Has the draft passed? Can I still buy a villa or townhouse in Vietnam right now?

No, it has not passed. The plenary finished debating it on 28 October and no vote has been taken. As of today the Housing Law 2023 still applies: eligible foreign individuals may still buy villas, townhouses and other detached homes inside permitted projects, subject to a combined ceiling of 250 houses in an area with a ward-sized population. If you sign between now and the vote, build a policy-change clause into the contract. Always confirm against official announcements.

I already own a villa or townhouse in Vietnam. Will I be forced to sell?

The full draft text and its transitional provisions have not been published, and the reviewing body has explicitly called for adequate transitional rules. Vietnamese legislation generally does not apply retroactively, so lawfully acquired title is normally protected, but whether transfers, inheritance and extensions are restricted will depend on the final articles and the Government's implementing rules. Existing owners should keep contracts, payment records and the ownership certificate (the "pink book"), and watch for implementing rules in the first half of 2027.

Can I still buy an apartment? What happens to the 30% cap?

The draft keeps all four routes for foreigners to acquire apartments: purchase, lease-purchase, gift and inheritance. The term stays at 50 years for individuals, extendable once for up to 50 years. On the 30%, two outcomes remain open: deputies may succeed in writing 30% back into the statute, or the draft's original approach may prevail and the ratio will be set by the Government in implementing rules. Nothing is settled before the vote, and any claim that it is already decided should be treated with suspicion.

If I sign now, which clauses must be spelled out?

Four. First, confirm the project is on the list open to foreign ownership and that the specific building or ward still has quota. Second, state clearly whether the unit is an apartment or a detached house; for detached houses, set out what happens if the new law prevents transfer — refund, switch to an apartment, or extension. Third, fix the sequence between the law's effective date and closing and certification. Fourth, refuse nominee, corporate-nominee and power-of-attorney structures, which are the first thing cleaned up in a tightening cycle and offer no legal protection. Have a licensed Vietnamese lawyer review before signing.

Why is Vietnam tightening foreign home ownership now?

It is not sudden. Resolution No. 21-NQ/TW of 28 July 2026 already set the direction: no privatisation of land and no acquisition of land-use rights by foreigners in any form. The draft Housing Law is being aligned with the Land Law amendment, and deleting detached-house eligibility is the most direct way to do it. Policy is also shifting toward rental and social housing while curbing speculation. The stock data explains the focus: about 6,188 certificates have been issued to foreign owners nationwide, of which 1,519 apartments were added after the Housing Law 2023 took effect — almost entirely apartments.

Vietnam's Draft Housing Law Would End Foreign Ownership of Villas and Townhouses, as the 30% Apartment Cap Stays Unsettled

What happened: a draft that has not been voted on

Vietnam's National Assembly is reviewing a draft amendment to the Housing Law during the second session of the 16th legislature. It is still a draft in the legislative pipeline and has not been passed; the Housing Law 2023 remains in force for now.

The timeline is clear. On 16 October 2026 the Government submitted the draft to the National Assembly under Submission No. 923/TTr-CP. On 18 October the Standing Board of the National Assembly's Law and Justice Committee reviewed it. On 22 October the plenary heard the Government's submission and the review report, then split into group discussions. On the afternoon of 28 October the plenary debated the draft, with Minister of Construction Tran Hong Minh responding. The draft runs to 13 chapters and 130 articles.

For overseas buyers, the decisive change sits inside the foreign-ownership provisions: the clause allowing foreign organisations and individuals to own detached housing — villas, townhouses and standalone homes — would be deleted, leaving foreigners able to buy, lease-purchase, inherit or receive apartments only. At the same time, the draft moves the question of how much of a building foreigners may own out of the statute and into government rule-making.

The Government's submission of 22 October confirms the direction: the foreign-ownership provisions are being rewritten to align with Communist Party Resolution No. 21-NQ/TW of 28 July 2026 and with the Land Law amendment being revised in parallel, and that alignment includes removing detached-house ownership for foreign entities. The reviewing body, for its part, wants the two laws aligned so that buyers do not end up able to buy but unable to obtain a certificate.

In short, this is not "foreigners can no longer buy property". It is "foreigners can only buy apartments" — and that distinction decides who needs to act now.

Current rules versus the draft: the differences in one table

Today's rules come from Articles 19 and 20 of the Housing Law 2023 (Law No. 27/2023/QH15, in force from 1 August 2024). The design is a quantity cap, a time cap and a location cap stacked together:

Item	Current rule (Housing Law 2023)	Direction of the draft
Property types foreigners may buy	Apartments in projects, plus villas, townhouses and other detached homes	Apartments only; detached-house eligibility deleted
Cap per apartment building	No more than 30% of the units in a building	Ratio to be set by the Government, not fixed in the statute
Cap on detached homes	No more than 250 houses in an area with a ward-sized population	Removed together with the eligibility
Ownership term for individuals	Up to 50 years, extendable once for up to 50 years	Unchanged
Defence and security zones	No purchase, no ownership	Unchanged
Acquisition routes	Purchase, lease-purchase, gift, inheritance	All four retained for apartments

The most misread number in that table is 30%. The 30% figure is already in the current statute; it is not a new proposal. What the draft does is move it out of the law and into government regulation. Deputies argue the reverse: because the ratio is sensitive, the 30% should stay in the statute, with only the calculation method, quota administration and case handling delegated to the Government.

The second most misread number is 250. That ceiling applies to detached houses, aggregated across an area whose population is equivalent to a ward — not per project, and certainly not per buyer. Once the detached-house eligibility is deleted, the number loses its object, unless the final text keeps some transitional arrangement.

One technical detail is worth keeping in mind: the draft separates apartment ownership from land rights, but the current Land Law does not recognise foreign individuals as land users, and does not provide for issuing a certificate where the home owner holds no land-use right over the plot. The reviewing body has therefore asked for the two laws to be aligned, otherwise buyers could face a "you can buy it but you cannot get the certificate" trap.

“Higher ownership ratios should not automatically be considered security risks, but any adjustments must be based on clear grounds and accompanied by clear control mechanisms.”

The 30% fight: in the statute, or left to the Government

The group discussions on the afternoon of 22 October covered the draft amendments to three laws — land, housing and real estate business. Nguyen Thanh Tam, a deputy for Ho Chi Minh City, argued that the 30% ceiling on foreign ownership in a single apartment building should stay in the statute, with the Government authorised to set the calculation method, manage the quota and handle situations that arise in practice. His reasoning: foreign ownership ratios are not merely a property-market question but touch population management, territorial administration, national defence and security, especially around borders, coastal areas, islands and key or strategic sites.

In the same session, another Ho Chi Minh City deputy, Tran Anh Tuan, pushed in a different direction. The draft would let foreign organisations and individuals buy or lease-purchase floor space in construction projects, yet the Land Law does not recognise foreign individuals as land users. He argued that such an expansion should be treated cautiously, and that if the channel is kept, the law must spell out the scope of ownership, its relationship to land-use rights, the ownership term and quantitative limits, restricted areas, registration and certification procedures, and what happens when the term expires or the property is transferred.

Both arguments run into the same technical problem: the Housing Law can grant the building, but not the land. A Vietnamese ownership certificate combines land-use rights with housing ownership, and foreigners are never land users. Deleting detached houses sidesteps that contradiction to a degree — a villa or townhouse necessarily sits on a plot, while an apartment can correspond to the structure and common areas alone.

By the end of the 28 October plenary, nothing had been settled on whether the 30% belongs in the statute. The reviewing body's position is to seek guidance from the competent authority and to consider fixing the specific ratio in the law itself; the Construction Minister's public remarks at the session focused on social housing pricing, rental pricing and the rebuilding of old apartment blocks.

Why tighten now: three threads

First, the party resolution came first. Resolution No. 21-NQ/TW of 28 July 2026 reaffirmed that land belongs to the whole people with the State as the representative owner, that land will not be privatised, and that foreigners may not acquire land-use rights in any form. The draft Housing Law is expected to institutionalise that position, and deleting detached-house eligibility is its most direct technical expression.

Second, policy has shifted toward rental housing. The draft adds an entire chapter on rental housing and reorganises housing policy into four groups — commercial, rental, official-duty and policy housing — with long-term rental as the priority. Inside that framework, foreign ownership of high-end detached homes is the piece least connected to the goal of housing for all.

Third, the existing stock is not small, but it is heavily concentrated. Report No. 356/BC-BXD of 9 September 2026 from the Ministry of Construction puts cumulative certificates issued to foreign organisations and individuals at about 6,188 homes nationwide, of which 1,519 apartments were added after the Housing Law 2023 took effect — almost all of them apartments. Foreign ownership in Vietnam was already an apartment story; detached homes are a small, high-ticket, politically sensitive segment, which is precisely what makes them easy to remove.

Market concerns are concrete. Vietnamese media quoted industry figures warning that restricting detached homes could shrink the buyer pool for high-end villas and resort property, especially in outward-facing markets such as Da Nang, Nha Trang and Phu Quoc, and that tighter rules might push some demand into nominee arrangements, corporate structures or powers of attorney — structures that carry their own risk of unenforceable ownership. Others take the opposite view: demand simply shifts from detached homes to apartments, which helps a segment with heavy inventory.

Timeline: what happens next

Date	Event
16 Oct 2026	Government Submission No. 923/TTr-CP sent to the National Assembly
18 Oct 2026	Review by the Standing Board of the Law and Justice Committee
22 Oct 2026	Plenary hears the submission and review report; group discussions
28 Oct 2026	Plenary debate; the Construction Minister responds
15–19 Nov 2026	The Assembly breaks so drafting and reviewing bodies can absorb comments and revise the text
20–21 Nov 2026 (fallback to 23 Nov)	Second phase of the session; 43 laws and resolutions are expected to be adopted, including the Housing Law amendment
Before 1 Mar 2027	Current land-sector delegation rules expire on 28 February 2027, so the new law must be issued before that date to keep the framework continuous

The session opened on 17 October and is expected to close on 21 November, in two phases. Two caveats matter. The Housing Law amendment is on the list of items slated for adoption at this session, but no specific voting date has been published. And even if it passes, whether the 30% ends up in the statute, whether detached houses are removed outright, and how existing owners are transitioned will all depend on the final text and the Government's implementing rules.

The reviewing body has already warned that the draft carries many new policies and must therefore "provide fully for implementing and transitional provisions, to avoid legal gaps or confusion during roll-out". That warning applies to buyers too: the real risk window is not the voting day, but the months between the law taking effect and the implementing rules appearing.

Has the draft passed? Can I still buy a villa or townhouse in Vietnam right now?: No, it has not passed. The plenary finished debating it on 28 October and no vote has been taken. As of today the Housing Law 2023 still applies: eligible foreign individuals may still buy villas, townhouses and other detached homes inside permitted projects, subject to a combined ceiling of 250 houses in an area with a ward-sized population. If you sign between now and the vote, build a policy-change clause into the contract. Always confirm against official announcements.
I already own a villa or townhouse in Vietnam. Will I be forced to sell?: The full draft text and its transitional provisions have not been published, and the reviewing body has explicitly called for adequate transitional rules. Vietnamese legislation generally does not apply retroactively, so lawfully acquired title is normally protected, but whether transfers, inheritance and extensions are restricted will depend on the final articles and the Government's implementing rules. Existing owners should keep contracts, payment records and the ownership certificate (the "pink book"), and watch for implementing rules in the first half of 2027.
Can I still buy an apartment? What happens to the 30% cap?: The draft keeps all four routes for foreigners to acquire apartments: purchase, lease-purchase, gift and inheritance. The term stays at 50 years for individuals, extendable once for up to 50 years. On the 30%, two outcomes remain open: deputies may succeed in writing 30% back into the statute, or the draft's original approach may prevail and the ratio will be set by the Government in implementing rules. Nothing is settled before the vote, and any claim that it is already decided should be treated with suspicion.
If I sign now, which clauses must be spelled out?: Four. First, confirm the project is on the list open to foreign ownership and that the specific building or ward still has quota. Second, state clearly whether the unit is an apartment or a detached house; for detached houses, set out what happens if the new law prevents transfer — refund, switch to an apartment, or extension. Third, fix the sequence between the law's effective date and closing and certification. Fourth, refuse nominee, corporate-nominee and power-of-attorney structures, which are the first thing cleaned up in a tightening cycle and offer no legal protection. Have a licensed Vietnamese lawyer review before signing.
Why is Vietnam tightening foreign home ownership now?: It is not sudden. Resolution No. 21-NQ/TW of 28 July 2026 already set the direction: no privatisation of land and no acquisition of land-use rights by foreigners in any form. The draft Housing Law is being aligned with the Land Law amendment, and deleting detached-house eligibility is the most direct way to do it. Policy is also shifting toward rental and social housing while curbing speculation. The stock data explains the focus: about 6,188 certificates have been issued to foreign owners nationwide, of which 1,519 apartments were added after the Housing Law 2023 took effect — almost entirely apartments.

AIAIG View

First, existing owners of detached homes: do not panic-sell, but decide your exit route in advance. Lawful title acquired under the current law is normally not stripped retroactively; the real variable is whether you can transfer the asset smoothly later. If your project's foreign quota is nearly full, or the property sits in a coastal resort market, run a title-and-contract compliance check before implementing rules land in the first half of 2027, rather than discovering a shrunken buyer pool at the moment you need to sell.

Second, buyers currently looking at villas and townhouses: treat timing as the risk, not price. If you have signed but not transferred title, the priority is a contract clause covering legal change, not a bet on the vote. If you are still viewing, put apartments on the same comparison sheet — for the same budget the certainty is higher, at the cost of a different product type and rental logic.

Third, apartment-focused allocators: if 30% returns to the statute, the scarcity value of foreign quota in prime buildings rises. Quota is a stock resource measured per building; clearer rules make an already-secured slot harder to replace. That is a structural observation, not a return promise — rental yield, currency and management costs still need separate modelling.

Fourth, do not use nominees as the workaround. In a tightening cycle, nominee, corporate-nominee and power-of-attorney structures are the first to be cleaned up and the hardest to defend. Families already using them should obtain a legal opinion early and document the chain of evidence between the actual funder and the registered owner.

Fifth, treat the implementing rules as the real decision point. The statute only sets the frame: how the ratio is calculated, how quota is administered and how transition works will all sit in government rules. Mark the first quarter of 2027 as a review date, when the text, the effective-date arrangements and the rules should be broadly visible, and only then decide whether to enter, hold or exit. This is general information and judgement, not investment, legal or immigration advice; official announcements prevail.

Sources

National Assembly Portal: Law and Justice Committee review of the draft Housing Law (18 October 2026)

Full text of the current Housing Law 2023 (Law No. 27/2023/QH15)

Last updated Nov 1, 2026