On the Government Portal, Mr. V.Q.T in Dong Thap reported that he and his wife are both retired teachers and are permanent residents of the commune. The pension of both husband and wife is 22 million VND/month, not yet registered with real estate and has not received housing support in any form.
Mr. T registered to buy social housing, had confirmation from the school that he was a retired civil servant, had a decision on a monthly pension regime, and the Land Registration Office also confirmed that he had not yet registered his real estate.
However, the Department of Construction did not agree to accept the application because he is a retired civil servant, so he is not supported with social housing policies, and is required to be considered as a freelance worker (no labor contract).
Mr. T asked, are retired cadres, civil servants, and public employees eligible to buy social housing or not? If so, what procedures are required, which agency confirms the subject and which subject will it be?
The Department of Housing and Real Estate Market Management, Ministry of Construction responds to this issue as follows:
Article 76 of the 2023 Housing Law has specifically stipulated the subjects entitled to housing support policies, in which Clause 5, Article 76 stipulates: "5. Low-income people in urban areas".
Clause 1, Article 78 of the 2023 Housing Law stipulates that subjects specified in Clauses 1, 4, 5, 6, 7, 8, 9 and 10, Article 76, who meet housing conditions and income conditions specified in this Clause, are allowed to buy or rent social housing (Articles 29, 30, 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, have specifically stipulated the conditions for enjoying social housing support policies).
Clause 1, Article 29 of Decree No. 100/2024/ND-CP stipulates as follows:
"In case of not having a house under one's ownership, it is determined that the subject specified in Clause 1, Article 77 of the Housing Law and the husband or wife of that subject (if any) are not listed in the certificate of land use rights and ownership of assets attached to land in the province or centrally-run city where there is a social housing project at the time of submitting the application for registration to buy or rent-purchase social housing.
Within 07 days from the date of receipt of the application for confirmation of the name in the certificate of land use rights and ownership of assets attached to land, the land registration office/ Branch of the Land registration office at the commune-level administrative units or inter-commune or ward units of the province or centrally run city where there is a social housing project, the confirmation shall be carried out in the case specified in this clause.
On October 10, 2025, the Government issued Decree No. 261/2025/ND-CP amending and supplementing a number of articles of Decree No. 100/2024/ND-CP dated July 26, 2024 of the Government and Decree No. 192/2025/ND-CP dated July 1, 2025 of the Government.
Accordingly, Clause 2, Article 1 amended and supplemented Clause 1 and Clause 2, Article 30 of Decree No. 100/2024/ND-CP, which has increased income conditions for married petitioners in the case of the petitioner and his/her husband (spouse) with a total average monthly income of no more than 40 million VND according to the Salary and Salary Table confirmed by the agency, unit, or enterprise where the subject works.
In Form No. 01a of the Appendix issued with Circular No. 32/2025/TT-BXD dated November 10, 2025 of the Minister of Construction amending and supplementing a number of articles of Circular No. 05/2024/TT-BXD dated July 31, 2024 of the Minister of Construction detailing a number of articles of the Housing Law, there are instructions on documents proving the subjects and income to enjoy social housing support policies (applicable to subjects specified in Clauses 5, 6, 8, Article 76 of the Housing Law, except for subjects specified in Clause 5, Article 76 of the Housing Law who do not have labor contracts and are not entitled to salary paid by Social Insurance).
Accordingly, footnote No. 6 guides "The agency, unit, or enterprise where the declarant is working must carry out the confirmation.
In case the declarant is receiving pension paid by the Social Insurance agency in accordance with the provisions of the law on social insurance, the social insurance agency that is paying pension or the People's Committee at the commune level where the permanent or temporary residence registration or current residence is registered shall confirm it" and in footnote No. 8 is instructed "Low-income people in urban areas (except for cases where low-income people in urban areas do not have labor contracts and are not entitled to salary paid by the Social Insurance agency as prescribed in Clause 5, Article 76 of the Housing Law).
In case the subject has retired from the regime (retired), it is clearly stated: low-income people in urban areas (retired)".
Thus, in case the subject has retired from the regime (retired) to buy social housing, it must ensure income conditions and housing conditions according to the above regulations.
