On the Ministry of Construction's Information Portal, readers wonder:
I am a worker eligible to buy social housing and currently have a need to buy social housing. However, during the process of completing the dossier, I received instructions from the investor and the local housing management agency that: in addition to the confirmation paper on the subject and income that has been confirmed by the agency according to the Ministry of Construction's form, it must be attached to the 12-month consecutive salary scale based on Clause 2, Article 1 of Decree No. 261/2025/ND-CP:
“...b) In case the plaintiff is married according to the provisions of law, the plaintiff and his wife (husband) have a total average monthly actual income of no more than 40 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 as prescribed in points a and b of this clause is within 12 consecutive months, calculated from the time the competent authority performs the confirmation.
But currently, my wife is on maternity leave from January 2025 and will not return to work until June 2025. Therefore, the income in the period from June 2025 to December 2025 is only confirmed as 6 months, so it is not enough 12 months as required.
Therefore, I respectfully request the Ministry of Construction to provide clearer guidance on what documents are needed to prove income in addition to the confirmation paper on the subject and income that has been confirmed by the agency and must be attached to the Salary Schedule in the next 12 months for cases where labor contracts have been signed and salaries have been received in the next 12 months, in the case like my wife who has only signed labor contracts and received salaries in 6 months?
Is it eligible if my wife can only provide a confirmation form from June 2025 to December 2025?
Regarding this content, the Department of Housing and Real Estate Market Management (Ministry of Construction) has the following opinions:
On April 7, 2026, the Government issued Decree No. 136/2026/ND-CP on amending and supplementing a number of articles 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 (amended and supplemented in Decree No. 261/2025/ND-CP and Decree No. 54/2026/ND-CP) stipulating as follows: “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.
- Article 33 of Decree No. 54/2026/ND-CP dated February 9, 2026 of the Government amending and supplementing a number of articles of Decrees in the field of housing and real estate business (amended Clause 2, 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 development and management of social housing) stipulates as follows:
“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; 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. 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".
Thus, the law on housing has clearly stipulated that the time for confirming income conditions to be able to buy or rent social housing is 12 consecutive months, calculated from the time the competent authority performs the confirmation. Therefore, the commune-level police agency performs income condition confirmation for the period when the declarant is not signing a labor contract working at any agency, unit, or enterprise and the agency, unit, or enterprise where the object works performs income condition confirmation during the period when the declarant works (total confirmation time is 12 consecutive months).
