About the subjects and conditions for renting public housing
The 2023 Housing Law has been passed by the National Assembly and took effect from July 1, 2024, in which Point b and Point c, Clause 1, Article 45 stipulate the subjects of public housing rental as follows:
- Cadres and civil servants of Party, State agencies, and socio-political organizations not falling under the provisions of Point a of this Clause shall be mobilized, rotated, or seconded from central agencies to work in localities or from one locality to another to hold the position of Deputy Director of the Department or equivalent or higher.
- Cadres, civil servants, and public employees of Party, State agencies, and socio-political organizations not falling under the cases specified in Point a and Point b of this Clause shall be mobilized, rotated, or seconded to work in remote communes, areas with particularly difficult socio-economic conditions, border areas, and islands.
At point b, clause 2, Article 45 of the 2023 Housing Law, the conditions for renting public housing are stipulated as follows:
- Subjects specified in Points b, c, d, dd, e and g, Clause 1 of this Article must be in cases where they do not have a house of their own and have not been able to buy, rent, or rent social housing in the locality where they work or have a house of their own in the locality where they work but the average housing area per capita is lower than the minimum housing area.
Therefore, it is recommended that localities base on the regulations on the subjects and conditions for renting public housing mentioned above to arrange and arrange for lease in accordance with the provisions of law.
On the public housing development plan
Clause 4, Article 41 of the 2023 Housing Law stipulates the plan for developing public housing as follows: The People's Committee at the provincial level shall establish and approve the content for developing public housing as prescribed in Clause 5 of this Article for subjects eligible to rent public housing from localities in the provincial housing development plan as prescribed in this Law.
Therefore, it is recommended that localities review the provincial housing development plan, in cases where public housing targets have not been arranged or public housing targets have not been suitable for local needs, propose research and adjustment to ensure compliance with local public housing needs and medium-term public investment plans for the period 2026 - 2030.
Regarding the Decision on investment policy, the decision on the investor of the project to invest in the construction of public housing or the project to buy commercial housing for public housing
- For investment projects in the construction of public housing:
+ At Point c, Clause 1, Article 42 of the Law on Housing 2023 stipulates that the provincial People's Council shall decide the investment policy or assign the People's Committee of the same level to decide on investment policy of investment projects on construction of public -service houses to arrange the subjects to work in the locality.
+ Clause 2, Article 42 of the 2023 Housing Law stipulates: For the case specified in Point c, Clause 1 of this Article, the Chairman of the Provincial People's Committee decides on investment and decides on the investor of the public housing construction investment project.
- For projects to buy commercial housing as public housing:
+ At point c, clause 1, Article 42 of the 2023 Housing Law, the Provincial People's Council decides on investment policies or assigns the People's Committee at the same level to decide on investment policies for commercial housing purchase projects to arrange for the subjects specified in Point c and Point d, Clause 1, Article 45 of this Law to rent, and the subjects of the locality specified in Point b, Clause 1, Article 45 of this Law to rent.
+ At point c, clause 3, Article 43 of the 2023 Housing Law, it is stipulated that: For projects to buy commercial housing for local subjects to rent, the provincial housing management agency shall report to the Chairman of the provincial People's Committee for investment decision.
At the same time, Articles 26, 27, 28 and 29 of Decree 95/2024/ND-CP, which specifically stipulate the order and procedures for deciding on investment policies, deciding on investment in public housing construction investment projects or commercial housing purchase projects for public housing. Therefore, it is recommended that localities base on the above regulations to implement public housing projects to meet the needs of local public housing, ensuring that officials have a stable life and work with peace of mind.
