On the Ministry of Construction's Information Portal, Mr. L.V.T reflected that Clause 2, Article 30 of Decree No. 100/2024/ND-CP stipulates that the subject specified in Clause 5, Article 76 of the Housing Law does not have a labor contract.
If you are single, the actual monthly income will not exceed 15 million VND, if you are married according to the provisions of law, the plaintiff and the wife (husband) of that person with a total monthly income will not exceed 30 million VND.
Within 07 days from the date of receipt of the confirmation request, the People's Committee at the commune level shall confirm the income conditions for 01 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.
The Decree has stipulated and provided forms for the People's Committees at the commune level to confirm when people want to complete documents to buy social housing.
However, in reality, when people go to get confirmation of income conditions for low-income people without labor contracts, the People's Committee at the commune level does not confirm it, citing the reason of not being able to verify income.
After thinking carefully, the regulations are clear, there should be a directive document from the provincial People's Committee so that commune-level cadres do not take the opportunity to avoid confirming income conditions for people. Or there should be more detailed instructions to make the procedures for confirming the income conditions of people without labor contracts at the People's Committee at the commune level convenient and on time.
Responding to this issue, the Department of Housing and Real Estate Market Management, Ministry of Construction has the following opinion:
Point b, Clause 1, Article 78 of the 2023 Housing Law stipulates: The subjects specified in Clauses 5, 6, 7 and 8, Article 76 of this Law to be able to buy or rent social housing must meet the income conditions prescribed by the Government.
Clause 2, Article 30 of Decree No. 100/2024/ND-CP stipulates: 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 person in favor and his/her husband/s wife/spouse with total monthly income shall receive no more than 30 million VND. Within 07 days from the date of receipt of the confirmation request, the People's Committee at the commune level shall confirm the income conditions for 01 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".
Clause 1, Article 8 of Circular No. 05/2024/TT-BXD stipulates: The form of documents proving income conditions for the purchase and rental of social housing shall comply with Form No. 05 (for subjects specified in Clause 5, Article 76 of the Housing Law but without labor contracts) in Appendix I issued with this Circular.
Based on the above regulations, the People's Committee at the commune level confirms the income conditions for low-income people without labor contracts. Individuals who are low-income people without labor contracts when registering to buy or rent social housing must ensure that the statements they declare are true and are fully responsible before the law for the contents declared.
In case the People's Committee at the commune level refuses to confirm, citizens are requested to reflect and make recommendations to the People's Committee at the provincial level or the Department of Construction for guidance and resolution according to regulations.
