On the Ministry of Construction's Information Portal, reader A.T sent a question:
My husband and I are working in Dong Van industrial park and are renting a house in Ha Nam Trade Union Facilities, Dong Van ward, Ninh Binh province in the form of social housing rental, without incurring housing ownership rights. During the process of learning and submitting applications to register to buy social housing at Dong Van ward projects, I was informed by the investor that my application was not accepted because I was renting a house in the Trade Union Facilities, according to the direction of the competent state management agency.
Based on Article 76 of the Housing Law, I find that the article of law stipulates the conditions for being able to buy or rent-purchase social housing, which includes the content "not yet entitled to housing support policies in any form". However, currently I am only renting social housing in the form of temporary support during my working time, have not been able to buy or rent-purchase social housing, and do not have housing owned by myself in the locality.
I would like to ask if people renting houses at the Trade Union Facilities Area in the form of social housing rental, without incurring ownership rights, are they in the case of "having enjoyed housing support policies in any form" and being excluded from the subjects eligible to be considered for social housing purchase according to Article 76 of the Housing Law?
Regarding this content, the Department of Housing and Real Estate Market Management (Ministry of Construction) has the following opinions:
Point a, Clause 1, Article 78 of the 2023 Housing Law stipulates:
“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 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;...”.
Thus, based on the above regulations, at the time of registration to buy social housing, subjects specified in Clauses 1, 4, 5, 6, 7, 8, 9 and 10 of Article 76 of the 2023 Housing Law who have not bought, leased social housing and are not renting social housing are entitled to buy social housing.
