Pursuant to Clause 10, Article 88 of the 2023 Housing Law, it is stipulated 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.
In addition, according to Clause 1, Article 175 of the 2023 Housing Law, it is stipulated as follows:
Article 175. Rights and obligations of the lessee
1. The home lessee must comply with the provisions of this Law, other rights and obligations as agreed in the home lease contract.
In case the house purchase contract is terminated and the lessee has received the house handover, the lessee must return the house to the lessor; the lessee will be refunded the amount of money that was initially paid, except for the cases specified in Point d, Clause 2 of this Article, Point e and Point h, Clause 1, Article 127, Points a, b, c, d and dd, Clause 2, Article 176 of this Law.
Thus, in case the house purchase rental contract is terminated and the lessee has received the house, the lessee will be able to buy a refund of the initial payment.
Note: except in cases where the people's armed forces rent social housing that is not public property but after signing the contract, are determined to be incorrect subjects at Point b, Clause 2, Article 176 of the 2023 Housing Law.
