Procedures for reselling social housing within 5 years

Lawyer Nguyen Thi Thuy, YouMe Law Firm LLC, replied:

Article 39 of Decree No. 100/2024/ND-CP detailing a number of articles of the Housing Law on the development and management of social housing stipulates the order and procedures for reselling social housing within 5 years as follows:

The reselling of social housing within 5 years as prescribed in Point d, Clause 1, Article 89 of the Housing Law is implemented as follows:

1. In case of reselling social housing to the project investor, the seller must carry out procedures to liquidate the Contract with the investor. The reselling is carried out in accordance with the provisions of Point d, Clause 1, Article 89 of the Housing Law and the provisions of the law on real estate business and the law on land.

2. In case of reselling social housing to other subjects eligible for purchase or lease-purchase social housing, the following provisions shall apply:

a) The buyer of social housing must have documents confirming the subject and conditions according to the instructions of the Minister of Construction, the Minister of National Defense and the Minister of Public Security and submit the dossier to the local Department of Construction where the project is located to determine the correct subject and conditions as prescribed in Point d, Clause 1, Article 38 of this Decree;

b) The resellor must carry out procedures to liquidate the Contract with the project investor (if any). The reselling is carried out in accordance with the provisions of Point d, Clause 1, Article 89 of the Housing Law and the provisions of the law on real estate business and the law on land.

Point d, Clause 1, Article 89 of the 2023 Housing Law stipulates the sale, lease-purchase, and lease-purchase of social housing as follows:

d) Within 05 years from the date the buyer of the social housing has paid the full price for the house and has a need to sell the house, he/she can only resell it to the investor of the social housing construction investment project or resell it to the subject eligible to buy social housing at the maximum selling price equal to the selling price of this social housing in the sale and purchase contract with the investor of the social housing construction investment project. Personal income tax payment is implemented in accordance with the provisions of the law on tax;

Thus, the order and procedures for reselling social housing within 5 years are implemented according to the above regulations.