Tiếng Việt
Table of Contents
1. What are the rights, obligations and responsibilities of buyers, hire-purchasers and tenants of social housing?
2. What are the procedures for reselling social housing after 5 years regulated?
1. What are the rights, obligations and responsibilities of buyers, hire-purchasers and tenants of social housing?
Pursuant to Clause 2, Article 45 of Decree 100/2024/ND-CP detailing a number of articles of the Housing Law on the development and management of social housing:
“For the buyer, hire-purchaser, and lessee of social housing:
a) Have the right to terminate the Contract for sale, hire-purchase, or lease of social housing according to the agreement in the signed Contract;
b) Must implement the terms agreed upon in the signed Contract for sale, hire-purchase, or lease of social housing and the Regulations on management and use of apartment buildings in the case of social housing being an apartment building;
c) The buyer, hire-purchaser, or lessee must comply with the decision of the competent authority on handling violations and resolving complaints and disputes related to the sale, hire-purchase, or lease of social housing and exercise other rights and obligations as prescribed by law;
d) For social housing for rent, the tenant is responsible for returning the house to the lessor as agreed in the signed Housing Lease Contract; in case the tenant unilaterally terminates the Contract before the term, he/she must notify the lessor at least one month in advance; if the tenant has paid the rent in advance for the entire rental period according to the Contract, he/she shall receive back the rent paid for the remaining rental period and the deposit (if any), except in the case of unilateral termination of the Contract due to one party’s violation, leading to the deposit having to be handled according to the Civil Code; the tenant has the right to buy the rented house if the owner sells the house according to the provisions of this Decree and relevant housing laws; shall not arbitrarily maintain or renovate the rented house, use the rented house for other purposes, sublet or lend the house; shall not transfer the Housing Lease Contract or exchange the rented house with another person without the consent of the lessor; d) In case the Contract expires and the tenant is still eligible and meets the conditions for renting social housing, the parties shall agree to sign a new Housing Lease Contract; three months before the expiration of the Lease Contract, if the tenant still has a need to rent housing and does not violate the cases subject to termination of the Housing Lease Contract as agreed in the signed Housing Lease Contract, he/she shall have the right to sign a new Housing Lease Contract or extend the Social Housing Lease Contract;
e) The social housing tenant shall be responsible for paying in advance to the landlord a deposit as agreed by the two parties, but not exceeding 3 months maximum, not less than 01 month of housing rent to ensure the performance of the tenant’s obligations.
The landlord and the social housing tenant are allowed to agree on a deposit amount higher than the amount prescribed in this clause but not exceeding 50% of the value of the rented housing. In case the lessee pays the deposit as prescribed in this clause, the rental price of the house will be reduced or the rent will not be paid for a certain period of time as agreed by the two parties.”
2. How are the procedures for reselling social housing after 5 years regulated?
Pursuant to Article 40 of Decree 100/2024/ND-CP detailing a number of articles of the Housing Law on the development and management of social housing:
“Article 40. Procedures for reselling social housing after 5 years
The procedures for reselling social housing after 5 years as prescribed in Point e, Clause 1, Article 89 of the Housing Law shall be implemented according to the following provisions:
1. The seller has a Certificate of land use rights and ownership of assets attached to the land.
2. The resale shall be implemented in accordance with the provisions of the law on real estate business and the law on land.”