Can I mortgage my house on the land but not mortgage the land in Vietnam?

Can I mortgage my house on the land but not mortgage the land in Vietnam?

Pursuant to Point d Clause 1 Article 10 of the Law on Housing 2014 provides as follows:

1. If the homeowner is a Vietnamese entity or an oversea Vietnamese, he/she shall have rights to:

a) Enjoy inalienable rights to his/her lawful housing;

b) Use the house for residential purposes and other purposes not prohibited by regulations of law.

c) Obtain the Certificate of the house(s) under their lawful homeownership as prescribed in this Law and law on land;

d) Sell housing or transfer the agreement on housing purchase, lease , lease and purchase, gifting, exchange, inheritance, mortgage, capital contribution, lending, permission for stay, or authorize housing management ; if the agreement on housing gifting or inheritance is concluded with an entity ineligible for the homeownership in Vietnam, such entity is only entitled to the value of the house;

dd) Share the public utilities in that residential area as prescribed in this Law and relevant regulations of law.

The owner of an apartment building has the right to ownership and enjoyment of the common areas and infrastructural works of such apartment building, exclusive of buildings for business or transfer to the State as prescribed, and the agreement on housing sale or lease purchase;

e) Maintain, renovate, demolish, or rebuild his/her house as prescribed in this Law and law on construction.

g) Receive the compensation as prescribed in regulations of law or payment according to fair market price when their house is demolished, imposed compulsory purchase order, or commandeered by the State for national defense and security purposes; for socio-economic development purposes, or in the state of war, state of emergency, or disaster situations;

h) File complaints, denunciation, or lawsuits over violations against their lawful ownership and other violations against law on housing.

Thus, the legal house owner means you have the right to purchase, lease , lease and purchase, gifting, exchange, inheritance, mortgage, capital contribution, lend your house. You can therefore take out a mortgage on the house you own; At the same time, there is currently no requirement to mortgage the house with the land in Vietnam.

Best Regards!