What are the contents of contracts for purchase, sale, rental or rental purchase of social housing in Vietnam? If social housing is an apartment building, what contents should the contract for sale and purchase contain?
What are the contents of contracts for purchase, sale, rental or rental purchase of social housing in Vietnam?
Pursuant to Article 14 of Circular No. 09/2021/TT-BXD stipulating contracts for purchase, sale, rental or rental purchase of social housing as follows:
Contracts for purchase, sale, rental or rental purchase of social housing
1. A contract for purchase, sale, rental or rental purchase of social housing must encompass the following main information:
a) Name and address of each contracting party;
b) Information about the contractual housing unit;
c) Sale, purchase, lease or lease purchase price;
d) Payment method and deadline;
dd) Handover deadline;
e) Warranty;
g) Contractual rights and obligations;
h) Contractual commitments;
i) Contract termination;
k) Other agreements;
l) Dispute settlement;
m) Effect;
...
Thus, a contract for purchase, sale, rental or rental purchase of social housing must encompass the following main information:
- Name and address of each contracting party;
- Information about the contractual housing unit;
- Sale, purchase, lease or lease purchase price;
- Payment method and deadline;
- Handover deadline;
- Warranty;
- Contractual rights and obligations;
- Contractual commitments;
- Contract termination;
- Other agreements;
- Dispute settlement;
- Effect.
What are the contents of contracts for purchase, sale, rental or rental purchase of social housing in Vietnam? If social housing is an apartment building, what contents should the contract for sale and purchase contain?
If social housing is an apartment building, what contents should the contract for sale and purchase contain?
Pursuant to Clause 2, Article 14 of Circular No. 09/2021/TT-BXD stipulating the contract for sale and purchase of social housing that is an apartment building as follows:
Contracts for purchase, sale, rental or rental purchase of social housing
…
2. For social housing that is an apartment building, the contract for sale, purchase, rental and rental-purchase must contain the information specified in Clause 1 of this Article and clarify the share of private ownership, the co-ownership area, the privately and commonly usable area of the project owner, the buyer, renter or lease purchaser of the apartment; the gross floor area of the apartment; the carpet floor area of the apartment for calculation of the amount paid for purchase, sale, rental or rental purchase; maintenance expenses; fee amount and principles of adjustment of fees for management and operation of the apartment building during the period when the building’s governing board is not set up.
Thus, in the case of a social housing being an apartment, in addition to the information mentioned above, the contract must contain the following contents:
- The share of private ownership, the co-ownership area, the privately and commonly usable area of the project owner, the buyer, renter or lease purchaser of the apartment;
- The gross floor area of the apartment;
- The carpet floor area of the apartment for calculation of the amount paid for purchase, sale, rental or rental purchase;
- Maintenance expenses;
- Fee amount and principles of adjustment of fees for management and operation of the apartment building during the period when the building’s governing board is not set up.
Who are eligible for incentive policies on social housing in Vietnam?
Pursuant to Article 49 of the 2014 Law on Housing in Vietnam stipulating as follows:
Entities eligible for incentive policies on social housing
If the entities below satisfy requirements prescribed in Article 51 of this Law, they shall be eligible for incentive policies on social housing:
1. People with meritorious services to the Resolution prescribed in law on preferential treatment for people with meritorious services to the Resolution;
2. Households living in poverty or near poverty in rural areas;
3. Households that are often affected by natural disasters or climate changes in rural areas;
4. Individuals living in low income, poverty or near poverty in the urban areas;
5. Employees working in enterprises inside or outside the industrial zones;
6. Commissioned officers, professional and technical non-commissioned officers, standing army, and workers in the agencies of People’s Police and People’s Army;
7. Officials and civil servants prescribed in law on officials and civil servants;
8. Entities who have returned official residence as prescribed Clause 5 Article 81 of this Law;
9. Students of institutes, universities, colleges, vocational training institutions; students of the public ethnic boarding schools using social housing during their duration of study;
10. Households or individuals subject to land withdrawal and land clearance as prescribed without any compensation in form of housing or residential land paid by the State.
Thus, the entities below shall be eligible for incentive policies on social housing:
- People with meritorious services to the Resolution prescribed in law on preferential treatment for people with meritorious services to the Resolution;
- Households living in poverty or near poverty in rural areas;
- Households that are often affected by natural disasters or climate changes in rural areas;
- Individuals living in low income, poverty or near poverty in the urban areas;
- Employees working in enterprises inside or outside the industrial zones;
- Commissioned officers, professional and technical non-commissioned officers, standing army, and workers in the agencies of People’s Police and People’s Army;
- Officials and civil servants prescribed in law on officials and civil servants;
- Entities who have returned official residence;
- Students of institutes, universities, colleges, vocational training institutions; students of the public ethnic boarding schools using social housing during their duration of study;
- Households or individuals subject to land withdrawal and land clearance as prescribed without any compensation in form of housing or residential land paid by the State.
LawNet
