Speaking with Lao Dong Newspaper reporter, Dr. Lawyer Dang Van Cuong - Head of Chinh Phap Law Office (Hanoi Bar Association) said that according to the provisions of Clause 1, Article 78 of the 2023 Housing Law, Article 76 of the 2023 Housing Law, Clause 1, Article 77 of the 2023 Housing Law, the subjects eligible to buy or rent social housing (NOXH) include:
People with revolutionary contributions and relatives of martyrs who are eligible for support to improve their housing according to the provisions of the Ordinance on Incentives for People with Revolutionary contributions.
Poor and near-poor households in urban areas
Low-income people in urban areas.
Workers and laborers working at enterprises, cooperatives, and cooperative unions inside and outside industrial parks.
Cadres, civil servants and public employees according to the provisions of law on cadres, civil servants and public employees.
The subject has returned the official residence according to the provisions of Clause 4, Article 125 of the 2023 Housing Law, except in cases where the official residence is revoked due to violation of regulations.
Households and individuals whose land is recovered and whose houses must be cleared or demolished according to the provisions of law and have not been compensated by the State with houses and residential land.
According to the provisions of Point d, Clause 1, Article 79 of the Housing Law, in cases where subjects have the same standards and conditions, support will be implemented in order of priority for: People with revolutionary contributions; relatives of martyrs; people with disabilities; people arranged for resettlement in the form of buying or renting social housing; women.
In addition, Clause 2, Article 38 of Decree 100/2024 stipulates: The list of priority groups is arranged in order according to the time of submission of the application. Apartments for priority subjects are arranged in order of priority list until sold out, the remaining subjects are allowed to continue participating in the draw.
Thus, priority subjects will be arranged to buy social housing until it is sold out. Other subjects not in the priority group will have to draw lots to get a place to buy social housing.
According to Lawyer Dang Van Cuong, Article 38 of Decree 100/2024/ND-CP stipulates the order and procedures for selling, leasing, purchasing, and leasing social housing invested in and constructed according to the project and not using public investment capital or trade union financial resources:
Accordingly, after 30 days from the date of project commencement, the investor of the social housing construction investment project is responsible for providing information related to the project (project name; project investor; project construction location; contact address, registration address; project implementation progress; project scale; number of apartments.
These include: Number of apartments for sale; apartment area; selling price (temporarily calculated) for each type of apartment; start and end time for receiving registration and other related contents) to publicly announce on the Department of Construction's Electronic Information Page, the People's Committee at the district level (now the ward level) in the locality where the project is located;
Post at least once in the newspaper as the mouthpiece of the local government and publish it at the real estate trading floor of the investor (if any) so that people know, prepare documents to register to buy social housing and conduct monitoring and supervision;
Procedures for purchasing social housing are carried out in the following order:
Step 1. Submitting documents
- Households and individuals who need to submit documents to buy social housing directly to the project investor.
- In case the employee does not have a labor contract: Must request confirmation of the subject (enough conditions for income) issued by the Commune People's Committee.
In case of households and individuals whose land is recovered and have to clear or demolish their houses but have not been compensated by the State with houses and land: Must request confirmation about the subject issued by the People's Committee of the district (now the commune-ward level) where the land is recovered and must clear or demolish the houses.
- Each household and individual who wants to buy social housing can only submit a registration document at one project at a time.
Step 2. Receiving and checking records
- After collecting all the registration documents, the investor is responsible for reviewing each dossier, comparing with the regulations on subjects and conditions to make a list of subjects eligible to buy social housing under the project of which he is the investor.
- In case the person in need of registering to buy social housing has submitted a valid dossier according to regulations to the investor but the project no longer has a housing fund: The investor is responsible for clearly stating the reason and returning the dossier so that the person knows and submits the dossier at another project.
- When the person in need of submitting the application is required to record the receipt. If the application is invalid, the dossier recipient is responsible for clearly stating the reason for not being resolved and returning it so that the dossier submitter can supplement and complete the documents.
- During the process of receiving the application, the investor is responsible for publicly posting the List of apartments for sale, the List of remaining apartments at the place of receiving the application, the investor's office and at the Investor's Real Estate Office (if any) so that those in need know and register to buy social housing in the project.
- The investor shall send a list of subjects expected to buy social housing in order of priority to the Department of Construction where the project is located to eliminate cases that are not eligible for purchase. Accordingly:
+ The Department of Construction will send a notice to the investor to remove the names of those who are not eligible in the list of people eligible to buy social housing.
+ If after 20 days from receiving the list, the Department of Construction does not respond, the investor will notify the subjects eligible to buy social housing to reach an agreement, agree and sign the contract.
