Pursuant to the provisions of Clause 10, Article 88 of the 2023 Housing Law on the principles of selling and leasing social housing as follows:
Article 88. Principles of selling, leasing, buying, leasing social housing
10. In case of selling or leasing social housing in violation of the provisions of this Law on subjects or conditions for buying or leasing social housing, the house sale and lease contract shall be invalid and the buyer or lessee must hand over the house to the investor of the social housing construction investment project or the social housing management unit; in case the house is not handed over, the People's Committee at the provincial level where the house is located shall organize enforcement 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.
Accordingly, the competent management agency organizes the compulsory recovery of social housing that has been sold or leased when selling or leased when purchasing social housing in violation of regulations on subjects or conditions for buying or leasing social housing and after the deadline for handing over the house, it has not yet done so.
Pursuant to the provisions of Article 55 of Decree 100/2024/ND-CP on the implementation of compulsory recovery of social housing as follows:
Article 55. Procedures for compulsory recovery of social housing
2. Within 10 days from the date of issuance of the Decision on compulsory housing recovery, the Chairman of the Provincial People's Committee or authorizing the District People's Committee to decide to establish a Social Housing recovery enforcement Committee, including: The Chairman or Vice Chairman of the Provincial or District People's Committee is the head of the committee; representatives of inspection, construction, judicial, natural resources and environment agencies; project investors; representatives of the Management Board and other members decided by the Chairman of the Provincial or District People's Committee.
3. The Social Housing Rehabilitation Board mobilizes, persuades, and dialogues with the subject within 10 days; if the subject complies with the Enforcement Decision, the Rehabilitation Board shall make a record record of compliance. The handover of social housing shall be carried out no later than 30 days from the date of making the record.
In case the person subject to enforcement does not comply with the Enforcement Decision, the Enforcement Committee will organize enforcement.
Accordingly, within 20 days of issuing the Decision on the revocation of social housing, the new Recoveries Enforcement Board will be organized to carry out the enforcement, specifically as follows:
+ Decision to establish a Board of Enforcement of Social Housing Re recovery within 10 days after issuance of the Decision to recover social housing.
+ The Social Housing Rehabilitation Enforcement Board mobilizes, persuades, and dialogues with the person subject to enforcement within 10 days after the Enforcement Board is established.
