The Ministry of Construction received a petition from citizens related to the content of Decree No. 261/2025/ND-CP and Decree No. 136/2026/ND-CP of the Government. The petition content is as follows:
Article 78. Conditions for enjoying social housing support policies - Article 78. Conditions for enjoying social housing support policies Clause 1, Article 78 of the Housing Law No. 27/2023/QH15 stipulates housing conditions for subjects eligible to buy or lease-purchase social housing in the direction that people in need only need to meet the condition that they do not have housing in their possession (or have housing but the average area per capita is lower than the minimum level as prescribed) and meet the income condition.
However, the provisions in point a, clause 1, Article 78 of the Housing Law No. 27/2023/QH15 and Decree No. 100/2024/ND-CP do not have a control mechanism for cases where individuals have owned houses but carry out the transfer, donation or transfer of ownership to others immediately before the time of submitting dossiers to meet housing conditions to enjoy social housing support policies.
This reality can lead to policy abuse, affecting the goal of supporting the right people and reducing fairness in accessing social housing.
Therefore, it is proposed that competent authorities study and amend and supplement Clause 1, Article 78 of the Housing Law No. 27/2023/QH15 and Article 29 of Decree No. 100/2024/ND-CP in the direction of supplementing conditions for controlling housing ownership history within a certain period of time before the time of submitting the application. Specifically: Supplementing Point a, Clause 1, Article 78 stipulates: "The subjects specified in Clauses 1, 4, 5, 6, 7, 8, 9 and 10 of this Law, in addition to meeting the conditions specified in this point, must also not have the transfer, donation or transfer of house ownership, land use rights within 2 years before the time of submitting the application for registration to buy, lease-purchase social housing".
After research, the Ministry of Construction has the following opinions:
In the past time, our Party and State have always paid attention to the development of social housing, helping people and low-income people with housing difficulties to access buying, renting, and renting social housing, ensuring social security.
On December 11, 2025, the Prime Minister issued Directive No. 34/CT-TTg on rectifying and strengthening transparency and preventing negativity in the appraisal, purchase - sale, and lease of social housing, which includes the requirement: people who need to buy social housing "Declare and be responsible for the truthfulness of the registration dossier. In case of detecting violations, not the right subjects, not ensuring income conditions, housing will be handled according to the provisions of law; if purchase - sale has been carried out, the apartment will be revoked, administratively fined and information will be disclosed according to regulations".
The Ministry of Construction is responsible for "Organizing thematic inspections, proposing functional agencies to strictly handle cases of violations, or taking advantage of open policies for personal gain, distorting policies".
The Ministry of Construction would like to acknowledge citizens' recommendations to continue researching and completing in the process of drafting legal documents in the coming time, to avoid taking advantage of policies, affecting the goal of supporting the right people and reducing fairness in accessing social housing.
