Do students of ethnic boarding schools have to pay social housing rents in Vietnam?

Do students of ethnic boarding schools have to pay social housing rents in Vietnam?

Article 62 of the Law on Housing 2014 stipulates rules for social housing lease, lease purchase or sale as follows:

1. The social housing lease, lease purchase or sale must comply with regulations of this Law, each entity prescribed in Clause 1 Article 50 of this Law may not rent, rent and buy, or buy more than one social house concurrently; the students of public ethnic boarding schools shall be exempted from housing rents and service charges during their duration of study.

2. The term of a social housing lease agreement is at least 05 years; the minimum term for lease purchase payment for social housing is 05 years from the date on which the lease purchase agreement is signed.

3. The lessee under an agreement on social housing lease or lease purchase may not sell, sublet, or lend that house during the term of the agreement; if he/she no longer wishes to rent, or rent and buy that house, the agreement shall be terminated and that house shall be returned.

4. The buyer under the agreement on social housing lease purchase or sale may not resell the house within at least 05 years, from the date on which the total amount is paid off, except for the management unit of that social housing or entities entitled to buy that social housing if the management unit does not buy the house at the selling price of the same social housing in the same location, at the same time. Income from this transaction is exempted from personal income tax.

5. After 05 years from the date on which the total housing amount is paid off and the Certificate is granted, the buyer may resell their house according to market mechanism provided that they have paid land levies as prescribed in regulations of the Government and income tax as prescribed in law on taxation as required; if they resell to the entities entitled to buy social housing as prescribed of this Law, the maximum selling price must equal the selling price of the same social housing in the same location, the same selling time and that housing is exempted from personal income tax.

If the buyer or the lessee who is subject to the relocation may resell the house(s) according to market mechanism after they have paid off the total amount and have granted the Certificate provided that they have paid land levies as prescribed in regulations of the Government and income tax as prescribed in law on taxation as required.

6. Any transactions in social housing lease, lease purchase, or sale do not comply with regulations of this Law, the agreement on housing lease, lease purchase, or sale shall be invalidated and the lessee or the buyer must return the house to the agency in charge of social housing; if they do not return the house, the People’s Committee of the province where the house is located shall enforce the withdrawal of that house.

The housing rents or prices shall comply with regulations of law on civil; the lease purchase prices of social housing shall comply with Article 135 of this Law.

Thus, according to the above regulations in Vietnam, students of public ethnic boarding schools do not have to housing rents and service charges during their duration of study. 

You did not specify whether the current ethnic boarding school you are attending is a public school or a private school. If you go to a public school, you don't need to pay housing rents in Vietnam, but if you go to a private school, you still have to pay rent like everyone else.

Can students of ethnic boarding schools buy social housing in Vietnam?

According to Article 49 of the Law on Housing 2014, entities eligible for incentive policies on social housing are as follows:

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.

Pursuant to Clause 1, Article 50 of the Law on Housing 2014, implementation of incentive policies on social housing is as follows:

1. Lease, lease and purchase, or sell the social housing to entities prescribed in Clause 1, 4, 5, 6, 7, 8 and 10 Article 49 of this Law; or only lease the social housing to entity prescribed in Clause 9 Article 49 of this Law.

Therefore, according to the above regulations in Vietnam, students of public ethnic boarding schools are only allowed to rent social housing, but not support to buy.

What are standards of social housing in Vietnam?

Article 55 of the Law on Housing 2014 stipulates requirements regarding types of housing and housing area standards of social housing as follows:

1. They are apartment buildings or separate houses in conformity with the specific planning for construction approved by the competent agency.

2. With respect to separate houses, they must be designed and built according to standards of construction and housing area standards of social housing.

3. With respect to apartment buildings, they must be designed and built in self-contained style, and in conformity with standards of construction and housing area standards of social housing.

The above are the provisions of the law on standards of social housing in Vietnam must ensure.

Best Regards!