An overseas Vietnamese citizen, nearly 70 years old and residing in the United States since 1995, is seeking legal clarification on purchasing land in Vietnam. Tony Long, a former resident of Tien Giang province, plans to acquire a plot of land in his ancestral hometown to construct an ancestral chapel and a small house for his retirement. His primary concern revolves around his eligibility to hold land use rights as a foreign national and the associated legal procedures.

Despite no longer holding Vietnamese citizenship, Mr. Long possesses a 5-year visa exemption certificate. With his advancing age, he wishes to return to Vietnam for long-term residency. He intends to purchase approximately 300 square meters of land to fulfill his desire to build a family ancestral chapel and a personal residence for his golden years.

Mr. Long is uncertain about the legal framework governing land ownership for overseas Vietnamese. He specifically questions whether individuals who have acquired foreign citizenship are permitted to be named on land use rights certificates in Vietnam. He is particularly interested in understanding if his 5-year visa exemption, without permanent residency registration in Vietnam, qualifies him to purchase property.

Should he be deemed ineligible to hold land use rights directly, Mr. Long explores options such as having a relative in Vietnam register the land in their name or establishing a power of attorney agreement to safeguard his interests. He is seeking legal guidance on the potential legal risks associated with such arrangements.

Lawyer Tran Minh Hung is providing consultation on these matters.