On the Government Portal, Mr. D.T.H in Hanoi reflected that he is a freelancer, working part-time in many jobs, with an uneven monthly income, not enough to exceed 150 million VND/year. He is looking to buy social housing.
When Mr. H went to the ward People's Committee to work, he was informed, there was no document instructing to confirm and prove the income in his case. According to Mr. H's information, the Ward People's Committee only needs to certify his testimony.
Mr. H asked: Are the two types of income determination documents and the confirmation of subjects and the People's Committee for such statements satisfactory and eligible for approval by the Department of Construction? What should you do to comply with the regulations?
The Ministry of Construction responds to this issue as follows:
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 (husband) with a 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 (Ward People's Committee) 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 to buy or rent-purchase social housing".
In Circular No. 05/2024/TT-BXD dated July 31, 2024 of the Minister of Construction detailing a number of articles of the Housing Law, it has guided the confirmation of subjects and income for subjects specified in Clause 5, Article 76 of the Housing Law 2023 (no labor contracts) as follows:
Confirmation of the subject is confirmed by the People's Committee of the commune where the permanent or temporary residence is registered (Form No. 01, Appendix I of Circular No. 05/2024/TT-BXD).
Documents proving income conditions to buy social housing are confirmed by the People's Committee of the commune where the Declaration of Income Conditions is made by a low-income person (Form No. 05 of Appendix I issued with Circular No. 05/2024/TT-BXD).
In case the person applying for or renting social housing is married, the husband or wife must also declare a form of documents proving income conditions according to Form No. 04 or Form No. 05 in Appendix I of Circular No. 05/2024/TT-BXD (as stipulated in Clause 1, Article 8 of Circular No. 05/2024/TT-BXD).
Thus, the law on housing has specific regulations and instructions on confirming subjects and income conditions for subjects who are low-income people in urban areas (without labor contracts).
At the same time, in the confirmation documents, the declarer must ensure that the statements are true and be fully responsible before the law for the contents declared.
