On the Ministry of Construction's Information Portal, Ms. P.T.T in An Giang asked: I have a permanent residence permit in Hon Dat, I am working and registering for temporary residence in Rach Gia with a salary of less than 30 million VND for the couple.
Thus, am I eligible to buy social housing under the regulation on low-income people in urban areas?
If I am eligible to buy social housing, what documents do I need to submit?
Regarding the regulation on confirming subjects and confirming income conditions, will the People's Committee of the commune where the subject is residing or temporarily residing confirm it?
When confirming the income condition for low-income subjects, it is calculated from 1 consecutive year from the time of submitting the application for social housing purchase. Thus, in that year, if I have no income for 5 months, do I need to declare whether I am eligible to buy social housing?
I submitted my application for approval, but the competent authority replied that I was not eligible to buy because I was not a low-income person in the city because I did not have a permanent residence permit in the city.
Regarding this content, the Department of Housing and Real Estate Market Management, Ministry of Construction has the following opinion:
Regarding confirmation of income conditions
Clauses 1 and 2, Article 30 of Decree No. 100/2024/ND-CP dated July 26, 2024 of the Government detailing a number of articles of the Housing Law on the development and management of social housing stipulates:
For subjects specified in Clauses 5, 6 and 8, Article 76 of the Housing Law, the following income conditions must be ensured:
In case the petitioner is a single person, with actual monthly income, the salary is not more than 15 million VND calculated according to the Salary and Salary Table confirmed by the agency, unit, or enterprise where the subject works.
In case the plaintiff is married according to the provisions of law, the plaintiff and his/her wife (husband) with a total monthly income shall receive no more than 30 million VND in equity according to the Salary and Salary Table confirmed by the agency, unit, or enterprise where the subject works.
The time to determine income conditions for 1 consecutive year, starting from the time the subject specified in this clause submits a valid dossier to the investor to register to buy or rent-purchase social housing.
In case the subject specified in Clause 5, Article 76 of the Housing Law does not have a Labor Contract, if he/she is single, the actual monthly income received shall not exceed 15 million VND, if he/she is married according to the provisions of law, the single person and his/her husband (spouse) with a total monthly income shall not exceed 30 million VND. Within 7 days from the date of receipt of the confirmation request, the People's Committee at the commune level shall confirm the income conditions for 1 consecutive year from the time the subject specified in this clause submits a valid dossier to the investor to register for the purchase or rental of social housing".
For example, the document declaring income conditions to buy social housing according to the instructions in Article 8 of Circular No. 05/2024/TT-BXD dated July 31, 2024 of the Ministry of Construction detailing a number of articles of the Housing Law (Form No. 04 or Form No. 05 of Appendix I issued with the Circular).
Confirmation of the subject
At point c, clause 1, Article 38 of Decree No. 100/2024/ND-CP stipulates: "The subjects specified in Clause 5, Article 76 of the Housing Law, in case there is no Labor Contract, must have confirmation of the subject from the People's Committee at the commune level according to the instructions of the Minister of Construction".
Clause 2, Article 6 of Circular No. 05/2024/TT-BXD stipulates:
Agencies, units, and enterprises shall confirm the form of documents proving the subject in the following cases:
Low-income people in urban areas (for cases with labor contracts)
At point c, clause 1, Article 6 of Circular No. 05/2024/TT-BXD, which stipulates the form of documents proving the beneficiaries of social housing support policies: "the subjects specified in Clause 5, Article 76 of the Housing Law shall comply with Form No. 01 in Appendix I issued with this Circular".
Thus, the law on housing has specific regulations and instructions on confirming subjects and income conditions for subjects with low incomes in urban areas (in cases of labor contracts and no labor contracts). At the same time, in the Confirmation papers, the declarer must ensure that the statements are true and be fully responsible before the law for the contents declared.
