On the Government Portal, Mr. N.T. D (Hanoi) wondered:
The regulation on the average housing area under 15 m2 floor/person in the Housing Law applies to which groups of people are entitled to social housing support policies?
Are ordinary households and individuals (not belonging to the armed forces) when they own houses but the average area is less than 15 m2/person considered to be eligible for housing to buy social housing?
According to Mr. D's reflection, currently, people from ordinary households with cramped houses (under 15 m2/person) face difficulties when requesting confirmation of this condition. He asked, which agency (Commune/Ward People's Committee where the house is located, or land/housing management agency) has the authority to inspect, identify and sign confirmation on the form proving the condition of cramped housing area for ordinary people?
The Ministry of Construction answers this question as follows:
Point a, Clause 1, Article 78 of the 2023 Housing Law stipulates:
Article 78. Conditions for enjoying social housing support policies
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 all 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;".
According to Clause 2, Article 29 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:
Article 29. Conditions on housing
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".
In Form No. 03. Documents proving housing conditions for purchasing or leasing social housing/housing for the people's armed forces (in case of having housing but the average housing area per capita is less than 15 m2) Circular No. 05/2024/TT-BXD dated July 31, 2024 of the Minister of Construction detailing a number of articles of the Housing Law, Section 9, footnote 12 has detailed the groups of subjects to guide citizens to fill in information correctly for their group of subjects.
I request you to study the above regulations, compare them with your case to implement.
