On the Government Portal, Mr. P.L wondered:
Mr. P.L and his wife have a social housing apartment, the Certificate is in the name of Mr. P.L. Both are in the process of carrying out divorce procedures.
Mr. P.L asked, in this case, can he donate the ownership of the social housing apartment (which is common property during the marriage period) to his wife, when the apartment is still within 5 years and is not allowed to be bought and sold under the commercial mechanism? If it is donated to his wife, what are the conditions, order, and procedures for implementation?
After researching, the Ministry of Construction answers this question as follows:
According to the provisions of point d, clause 1, Article 89 of the 2023 Housing Law:
d) Within 5 years from the date the social housing buyer has paid the full amount of money to buy the house and has a need to sell this house, it is only allowed to resell it to the investor of the social housing construction investment project or resell it to subjects eligible to buy social housing at a maximum selling price equal to the selling price of this social housing in the purchase and sale contract with the investor of the social housing construction investment project. The payment of personal income tax shall be carried out in accordance with the provisions of tax law;".
The donation of ownership of social housing apartments (common property in marriage) is carried out in accordance with the provisions of civil law and marriage and family law.
