Ms. Nguyen Thi Phuong Thao in Bac Ninh is raising her young child and selling vegetables at the market. She is a low-income person without a labor contract. Ms. Thao wants to buy social housing.
However, the People's Committee of the commune refused to confirm her income due to the reason of not being able to verify her income.
The People's Committee of the commune asked Ms. Thao to request confirmation of the income of the head of the residential area.
Ms. Thao said that the head of the neighborhood did not confirm it because of the responsibility to confirm that it was a commune, not a head of the neighborhood.
The head of the neighborhood could only confirm that she was residing in the neighborhood, not knowing to confirm her income.
Ms. Thao asked, in her case, what should I do to be confirmed that I am eligible to buy social housing? If the Commune People's Committee does not confirm, which agency should you contact to direct the commune to confirm to citizens?
The Ministry of Construction responds to this issue as follows:
On November 27, 2023, at the 6th session, the 15th National Assembly passed Housing Law No. 27/2023/QH15 (effective from August 1, 2024).
On July 26, 2024, the Government issued Decree No. 100/2024/ND-CP detailing a number of articles of the Housing Law on social housing development (effective from August 1, 2024).
On July 31, 2024, the Minister of Construction issued Circular No. 05/2024/TT-BXD detailing a number of articles of the Housing Law.
At Point b, Clause 1, Article 78 of the 2023 Housing Law, it is stipulated that: "... the subjects specified in Clauses 5, 6, 7 and 8, Article 76 of this Law to be able to buy or rent social housing must meet the income conditions according to Government regulations...".
Clause 2, Article 30 of Decree No. 100/2024/ND-CP stipulates: "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 person in favor and his/her husband/s wife (husband) with a total monthly income shall receive no more than 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".
Clause 1, Article 8 of Circular No. 05/2024/TT-BXD stipulates: "Forms of documents proving income conditions for buying and renting social housing shall comply with Form No. 4 (for cases where subjects are specified in Clause 5, Clause 6, Clause 7 and Clause 8, Article 76 of the Housing Law) or Form No. 5 (for subjects specified in Clause 5, Article 76 of the Housing Law but without labor contracts) in Appendix I issued with this Circular.
In case the person applying for or renting social housing is married, the wife or husband of that person must also declare a form of documents proving income conditions according to Form No. 4 or Form No. 05 in Appendix I issued with this Circular".
Based on the above regulations and information on residence, occupation, etc., the People's Committee at the commune level confirms the income conditions for low-income people without labor contracts.
Individuals who are low-income people without labor contracts when registering to buy or rent social housing must ensure that the statements they declare are true and are fully responsible before the law for the contents declared.
