Who is Eligible to Rent Official Residence? Conditions for Renting?

“Who is eligible to rent official residence? Conditions for renting official residence?“ are issues of concern for many cadres, civil servants, public employees, and workers when they are mobilized, rotated, or arranged to work far from their place of residence. Correctly understanding these regulations not only helps beneficiaries enjoy their legitimate rights but also ensures that public asset management is carried out for the proper purpose. In the following article, Long Phan Consultants will provide information on the conditions as well as the subjects eligible to rent official residence.

What is government housing?

According to Clause 5, Article 2 of the Law on Housing 2023, official residence (also known as official duty housing) is housing used to accommodate subjects eligible to rent official residence during the time they hold office or are on duty.

• Legal Classification: Official residence is a type of housing belonging to public assets under Point a, Clause 1, Article 13 of the Law on Housing 2023. It includes central official residences and local official residences.
• Types and Standards: According to Article 44 (guided by Decision 11/2024/QD-TTg), official residences include villas, row houses, and apartments with different area standards suitable for each group of eligible subjects.
• Equipment Norms: The area standards and interior equipment norms are regulated by the Prime Minister and adjusted to suit each period upon the proposal of the Ministry of Construction.

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Those eligible to rent public housing according to current legal regulations.

Pursuant to Article 45 of the Law on Housing 2023, Clause 8 Article 71 of the Law on Science and Technology 2025, and Decision 45/2025/QD-TTg, the eligible subjects include:

1. Leadership and High-Ranking Officials

• Leaders of the Party and State eligible for official residence during their tenure.
• Officials and civil servants of Party/State agencies mobilized, rotated, or seconded from localities to central agencies (holding positions from Deputy Head of Government agency and equivalent upwards); or from central to local/local to local (holding positions from Vice Chairman of District People’s Committee, Deputy Director of Department and equivalent upwards).

2. Personnel in Special Areas and Armed Forces

• Officials, civil servants, and public employees sent to work in deep-lying, remote areas, areas with exceptionally difficult socio-economic conditions, border areas, or islands.
• Officers, professional military personnel, and soldiers of the People’s Armed Forces mobilized for defense/security; and public security workers/defense officials sent to remote/border areas (unless required to live in barracks).
• Teachers, doctors, and medical staff sent to work in rural, remote, difficult areas, borders, and islands.

3. Scientists and Administrative Re-arrangement Subjects

• Chief Engineers (according to the Law on Science and Technology) and talents with important contributions to the nation recognized by competent authorities.
• Officials and civil servants who must move their workplace to a new political-administrative center in localities undergoing administrative unit arrangements (Decision 45/2025/QD-TTg).

Conditions for renting public housing.

Based on Clause 2 Article 45 of the Law on Housing 2023 and Decree 95/2024/ND-CP, the conditions are as follows:

1. General Conditions on Appointment and Housing Status

• For Leaders (Group A): Must be currently holding office and arranged housing due to security requirements.
• For Mobilized Officials (Group B): Must have a decision on mobilization/rotation/secondment. Must not own a house, not yet rented/purchased social housing at the new location, or own a house with an average area under 20m²/person at the new location.

2. Specific Conditions for Armed Forces

• Must have a mobilization decision and documents proving status as an officer/professional soldier/defense worker.
• Must meet the housing status criteria (no house or <20m²/person at the new location).
• Crucially: Must not fall under the category required to live in the barracks of the People’s Armed Forces.

3. Geographic and Distance Conditions

• For those sent to rural/remote areas (Groups C & D): Must be sent to areas outside their district-level locality.
• Distance Requirement: For rural/midland areas, the distance from their current residence to the new workplace must be 30km or more. For remote/difficult/border areas, the minimum distance is 10km (subject to provincial regulations).

Procedures for renting public housing.

Pursuant to Article 32 of Decree 95/2024/ND-CP:

1. Application Submission and Verification

• For Leaders: Arranged by decision of the competent authority.
• For Other Subjects: Submit a Request for renting official residence (Form No. 03) to the current working agency. Within 10 days, the agency verifies and forwards the request to the competent authority (Ministry of Construction, Ministry of Defense, or Provincial housing agency).

2. Decision on Leasing

• Within 20 days of receiving the document, the competent authority checks eligibility.
• If eligible, a Decision on leasing official residence is issued (Form No. 04). If ineligible, a written response stating the reason must be provided.

3. Contract Signing

• Within 10 days of receiving the decision, the housing operation management unit signs the rental contract with the tenant (or the tenant’s managing agency) according to Form No. 02.
• Note: For central officials sent to localities where the central agency has no housing fund, the agency must request the Provincial People’s Committee to arrange housing (processed within 15 days).

What are the rights and obligations of tenants of public housing?

According to Article 47 of the Law on Housing 2023:

1. Rights of the Tenant

• To receive the house and equipment as agreed; to use the house for themselves and family members during the tenure.
• To request the operation unit to repair damages not caused by the tenant’s fault.
• To continue renting if the term expires but the tenant remains eligible.

2. Usage Obligations

• To use the house for residential purposes only; to preserve the house and equipment; not to arbitrarily renovate or demolish.
• Prohibitions: Strictly not allowed to sublet, lend, or authorize management of the official residence.
• To pay rent and other living costs (electricity, water, etc.).

3. Return Obligations

• Must return the house to the managing agency within 90 days from the date of retirement, transfer to another locality, or loss of eligibility.
• Failure to return within the deadline will result in a forced recovery decision and public notification on mass media.

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Long Phan Consulting provides consulting services for procedures related to renting public housing.

Long Phan Consultants provides comprehensive support for issues related to official residence rental procedures.

• Eligibility Assessment: We consult on conditions for renting official residence and review your current profile against legal requirements to assess the probability of approval.
• Drafting: We support drafting the Request for Rental and compiling all relevant legal documents according to standard forms.
• Representation: We represent the client to submit files and monitor progress at the housing management agency or operation unit, ensuring a swift and accurate process.

Frequently Asked Questions about the Procedure for Renting Public Housing

Below are some frequently asked questions regarding public housing rentals; please refer to them:

What are the principles for determining the rental price of public housing?

According to Article 46 of the 2023 Housing Law and Article 31 of Decree 95/2024/ND-CP, the principles for determining the rental price of public housing are as follows:

• Accurately and fully calculate the necessary costs for operational management, maintenance, and rental management during the use of public housing.
• Land use fees for the construction of public housing are not included in the calculation, nor are depreciation costs for the investment capital used to build public housing or the costs of purchasing commercial housing to be used as public housing.
• The rental price for public housing is determined by the competent authority as stipulated in Article 14 of the 2023 Housing Law and is subject to review and adjustment in accordance with each period.
• In cases where commercial housing is leased for use as official housing, the tenant pays less rent than the commercial housing rate.

What land is included for building public housing?

According to Article 40 of the 2023 Housing Law and Point c, Clause 5, Article 57 of the 2024 Urban and Rural Planning Law, the regulations regarding land for the construction of public housing are as follows:

• The land area for constructing public housing is specifically determined in the approved urban and rural planning regulations.
• For official housing of central government agencies, the Ministry of Construction shall preside over and coordinate with the People’s Committees of provinces to determine the land area for the construction of official housing in the locality, except for cases stipulated in Clause 3, Article 40 of the Housing Law 2023. The People’s Committees of provinces are responsible for allocating land area for the construction of official housing as requested by the Ministry of Construction.
• For official housing for members of the People’s Armed Forces as stipulated in the 2023 Housing Law, the Ministry of National Defense and the Ministry of Public Security shall preside over and coordinate with the Ministry of Construction and the People’s Committees of the provinces where there is a need to build official housing to determine the land area for constructing official housing for members of the People’s Armed Forces.
• For local government-run housing, the provincial People’s Committee is responsible for allocating land for the construction of public housing when preparing and approving planning in accordance with the law.
• The State does not collect land use fees for the land area used for the construction of public housing as stipulated in Article 40 of the 2023 Housing Law.

What are the regulations regarding the types of housing and the standard area for public housing?

According to Article 44 of the Housing Law 2023, as guided by Decision 11/2024/QD-TTg, it is stipulated that:

• Public housing includes villas, townhouses, and apartments with different area standards to suit different groups of people eligible to rent public housing as stipulated in the 2023 Housing Law.
• The standards for area and interior furnishings of official residences are stipulated by the Prime Minister and adjusted to suit each period at the request of the Ministry of Construction.

What are the differences between public housing and social housing?

The core difference is that official housing is for “rent” while employed and must be returned (not for ownership), and is intended for transferred officials. Social housing is a social welfare policy, targeting a broader group (low-income earners, etc.) and can be “purchased” or “rent-to-own” for long-term ownership.

Legal basis:Section 1, Chapter IV, Housing Law 2023; Section 2, Chapter VI, Housing Law 2023.

Can government-owned housing be sold (privatized) or issued with a land ownership certificate?

No. According to Clause 5, Article 2 of the 2023 Housing Law, public housing is clearly stipulated as public property, for rent only, not subject to sale (privatization), and tenants are not granted a Certificate of Ownership (Pink Book) for this housing.

Conclusion

Compliance with regulations on official residence rental procedures helps stabilize accommodation and avoid future risks.

If you encounter difficulties in establishing documents or need answers regarding rental conditions, please contact Long Phan Consulting Company immediately via Hotline: 1900636389. We are ready to provide in-depth legal support to offer the optimal solution for you quickly.