Can Foreigners Own Land in Vietnam in 2026? The Direct Answer
Can Foreigners Own Land in Vietnam in 2026? The Direct Answer
No. Foreigners cannot own land in Vietnam, and the 2024 Land Law did not change that. All land in Vietnam is collectively owned by the people and administered by the state under Article 53 of the 2013 Constitution and Article 4 of the Land Law 2024 (Law No. 31/2024/QH15, effective 1 August 2024). What private parties hold, including Vietnamese citizens, is a Land Use Right (LUR), not freehold land ownership.
This is the part that gets glossed over in most English-language guides. There is no nominee structure, no special economic zone exemption, and no investment tier that allows a non-resident foreigner to take a land title. What foreigners can hold is something narrower: ownership of an apartment or house on top of a leasehold interest, capped by quotas, for a fixed term.
What Foreigners Can Actually Own
Under the Housing Law 2023 (Law No. 27/2023/QH15, effective 1 August 2024) and Decree No. 95/2024/ND-CP guiding its implementation, foreign nationals with a valid visa stamp can purchase residential apartments and individual houses inside approved commercial housing projects. The ownership is structured as a 50-year leasehold on the unit, renewable once for another 50 years on application before expiry.
The relevant provisions are Articles 17 to 21 of the Housing Law 2023. The ownership certificate (the "pink book", or Giay Chung Nhan Quyen Su Dung Dat) is issued by the provincial Department of Natural Resources and Environment and explicitly states the 50-year term and the renewal right.
The Quota Rules
Foreign ownership is capped per project under Article 161 of the Housing Law 2023:
- 30% maximum of total apartment units in any single condominium building
- 250 houses maximum in any administrative ward (phuong) with a population of 10,000 people, scaled proportionally for larger areas
The 30% quota is calculated per building, not per project. A multi-tower development can sell 30% of each tower to foreigners, so a 1,000-unit five-tower project effectively offers 300 foreign-accessible units per tower, not per project. This is widely misunderstood and worth checking on the developer's filed allocation with the Department of Construction before paying a deposit.
The Overseas Vietnamese Exception
The most material change in the 2024 Land Law affects overseas Vietnamese (Viet Kieu) who still hold Vietnamese nationality. Under Articles 4 and 28 of Law No. 31/2024/QH15, Viet Kieu with a valid Vietnamese passport or nationality certificate now have rights identical to domestic Vietnamese citizens. They can hold LURs directly, transact in non-commercial residential land, and are not counted against the 30% foreign quota.
This is a significant expansion of rights, since the previous Land Law 2013 treated returning Vietnamese under the foreigner framework for most practical purposes. The eligibility is strictly tied to retained Vietnamese nationality, not ethnic Vietnamese ancestry. A second-generation Vietnamese-American who has never held a Vietnamese passport remains in the foreigner category.
What "Land Use Right" Actually Means
A Land Use Right is closer to a long leasehold from the state than to fee simple ownership. Vietnamese citizens hold LURs in three forms: stable long-term (effectively perpetual for residential), 50-year terms for production land, and 70-year terms for foreign-invested commercial projects (extendable to 99 years in special cases under Article 173 of the Land Law 2024).
When a foreigner buys an apartment, they are not buying the underlying land at all. The Vietnamese developer holds the LUR on the land plot, typically a 50-year commercial term, and the foreign owner holds a strata-title interest in the building on top of that LUR. The unit certificate references the underlying land plot but does not give the unit owner any direct interest in the dirt.
This matters at the end of the 50-year term. The renewal is governed by the underlying LUR status. If the developer's master LUR is still valid and the unit owner applies under Article 19 of the Housing Law 2023, renewal is routine. If the underlying LUR has expired and not been renewed, the unit owner's position weakens.
The Practical Foreign-Buyer Path
The clean path for a foreign individual buying in Vietnam in 2026 looks like this. Identify a project where the developer has Confirmation Letter No. 13 from the Department of Construction approving foreign sales. Check that the building's 30% foreign quota has not been filled. Verify the developer's underlying LUR certificate and term remaining. Sign a sale and purchase agreement notarized in Vietnamese, with a sworn English translation. Pay through a licensed Vietnamese bank account (foreign currency inflows for property purchases must route through a designated capital account under Circular 06/2019/TT-NHNN). Receive the pink book within the timeline specified in Article 23 of Decree 95/2024/ND-CP.
Most disputes arise from developers who pre-sell foreign quota that was never granted, or who collect deposits before the project has received Construction Permit and Foreign Sales Approval. Verifying developer delivery history before paying any deposit is the single most effective protection. Bektu maintains delivery records for Vietnamese developers including major Hanoi, Ho Chi Minh City, and Da Nang names.
For coverage of property purchases (versus land) and the broader Vietnamese market, see our foreign property ownership guide and the Da Nang market briefing.
What This Means for Foreign Investors
The mental model is: lease, not own; building, not land; 50 years, not forever. If a broker tells you a foreigner can buy land in Vietnam, they are either describing a nominee arrangement (which is unenforceable and exposes the foreign buyer to total loss under Article 188 of the Land Law 2024) or they are confusing land ownership with apartment purchase.
The leasehold framework is functional. Foreign buyers have transacted on it since 2015. But it is not freehold, and pricing should reflect that. The 50-year term, the renewal uncertainty, and the quota constraints are real factors that should compress the price a foreign buyer is willing to pay relative to a Vietnamese citizen buying the same unit with a stable long-term LUR.
Sources
- Land Law 2024 (Law No. 31/2024/QH15) — Vietnam Ministry of Justice
- Housing Law 2023 (Law No. 27/2023/QH15)
- Constitution of the Socialist Republic of Vietnam (2013)
- Circular 06/2019/TT-NHNN — State Bank of Vietnam
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