Currently, the Housing Law 2023 only stipulates: People renting or leasing social housing cannot lease it back to others during the lease term.
In case of "broken" social housing, the law only does not allow transfer within 5 years from the time of full payment but does not limit the re-lease of the social housing purchased.
This is reflected in the principles of leasing, leasing, buying and selling social housing stipulated in Clauses 4, 5, 6, 7, 8, Article 88 of the Housing Law 2023.
Accordingly, the Law only stipulates that people renting social housing cannot use the rented house for any purpose (including leasing to others) except for the purpose of living for themselves and family members, but does not prohibit people who have bought social housing without living in that house from renting it.
Accordingly, if an individual is renting or leasing a social housing but no longer needs to use that housing, the contract must be terminated and the house must be returned to the investor.
In case of renting or leasing social housing but then leasing it back, according to Point b, Clause 2 and Point d, Clause 6, Article 64 of Decree 16/2022/ND-CP, the social housing renter who violates the regulations will be fined from 100 - 120 million VND and forced to recover that social housing.
Note: The above fine is the fine applied to the violating organization. For individuals committing the same violation, the fine for individuals is equal to 1/2 of the fine for organizations (based on Point c, Clause 3, Article 4, Decree 16/2022/ND-CP).
In addition, according to Point b, Clause 3, Article 89 of the 2023 Housing Law, the rental of social housing must be established into a contract with the contents specified in Article 163 of this Law.
Thus, when renting social housing, it is mandatory to make a lease contract.
