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Jointly buying a home as an Expat married to a local vietnamese!

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Brian Jo

Hi Everyone,

Just reaching out to all those who are Expats married to local Vietnamese and have recently purchased a property in HCM or elsewhere in Vietnam, could you please share your experiences  going through the entire purchase life-cycle. I'm interested in learning the pain points and the bureaucracy involved for an Expat who is jointly buying a property with a local spouse. Some of the topics I'm interested in learning is;

1. If I remit funds for a property to Vietnam (Inbound), should I remit to my wife's account or my personal account at a local bank?
2. Would remitting funds to your wife's account (inbound), impact (fail) your assessment by local government/banks for outbound remittance of funds when deciding to sell the property?
3. Should you sign the  "Land use rights" contract in your own name, spouses name or jointly? and how will it affect the tenure. i.e. 50 years or Freehold?
4. In a divorce situation, how is the ownership and settlement of the property viewed under existing law? i.e. who gets what etc.

If there is anything that could be helpful in the planning and risk mitigation process of buying a property, I would really appreciate any real world experience from people who have ventured down this road already.

Cheers
Brian

See also

Real estate listingsAccommodation in VietnamBuying property in VietnamAccommodation in HanoiA good real estate agent in Saigon
mr6590

I will answer your question shortly and easy to understand
1. Your account
2. When you decide to buy or sell a house, it is better to contact some angency to have them done it for you.
3. As I know if you get married with a local woman, Land use rights will last forever. But If you don't, Land use rights lasts for 50 years. After that you can extend it.
4. In a divorce situation, if you get the property BEFORE marriage, it remain yours. Everything you gain after marriage, you need to split its with your spouse.

That's all I know about your problem, you can contact a lawyer or law firm for more info. Life changes and law changes everyday

Brian Jo

Thanks mr6590,

The key problem which nobody seems to be able to provide any satisfactory answers too is outbound remittance once the property is sold. Neither the agents or the banks seem to have any consistent answer. Implementation of government policy on the remittance of foreign funds seems to change from one bank to another I have yet to find a bank who can show me a clear process to do this.

I am therefore keen to learn if any expats (non-Vietnamese) have been down this road and the challenges they have faced when remitting funds back from the sale of a property. 

Many thanks for the contribution!

Cheers
Brian

THIGV

When sending out money earned as wages, I believe the essential document is the receipt for having paid taxes on the income.  The same may be  true with the proceeds of the sale of a house.

Brian Jo

Hi THIGV,

For salaries, the amounts are small. I'm interested to know if anyone has remitted proceeds from a property sale over $500k - $1m. I'm really seeking confirmation that it's actually been done and the process can be verified/confirmed to work or are there hoops to jump through.

Cheers
Brian

THIGV

As usual, you really should see a real attorney instead of looking here.  In principal if you have paid the taxes the amount should not matter, but of course "should" and "is" can be different things, especially in Vietnam.  You also have declarations for amounts over $5K but that is an international money laundering treaty thing, not Vietnamese.  Remember, Coca-Cola is sending home millions so there must be a way.   Keep detailed records.

HtotheIzzo

Moderated by Priscilla 8 years ago
Reason : personal attacks are not welcomed
THIGV

So many people prognosticate failure in marriage as if it is inevitable with a Vietnamese spouse.  After all my ex in the US now owns the house that I paid for.  You can get burnt either way.  Just go ahead and buy it if you feel you need to. 

What I find a little disturbing is that you seem to be anticipating a sure profit.  Looking at the recent trends that may be a bit much to hope for.

Guest2023

Profit can be made as long as you buy well and it's all about location,location,location. My ex gf just made 100 % profit on a block of land in just over 1 year, not in the city area but in D9.

hd375c

Hi Brian,

Hope you are well, wherever you are at the moment, where are YOU ?  If you are in Saigon, You and the Mrs are cordially invited to a wedding celebration tomorrow evening for a  British guy marrying a Vietnamese , sounds familiar eh ?

Take care and bye for now.............keep in touch.............Des   hd375c

Vietrick

What nationality are you?   In the US you can carry in any amount as long as it is declared and you support the profit with documentation.  WElls fargo has a cooperative relationship with Vinabank, I believe it is ( check with them....Wells)
The single thing you should do is check with both your home country banker (a real officer) and an attorney there.  Go to a vietnamese attorney who has experience.  My adopted Vietnamese son has multiple family members who have sold properties in Vietnam and taken profits to the US after he sponsored them.
I will inquire of him as well. 
I buy and sell land here and hand carry profits, declaring them.  I don't know where u are looking to buy, but be very careful.  Yes, location is number one but I have chosen properties based on the indicators that show likelihood of growth more than current escalating prices.  To each his own. Hoping for quick profit is not usually fruitful. 
I can show you a great property in Cam Ranh that is very near the train station....a new large station will be built that acts as a hub yard, replacing that of Nga Trang.  The massive land is only $3000 and is oh so attractive at first glance but further examination reveals it is zoned agricultural only.  That will change after some fat cats grab it but most of us do not have the money to influence decision makers.
Just be careful. I have run across forged titles.  Always take the seller to land office with you to confirm authenticity.

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