According to Article 29 of Decree 100/2024/ND-CP (amended and supplemented in Decree 54/2026/ND-CP effective February 9, 2026) stipulating housing conditions as follows:
- In case there is no housing owned by them, it is determined when the subject specified in Clause 1, Article 77 of the 2023 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.
Within 7 days from the date of receiving the request for confirmation of housing conditions, the competent authority issuing the Certificate of land use rights, ownership of assets attached to land according to the provisions of land law in the province or centrally-run city where there is a social housing project certified according to the provisions of this clause.
- In case the subject specified in Clause 1, Article 77 of the 2023 Housing Law owns a house but the average housing area per capita is less than 15m2 of floor space/person. The average housing area per capita specified in this clause is determined on the basis of including: the applicant, the spouse of that person, the father, mother (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.
Accordingly, although the husband already owns a private house, the wife can still buy a social housing if the legal conditions are met. If the family has an average housing area per capita below the minimum level (15m2 floor area/person), the wife can be eligible to buy a social housing, as long as she does not legally own a house in a place with a social housing project. In addition, the fact that the wife is not named in the Certificate of Land Use Rights of the husband also creates conditions for buying a social housing.
In addition, based on Article 30 of Decree 100/2024/ND-CP amended and supplemented in Decree 54/2026/ND-CP and Decree 261/2025/ND-CP, for subjects specified in Clauses 5, 6 and 8 of Article 76 of the 2023 Housing Law, the following income conditions must be ensured: In case the applicant is married according to the provisions of law, the applicant and his wife (husband) have a total average monthly actual income of no more than 40 million VND calculated according to the salary and wage table certified by the agency, unit, and enterprise where the subject works.
