Can social housing be transferred after 3 years in Vietnam?

Can social housing be transferred after 3 years in Vietnam?

Pursuant to Clause 4, Article 19 of Decree No. 100/2015/ND-CP stipulating purchase, lease, or lease purchase of social housing as follows:

1. Eligible buyers, tenants and conditions for purchase, lease, or lease purchase of social housing are specified in Article 49 and Article 51 of the Law on Housing; each household and individual shall receive social housing assistance once as prescribed in Article 52 of the Law on Housing.

2. The purchase, lease, or lease purchase of social housing invested by state budget shall comply with regulations of law on management and use of state-owned houses.

3. The tenant of a social house must not sublease or transfer the house in any shape or form during the lease term under then contract with the landlord.

4. The buyer or tenant/buyer of a social house must not put it up as collateral (except pledging it to the bank to as security for a mortgage loan on the same house) and must not transfer it in any shape or form for at least 05 years since the payment for purchase or lease purchase of the house is completely made under the contract with the seller of seller/landlord. The house may only be sold, mortgage, or leased out after the Certificate is granted.

Since the buyer or tenant/buyer of the social house is permitted to sell it, apart from the amounts payable when selling houses as prescribed by law, the seller of an apartment shall pay 50% of the land levy on such apartment to the State; the seller of a row house shall pay 100% of land levy according to the land prices imposed by the People’s Committee of the province at that time.

5. Before the end of the 5-year period, if the buyer or tenant/buyer wishes to sell the social house, it may only be sold to the State (in case of lease purchase of a social house invested by the State) or to the investor in the social housing project (in case of purchase or lease purchase of a social house invested by sources of capital other than state budget) or to an entity eligible to buy or lease purchase social housing specified in Article 49 of the Law on Housing. The selling price shall not exceed that of the same type of social housing at the same time, the same location. Personal income tax is exempt.

6. Regarding a project of social housing for lease, the investor may only sell the houses after at least 10 years from the project completion and only to the entities specified in Article 49 of the Law on Housing. The selling price shall not exceed that of the same type of social housing at the same location.

7. In case of purchase or lease purchase of detached social houses invested by households and individuals, the transfer of LUR must comply with regulations of law on land.

8. According to provisions of this Decree and instructional documents issued by competent authority, the People’s Committees of provinces shall promulgate specific regulations on consideration and order or priority of entities that wish to buy, lease, and lease purchase local social housing in a way that is appropriate for socio-economic conditions of their provinces.

9. The Ministry of National Defense and the Ministry of Public Security shall promulgate specific regulations on entities eligible to buy, lease, and lease purchase social houses of social housing projects executed by the Ministry of National Defense and the Ministry of Public Security after reaching a written agreement with the Ministry of Construction.

Thus, in principle, buyers or tenants of social housing are not allowed to transfer houses in any form for a minimum period of 5 years from the payment for purchase or lease purchase of the house is completely made under the contract with the seller of seller/landlord, the lessor and you do not have that certificate of land use rights. Therefore, the period of 03 years and 04 months as you mentioned has not met the conditions to be transferred in Vietnam.

Best Regards!