HANOI DEPARTMENT OF JUSTICE
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On November 27, 2023, the National Assembly officially passed the Housing Law 2023. It regulates cases of repossession and forced repossession of housing belonging to public property from January 1, 2025.

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Specifically, the Housing Law 2023 regulates cases of recovery and forced recovery of housing belonging to public property as follows:

(1) Revocation of public housing is carried out in one of the following cases:

- Leasing, leasing, buying or selling housing without authority or to the right person or without meeting the conditions prescribed by housing law;

- At the end of the lease term, the lessee no longer needs to continue renting or both parties agree to terminate the housing lease contract;

- The lessee or rent-purchaser returns the rented or lease-purchased house;

- The lessee is no longer eligible to rent housing according to the provisions of the Housing Law 2023;

cases-of-recovery-and-forced-recovery-of-housing-belonging-to-public-property-from-january-1-2025

Photo 1. Cases of recovery and forced recovery of housing belonging to public property from January 1, 2025_ Hotline: 097 211 8764

- The lessee dies or is declared missing by the Court and no one is living with him; The person renting public housing dies or is declared missing by the Court;

- The lessee or rent-purchaser fails to pay the full rent according to the contract for 3 months or more without a legitimate reason;

- Housing for rent or lease purchase that must be demolished for renovation or reconstruction according to the decision of a competent state agency; Housing that does not ensure safety in use according to the provisions of construction law;

- The lessee or lessee uses the house for purposes other than the agreed upon purpose in the house lease or lease purchase contract or arbitrarily converts, sells, sublets, lends the house or arbitrarily destroys or destroys the house. expanding, renovating, demolishing rented or lease-purchased houses;

- The lessee of the official residence may be mobilized, rotated, or seconded to work in another locality;

- Illegal occupation of housing.

(2) People who are renting, rent-purchasing, buying housing or who are using housing that is subject to revocation according to the above regulations must hand over the housing to the unit assigned to manage the housing;

In case the house is not handed over, the representative of the owner of the house belonging to public property shall decide on forced recovery. The Provincial People's Committee is responsible for organizing the enforcement of house recovery or assigning the District People's Committee where the house is located to carry out the enforcement of house recovery within 30 days from the date of the decision on enforcement. recall mechanism issued.

After recovering the house, based on specific cases, the competent authority will convert the function or continue to manage and arrange for rent, lease purchase and sale according to the provisions of the Housing Law 2023.

Thus, cases of repossession and forced repossession of housing belonging to public property are specifically regulated as above under the Housing Law 2023.

The Housing Law takes effect from January 1, 2025.

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cases-of-recovery-and-forced-recovery-of-housing-belonging-to-public-property-from-january-1-2025

Photo 2. Free legal advice _ Hotline: 097 211 8764

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