On the Government Information Portal in Hanoi, Ms. P.H said that she is an employee with a labor contract, earning less than 15 million VND/month at the company.
When she asked for confirmation in Form No. 05 on income conditions to apply for social housing, the company did not confirm it because it did not know whether in addition to her income at the company, she also earned elsewhere or not?
Ms. H asked, is there any law that requires the company to confirm that employees have labor contracts? If the company still does not confirm, which agency should you work with to get a settlement?
The Ministry of Construction responds to this issue as follows:
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:
"Article 30. Income conditions
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 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".
Based on the above regulations, the agency, unit, and enterprise where the subject works confirms the income conditions, the People's Committee at the commune level confirms the income conditions for the subject who is a low-income person without a labor contract.
