Ministry of Construction responds to the conditions for buying social housing for freelance workers

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The Ministry of Construction's agency has just responded to citizens' questions about the conditions for buying and renting social housing.

On the Ministry of Construction's Information Portal, reader T.A wondered:

My family does not have a house yet. Now I want to participate in buying and renting social housing in Ho Chi Minh City. Currently, only my husband works with a labor contract with a salary of 12-13 million VND/month. I both take care of my disabled child and help with small businesses, without a labor contract. So, are my conditions for participating in buying and renting social housing according to regulations?

Answering this question, the Department of Housing and Real Estate Market Management (Ministry of Construction) has the following opinion:

Clause 5, Article 76 of the 2023 Housing Law stipulates the beneficiaries of social housing support policies as follows: "5. Low-income people in urban areas".

Housing law stipulates that to be able to buy or rent-purchase social housing, they must be eligible for social housing support policies and meet sufficient conditions (in terms of housing and income).

Articles 29 and 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 development and management of social housing stipulate conditions on housing and income to enjoy social housing support policies (amended and supplemented by Decree No. 54/2026/ND-CP dated February 9, 2026 and Decree No. 136/2026/ND-CP dated April 7, 2026 as follows:

Article 29. Housing conditions

1. Cases where there is no housing owned by them are determined when the subject specified in Clause 1, Article 77 of the Housing Law and the spouse of that subject (if any) are determined to have no name or no housing information content in the Certificate of land use rights, ownership of assets attached to land in the province or centrally-run city where the social housing project is located...

2. In case the subject specified in Clause 1, Article 77 of the Housing Law has houses owned by him but the average housing area per capita is less than 15 m2 of floor space/person. The average housing area per capita specified in this clause is determined on the basis of including: the applicant, his wife (husband), parents (if any) and children of that person (if any) registered permanently residing in that house.

Within 7 days from the date of receiving the application for confirmation of the average housing area per capita, the commune-level People's Committee shall carry out the confirmation for the cases specified in this clause.

Article 30. Conditions on income

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 applicant is a non-married person or is certified as single, the average monthly actual income does not exceed 25 million VND calculated according to the Salary and Wages Table certified by the agency, unit, or business where the subject works.

In case the applicant is a non-married person or is certified as single and is raising a minor child, the average monthly actual income does not exceed 35 million VND calculated according to the Salary and Wages Table certified by the agency, unit, or business where the subject works.

b) In case the applicant is married according to the provisions of law, the applicant and their spouse have a total average monthly actual income of no more than 50 million VND calculated according to the Salary and Wages Table certified by the agency, unit, or business where the subject works.

c) The time to determine income conditions according to the provisions of points a and b of this clause is within 12 consecutive months, calculated from the time the competent authority performs the confirmation.

2. In case the subject specified in Clause 5, Article 76 of the Housing Law does not have a labor contract, it must ensure income conditions as prescribed in Clause 1 of this Article and be certified by the commune-level police agency where the citizen is permanently or temporarily residing or currently residing. Within 7 days from the date of receiving the request for confirmation, the commune-level police agency where the citizen is permanently or temporarily residing or currently residing at the time of the citizen's request, is responsible for confirming information including: Full name, middle name and name; Date, month, year of birth; gender; personal identification number; date, month, year of issuance of citizen identification card/identity card; place of permanent residence/temporary residence/current place of residence.

Citizens are responsible for declaring and committing to information on average monthly income. The commune-level police coordinate with relevant agencies in verifying and post-checking information on average monthly income of citizens for necessary cases. The application form confirming the income conditions specified in this clause is also a document proving the beneficiaries of social housing support policies.

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