Ms. Do Thi Tu Phi has an income of less than 15 million VND/month and does not sign a labor contract.
Ms. Tu Phi asked: "I want to buy social housing and have gone to the ward People's Committee to submit an application for confirmation of income conditions but was not accepted. I would like to ask, in case of income under 15 million VND/month, without signing a labor contract, what income conditions must be proven to be eligible to buy social housing?".
Regarding Ms. Tu Phi's question, the Ministry of Construction responded on the Government's electronic information portal as follows:
On November 27, 2023, at the 6th session, the 15th National Assembly passed the Housing Law No. 27/2023/QH15 (effective from August 1, 2024). On July 26, 2024, the Government issued Decree No. 100/2024/ND-CP detailing a number of articles of the Housing Law on the development and management of social housing (effective from August 1, 2024). On July 31, 2024, the Minister of Construction issued Circular No. 05/2024/TT-BXD detailing a number of articles of the Housing Law. Accordingly:
At Point b Clause 1 Article 78 of the Housing Law 2023 stipulates:
"Subjects specified in Clauses 5, 6, 7 and 8, Article 76 of this Law, in order to purchase or hire-purchase social housing, must meet income requirements as 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 applicant and his/her spouse shall have a total actual monthly income received not exceeding 30 million VND. Within 7 days from the date of receipt of the request for confirmation, 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 application to the investor to register to buy or rent-purchase social housing".
Clause 1, Article 8 of Circular No. 05/2024/TT-BXD stipulates:
"The form of documents proving income conditions for purchasing or leasing social housing shall comply with Form No. 4 (for subjects specified in Clause 5, Clause 6, Clause 7 and Clause 8, Article 76 of the Housing Law) or Form No. 05 (for subjects specified in Clause 5, Article 76 of the Housing Law but without a labor contract) in Appendix I issued with this Circular.
In case the applicant for purchase or lease-purchase of social housing is married, his or her spouse must also declare a form of documents proving income conditions according to Form No. 04 or Form No. 05 in Appendix I issued with this Circular.
Ministry of Construction requested Ms. Phi to study the above regulations for implementation.
