Are individuals subject to land withdrawal eligible for incentive policies on social housing in Vietnam? Are individuals subject to land withdrawal who are eligible for incentive policies required to satisfy requirements pertaining to income?

Main Content

• Are individuals subject to land withdrawal eligible for incentive policies on social housing in Vietnam?
• Are individuals subject to land withdrawal who are eligible for incentive policies required to satisfy requirements pertaining to income?
• May individuals subject to land withdrawal who are eligible for incentive policies purchase social housing in Vietnam?

Are individuals subject to land withdrawal eligible for incentive policies on social housing in Vietnam?

Pursuant to the provisions of Clause 7, Article 3 of the Law on Housing 2014:

Social house means any house provided for entities benefiting from the policies on housing support carried out by the State as prescribed in this Law.

Thus, a social house is a form of house provided for entities benefiting from the policies on housing support carried out by the State. Pursuant to Article 49 of the Law on Housing 2014, entities eligible for incentive policies on social housing include:

Entities eligible for incentive policies on social housing

If the entities below satisfy requirements prescribed in Article 51 of this Law, they shall be eligible for incentive policies on social housing:

1. People with meritorious services to the Resolution prescribed in law on preferential treatment for people with meritorious services to the Resolution;

2. Households living in poverty or near poverty in rural areas;

3. Households that are often affected by natural disasters or climate changes in rural areas;

4. Individuals living in low income, poverty or near poverty in the urban areas;

5. Employees working in enterprises inside or outside the industrial zones;

6. Commissioned officers, professional and technical non-commissioned officers, standing army, and workers in the agencies of People’s Police and People’s Army;

7. Officials and civil servants prescribed in law on officials and civil servants;

8. Entities who have returned official residence as prescribed Clause 5 Article 81 of this Law;

9. Students of institutes, universities, colleges, vocational training institutions; students of the public ethnic boarding schools using social housing during their duration of study;

10. Households or individuals subject to land withdrawal and land clearance as prescribed without any compensation in form of housing or residential land paid by the State.

Thus, individuals subject to land withdrawal as prescribed without any compensation in form of housing or residential land paid by the State are eligible for incentive policies on social housing.

There are 10 entities eligible for incentive policies on social housing, including individuals subject to land withdrawal.

Are individuals subject to land withdrawal eligible for incentive policies on social housing in Vietnam? Are individuals subject to land withdrawal who are eligible for incentive policies required to satisfy requirements pertaining to income? (Image from the Internet)

Are individuals subject to land withdrawal who are eligible for incentive policies required to satisfy requirements pertaining to income?

Pursuant to the provisions of point c, Clause 1, Article 51 of the Law on Housing 2014 on requirements for eligibility for incentive policies on social housing:

Requirements for eligibility for incentive policies on social housing

1. The entities eligible for the policies as prescribed in Clause 1 Article 50 of this Law shall satisfy the requirements pertaining to housing, residence, and income as follow:

a) They have not had any house under their homeownership, have not concluded any agreements on social housing purchase, lease, or lease purchase, have not benefited from any policy on housing or residential land support in any shape or form at the places where they live, study, or have houses under their homeownership, but the floor space per capita in the household is lower than the minimum space standard regulated by the Government in every period and every area;

b) They are required to register permanent residence in the province where the social housing is located; if not, they are required to register temporary residence in that province for at least one year, except for cases prescribed in Clause 9 Article 49 of this Law;

c) With respect to entities prescribed in Clause 4, 5, 6 and 7 Article 49 of this Law, they are required to be not subject to regular income tax as prescribed in law on personal income tax; with respect to households living in poverty and near poverty, they must be subject to the households living in poverty and near poverty as prescribed in regulations of the Prime Minister. With respect to entities prescribed in Clause 1, 8, 9 and 10 Article 49 of this Law, they are not required to satisfy requirements pertaining to income as prescribed in this Point.

2. The entities eligible for the policies as prescribed in Clause 2 and Clause 3 Article 50 of this Law must conform to approval for target programs for housing granted by the competent agency.

3. Any entity eligible for the policies as prescribed in Clause 4 Article 50 of this Law shall satisfy the requirements pertaining to housing, residence, and income as follows:

a) They have residential land without housing, or they have housing but it is damaged or dilapidated;

b) They have registered permanent residence in the place where their residential land or housing required construction or renovation is located.

Thus, individuals subject to land withdrawal who are eligible for incentive policies on social housing are not required to satisfy requirements pertaining to income.

May individuals subject to land withdrawal who are eligible for incentive policies purchase social housing in Vietnam?

Pursuant to the provisions of Clause 1, Article 50 of the Law on Housing 2014 on the implementation of incentive policies on social housing:

Implementation of incentive policies on social housing

1. Lease, lease and purchase, or sell the social housing to entities prescribed in Clause 1, 4, 5, 6, 7, 8 and 10 Article 49 of this Law; or only lease the social housing to entity prescribed in Clause 9 Article 49 of this Law.

2. Support entities prescribed in Clause 1, 2 and 3 Article 49 of this Law in construction or renovation of housing according to the target programs for housing.

3. Allocate residential land with reduction or exemption from land levies or gift housing to the entities prescribed in Clause 1, 2 and 3 Article 49 of this Law as prescribed in law on land or housing gifting.

4. Grant preferential loans given by the State for entities prescribed in Clause 1, 4, 5, 6 and 7 Article 49 of this Law though social policy banks or credit institutions appointed by the State to build or renovate their housing.

Thus, individuals subject to land withdrawal who are eligible for incentive policies may lease, lease and purchase, or sell the social housing.