The Ministry of Construction Information Portal posted Ms. P.H's opinion as follows: I am applying to buy social housing and am currently an employee with a labor contract at the company.
My income at the company is under 15 million VND/month. But when I asked to confirm form 05 of the income certificate, the company did not confirm it to me because the company did not know whether I would still have income elsewhere in addition to my income from the company?
May I ask, is there any law that requires the company to confirm that employees have labor contracts? If the company still does not confirm me, which agency should I meet and work with to resolve the issue?
After studying, the Department of Housing and Real Estate Market Management, Ministry of Construction gave the following opinion:
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 the development and management of social housing stipulates: 1. For subjects specified in Clauses 5, 6 and 8, Article 76 of the Housing Law, the following income conditions must be ensured:
In case the petitioner is a single person, with actual monthly income, the salary is not more than 15 million VND calculated according to the Salary and Salary Table confirmed by the agency, unit, or enterprise where the subject works.
In case the plaintiff is married according to the provisions of law, the plaintiff and his/her wife (husband) with a total monthly income shall receive no more than 30 million VND in equity according to the Salary and Salary Table confirmed by the agency, unit, or enterprise where the subject works.
The time to determine income conditions for 1 consecutive year, starting from the time the subject specified in this clause submits a valid dossier to the investor to register to buy or rent-purchase social housing.
In case the subject specified in Clause 5, Article 76 of the Housing Law does not have a Labor Contract, if he/she is single, the actual monthly income received shall not exceed 15 million VND, if he/she is married according to the provisions of law, the single person and his/her husband (spouse) with a total monthly income shall not exceed 30 million VND.
Within 7 days from the date of receipt of the confirmation request, the People's Committee at the commune level shall confirm the income conditions for 1 consecutive year from the time the subject specified in this clause submits a valid dossier to the investor to register for the purchase or rental of social housing.
Based on the above regulations, the agency, unit, or enterprise where the subject works confirms the income conditions, the People's Committee at the commune level confirms the income conditions for the subject who is a low-income person without a labor contract.
