Vietnam and China are both destinations for cross-border capital and labour flows, but the two countries built their foreign real estate ownership regimes on very different foundations. For investors, professionals and families with Vietnam–China elements, understanding this difference correctly avoids costly wrong expectations — such as assuming that "buying a home in China is like buying a home in Vietnam".
This article compares the legal frameworks of the two countries along these axes: the land ownership regime, eligible subjects and caps, ownership terms, and payment/foreign exchange administration. For market context, see our real estate, construction and projects coverage.
Table of contents
- 1. Foundations: the land ownership regimes of the two countries
- 2. The Vietnamese side: foreign individuals may own housing with clear caps
- 3. The Chinese side: city-by-city restrictions + foreign exchange administration
- 4. Consolidated comparison by axis
- 5. Terminology cross-reference Vietnam–China
- 6. Practical notes for Chinese buying in Vietnam (and vice versa)
- 7. Frequently asked questions
1. Foundations: the land ownership regimes of the two countries
Vietnam: land is under whole-people ownership, with the State as the representative owner and unified manager. Individuals and organisations do not own land; they hold land use rights — term-limited or long-term depending on the land type. "Real estate ownership" by foreigners in Vietnam is in substance the ownership of housing attached to term-limited land use rights.
China: urban land is state-owned (whole-people ownership), rural land is collectively owned. Individuals and organisations hold only term-limited land use rights (LUR), established through granted land for consideration (出让). Housing on the land is the private property of the homeowner, but the land use right beneath it is term-limited.
The common point: in both countries, foreigners cannot "own land" in the absolute sense — every transaction revolves around housing and the accompanying term-limited land use right.
2. The Vietnamese side: foreign individuals may own housing with clear caps
The Law on Housing No. 27/2023/QH15 (effective 1 August 2024) provides in Articles 17 and 19: foreign individuals permitted to enter Vietnam may own housing in Vietnam, including condominiums and separate houses in housing construction investment projects.
The limits apply uniformly nationwide (Article 19):
- Condominiums: no more than 30% of the apartments in one condominium building (including social housing converted to commercial housing in the same building — detailed application should be checked against guidance documents).
- Separate houses: no more than 250 units in an area with a population equivalent to a ward-level administrative unit.
- Ownership term (Article 20): a maximum of 50 years from the certificate issuance date; on expiry, if still needed, it may be extended once for no more than 50 years.
Foreign organisations need careful distinction between three subject groups in Article 15 of the 2023 Law on Real Estate Business — the easiest point to get wrong:
- Clause 3 — foreign-invested economic organisations (FDI enterprises operating lawfully in Vietnam within their operation term): may buy or lease housing for use; may lease housing for business; may buy or lease construction works and floor areas in a project developer's construction works for use in line with the proper function serving their operations; may lease construction works and floor areas for sublease in line with the proper function.
- Clause 4 — foreign organisations and foreign individuals (not FDI enterprises): may only lease houses, construction works and floor areas for use in line with the proper function, and lease for sublease — they may not buy or hire-purchase construction works for ownership under this framework.
- Clause 2 — reference to the law on housing: the purchase of housing by foreign organisations and individuals follows the law on housing. In other words, foreign organisations may still own housing in projects under the 2023 Law on Housing (within the statutory caps and terms), but may not buy construction works in general for ownership under the Law on Real Estate Business.
So the answer to "can a foreign organisation buy housing in Vietnam" depends on which type of organisation and housing versus construction works — it cannot be answered with an absolute "yes" or "no" for every case.
The strength of the Vietnamese framework: clear, nationwide, written in statute — investors can calculate a project's remaining "room" before deciding.
3. The Chinese side: city-by-city restrictions + foreign exchange administration
China has no unified statute prescribing "how many homes a foreigner may buy" like Vietnam. Instead there are home purchase restriction policies (限购) issued by each city, within the orientation that "houses are for living in, not for speculation":
- Major cities (Beijing, Shanghai, Shenzhen…) maintain strict conditions: household registration, continuous social insurance payment periods, unit quantity limits — applied to both non-local Chinese and foreigners.
- Foreigners may in principle only buy homes for self-occupation, subject to local housing administration control.
On the land use right term: 70 years for residential land, 50 years for industrial land, 40 years for commercial, tourism and entertainment land, counted from the date the developer was granted the land. When the residential term expires, China's civil law provides for renewal, but practical application differs between localities.
On foreign exchange — the noteworthy new development: on 15 September 2025, China's State Administration of Foreign Exchange (SAFE) issued the Notice on deepening foreign exchange administration reform for cross-border investment and financing, which facilitates foreign exchange settlement and payment when foreigners buy homes in China: the "settle first, supplement documents later" (先结后补) mechanism piloted in the Guangdong–Hong Kong–Macao Greater Bay Area was expanded nationwide — buyers may settle and pay on the basis of the sale contract before obtaining the home-purchase eligibility certificate. However, SAFE stressed at the same time: this only optimises the payment procedure and does not change the current conditions, quantities and purposes of foreigners' home purchases.
4. Consolidated comparison by axis
Axis 1 — Land ownership regime
| Vietnam | China | |
|---|---|---|
| Land owner | Whole-people ownership, State as representative owner | Urban land state-owned; rural land collectively owned |
| User's right | Land use right (term-limited or long-term depending on land type) | Term-limited land use right (LUR), established through granted land for consideration (出让) |
| Housing on the land | Property of the homeowner | Private property of the homeowner |
Key common point: in both countries, foreigners cannot own land in the absolute sense — every transaction revolves around housing and the accompanying term-limited land use right. This is a fundamental difference from freehold systems.
Axis 2 — Eligible subjects and caps
| Vietnam | China | |
|---|---|---|
| Foreign individuals | May own housing in projects (individuals permitted to enter) | May buy homes, mainly for self-occupation |
| Caps | Uniform nationwide in statute: 30% of apartments per condominium; 250 units per ward-equivalent area | Set by each city: household registration, social insurance payment periods, unit quantity limits |
| Foreign organisations | Foreign-invested economic organisations: buy/lease housing for use, lease for business (Clause 3, Article 15, 2023 Law on Real Estate Business); other foreign organisations: only lease for use in line with the proper function (Clause 4); housing purchases follow the law on housing (Clause 2) | Similar restrictions, managed per locality |
| Management mechanism | Rules written in statute, uniform nationwide | City-by-city home purchase restriction policies (限购) |
Vietnam's strength is predictability: investors can calculate a project's remaining "room" before deciding, rather than depending on locally shifting policies as in China.
Axis 3 — Ownership term and land use right duration
| Vietnam | China | |
|---|---|---|
| Foreigner's housing ownership term | 50 years from the certificate issuance date; one extension of no more than 50 years | Residential land use right 70 years; industrial land 50 years; commercial, tourism and entertainment land 40 years |
| Renewal mechanism | Clearly stated in statute (Article 20, 2023 Law on Housing) | Civil law provides for residential land renewal, but practical application differs between localities |
Note: China's 70/50/40-year terms run from the date the developer was granted the land, not from the date the buyer receives the home — the actual remaining land use right when buying a resale may be significantly shorter than the nominal figure.
Axis 4 — Payment and foreign exchange administration
| Vietnam | China | |
|---|---|---|
| Payment administration | Under Vietnam's foreign exchange regulations; payment via banks with full documentation | Strict foreign exchange control; outward remittance for home purchase subject to SAFE control |
| New development | — | 15/9/2025: SAFE issued the reform notice, expanding nationwide the "settle first, supplement documents later" (先结后补) mechanism for foreigners buying homes — payment procedure optimisation only; no relaxation of purchase conditions, quantities or purposes |
5. Terminology cross-reference Vietnam–China
| Vietnamese | English | 中文 |
|---|---|---|
| Quyền sử dụng đất | Land use right (LUR) | 土地使用权 |
| Sở hữu nhà ở | Homeownership | 房屋所有权 |
| Hạn chế mua nhà | Home purchase restriction | 限购 |
| Thanh toán trước, bổ sung hồ sơ sau | Settle first, supplement documents later | 先结后补 |
| Kết hối | Foreign exchange settlement | 结汇 |
| Tổ chức kinh tế có vốn đầu tư nước ngoài | Foreign-invested enterprise | 外商投资企业 |
| Giấy chứng nhận quyền sử dụng đất, quyền sở hữu tài sản gắn liền với đất | Land use right and property ownership certificate | 不动产权证书 |
6. Practical notes for Chinese buying in Vietnam (and vice versa)
Chinese buying homes in Vietnam:
- Only housing in projects may be bought — no standalone residential land outside projects for ownership in their name.
- Check whether the project still has foreign "room" (30%/250 units) — ask the developer for written confirmation.
- Factor the 50-year term and single extension into long-term holding plans, especially for investment purposes.
- Payments comply with the foreign exchange regulations of both countries; remitting funds out of China to buy a home is subject to SAFE control.
Vietnamese buying homes in China:
- Identify the purchase restriction policy of the specific city — there is no uniform nationwide rule.
- Prepare documents proving eligibility (residence periods, social insurance payments…) as required locally.
- Use the new payment facilitation mechanism (9/2025) but note that all purchase conditions must still be met.
- Research the locality's land use right renewal mechanism on expiry, because application is not uniform.
In both directions, setting up a local legal presence (company) in the host country should be aligned with the FDI company setup roadmap in Vietnam and the charter capital and investment capital of FDI enterprises, or the corresponding local counsel — a company should not be used to "circumvent" individual ownership restrictions where the law does not permit it. Before committing funds, cross-check the whole file against our legal checklist for foreign investors.
7. Frequently asked questions
Can foreigners own housing in Vietnam?
Yes, with conditions and limits. Under the Law on Housing No. 27/2023/QH15, foreign individuals permitted to enter Vietnam may own housing (condominiums and separate houses in projects). Limits: no more than 30% of the apartments in one condominium building, no more than 250 separate houses in an area with a population equivalent to a ward-level administrative unit; maximum ownership term of 50 years, extendable once for no more than 50 years.
Can foreign organisations buy housing in Vietnam?
It depends on the type of organisation and the type of real estate. Under Article 15 of the 2023 Law on Real Estate Business: (1) foreign-invested economic organisations (Clause 3) may buy or lease housing for use and lease housing for business; (2) foreign organisations and foreign individuals (Clause 4) may only lease houses, construction works and floor areas for use in line with the proper function or for sublease — they may not buy or hire-purchase construction works for ownership; (3) the purchase of housing by foreign organisations and individuals follows the law on housing (Clause 2 refers to the 2023 Law on Housing).
Are foreigners restricted when buying homes in China?
Yes. China applies home purchase restriction policies set by each city. In September 2025, China's State Administration of Foreign Exchange issued a notice facilitating foreign exchange settlement for foreigners buying homes (the "settle first, supplement documents later" mechanism expanded nationwide), while confirming no change to the current conditions, quantities and purposes of home purchases.
How long is the residential land use term in China?
70 years for residential land, 50 years for industrial land, 40 years for commercial, tourism and entertainment land. Individuals and organisations hold only term-limited land use rights; the housing on the land belongs to the homeowner.
What is the biggest difference between Vietnam and China on foreign real estate ownership?
Three points: (1) Vietnam sets uniform nationwide statutory caps; China manages through city-by-city restriction policies. (2) Vietnam: foreign individuals may own housing for 50 years with one extension; China: residential land use right of 70 years. (3) Foreign organisations in Vietnam: foreign-invested economic organisations (may buy/lease housing for use, lease for business) are distinguished from other foreign organisations (may only lease for use in line with the proper function) — see section 2 for detail.
What should Chinese buyers note in particular when buying homes in Vietnam?
Only housing in projects may be bought; check the project's remaining foreign quota (30%/250 units); factor in the 50-year ownership term and single extension; payments comply with the foreign exchange regulations of both countries.
Contact FLAT — hotline 0988424851 for advice on housing ownership conditions in Vietnam for foreigners and on Vietnam–China cross-border transaction structures.
Language versions
References
- Law on Housing No. 27/2023/QH15
- Law on Real Estate Business No. 29/2023/QH15
- Notice of China's State Administration of Foreign Exchange on deepening foreign exchange administration reform for cross-border investment and financing (国家外汇管理局关于深化跨境投融资外汇管理改革有关事宜的通知, 15/9/2025)