Pursuant to the provisions of Points d, d and e, Clause 1, Article 89 of the 2023 Housing Law, the sale, hire-purchase and lease of social housing are regulated as follows:
Sale, lease purchase, lease social housing
1. The sale of social housing is carried out according to the following provisions:
d) The buyer of social housing is not allowed to resell the house within a minimum period of 5 years from the date of full payment for the house purchase, except for the case specified in Point d of this Clause.
d) Within 5 years from the date the social housing buyer has fully paid for the house and has a need to sell the house, he/she may only resell it to the investor of the social housing construction investment project or to a subject eligible to buy social housing at a maximum selling price equal to the selling price of the social housing in the sale and purchase contract with the investor of the social housing construction investment project. Personal income tax payment shall be made in accordance with the provisions of the law on tax.
e) After a period of 5 years from the date of full payment for the house purchase, the buyer of social housing may resell this house according to the market mechanism to those in need if a Certificate has been granted; the seller does not have to pay land use fees and must pay income tax according to the provisions of the law on tax, except in the case of selling social housing as individual houses, the seller must pay land use fees according to the provisions of the Government and must pay income tax according to the provisions of the law on tax.
Thus, the regulation clearly states that social housing cannot be resold within a minimum period of 5 years from the date of full payment for the house purchase, except in cases where social housing is permitted to be resold within 5 years to the following subjects at a 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, including:
- Resell to investors of social housing construction investment projects.
- Resell to subjects eligible to buy social housing.
After 5 years from the date of full payment of the house, the buyer of social housing can resell this house according to the market mechanism to those in need if the Certificate has been granted.
