Ms. P.T.T in An Giang discussed that she has a permanent residence in Hon Dat commune, works and registers for temporary residence in Rach Gia ward.
The salary of the couple is less than 30 million VND. Ms. T asked: Are you eligible to buy social housing under the regulation on low-income people in urban areas?
If Ms. T is eligible to buy social housing, what documents should she submit?
Regarding the regulation on confirming subjects and confirming income conditions, will the People's Committee of the commune where they are permanent or temporarily residing confirm it?
Confirm the income conditions for low-income subjects for 1 consecutive year from the time of submitting the application for social housing purchase.
So, in that consecutive year, if Ms. Thuy has no income for 5 months, does she need to declare whether she is eligible to buy social housing or not?
Ms. T has submitted an application for approval, however, the competent authority replied that she is not eligible to buy because she is not a low-income person in the city because she does not have a permanent household registration in the city.
The Ministry of Construction responds to this issue as follows:
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:
"1. For subjects specified in Clauses 5, 6 and 8, Article 76 of the Housing Law, the following income conditions must be ensured:
a) In case the plaintiff is a single person, with actual monthly income, the employee shall not exceed 15 million VND in salary according to the 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 husband (husband) with a total monthly income shall receive no more than 30 million VND in salary according to the Salary Table, confirmed by the agency, unit, or enterprise where the subject works.
b) The time to determine income conditions for 01 consecutive year, calculated 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.
2. 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 singer and his/her husband (spouse) with the total monthly income actually receive no more than 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".
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 Minister 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).
Confirm the subject as follows:
At point c, clause 1, Article 38 of Decree No. 100/2024/ND-CP, it is stipulated that:
"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:
"2. Agencies, units, and enterprises shall confirm the form of documents proving the subject in the following cases:
a) Low-income people in urban areas (in cases where there is a labor contract".
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 follow 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 documents, the declarer must ensure that the statements are true and be fully responsible before the law for the contents declared.
