📋 Tender Overview
Mr. Nguyen Van Vinh (Hanoi) asked, if an individual is eligible to buy social housing and has bought it outright, in the first 5 years can they rent it out to others to earn additional income? The Ministry of Construction answered in principle as follows: When the 2014 Housing Law takes effect, Clause 7, Article 3 of the 2014 Housing Law stipulates: 7. Social housing is housing with support of the State for subjects entitled to housing support policies according to the provisions of this Law. Clauses 4, 5 and 6, Article 62 of the 2014 Housing Law stipulates: Article 62. Principles for renting, leasing and selling social housing 4. The lessee or purchaser of social housing is not allowed to resell the house for a minimum period of 05 years, from the time of full payment of rent or purchase of housing; within 05 years from the date the buyer or lessee has fully paid for the purchase or lease-purchase of the house and wishes to sell the house, they can only resell it to that social housing management unit or sell it to an entity eligible to buy social housing if this unit does not buy at a maximum selling price equal to the selling price of the same type of social housing at the same location and time of sale and does not have to pay personal income tax. 5. The buyer or lessee of social housing is allowed to resell the house According to the market mechanism for subjects in need after a period of 05 years, from the time they have fully paid for the purchase and rental of housing and have been granted a Certificate, but must pay land use fees according to the Governments regulations and pay income tax according to the provisions of tax law; in case of sale to subjects eligible to buy social housing prescribed in this Law, they can only sell at a maximum price equal to the selling price of social housing of the same type at the same location and time of sale and do not have to pay tax. personal income. 6. In all cases of leasing, leasing, or selling social housing that do not comply with the provisions of this Law, the housing rental, lease-purchase, or purchase contract has no legal value and the lessee, lease-purchase, or purchaser must hand over the housing to the social housing management unit; in case the housing is not returned, the Provincial Peoples Committee where the housing is located will organize enforcement to reclaim the housing. In Clause 4, Article 19 of Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on the development and management of social housing stipulates: 4. Buyers or lease-purchasers of social housing are not allowed to mortgage (except in the case of mortgaging with a bank to borrow money to buy or lease-purchase that same apartment) and are not allowed to transfer the house in any form for a minimum period of 05 years, from the time of full payment of purchase or lease-purchase of housing according to the contract. signed with the seller, the lessor-purchaser; are only allowed to resell, mortgage or lease after being granted a Certificate of land use rights, ownership of housing and other assets attached to land according to the provisions of land law. When the 2023 Housing Law takes effect, Clause 7, Article 2 of the 2023 Housing Law stipulates: 7. Social housing is housing with support from the State for subjects entitled to support policies housing according to the provisions of this Law. At Points d and dd, Clause 1, Article 89 of the 2023 Housing Law, it is stipulated: d) The buyer of social housing is not allowed to resell the house for a minimum period of 05 years, from the date of full payment for the house purchase, except for the case specified in Point dd of this Clause; dd) Within 05 years, from the date the buyer of social housing has fully paid for the house, if there is a need to sell this house, then can only be resold to the investor of a social housing construction investment project or resold to an entity eligible to buy social housing at a maximum selling price equal to the selling price of this social housing in the sales contract with the investor of the social housing construction investment project. Payment of personal income tax is carried out in accordance with the provisions of tax law; Thus, the housing law (Housing Law 2014, Housing Law 2023) clearly regulates housing. Social housing is only for those who are entitled to housing support policies according to the provisions of the Housing Law. We recommend that you study the above regulations and compare them with your case to implement.Chinhphu.vnSee moreProject 1 million social housing units has been completed 77%See moreProposal to increase social housing incentives, reduce procedures for home buyersSee moreDo not have to have an account statement when registering to buy social housing See moreBuy social housing, freelance workers confirm income at the Commune Police See moreRepurchase social housing at what price? See moreRenting social housing against regulations can have the house revoked See moreCan buy social housing outside the province if qualified See moreBuying social housing: Wives of martyrs relatives still have to confirm income See moreDossier to buy social housing: Confirmation of income must be legal multiply
