On the Government Information Portal, Mr. D.B.H in Hanoi shared that Clause 1, Article 29 of Decree No. 100/2024/ND-CP stipulates: "The case of not having a house of one's own is determined when the subject specified in Clause 1, Article 77 of the Housing Law and the wife or husband of that subject (if any) is 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 presence in the Certificate of land use rights and ownership of assets attached to land, the Office/Branch of the Land Registration Office of the province or centrally run city where the social housing project is located shall carry out the confirmation in the case specified in this Clause".
Clause 1, Article 30 of Decree No. 100/2024/ND-CP stipulates:
"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 is for 01 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".
Mr. D.B.H asked, how is the word "time" understood in the above contents?
Suppose the Land Registration Office has a document confirming Mr. H on March 3, 2025; the Commune People's Committee has a document confirming him on March 5, 2024; he completes the dossier and submits it to the investor on March 7, 2025 (still within the time of receiving the investor's dossier), will there be guarantees about the above "time" regulations?
In case on March 4, 2025, Mr. H generates a real estate transfer contract at a social housing project; on March 6, 2025, what will happen if he generates income that affects income conditions?
The Ministry of Construction responds to this issue as follows:
Housing conditions for buying social housing:
Clause 1, Article 29 of Decree No. 100/2024/ND-CP of the Government detailing a number of articles of the Housing Law on the development and management of social housing stipulates the conditions for housing to enjoy social housing support policies as follows:
"In case of not having a house under their 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''.
Clause 2, Article 14 of Decree No. 140/2025/ND-CP of the Government regulating the division of authority of local authorities at 02 levels in the field of state management of the Ministry of Construction stipulates the responsibility for confirmation to the subjects specified in Clause 1, Article 29 of Decree No. 100/2024/ND-CP by the Land Registration Office/Branch of the land registration office located at commune-level administrative units or inter-commune and inter-ward areas under provinces and centrally run cities where social housing projects are implemented.
Article 7 of Circular No. 05/2024/TT-BXD of the Minister of Construction has specifically stipulated the form of documents proving housing conditions to be eligible to buy social housing in cases where there is no house under their ownership (Form No. 02) and cases where there is a house but the average housing area per capita is less than 15 m2 of floor space/person (Form No. 03).
Income conditions for buying social housing are as follows:
Clause 1, Article 30 of Decree No. 100/2024/ND-CP stipulates the income conditions as follows:
"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 monthly income must not exceed 15 million VND calculated according to the 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 is for 01 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".
Based on the above regulations, the income condition for purchasing social housing is to have a real monthly income according to the salary table and salary for 01 consecutive year from the time the person in need submits the application for purchasing social housing to the investor.
