Việt kiều bán nhà đất tại Việt Nam: Thủ tục, thuế và cách chuyển tiền ra nước ngoài (Luật sư Lê Bình Phương phân tích)Overseas Vietnamese Selling Property in Vietnam: Procedure, Taxes and Transferring Money Abroad (Analysis by Lawyer Lê Bình Phương)

Reference translation for convenience. The Vietnamese version is the authoritative text.

Overview

After inheriting property or holding it for some time, many overseas Vietnamese eventually need to sell real estate in Vietnam — to repatriate funds, to divide an estate among children, or simply because they no longer need assets in Vietnam.

The first question is usually: “What taxes do I have to pay?” And an equally important question: “Can I send the proceeds abroad?”

Both have clear answers under current law — the process is not as complicated as many people imagine. But there are a few points worth knowing in advance.

🌐 For overseas Vietnamese readers — English summary

Overseas Vietnamese Selling Property in Vietnam: Procedure, Taxes & Sending Money Abroad

Quick answer: Two main taxes apply — 2% personal income tax (seller pays) and 0.5% registration fee (buyer pays). Total taxes and fees run roughly 2.5–3% of the transaction value. Sale proceeds can be sent abroad through the banking system with proper documentation.

Key points:

• 5-step process from preparation through title transfer to receipt of funds.

• Three options for transferring proceeds abroad: direct SWIFT wire, hold in a Vietnamese account, or reinvest in Vietnam.

• Spousal consent in writing is required when the property was acquired during marriage — even if title is in one name only.

• Do not under-report contract price for tax savings — it complicates outbound money transfer (bank will scrutinize discrepancies).

• Total timeline from contract signing to funds received abroad: typically 4–8 weeks.

Legal basis: Land Law 2024 (Articles 44, 45); Personal Income Tax Law; Foreign Exchange Ordinance and implementing regulations.

Contact: Master – Lawyer Le Binh Phuong | Phone/Zalo: +84 966 45 45 45 | Ho Chi Minh City, Vietnam | Remote consultation available for clients abroad. Can represent the entire transaction via consularized power of attorney.

Relevant Legal Provisions

Right to transfer — Land Law 2024

Article 44, clause 2, point b of the Land Law 2024:

“Transfer of residential land use rights when selling, gifting, bequeathing, or exchanging residential property with organisations, individuals, and persons of Vietnamese origin residing abroad who are eligible to own housing in Vietnam…”

Overseas Vietnamese within the category set out in Article 44, clause 1 have the right to transfer residential property together with the associated residential land use rights. This is a full legal right — no different from domestic citizens in terms of carrying out the transaction.

Article 44, clause 3 of the Land Law 2024 — those who do not qualify to hold title may still sell:

“Where all persons inheriting land use rights… are foreigners or persons of Vietnamese origin residing abroad who do not qualify to own housing attached to residential land use rights in Vietnam… the inheriting persons may not be issued a Certificate of Land Use Rights but may transfer or gift the inherited land use rights…”

This provision is important: even overseas Vietnamese who do not qualify to hold registered title still have the right to transfer and to receive monetary value.

Conditions for transfer — Article 45

Article 45, clause 1 of the Land Law 2024: a transfer requires: (a) a Certificate of Land Use Rights; (b) land not subject to a dispute; (c) land use rights not under enforcement attachment; (d) the land still within the period of use; (e) land use rights not subject to a provisional emergency measure.

Tax framework — Personal Income Tax Law and implementing instruments

Personal income tax on real estate transfers: 2% of the transfer price (under the Personal Income Tax Law and current implementing decrees). This applies to Vietnamese nationals, persons of Vietnamese origin residing abroad, and foreigners when transferring real estate in Vietnam.

Registration fee: 0.5% of the property value. Paid by the buyer at the time of title transfer.

Right to transfer money abroad — Foreign Exchange Ordinance

The Foreign Exchange Ordinance and implementing instruments permit individuals to transfer money abroad for lawful purposes — including proceeds from the sale of real estate in Vietnam. Requirement: documentation proving the lawful origin of the funds.

Analysis and Application

The 5-step process for selling property

Step 1 — Prepare the legal documents.

For the property: original Certificate of Land Use Rights; confirmation from the commune-level People’s Committee (UBND cấp xã) that the land is not subject to a dispute; planning confirmation (if required); confirmation that non-agricultural land tax obligations have been settled (if any).

For the overseas Vietnamese seller: foreign passport (and Vietnamese passport if dual nationality is retained); documents proving Vietnamese origin; a document confirming marital status (especially if the property was acquired during the marriage — written spousal consent to the transfer will be required).

Step 2 — List the property, find a buyer, and negotiate the price.

Market price references: Batdongsan.com.vn, Chợ Tốt Real Estate, licensed brokers. If you are not in Vietnam, you may authorise a lawyer or a trusted family member to act as intermediary with prospective buyers. The deposit agreement typically covers 5–10% of the value and may be set higher for large transactions.

Step 3 — Sign the transfer agreement at a Notarial Office.

This is the most important step from a legal standpoint. Both parties attend a Notarial Office in the locality where the property is situated. The Notarial Office checks the documents, reads the contract to both parties, confirms their consent, and notarises the agreement.

If you cannot return to Vietnam, you may act through a representative — but a clearly worded power of attorney consularised at a Vietnamese diplomatic mission abroad must be prepared in advance, expressly authorising the representative to sign the transfer agreement. Some Notarial Offices still require the seller to be present in person for high-value transactions — check this beforehand.

Step 4 — Pay taxes and fees.

After notarisation, the parties pay:

• Seller’s personal income tax: 2% × the transfer price stated in the contract (or the state tax base price if higher). Payable at the district Tax Sub-Department or through the banking system.

• Buyer’s registration fee: 0.5% × the property value.

• Notarisation fee under the fee schedule (typically a few million VND for transactions in the tens of billions).

• Title transfer registration fee and document review fee at the land registry.

Step 5 — Register the title transfer and receive payment.

Submit the documents to the land registration authority to update the land use rights in the buyer’s name. Concurrently, the buyer typically transfers the remaining balance under the agreed arrangement (for example 90% upon completion of the title transfer, with 10% already paid as a deposit).

The funds should be deposited into the overseas Vietnamese seller’s bank account in Vietnam — do not accept cash for large transactions, as it will be difficult to prove the origin of the funds when transferring abroad later.

Transferring proceeds abroad — 3 options

Option A — Direct transfer via a Vietnamese bank.

Attend the bank where you hold an account and complete the international money transfer procedure. Documents required: (1) original notarised transfer agreement; (2) personal income tax payment receipt; (3) passport and personal identity documents; (4) confirmation of the overseas receiving account. International transfer fee varies by bank — typically 0.1–0.3% of the value.

This is the most common and legally straightforward method.

Option B — Open an account in Vietnam in the overseas Vietnamese’s name and retain the funds there.

The proceeds remain in your Vietnamese account, earning Vietnamese interest rates (usually higher than USD/EUR rates). Transfer amounts as needed. Suitable if you plan to return to Vietnam regularly or continue investing there.

Option C — Purchase other assets in Vietnam.

Instead of transferring abroad, reinvest in other real estate, make a long-term deposit, or purchase Government bonds. Note: foreign exchange control regulations regarding future outbound transfers should be reviewed if this option is chosen.

Special note — property acquired during the marriage

If the property was acquired during your marriage (including while living abroad), it is in principle jointly owned marital property under the Law on Marriage and Family 2014 — even if the title certificate names only one spouse. When selling, the written consent of the other spouse is required.

If the overseas Vietnamese was divorced abroad and marital property was divided by a foreign court — the foreign divorce judgment or order must be recognised in Vietnam (or a document proving which party owns the Vietnamese assets must be produced) before the sale can proceed.

Real-World Situations

Case 1 — Mr M., 60 years old, resident in the United States, selling an inner-city townhouse in Ho Chi Minh City for VND 20 billion. Mr M. inherited the property from his father in 2019 and has held title for six years. In 2026 he wishes to sell and send the proceeds to the United States to help his child buy a home in California. Process: Mr M. returned to Vietnam for ten days to complete the transaction. Total charges: personal income tax VND 400 million (2% × VND 20 billion); registration fee VND 100 million (paid by the buyer but sometimes shared by agreement); notarisation and title transfer fees approximately VND 30 million. Mr M. received VND 19.57 billion into his Vietnamese account (after the seller’s taxes). He then transferred the funds to the United States through the bank’s SWIFT system — international transfer fee approximately VND 70 million (0.35%). Total process from contract signing to receipt of funds in the United States: five weeks.

Case 2 — Ms N., 70 years old, resident in France, unable to return to Vietnam due to her health. Ms N. owned an inherited property in Đà Nẵng she wished to sell. She executed a power of attorney in favour of her nephew in Vietnam — drawn up by a notaire in France, translated into Vietnamese, and consularised at the Vietnamese Consulate General in Paris. Her nephew signed the transfer agreement on her behalf at the Đà Nẵng Notarial Office. The funds were received into Ms N.’s Vietnamese bank account (opened on a previous visit), and her nephew then arranged the international transfer to France under the power of attorney. Total process: eight weeks (longer due to the intermediary and the initial consularisation procedure).

Case 3 — Mr T., a dual German-Vietnamese national whose wife is Vietnamese (still residing in Vietnam). The property is titled in Mr T.’s name but was acquired during the marriage. His wife initially refused to consent to the sale. Following legal advice, the couple executed a written agreement dividing the jointly owned property — the wife retained half, and Mr T. sold his share. In practice, the wife signed as “co-owner” on the transfer agreement covering the entire property, and the couple then divided the proceeds in proportion. More complex, but it avoided subsequent legal disputes.

Frequently Asked Questions

What taxes must overseas Vietnamese pay when selling property in Vietnam?

→ Two main taxes plus fees.

According to lawyer Lê Bình Phương, the seller pays 2% personal income tax on the transfer price. The buyer pays a 0.5% registration fee. There are also notarisation and title transfer registration fees — typically totalling less than 1% of the transaction value. For a property valued at VND 10 billion, all charges combined amount to approximately VND 230–270 million.

Can overseas Vietnamese transfer the sale proceeds abroad?

→ Yes, there is a clear procedure.

According to lawyer Lê Bình Phương, the Foreign Exchange Ordinance and its implementing instruments permit individuals to transfer money abroad for lawful purposes, including proceeds from the sale of real estate. Documents required: notarised transfer agreement, personal income tax payment receipt, personal identity documents, and overseas account details. International transfer fees vary by bank — typically 0.1–0.3%.

Do overseas Vietnamese need to return to Vietnam in person to complete the sale?

→ Either in person or by power of attorney — in person is simpler.

According to lawyer Lê Bình Phương, the preparatory steps can be done remotely. The notarisation step can be handled by a representative — provided the power of attorney, consularised at the relevant overseas mission, clearly authorises the representative to sign the transfer agreement. However, many Notarial Offices are cautious with high-value transactions — returning to Vietnam for one to two weeks is the most practical and safest approach.

Is there a tax exemption when selling inherited property received from parents?

→ Exempt when receiving the inheritance, but tax applies when selling.

According to lawyer Lê Bình Phương, personal income tax is waived when receiving an inheritance from parents to children (first-class heirs). However, when you sell the inherited property, 2% personal income tax on the transfer price is still payable — because this is a new transfer transaction. Exception: if the property is the sole residential property owned for more than six months and is sold for relocation purposes, an exemption may apply under specific provisions of the Personal Income Tax Law — this must be checked against the particular circumstances.

Important Notes

The contract price and the actual price — a sensitive area. An old market practice is to record a price lower than the actual one on the contract to reduce taxes. This is a significant risk for overseas Vietnamese: if discovered, back taxes and penalties may be assessed. More importantly, when you need to transfer money abroad, the bank compares the contract price against the total amount being transferred; a large discrepancy will raise suspicion and may lead to the bank refusing the transfer. Recommendation: record the actual price and pay taxes correctly — it avoids problems later.

Check for outstanding land tax arrears before selling. If the property has unpaid non-agricultural land taxes from prior years, the tax authority may refuse to process the transfer documents. Overseas Vietnamese living far away often have no knowledge of such arrears. Check in advance through a family member in Vietnam or directly at the Tax Sub-Department for the locality where the property is situated.

Power of attorney procedures require special care. The power of attorney must clearly specify: who is authorised, what they are authorised to do (sign the contract, receive the funds, transfer the funds), and the duration of the authority. Do not use a generic form stating “authority to carry out all procedures on my behalf” — the Notarial Office may reject it. It is best to have a lawyer draft it.

Spousal consent — avoid post-divorce disputes. If the property was acquired during the marriage, written consent from the co-owning spouse is required, even if the couple is separated. Selling without consent may lead a court to declare the transaction void if the other spouse brings a claim later.

Retain documents for at least ten years. After the sale and the international transfer, keep: the notarised transfer agreement, the tax payment receipt, and the international transfer confirmation. These documents may be needed for tax procedures in the country of residence (reporting foreign income) or for future legal disputes.

Related Articles

Further analysis on overseas Vietnamese and real estate by lawyer Lê Bình Phương:

• Overseas Vietnamese inheriting property in Vietnam — rights and the process

• Overseas Vietnamese buying property in Vietnam 2026 — rights and conditions

• Can overseas Vietnamese hold registered title to land in Vietnam?

• If someone else holds title on your behalf — can you recover the land?

• Overseas Vietnamese making a will to leave assets in Vietnam

Conclusion

Selling property in Vietnam as an overseas Vietnamese — the process is not as complicated as many people think. Four key points: (1) 2% personal income tax and 0.5% registration fee are the main charges; (2) the contract must be notarised in the locality where the property is situated; (3) funds are received into a Vietnamese bank account and then transferred abroad through a clear procedure; (4) jointly owned marital property must be handled correctly.

The ideal plan: return to Vietnam for about two weeks to complete the contract signing and title transfer, then return to your country of residence and arrange the international transfer from there. The full process from start to receipt of funds abroad typically takes four to eight weeks.

Avoid the two most common pitfalls: recording a price lower than the actual amount on the contract (which creates difficulties when transferring abroad) and failing to obtain the spouse’s written consent (risk of a subsequent legal dispute).

For detailed advice on the sale procedure and money transfer process specific to your situation, please contact MBA., Esq. Lê Bình Phương directly: 0966 45 45 45

(Remote consultation by phone/Zalo available for clients abroad. Able to represent the entire transaction including contract drafting, legal due diligence, tax procedures, and foreign exchange transfer.)

See also: Who is Lawyer Lê Bình Phương?

Analysis by MBA., Esq. Lê Bình Phương.

Note: Tax rates and fees reflect regulations as at 15 May 2026. Tax instruments are updated periodically — when applying to a specific matter, always verify the current rates and fees.