Time when the lease buyer is allowed to resell social housing under the market mechanism

Như Hạ |

Regulations on the resale of social housing under the market mechanism are attracting much attention.

Based on the provisions of Clause 6, Article 88 of the 2023 Housing Law on the principle of social housing lease-purchase as follows:

Article 88. Principles of selling, leasing, buying, and leasing social housing

6. Each subject specified in Clauses 1, 2, 3, 4, 5, 6, 8, 9 and 10 of Article 76 of this Law is only allowed to buy or lease-purchase 1 social housing unit. Subjects specified in Clause 7 of Article 76 of this Law are only allowed to buy or lease-purchase 1 social housing unit or 1 housing unit for the people's armed forces.

Accordingly, each subject supported with social housing lease-purchase is only allowed to lease-purchase 1 social house.

Specifically for officers, professional soldiers, non-commissioned officers of the people's armed forces, police workers, civil servants, national defense workers and public employees serving in the army; people working in cipher work, people working other jobs in cipher organizations receiving salaries from the state budget who are working are only allowed to rent and buy 1 social housing or 1 housing for the people's armed forces.

Based on point d, clause 2, Article 89 of the 2023 Housing Law stipulating the sale, lease-purchase, and lease of social housing in detail as follows:

Article 89. Sale, lease-purchase, lease of social housing

2. The lease-purchase of social housing is carried out in accordance with the provisions of points a and b, clause 1 of this Article and the following regulations:

a) The minimum payment term for social housing lease-purchase is 5 years, from the date of signing the housing lease-purchase contract;

b) The social housing lease buyer is not allowed to resell the house within 5 years from the date of full payment of the house lease money according to the term specified in point a of this clause, except for the case specified in point c of this clause;

c) Within 5 years from the date the lease-purchasing party has paid the full rent for the house purchase and has a need to sell this house, it is only allowed to be resold to the housing management agency in cases where the social housing lease-purchase is invested and built with public investment capital or resold to the investor of the social housing construction investment project in cases where the social housing lease-purchase is invested and built without public investment capital or resold 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 housing management agency or the investor of the social housing construction investment project. The payment of personal income tax is carried out in accordance with the provisions of tax law;

d) After a period of 5 years, from the date the lease buyer has paid sufficient rent for social housing purchases according to the term specified in point a of this clause, the lease buyer is allowed to resell this house according to the market mechanism as prescribed in point e of clause 1 of this Article.

Thus, after a period of 5 years, from the date the lease buyer has paid sufficient rent for social housing according to a minimum period of 5 years from the date of signing the lease purchase contract, the lease buyer is allowed to resell this house according to the market mechanism.

Như Hạ
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