Lawyer Nguyen Thi Thuy, YouMe Law Company Limited replied:
Point d, Point dd, Point e, Clause 1, Article 89 of the Housing Law 2023 (effective from August 1, 2024) regulates the sale, lease purchase, and lease of social housing as follows:
1. The sale of social housing is carried out according to the following regulations:
d) The social housing buyer is not allowed to resell the house for a minimum period of 05 years from the date of full payment for the housing purchase, except for the case specified in Point dd of this Clause;
d) Within 05 years from the date the social housing buyer has paid in full for the housing purchase and wishes to sell this housing, it can only resell it to the investor of the housing construction investment project. social housing or reselling it to subjects eligible to buy social housing at a maximum selling price equal to the selling price of this social housing in the sales contract with the investor of the social housing construction investment project. Payment of personal income tax is carried out in accordance with the provisions of tax law;
e) After a period of 05 years from the date of full payment for the housing purchase, the social housing buyer may resell this housing according to the market mechanism to those in need if a Certificate has been issued. ; The seller does not have to pay land use fees and must pay income tax according to the provisions of tax law, except in the case of selling individual social housing, the seller must pay land use fees according to the provisions of the Law on Taxation. Government and must pay income tax according to tax laws.
Thus, within 5 years from the date the social housing buyer has paid in full for the housing purchase and wishes to sell this housing, he/she can only resell it to the investor of the housing construction investment project. social housing or reselling it to those eligible to buy social housing. After a period of 5 years from the date of full payment for housing, the social housing buyer can resell this housing according to the market mechanism to those in need if they have been granted a Certificate according to the regulations. the above regulations.
Legal advice
Please call the legal consulting hotline: 0979310518; 0961360559 to receive a quick, timely answer or email us: tuvanphapluat@laodong.com.vn for a reply.
This column is produced with support from YouMe Law Company Limited