Rapid economic development in Vietnam has sparked worldwide interests among people outside of Vietnam, among which the most interested group is no doubt the overseas Vietnamese who still maintain close connections with Vietnam for various reason such as having family members living in Vietnam, having properties in Vietnam or simply sharing the culture because of family roots.
On the other hand, Vietnam, in an efforts to draw overseas talents and investments, has stepped up some policies and laws catering to the needs of overseas Vietnamese to facilitate their comeback and contribution in the economic and societal developments in Vietnam. It is not surprising to see Vietnam attract overseas Vietnamese when its economy is booming and roaring where talents and money are most important drivers. Similar pattern of development has seen in China, the giant neighbour of Vietnam in its north, when China started its reform and opening-up policies to development its own economy, and the overseas Chinese pool is the first resource Chinese govenment tapped and explored.
For millions of overseas Vietnamese, it is important for them to clear understand and identify whether they are legally considered "Overseas Vietnamese" or "Việt Kiều".
1. Understanding Who Overseas Vietnamese Are
"Overseas Vietnamese" is the common term for and equivalent to "Vietnamese people residing abroad". According to Clause 3, Article 3 of the 2008 Vietnamese Nationality Law, the term is defined as follows:
"Người Việt Nam định cư ở nước ngoài là công dân Việt Nam và người gốc Việt Nam cư trú, sinh sống lâu dài ở nước ngoài."
Basically, it says that "Overseas Vietnamese" are Vietnamese citizens and people of Vietnamese origin who reside and settle long-term in foreign countries. But the law doesn't go further to define or qualify "reside and settle".
Thus, overseas Vietnamese are understood to be Vietnamese people currently residing and living outside the territory of Vietnam. They may still hold Vietnamese nationality and/or hold the nationality of the country where they are residing.
Just for a simple comparison, to the best of our knowledge, in China, their definition of "overseas Chinese" are limited to those Chinese people residing in foreign countries who still have Chinese citizenship, excluding people of Chinese origin but holding foreign citizenship.
2. Distinguishing Between Overseas Vietnamese and People of Vietnamese Origin
We often get confused about the two concepts of "overseas Vietnamese" and "people of Vietnamese origin." So who are people of Vietnamese origin? How do overseas Vietnamese differ from people of Vietnamese origin?
People of Vietnamese origin are those individuals born abroad holding foreign nationality but whose father, mother, or both parents, or ancestors are Vietnamese citizens.
From the above definitions, we can easily distinguish the basic differences between overseas Vietnamese and people of Vietnamese origin based on place of birth and nationality:
Overseas Vietnamese are genrally considered to be Vietnamese citizens, meaning these individuals were born in Vietnam. However, due to work, study, or other reasons, they moved abroad to live.
People of Vietnamese origin are those born directly in foreign countries but have blood ties to Vietnamese parents, grandparents, etc.
That said, it shall be noted that under the new Vietnamese Nationality Law, "overseas Vietnamese" now covers both group of Vietnamese people described above.
3. What Policies Apply to Overseas Vietnamese?
As said at the start of this post, Vietnamese government is fully aware of the immense potential of the overseas diaspora of Vietnamese people who could make great contribution to the development of Vietnamese economy and social progress.
The Communist Party and State of Vietnam have tried to create favorable conditions through policies for overseas Vietnamese. Through these policies, overseas Vietnamese can easily carry out various activities in Vietnam in accordance with legal regulations.
Below are good examples of such favourable policies:
(1) Can Overseas Vietnamese Buy Houses in Vietnam?
According to Article 7 of the 2014 Housing Law, the following persona, natural or body corporate, are permitted to own houses in Vietnam:
Điều 7. Đối tượng được sở hữu nhà ở tại Việt Nam
- Tổ chức, hộ gia đình, cá nhân trong nước.
- Người Việt Nam định cư ở nước ngoài.
- Tổ chức, cá nhân nước ngoài quy định tại khoản 1 Điều 159 của Luật này
In English, Article 7 Subjects Permitted to Own Houses in Vietnam
1. Organizations, households, and individuals within the country;
2. Vietnamese citizens residing abroad (Overseas Vietnamese);
3. Foreign organizations and individuals as prescribed in Clause 1, Article 159 of this Law.
Thus, overseas Vietnamese fall squarely into the category of subjects permitted to own houses in Vietnam. Given the red hot property markets in Vietnam, overseas Vietnamese who have bought properties in the past must have made considerable gain and profits in property value.
Additionally, Vietnamese people residing abroad who are permitted to buy houses in Vietnam must also meet the conditions specified in Article 8 of the 2014 Housing Law:
- Be a person permitted to enter Vietnam;
- Own houses through the following forms: Purchase, lease-purchase of commercial housing from real estate businesses; purchase, receive as gift, inherit, or exchange housing from individuals or households; receive transfer of land use rights in commercial housing development projects permitted to sell land lots for self-built housing.
(2) How Long Can Overseas Vietnamese Own Houses?
It is known that in Vietnam, land bleongs to the People represented by the State. Foriegners are often restricted in respect of the time period of their ownership of Vietnamese properties.
According to the 2014 Housing Law, overseas Vietnamese are permitted to own houses in Vietnam without time limitations, with stable, long-term ownership, except in cases specified in Article 123 of the 2014 Housing Law where house ownership will have a term according to the purchase contract. This is a huge favor compared to foreigners who buy properties in Vietnam.
Specifically, in transactions involving transfer of land use rights, land lease rights, and attached assets, the seller may sell to the buyer for a specific term as agreed in the purchase contract.
Thus, Vietnamese citizens residing abroad are not limited in terms of time when owning houses in Vietnam, except when conducting house purchase transactions or transferring commercial house purchase contracts with terms as agreed in the purchase contract.
(3) Can Overseas Vietnamese Obtain Chip-Based Citizen Identity Cards?
According to Clause 1, Article 19 of the Citizen Identity Law of Vietnam, Vietnamese citizens from 14 years of age are issued Citizen Identity Cards.
At the same time, overseas Vietnamese are considered Vietnamese citizens if they still hold Vietnamese nationality. Therefore, if a Vietnamese person residing abroad still retains Vietnamese nationality and is 14 years of age or older, they will still be issued a chip-based Citizen Identity Card in accordance with legal regulations.
(4) Can Overseas Vietnamese Establish Companies in Vietnam?
Currently, there are no regulations prohibiting overseas Vietnamese from establishing businesses in Vietnam. However, under the 2020 Enterprise Law of Vietnam, it is necessary to determine which of the following two cases an individual overseas Vietnamese falls under when establishing a company to carry out appropriate legal procedures:
(i) Overseas Vietnamese still holding Vietnamese nationality are treated as ordinary domestic investors, enjoying the same rights, benefits, and obligations as other Vietnamese individuals and organizations within the country.
(ii) Overseas Vietnamese no longer holding Vietnamese nationality are treated as foreigners and may only establish businesses in the form of joint-stock companies, partnerships, or limited liability companies, as mentioned above.
4. Conclusion
Through this article, we have gained a clearer understanding of who overseas Vietnamese are as well as the common policies related to our compatriots abroad. From this, Vietnamese citizens residing abroad can more easily access, grasp, and understand regulations in Vietnam.
At the same time, this also helps Vietnamese sons and daughters far from their homeland have opportunities and favorable conditions to participate in the national economy and contribute to the overall development of their homeland.
Comments