According to Point d, Clause 1, Article 89 of the Housing Law 2023, social housing buyers are not allowed to resell their houses for a minimum period of 5 years from the date of full payment for the house purchase.
However, Point d, Clause 1, Article 89 of the 2023 Housing Law stipulates an exception, which is that if within 5 years from the date the social housing buyer has paid the full house purchase and has a need to sell this house, it can be resold to the investor of the social housing construction investment project or resold to a subject eligible to buy social housing.
The maximum selling price is 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. Personal income tax payment is implemented in accordance with the provisions of the law on tax.
If violating regulations on subjects and conditions for buying and renting social housing, according to the provisions of Clause 10, Article 88 of the 2023 Housing Law, the house sale and lease-purchase contract will be handled as invalid.
The buyer or hired party must hand over the house to the investor of the project to invest in social housing construction, the social housing management unit; In case of not handing over the housing, the provincial People's Committee where the residential is enforced to recover the house.
The handling of social housing purchase fees is carried out in accordance with the provisions of the law on civil matters; the handling of social housing purchase rental fees is carried out in accordance with the provisions of Clause 1, Article 175 of this Law; the compulsory recovery of social housing is carried out in accordance with the Government's regulations.
In addition, according to Article 39 of Decree 100/2024/ND-CP, the reselling of social housing within 5 years is carried out as follows:
- In case of reselling social housing to the project owner, the seller must carry out procedures for liquidating the contract with the investor. The resale complies with Point dd Clause 1, Article 89 of the Housing Law and the provisions of the law on real estate business and land law.
- In case of reselling social houses to other subjects subject to purchased or rented social housing, social housing buyers must have certified papers and conditions under the guidance of the Minister of Construction, the Minister of Defense and the Minister of Public Security and submit the dossier to the local Department of Construction where the project has to identify the right objects and conditions as prescribed at Point 1 of this Decree 38.
The seller must carry out procedures for liquidating the contract with the project investor (if any). The resale complies with Point dd Clause 1, Article 89 of the Housing Law and the provisions of the law on real estate business and land law.
Article 40 of Decree 100/2024/ND-CP also stipulates that the reselling of social housing after a period of 5 years is carried out according to the following regulations: The seller has a Certificate of land use rights and ownership of assets attached to land; The reselling is carried out in accordance with the provisions of the law on real estate business and the law on land.
