Sending questions to the Government Electronic Information Portal, Mr. Do Van Hien (Hanoi) said that he participated in fighting to protect the Fatherland in the northern border area, enjoyed benefits according to Decision No. 62/2011/QD-TTg, was demobilized, discharged from the army, and had a decision to commend him with the Third-class Military Exploit Medal (this document has been lost).
Mr. Hien asked, do you belong to the object of people who participated in the resistance war for national liberation, national defense, and international obligations under Article 3 of Ordinance No. 02/2020/UBTVQH14 to be prioritized for buying social housing?
The Ministry of Construction answers this question as follows:
Clause 1, Article 76 of the 2023 Housing Law stipulates the subjects entitled to social housing support policies as follows:
1. People with meritorious services to the revolution, relatives of martyrs who are eligible for housing improvement support according to the provisions of the Ordinance on Preferential Treatment for People with Meritorious Services to the Revolution".
Clause 1, Article 78 of the 2023 Housing Law stipulates:
1. Subjects specified in Clauses 1, 4, 5, 6, 7, 8, 9 and 10 of Article 76 of this Law who purchase or lease social housing must meet the following conditions:
a) Conditions on housing: subjects specified in clauses 1, 4, 5, 6, 7, 8, 9 and 10 of Article 76 of this Law to be allowed to buy or lease-purchase social housing must not have housing owned by themselves in the province or centrally-run city where the social housing construction investment project is located, have not been allowed to buy or lease-purchase social housing, have not enjoyed housing support policies in any form in the province or centrally-run city where the social housing construction investment project is located, or have housing owned by themselves in the province or centrally-run city where the social housing project is located but the average housing area per capita is lower than the minimum housing area; in cases subject to the points b, c, d, d, e, e and g of Clause 1, Article 45 of this Law, they must not be in a public housing. The Government shall specify this point;
b) Conditions on income: subjects specified in Clauses 5, 6, 7 and 8 of Article 76 of this Law to be able to buy or lease social housing must meet income conditions according to the Government's regulations; subjects specified in Clause 4 of Article 76 of this Law must be poor or near-poor households according to the Government's regulations".
Point d, Clause 1, Article 79 of the 2023 Housing Law stipulates:
d) In case one subject enjoys many different support policies, they are entitled to one support policy at the highest level; in case the subjects have the same standards and conditions, support is implemented in the order of priority first for: people with meritorious services to the revolution, relatives of martyrs, people with disabilities, people arranged for resettlement in the form of buying or renting social housing, women".
Clause 1, Article 3 of Ordinance No. 02/2020/UBTVQH14 dated December 9, 2020 of the National Assembly Standing Committee on preferential treatment for people with meritorious services to the revolution stipulates:
1. People with meritorious services to the revolution include:
a) Revolutionary activists before January 1, 1945;
b) Revolutionary activists from January 1, 1945 to the August Uprising of 1945;
c) Martyrs;
d) Vietnamese Heroic Mothers;
d) Heroes of the People's Armed Forces;
e) Labor Hero in the resistance period;
g) Injured soldiers, including type B injured soldiers recognized before December 31, 1993; people enjoying policies like injured soldiers;
h) Injured soldiers;
i) People who participated in the resistance war and were infected with chemical toxins;
k) People who participated in revolutionary activities, resistance war, national defense, and performed international duties and were arrested and imprisoned by the enemy;
l) People who participated in the resistance war to liberate the nation, protect the Fatherland, and perform international duties;
m) People who have contributed to helping the revolution".
Housing law stipulates: to be able to buy social housing, subjects in Clause 1, Article 76 of the 2023 Housing Law (including people with meritorious services to the revolution) must meet housing conditions, and at the same time must ensure the principle of implementing housing support policies specified in Point d, Clause 1, Article 79 of the 2023 Housing Law.
The confirmation of people with meritorious services to the revolution is under the guidance authority of the Ministry of Home Affairs, therefore, it is requested that you have a document asking the Ministry of Home Affairs for guidance according to its authority.
