What is time limit for social housing lease in Vietnam? What are rules for social housing lease, lease purchase or sale in Vietnam?

What is time limit for social housing lease in Vietnam?

My wife and I are both officials and civil servants who want to lease social housing, what conditions must be met? And what is time limit for social housing lease?

Reply:

According to Clause 7, Article 49 and Clause 1, Article 50 of the Law on Housing 2014, officials and civil servants prescribed in law on officials and civil servants are eligible to lease social housing.

* Conditions for social housing lease

According to Article 51 of the Law on Housing 2014, if you want to lease a social house, you must meet the following conditions for housing, residence and income:

a) They have not had any house under their homeownership, have not concluded any agreements on social housing purchase, lease, or lease purchase, have not benefited from any policy on housing or residential land support in any shape or form at the places where they live, study, or have houses under their homeownership, but the floor space per capita in the household is lower than the minimum space standard regulated by the Government in every period and every area;

b) They are required to register permanent residence in the province where the social housing is located; if not, they are required to register temporary residence in that province for at least one year, except for cases prescribed in Clause 9 Article 49 of this Law;

c) With respect to entities prescribed in Clause 4, 5, 6 and 7 Article 49 of this Law, they are required to be not subject to regular income tax as prescribed in law on personal income tax; with respect to households living in poverty and near poverty, they must be subject to the households living in poverty and near poverty as prescribed in regulations of the Prime Minister. With respect to entities prescribed in Clause 1, 8, 9 and 10 Article 49 of this Law, they are not required to satisfy requirements pertaining to income as prescribed in this Point.

* Social housing lease term

Clause 2, Article 62 of the Law on Housing 2014 stipulates the principles of social housing rental as follows:

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.

Thus, your case is allowed to lease social housing for a minimum of 5 years in Vietnam.

What are rules for social housing lease, lease purchase or sale in Vietnam?

What are rules for social housing lease, lease purchase or sale in Vietnam? Hello, my name is Linh Huyen, living and working in Ho Chi Minh City. I currently have a need to buy a social house, so I have learned the regulations on this issue, but I still do not understand it very well, please advise, specifically: What are rules for social housing lease, lease purchase or sale? In which legal documents can I find out about this issue? Hope to receive a reply from you soon, thank you very much! (0123**)

Reply:

Pursuant to the provisions of Article 62 of the Law on Housing 2014, rules for social housing lease, lease purchase or sale are prescribed 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.

Above is the content of advice on rules for social housing lease, lease purchase or sale in Vietnam. To better understand the issue, please see the Law on Housing 2014. Hope that the information shared above will help you.

Can students lease State-owned social houses in Vietnam?

I am a student from the countryside to the city (up since I was a high school student) stay at my uncle house, separate the name from the household registration book in the countryside and lived at my uncle house. So, can I rent State-owned social house? Because this house is close to my school. Thank you!

Reply:

- According to Clause 9, Article 49 of the Law on Housing 2014, the following subjects, if they satisfy the conditions specified in Article 51 of this Law, are entitled to the social housing support policy:

9. Students of institutes, universities, colleges, vocational training institutions; students of the public ethnic boarding schools using social housing during their duration of study;

- In Clause 1, Article 51 of the Law on Housing 2014, conditions for students to lease social housing are as follows:

1. The entities eligible for the policies as prescribed in Clause 1 Article 50 of this Law shall satisfy the requirements pertaining to housing, residence, and income as follow:

a) They have not had any house under their homeownership, have not concluded any agreements on social housing purchase, lease, or lease purchase, have not benefited from any policy on housing or residential land support in any shape or form at the places where they live, study, or have houses under their homeownership, but the floor space per capita in the household is lower than the minimum space standard regulated by the Government in every period and every area;

b) They are required to register permanent residence in the province where the social housing is located; if not, they are required to register temporary residence in that province for at least one year, except for cases prescribed in Clause 9 Article 49 of this Law;

c) With respect to entities prescribed in Clause 4, 5, 6 and 7 Article 49 of this Law, they are required to be not subject to regular income tax as prescribed in law on personal income tax; with respect to households living in poverty and near poverty, they must be subject to the households living in poverty and near poverty as prescribed in regulations of the Prime Minister. With respect to entities prescribed in Clause 1, 8, 9 and 10 Article 49 of this Law, they are not required to satisfy requirements pertaining to income as prescribed in this Point.

- According to Clause 1, Article 18 of Circular 19/2016/TT-BXD, which stipulates as follows: State-owned social houses for rent for students are hereinafter referred to as student housing. The lease term varies according to each student’s need but shall not be shorter than 01 year and not longer than the student’s study duration.

So, according to the information you provided, you are a student living in your uncle house and have name in household registration in the City. Therefore, based on the above provisions in Vietnam, you are entitled to lease social housing in the city you are permanently residing in.

Here is the support content.

Best regards!