In Vietnam: Shall social housings, which are lease arbitrarily, be withdrawn?

In Vietnam: Shall social housings, which are lease arbitrarily, be withdrawn?

Pursuant to Clause 1 Article 84 of the Law on Housing in 2014, a state-owned house shall be withdrawn in the one of cases below:

a) The transaction in housing sale, lease, or lease purchase is conducted ultra vires, ineligible entities, or failed to meet requirements as prescribed in this Law;

b) The lease agreement expires but the lessee no longer wishes to rent or both contractual parties agree to terminate the housing lease or lease purchase agreement;

c) The lessee returns the house under housing lease or lease purchase agreement;

d) The lessee no longer entitled to rent housing as prescribed in this Law;

dd) The lessee dies or has been declared as missing by the Court but he/she has nobody living together; or the lessee who is entitled to rent the official residence dies or has been declared as missing by the Court;

e) The lessee has not paid the rent for 3 months or more without good reasons;

g) The housing for lease or lease purchase is subject to demolition for renovation or reconstruction according to the decision of the competent agency;

h) The lessee does not use the house for proper purposes as agreed in the housing lease agreement or he/she exchanges, sells, sublets or lends the house, or expands, renovates, or demolishes the house himself/herself without the consent of the homeowner.

As regulations above, if you lease the housing arbitrarily, it will be withdrawn.

Who are eligible for scoial housing lease in Vietnam?

Pursuant to Clause 1 Article 82 of the Law on Housing in 2014, entities eligible for state-owned housing lease, lease purchase or sale:

a) The entity prescribed in Clause 1 Article 32 and Clause 9 Article 49 of this Law may only enter into housing lease agreement;

b) The entity prescribed in Clause 1, 4, 5, 6, 7, 8 and 10 Article 49 of this Law may enter into social housing lease or lease purchase agreement;

c) The entity prescribed in Clause 10 Article 49 of this Law may enter into housing lease, or lease purchase for relocation if he/she has not entered into any social housing lease or lease purchase agreement;

d) The entity using old housing prescribed in Clause 4 Article 80 of this Law may enter into housing lease or sale agreement.

Pursuant to Article 49 of the Law on Housing in 2014, 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.

Above are entities that are eligible for social housing lease and lease purchase.

Best regards!