Sign a lease contract for social housing to be formed in the future?

Lawyer Nguyen Thu Thuy, YouMe Law Company Limited replied:

Clause 3, Article 89 of the Housing Law 2023 (effective from August 1, 2024) regulates the sale, lease purchase, and rental of social housing as follows:

3. Social housing rental is carried out according to the following regulations:

a) Lease of available social housing can only be carried out when ensuring the provisions of Clause 4 or Clause 5, Article 88 of this Law;

b) The lease of social housing must be made into a contract with the contents specified in Article 163 of this Law;

c) Do not sign a lease contract for social housing to be formed in the future. In case the housing meets the conditions specified in Points a and b, Clause 3, Article 88 of this Law, the investor of the social housing construction investment project may only sign a deposit contract and collect the deposit. Maximum housing rental deposit equal to 12 months of temporarily calculated rent; Signing a housing rental deposit contract must ensure the right subjects and conditions for renting social housing prescribed in this Law; After the housing meets the conditions prescribed in Clause 4, Article 88 of this Law, the investor of the social housing construction investment project may sign a housing lease contract with the tenant.

Thus, it is not allowed to sign a lease contract for social housing to be formed in the future according to the above regulations.