vietnamese descent who does not hold Vietnamese nationality (người gốc Việt Nam định cư ở nước ngoài) needs to present a foreign passport or international travel document, proof of Vietnamese descent, and a document bearing an entry stamp at signing. Whether this type of buyer gets the same rights as a Vietnamese citizen is not clearly stated in current law and remains unresolved; it depends on which nationality document the buyer actually signs with.
What Extra Must the Seller Do When Selling to a Foreigner?
A foreigner can buy a resale apartment from an existing foreign owner. The seller needs to watch four things:
- The buyer’s documents. A foreign individual buyer must hold a valid passport bearing a Vietnam entry stamp (or an equivalent lawful entry document) at signing, and must declare in writing that they do not hold diplomatic or consular privilege and immunity. A foreign buyer who is still overseas and has not yet entered Vietnam cannot meet this condition at the time of signing.
- The project must be on the eligible list. Ho Chi Minh City publishes, in batches, the list of projects where foreigners are allowed to own housing; since 2025 it has published 8 rounds, covering 136 projects in total. A sale within a project where foreigners are not permitted to hold housing is invalid.
- Check the quota before signing. Across any one apartment building, foreign organizations and individuals combined cannot hold more than 30% of the total residential units; where several blocks share a podium, the cap is calculated separately per block. Before signing, the seller must check the information on the portal of the provincial housing management authority covering the property’s location, and can only sell within the quota.
- Notify the authority within 3 working days of signing. The seller reports the buyer’s name and the property’s address to the provincial housing management authority, by both email and in writing. A seller who fails to notify in time is liable under the law, and must compensate for any loss the delay causes.
A transaction that exceeds the quota, or that takes place within a project where foreigners are not permitted to hold housing, has no legal effect: the authority will not issue a certificate, and the seller must compensate the buyer’s loss.
When a foreigner resells to another foreigner, the unit already counts within the foreign-owner quota; whether the resale counts against the quota a second time is not clearly stated in current law and remains unresolved. The seller still has to check the portal and notify the authority as required before signing.
How Is the Holding Period Calculated for a Foreign Buyer?
Whether the new buyer receives the remaining holding period shown on the certificate, or a fresh 50-year term, is not clearly stated in the text of either the current Housing Law or Decree 95/2024/NĐ-CP (Nghị định 95/2024/NĐ-CP), and remains unresolved. Vietnamese media coverage from a May 2026 Q&A took the position that it is the remaining period. This can be confirmed with the Land Registration Office (Văn phòng đăng ký đất đai) or a notary office.
The underlying holding-period rule for foreign owners is a maximum of 50 years, counted from the date the certificate is issued, with one extension available for up to another 50 years if needed. An owner who wants to extend must apply to the provincial People’s Committee (Ủy ban nhân dân cấp tỉnh) at least 3 months before the period expires; an owner who has been ordered to leave the country or has been deported cannot extend.
A foreigner who marries a Vietnamese citizen living in Vietnam can hold housing on the same basis as a Vietnamese citizen, with the same ownership rights.
Could the Pool of Eligible Buyers Change?
Generally speaking, it is difficult in practice for a foreigner to buy an apartment directly from a Vietnamese individual, because the authorities have not yet built a mechanism to police the 30% cap on that side of a transaction. As a result, the pool of buyers for a unit that already sits within a foreign owner’s quota includes other foreigners as well as Vietnamese buyers.
The Housing Law is currently being amended. A September 2026 draft would limit foreign ownership to apartments only, no longer permitting detached houses, and would explicitly allow a foreigner to buy from another foreigner who already lawfully holds an apartment, while keeping the 30%-per-building cap. On October 2, 2026, the National Assembly Standing Committee reviewed this draft, which runs to 13 chapters and 132 articles. As of October 8, 2026, the draft had not yet been passed; whether there would be separate transitional provisions for existing foreign apartment owners is not recorded in the reporting reviewed, and remains unresolved.
How to Work Out Which Case Applies to You
Start with the certificate you hold: what date the holding period ends, and which block the unit is in. Then look at the buyer: a Vietnamese citizen, an overseas Vietnamese, a foreigner of Vietnamese descent, or another foreigner. This depends on which nationality document the buyer actually holds and signs with.
Taxes and fees do not change based on the buyer’s nationality; see the companion article on how much tax you pay when selling property in Vietnam. For the rest of the process, including the steps and transferring funds out, see the main article on selling property in Vietnam as a foreign owner.
FAQ
If a Vietnam Apartment’s Foreign-Owner Quota Is Already Full, Can the Owner Still Sell to a Foreigner?
The unit already counts within the foreign-owner quota; whether a resale to another foreigner counts against the quota a second time is not clearly stated in current law and remains unresolved. The seller still has to check the provincial portal before signing and can only sell within the quota.
Can a Foreign Buyer Who Is Still Overseas Sign the Vietnam Sale Contract First?
A foreign individual buyer must hold a valid passport bearing a Vietnam entry stamp, or an equivalent lawful entry document, at signing. A foreign buyer who has not yet entered Vietnam cannot meet this condition at the time of signing.
What Happens to the Holding Period When Selling to a Vietnamese Buyer?
When the buyer is a Vietnamese citizen or an overseas Vietnamese, they receive full ownership rights, not subject to the foreign-owner time limit. The foreign-owner holding period shown on the original certificate does not carry over to a Vietnamese buyer.
Glossary
- Housing Law (Luật Nhà ở 27/2023/QH15): The law governing housing ownership and transactions in Vietnam.
- Decree 95/2024/NĐ-CP (Nghị định 95/2024/NĐ-CP): The Housing Law’s implementing decree, which sets out the foreign-owner quota, how to check it, and the notification requirement.
- Provincial People’s Committee (Ủy ban nhân dân cấp tỉnh): The provincial or municipal local government that handles holding-period extension applications.
- Foreign-owner quota: The cap on foreign ownership of up to 30% of the total units in any one apartment building.
- Overseas Vietnamese: A Vietnamese citizen, holding Vietnamese nationality, who is settled abroad.
- Person of Vietnamese descent (người gốc Việt Nam): A person of Vietnamese ancestry who does not necessarily hold Vietnamese nationality.
About This Information
This article is compiled by Zagdim research. The legal provisions have been checked by Zagdim against the underlying statute text (Verified by Zagdim); points describing market practice are marked separately. Information checked as of October 8, 2026. The following conclusions are not directly stated in the text of the law and are flagged as unresolved: the holding period a new buyer receives when a foreigner resells to another foreigner; whether that resale counts against the quota a second time; the scope of rights for a buyer of Vietnamese descent without Vietnamese nationality; and whether the amendment draft provides transitional rules for existing foreign apartment owners. Housing Law Article 161 is read here from one legal website’s summary; the point that it is difficult in practice for a foreigner to buy directly from a Vietnamese individual reflects a law firm’s description of market practice; the number of Ho Chi Minh City eligible-project rounds follows Vietnamese media reporting from July 2026. The Housing Law amendment draft was still under review as of October 2026; its content is governed by whichever text is finally passed.
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References
- hethongphapluat.com — Housing Law (Luật Nhà ở 27/2023/QH15), Article 20
- DAZPRO — Decree 95/2024/NĐ-CP (Nghị định 95/2024/NĐ-CP), full text
- Việt Nam News — Selling houses in Việt Nam: What do foreign homeowners need to know?
- LuatVietnam — Người Việt Nam có được mua lại nhà của người nước ngoài không?
- Apolat Legal — Foreigners purchasing resale condominium apartments in Vietnam
- Tiền Phong — Thêm 3 dự án BĐS được bán cho người nước ngoài
- LuatVietnam — Chỉ cho phép người nước ngoài sở hữu căn hộ chung cư tại Việt Nam (dự kiến)
- Báo Lào Cai — Ủy ban Thường vụ Quốc hội cho ý kiến về dự án Luật Nhà ở (sửa đổi)
Important Notice
This article is general information and does not constitute individual legal advice. Information checked as of October 8, 2026. The Housing Law is currently being amended, and its provisions may change; Vietnam’s competent authorities’ current official notices control.
