How much is the penalty for subleasing official residence?

Is it allowed to sublease official residential housing?

Based on Clause 2, Article 34 of the Housing Law 2014, tenants of official residential housing have the following obligations:

a) To use the house for residential purposes and to meet the living needs of themselves and their family members during the rental period;

b) To be responsible for preserving the house and the attached property; not to arbitrarily renovate, repair, or demolish the official residential housing; in case of using an apartment, to comply with the regulations on management and use of the apartment;

c) Not to sublease, loan, or authorize others to manage the official residential housing;

d) To pay rent according to the rental contract signed with the landlord and to pay other living expenses as regulated by the service provider;

e) To return the official residential housing to the State when no longer eligible for rental or when no longer in need of renting the official residential housing or when committing violations that warrant repossession of the house according to this Law, within no more than 90 days from the date of receiving the notice from the official residential housing management agency;

f) To comply with the decision on the enforcement of repossession of the house by the competent authority in case of being subject to the enforcement of repossession of the house;

g) To fulfill other obligations regarding housing as stipulated by law and as agreed upon in the official residential housing rental contract.

Thus, you are not allowed to sublease the official residential housing.

How much is the penalty for subleasing official residential housing?

Based on Article 65 of Decree 16/2022/ND-CP, it is stipulated as follows:

.....

2. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed on tenants of official residential housing who commit any of the following acts:

a) Not using the house for residential purposes and to meet the living needs of themselves and their family members during the rental period;

b) Arbitrarily renovating, repairing, or demolishing the official residential housing;

c) Subleasing or authorizing the management of the official residential housing;

d) Not returning the official residential housing to the State when no longer eligible to rent as per regulations.

3. Remedial measures:

a) Restoring the original condition with acts specified at point a, clause 1 and point b, clause 2 of this Article;

b) Using the house for the proper purpose with acts specified at point b, clause 1 and point a, clause 2 of this Article;

c) Repossessing the official residential housing with acts specified at points c and d, clause 2 of this Article.

If you commit the act of subleasing official residential housing, you may be fined from VND 100,000,000 to VND 120,000,000 and have the official residential housing repossessed.

Respectfully!