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越南考虑禁止外国人购买独栋住宅Vietnam weighs barring foreign purchases of houses

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2024年4月,河内一条街道两旁排列着Vinhomes开发的住宅。一项拟议的住房法修订将阻止大多数外国人购买带地住宅,同时保留其购买公寓的权利。© 路透社Houses developed by Vinhomes line a street in Hanoi in April 2024. A proposed housing law revision would prevent most foreigners from buying landed homes while preserving access to apartments. © Reuters

胡志明市——越南提出禁止外国人购买独栋住宅,仅允许他们购买公寓。

HO CHI MINH CITY -- Vietnam has proposed barring foreigners from buying single houses, allowing them to only purchase apartments instead.

该住房法修订草案预计将在国会下次会议期间进行审议,会议定于10月17日至11月20日举行。此前,该草案已于本月初获得立法机构常务委员会的初步审议。

The proposed revision to the housing law is expected to be taken up by the National Assembly during its next session, scheduled to run from Oct. 17 to Nov. 20, after having received preliminary review from the legislature's Standing Committee earlier this month.

该举措不会改变越南长期坚持的原则,即土地由人民全民所有并由国家统一管理。相反,它将取消目前对外国人开放的一种住房所有权形式,即在获批住宅开发项目中的独栋住宅。

The move would not change Vietnam's longstanding principle that land is owned collectively by the people and administered by the state. Instead, it would remove a category of home ownership currently available to foreigners, namely landed houses within approved residential developments.

该提案源自7月28日发布的《决议21号》,这是一份共产党指令,其中指出越南“绝对不能私有化土地,也不允许以任何形式让外国人获得土地使用权的转让”。起草人在修订法律过程中多次引用该指令。

The proposal stems from Resolution 21, a Communist Party directive issued on July 28 that says Vietnam "absolutely cannot privatize land and must not allow foreigners to receive the transfer of land use rights in any form." Drafters have repeatedly cited the directive while revising the law.

该党表示,“土地投机和土地持有扭曲了市场,推高”房价,远超“人民的承受能力”。该决议强调,“拥有居住权”是首要任务,特别是新建公寓和租赁住房。

The party said "land speculation and landholding distorts the market, pushing" prices far past "the ability of the people to pay." The priority is "the right to have a place to live," especially building new apartments and rental housing, the resolution said.

随着越南经济高速增长,该国作为重要的制造业中心,房地产市场迅速升温,房价飙升至中位数收入的19倍以上。Avison Young越南和柬埔寨首席执行官David Jackson表示,该草案法律“可能会对面向国际买家的豪华别墅和度假村开发产生一定影响”。外国人曾购买海滨房产作为度假住宅或出租给游客。一家海滨项目的开发商表示,虽然他的许多客户是越南人,但该拟议限制“毫无帮助”。

With high economic growth in Vietnam, a major factory hub, the country's real estate market has taken off, sending home prices soaring to more than 19 times median incomes "There could be some impact on luxury villas and resort developments targeting international buyers," David Jackson, CEO of Avison Young Vietnam and Cambodia, said of the draft law. Foreigners have bought beach houses as vacation homes or to rent to tourists. A developer at one seaside project said many of his clients were Vietnamese but that the proposed restriction "doesn't help."

Jackson表示,“更大的担忧是,更严格的限制可能会促使更多买家转向其他安排方式,从而降低市场透明度并增加法律风险。”他指出,外国买家曾通过使用代名人、公司结构和授权书来获得土地所有权的途径,尽管此类安排存在法律风险,且不一定能确认所有权。

Jackson said a "bigger concern is that tighter restrictions could push more buyers toward alternative arrangements, reducing market transparency and increasing legal risks." Foreign buyers have used nominees, corporate structures and powers of attorney to gain access to landed property, he said, although such arrangements carry legal risks and do not necessarily confer ownership rights.

越南面临市场错位:当地人渴望负担得起的住房,但企业却在建设昂贵的公寓。CBRE越南住宅项目营销负责人Vo Huynh Tuan Kiet表示,修订后的法律可能会将外国买家从住宅房转向供应过剩的单元。

Vietnam faces a market mismatch, whereby locals want affordable homes, but businesses construct pricey flats. CBRE Vietnam head of residential project marketing Vo Huynh Tuan Kiet said the revised law could shift foreigners away from houses and toward the oversupplied units.

尽管这个共产主义国家已转向资本主义数十年,包括向外国人开放若干行业,但土地仍是受最严格保护的领域之一。

While the communist country has been transitioning to capitalism for decades, including opening sectors to foreigners, land remains one of the most tightly-guarded areas.

2014年版住房法赋予非公民购买公寓和土地房产的广泛权利。但若新修订案获批,将实际上关闭大多数外国人购买土地房产的大门,从而部分逆转该政策,同时保留其购买公寓的途径。

The 2014 version of the housing law introduced broad rights of non-citizens to buy flats and landed property. But the new revision, if approved, would mark a partial reversal of that policy by effectively closing the door to new purchases of landed homes by most foreigners while preserving access to apartments.

最近的修订草案日期为9月13日,排除了关于土地的内容。相反,它指出,“外国组织和个人有权通过购买或签订租购协议拥有公寓”,无论是从开发商或其他所有者处购买,还是通过接受公寓作为礼物或继承获得。

The recent draft amending the law, dated Sept. 13, excludes the about land. Instead it says, "Foreign organizations and individuals are entitled to own apartments by purchasing or entering into lease-purchase agreements" for homes from developers or other owners, or by receiving apartments as gifts or inheritance.

胡志明市的公寓楼。该拟议法律将保留外国人对公寓的所有权,同时禁止新购买带土地的住宅。如果该法律被国民议会通过,将于3月1日生效。

Apartment buildings in Ho Chi Minh City. The proposed law would preserve foreign ownership of apartments while barring new purchases of landed homes. The law would take effect on March 1 if passed by the National Assembly.

如果出现这种情况,现有所有者可能会被纳入过渡条款,APFL Partners律师事务所的陈龙表示。他预计将有一项过渡条款,“将允许已经拥有附带土地的私人住宅的外国人继续保持所有权”,这意味着即使新法律不再允许新购买,他们仍将“受到保护”,他说。

If that happens, current owners are likely to be grandfathered in, says Tran Long of law firm APFL Partners. He expects a transitional provision that "will allow foreigners who already own private houses attached to land to continue holding ownership rights," meaning they will remain "protected even if the new law no longer allows new purchases," he said.

至于未来购买公寓的人,他们“将获得记录外国买家公寓所有权的产权证书”,并拥有“使用、出售、出租、赠与、继承或抵押该公寓的权利”,他对《日经亚洲》表示。

As for those buying apartments going forward, they "will be issued with a title certificate recording the foreign buyer's apartment ownership" with "the right to use, sell, lease, donate, bequeath, or mortgage the apartment," he told Nikkei Asia.

共产党表示,土地是集体管理下的公共财产,尽管个人可以使用它。

The communist party said that land is public property under collective management, even though individuals can use it.

“土地属于全体人民,国家作为代表所有者行事,”《21号决议》如是说。它补充道,“土地是国家的特殊资源,也是人们生活和发展的空间。”目前,任何公寓楼中可由外国人拥有的比例为30%。更新后的法律将保留这一上限。一项较早的规定,即非公民在单个开发项目中可拥有的住房不超过250套,将不再适用。外国人将继续有权将其房产出租给租户,但仍被禁止在因国防或国家安全事由被视为敏感的地区拥有房地产。

"Land belongs to all the people, with the state acting as the representative owner," Resolution 21 said. It added, "Land is a special resource of the nation and a space for living and development." Currently, the share of any apartment block that can be owned by foreigners is 30%. The updated law would retain that cap. An older provision, stating that non-citizens could own up to 250 houses in a single development, would no longer be relevant. Foreigners would continue to have the right to lease out their property to tenants, while still being prohibited from owning real estate in regions deemed sensitive due to matters of national defense or national security.

政府重申了党的立场,称投机行为已成为“操纵者的游戏”,这加剧了不平等,并将资源从生产、创新和生产性活动中转移出去。

The government reiterated the party position, saying speculation has become a "game of manipulators" that increases inequality and diverts resources from production, innovation and productive activity.

“与许多承认私人土地所有权的国家不同,越南宪法确认土地属于全体人民所有,”政府在10月1日的声明中表示。

"Unlike many countries that recognize private ownership of land, the Vietnamese constitution affirms that the land is owned by the whole people," the government said in a statement on Oct. 1.