4 notes when buying and reselling social housing according to current regulations

Như hạ |

Clearly understand 4 notes when buying and reselling social housing according to current regulations to avoid legal risks and ensure legitimate rights.

(1) Social housing is only allowed to be sold when meeting the conditions

- The sale of social housing formed in the future is only carried out when ensuring the provisions of Clause 3, Article 88 of the 2023 Housing Law, including:

+ Having a housing construction investment project dossier, an approved housing technical design and a construction permit if eligible for a construction permit;

+ Completed the construction of the foundation of houses in accordance with the law on the construction and completion of the investment in building a system of roads, water supply, drainage, daily -life electricity, public lighting electricity of the housing area sold and leased by the detailed planning, design documents and progress of the approved project; The mortgage has been issued in case the investor of the social housing construction investment project has a mortgage of this housing, except for the case of the buyer, hired and the mortgagor agreed by the mortgagor not to be the mortgage;

+ There has been a document notifying the provincial housing management agency about houses eligible for sale, lease-purchase, except for social housing invested in construction with public investment capital.

- The sale of available social housing is only carried out when ensuring the provisions of Clause 4, Article 88 of the 2023 Housing Law, including:

+ Housing area for sale, rent, rent has completed the investment in construction of technical infrastructure systems and social infrastructure works according to the detailed construction planning, design documents and progress of the approved project; If the investor of the social housing construction investment project has a mortgage of houses, it must be mortgaged before selling or leasing this house, except for the case of buyers, hiring and mortgas agreed not to be mortgaged;

+ There is a written notice from the provincial housing management agency on whether housing is eligible for sale, lease-purchase, or lease, except for social housing invested in construction with public investment capital;

+ Housing that meets the conditions specified in Point b and Point c, Clause 1, Article 160 of the 2023 Housing Law

(2) The purchase and sale of social housing must be made in a contract

The purchase and sale of social housing must be established into a contract with full content as prescribed in Article 163 of the Housing Law 2023.

(3) Application for social housing purchase: No more than 30% of the initial, 95% before being granted a book.

The advance of the social housing buyer is made in accordance with the agreement in the house purchase and sale contract, in accordance with the completion of the construction of housing projects and the project implementation progress has been approved but the first advance amount does not exceed 30% of the contract value including deposit (if any), the total amount of payments must not exceed 70% of the contract value before the contract is not over 95% of the contract to be handed over before the purchase of the contract to be over 95% Buying a certificate is granted a certificate for a house;

(4) Conditions for reselling social housing

- Within 5 years from the date the social housing buyer has paid the full price for the house and has a need to sell this house, it can only be resold to 2 subjects:

+ Investor of social housing construction investment project

+ Resale to subjects eligible to buy social housing at the maximum selling price equal to the selling price of this social housing in the sale and purchase contract with the investor of the social housing construction investment project.

- After 5 years, from the date of payment of enough money to buy houses, the social housing buyer is reselled this house according to the market mechanism for subjects in need if the certificate has been granted; The seller does not have to pay land use levies and must pay income tax in accordance with the law on taxes, except for the sale of social houses as individual houses, the seller must pay the land use fee as prescribed by the Government and must pay income tax in accordance with the tax law.

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