Conditions for purchasing old public housing in Vietnam

Conditions for purchasing old public housing in Vietnam (Internet image)

Conditions for purchasing old public housing in Vietnam

Old public housing are those constructed before 1994 (including apartment buildings) and are owned by the people with the State acting as the representative owner and unified manager. The conditions to purchase old public housing are stipulated in Clause 2, Article 69 of Decree 95/2024/ND-CP as follows:

- The buyer must submit an application to purchase a house according to Form No. 03 of Appendix V issued with Decree 95/2024/ND-CP;

- There must be a house rental contract signed with the housing operation management unit, and the applicant’s name must be on this rental contract (including the person representing the name on the rental contract and members aged 18 or older whose names are on the rental contract); in cases where there are multiple individuals listed on the rental contract, these individuals must delegate a representative to sign the house purchase contract with the housing management agency;

- Full payment of house rent must have been made as per the rental contract, and all housing operation management fees must have been paid up to the signing date of the house purchase contract (if applicable).

In cases where the house was used before signing the house rental contract, or if there is a rental contract but the State has not collected the rent, the tenant must retroactively pay the rent for the actual period of use, with the rental rates as follows: for the period before January 19, 2007, rent is collected according to Decision 118/TTg dated November 27, 1992 regarding the rental rate and inclusion of house rent in salaries; for the period from after January 19, 2007, rent is collected according to Decision 17/2008/QD-TTg regarding rental standards for state-owned houses that have not been renovated or rebuilt, as stipulated in Decree 95/2024/ND-CP.

Entities eligible to purchase old public housing in Vietnam from August 1, 2024

Clause 1, Article 69 of Decree 95/2024/ND-CP stipulates that entities eligible to purchase old public housing must be those currently using the house, with the following guidelines:

- Case 1: The entity is currently using the house that the State assigned them to use before January 19, 2007 (the issuance date of Decision 09/2007/QD-TTg regarding the rearrangement and handling of state-owned houses and land), and includes the following scenarios:

(i) Households and individuals currently using the house and have signed a rental contract with an authorized agency;

(ii) Households and individuals currently using the house without a rental contract but have a decision or document assigning them to use the house (hereinafter referred to as housing allocation document) and are named in this housing allocation document, including cases where the house was funded by state budget investment before November 27, 1992 (the issuance date of Decision 118/TTg by the Prime Minister of the Government of Vietnam on house rental rates and inclusion of house rent in salaries, known as Decision 118/TTg) but was only completed and put into use after November 27, 1992, for renting according to Decision 118/TTg, and cases where tenants must return rented houses due to workplace transfers but are later allocated another rental house by a state agency after November 27, 1992;

(iii) Households and individuals currently using the house not belonging to scenarios (i) and (ii) above, but under the provisions of Clause 3, Article 63 of Decree 95/2024/ND-CP.

- Case 2: The entity currently using the house obtained the rights to rent the house from scenarios (i) and (ii), including cases of acquiring tenancy rights after January 19, 2007.

Tran Trong Tin

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