On the Government Portal on September 5, Mr. L.V.T in Ninh Binh shared that Clause 2, Article 30 of Decree No. 100/2024/ND-CP stipulates that within 07 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 to buy or rent social housing.
The Decree has also provided a form for the People's Committees at the commune level to confirm when people want to complete the documents to buy social housing. However, in reality, when people go to get confirmation of income conditions for low-income people without labor contracts, the People's Committee at the commune level does not confirm it, citing the reason of not being able to verify income. This leads to the State's preferential policies on social housing not reaching the people.
Mr. T said that the regulations are clear, there should be a directive document from the Provincial People's Committee so that commune-level cadres do not use the excuse of avoiding confirming income conditions for people, or need more detailed instructions to make the procedures for confirming income conditions of people without labor contracts at the Commune People's Committee convenient and on time.
The Ministry of Construction responds to this issue as follows:
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 the Government's regulations".
Clause 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:
"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 (spouse) with a total monthly income shall not exceed 30 million VND. Within 07 days from the date of receipt of the confirmation request, the People's Committee at the commune level shall confirm the income conditions for 01 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 that the form of documents proving income conditions for the purchase or lease-purchase of social housing shall comply with Form No. 05 (for subjects specified in Clause 5, Article 76 of the Housing Law but without labor contracts) in Appendix I issued with this Circular.
Based on the above regulations, 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.
In case the People's Committee at the commune level refuses to confirm, people should report and petition the People's Committee at the provincial level or the Department of Construction for guidance and resolution according to regulations.
