A real-life situation: Lan (Vietnamese) and her husband Pierre (French) want to buy an apartment in Ho Chi Minh City with both spouses named on the pink book. One broker says “foreigners can’t hold land titles,” another says “marrying a Vietnamese makes you just like a Vietnamese.” Which one reflects current law?
The core asymmetry: land and house are two different rights
To understand the joint pink book puzzle, you must separate the two rights the book records: land-use rights and ownership of the house attached to the land. Vietnamese law treats these two very differently when one party is a foreigner.
On land, the 2024 Land Law keeps a consistent principle: foreigners may not receive transfers of land-use rights in any form. On housing, the 2023 Law on Housing (effective 01/01/2025) opens the door: foreign individuals lawfully entering Vietnam may own houses, including condominium apartments and individual houses in projects, subject to defined limits. This difference decides whose name goes on which line of the pink book.
Condominium apartments: joint title is possible, with a quota
For an apartment in a commercial housing project, the answer is yes — both spouses can be co-named as house owners. But buyers should know the three limits applying to the foreign side: foreign organizations and individuals may own no more than 30% of the total apartments in one condominium building; ownership lasts a maximum of 50 years from the certificate issuance date, extendable; and the project must not sit in an area requiring national defense or security protection.
There is a special advantage for Lan’s case: a foreign individual married to a Vietnamese citizen is entitled to stable, long-term house ownership with the same rights as a Vietnamese citizen. In other words, thanks to a lawful marriage with a Vietnamese citizen, the foreign husband escapes the 50-year cap and is treated like a domestic owner for the couple’s apartment.
Houses attached to residential land: land in the Vietnamese name, house in both
The more complex scenario is buying a townhouse or a land plot with a house. Here, the land-use right can only be titled to the Vietnamese spouse — the foreigner can never appear on the land-use line. The house ownership attached to the land, however, may be registered in both spouses’ names.
In actual procedures, the registry issues a certificate naming the Vietnamese citizen as the land user while naming both spouses as house owners. The couple needs a lawful marriage certificate to prove the marital relationship and thereby establish the joint title over the house portion.
Three checks before placing a deposit
Before putting money down, a Vietnamese–foreign couple should run three checks. First, confirm the project is eligible for sale to foreigners and whether the building has hit the 30% cap — the developer is obliged to provide this information. Second, review the marriage certificate and the property’s legal status: is it mortgaged, disputed, or distrained? Third, agree in writing on the ownership ratio and the divorce scenario, because a jointly titled pink book does not automatically mean a fifty-fifty split if the marriage ends.
Legal basis
- 2023 Law on Housing (No. 27/2023/QH15, effective 01/01/2025) — Foreigners may own houses in Vietnam; 30% cap per condominium building; foreigners married to Vietnamese citizens enjoy stable long-term ownership like Vietnamese citizens.
- 2024 Land Law (No. 31/2024/QH15, effective 01/08/2024) — Foreigners may not receive transfers of land-use rights.
- Articles 33 and 34, 2014 Law on Marriage and Family — Land-use rights acquired after marriage are community property; certificates must name both spouses unless otherwise agreed.
Key takeaways
- A foreigner can never be named on the land-use rights line.
- Condominium apartments: joint title works, but check the building’s 30% quota.
- Marrying a Vietnamese citizen gives the foreigner stable long-term house ownership like a Vietnamese citizen.
- Always verify the property’s legal status before placing a deposit.
Frequently asked questions
1. My husband is a foreigner — can he be named on the land-use right?
No. Current land law does not allow foreigners to receive transfers of land-use rights in any form. On the couple’s joint pink book, the land-use line names only the Vietnamese spouse; the foreigner may appear on the house-ownership portion.
2. Buying a second apartment as a couple — does the 30% quota apply?
Potentially. The 30% limit counts all apartments in the building, not per buyer. Before buying, ask the developer to confirm how many units in that building have already been sold to foreign organizations and individuals, to see whether any room remains.
3. If we divorce later, what happens to the foreigner’s share of the house?
A house that is community property is divided by agreement or under the Law on Marriage and Family at divorce. After divorce, the foreigner may continue owning their share within legal limits or transfer it to an eligible person. Agreeing on this scenario in advance avoids prolonged disputes.
FLAT Law Firm accompanies Vietnamese–foreign couples from project legal checks and sale-contract drafting through to joint-title pink book procedures. Contact us for a comprehensive review before you place a deposit.
This article has been quality-reviewed by the FLAW AI Legal Council
