Relaxing regulations and conditions on social housing ownership
The Government has issued Decree No. 100/2024/ND-CP detailing a number of articles of the Housing Law on social housing development and management. In particular, the Decree clearly stipulates the conditions for receiving social housing support policies.
Accordingly, the case of not having a house under one's ownership is determined when the subject specified in Clause 1, Article 77 of the Housing Law and that subject's spouse (if any) are not named in the Certificate. land use rights, ownership of assets attached to land in the province or centrally run city where the social housing project is located at the time of submitting the application to purchase or lease purchase of social housing.
Within 7 days from the date of receipt of the application for confirmation of name in the Certificate of land use rights and ownership of assets attached to land, district-level land registration office/branch of the province or centrally run city where the social housing project is located shall carry out the certification in the case of this regulation.
Within 7 days from the date of receiving the application for confirmation of housing area per capita, the Commune People's Committee shall make the confirmation in this prescribed case.
According to lawyer, Master Pham Thanh Tuan (Hanoi Bar Association), in comparison with the above regulations, the Housing Law 2023 has removed the condition that beneficiaries of the social housing policy must have permanent or temporary residence in the province. , the city where the social housing project is located as stipulated in the previous 2014 Housing Law (Article 51, clause 1 point (b). This is one of the amendments with many important points, removing many previous problems. when individuals buy or rent social housing.
People with income less than 15 million VND/month can buy social housing
Talking to reporters from Lao Dong Newspaper, Lawyer, MSc Pham Thanh Tuan (Hanoi Bar Association) said that regulations on housing conditions and income levels remain the same, but in Decree No. 100/2024 /ND-CP has made adjustments to suit reality.
Article 29 of Decree 100 stipulates that individuals do not have a house or have a house with an area of less than 15m2/person (before August 1, 2024, this regulation is 10m2/person) and have an income of no more than 15% per person. million VND/month, the couple must not exceed 30 million VND/month for 1 year up to the time of submitting the application to buy social housing (previously the regulation was over 11 million VND/month).
Decree No. 100/2024/ND-CP also simplifies administrative procedures for individuals when buying or renting social housing. The confirmation regulations of the Commune People's Committee related to the individual's place of residence, confirmation of housing status and lack of support for residential land and housing under the 2014 Housing Law have been eliminated.
Confirmation of the individual's income level (no more than 15 million VND/person/month) will be confirmed by the enterprise where the employee works or by the commune-level People's Committee if purchasing or renting social housing does not have one. labor contract.
“The above regulations of the Housing Law 2023 and Decree No. 100/2024/ND-CP, although not a breakthrough change, have "relaxed" conditions and criteria for individuals to easily better in buying social housing. The above regulations are basically more open than before.
The regulations that were a "barrier" to residence or an income of more than 11 million VND/month to not buy social housing have now been expanded, helping middle-income and low-income individuals to have nearer conditions. than when buying social housing" - Lawyer Pham Thanh Tuan affirmed.
In addition, regulations applicable before August 1, 2024, buyers of social housing that are apartments when reselling after 5 years will have to pay 50% of the land use fee allocated to that apartment; For individual houses, 100% of land use fees are paid.
According to the Housing Law 2023 (Article 89.1 (e), the seller of a social house that is an apartment building does not have to pay land use fees; in case the seller of a social house that is an individual house, it is 50% of the land use fee according to the new regulations in Article 89.1 (e). 42 Decree 100. This is a new point compared to the current regulations and is beneficial for social housing buyers.
