Regarding this matter, LawNet would like to answer as follows:
According to Article 76, Clause 1, Article 77 of the Housing Law 2023, which officially takes effect from January 1, 2025, entities eligible for assistance policies regarding social policies include:
(1) Individuals serving the revolution, relatives of martyrs eligible for housing improvement in accordance with Ordinance for benefits for individuals serving the Revolution.
(2) Poor and near-poor households in rural areas.
(3) Poor and near-poor households in rural areas in areas regularly prone to natural disasters, climate change.
(4) Poor and near-poor households in urban areas.
(5) People with low income in urban areas.
(6) Workers and employees working in enterprises, cooperatives, joint cooperatives inside and outside of industrial parks.
(7) Officers, non-commissioned servicemen, servicemen in people’s armed forces, people security personnel, active national defense public employees, employees; individuals engaging in cryptography operations and other work in cryptography organizations and receiving salaries from state budget.
(8) Officials, public officials, and public employees according to regulations on officials, public officials, and public employees.
(9) Entities returning official housing in accordance with Clause 4 Article 125 of the Housing Law 2023, unless official housing is repossessed as a result of violation in accordance with the Housing Law 2023.
(10) Households and individuals that are subject to land expropriation and housing clearance, demolition in accordance with the law and have not been compensated by the Government in form of houses and/or homestead land.
(11) Students, learners in universities, academies, higher education institutions, colleges, vocational education and training facilities, specialized education institutions as per the law; students of public ethnic boarding schools.
(12) Enterprises, cooperatives, and joint cooperatives in industrial parks.
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. (According to Article 49 of the Housing Law 2014) |
Thus, the Housing Law 2023 has amended a number of entities eligible for assistance policies regarding social policies compared to the currently applied Housing Law 2014.
According to the provisions of Article 79 of the Housing Law 2023 on the rules in selling, lease-purchasing, leasing social housing:
- Implementation of social housing support policies shall following principles below:
+ The Government develops housing development policies and allows everyone to afford accommodation;
+ Implement cooperation between the Government, enterprises, local community, relatives, and support beneficiaries in policy implementation;
+ Ensure openness, transparency, close examination and supervision of competent authorities, local community, and the Vietnamese Fatherland Front;
+ Ensure the right eligible entities and eligibility in accordance with the Housing Law 2023;
+ If an entity is eligible for multiple support policies, only the policy with the highest value shall apply; if multiple entities share the same standards and eligibility, the order of priority shall be: people serving the revolution, relatives of martyrs, persons with disabilities, individuals relocating in form of purchasing, lease-purchasing social housing, women;
+ If a household includes multiple support policy beneficiaries, only one support policy shall apply.
- Provincial People’s Committees are responsible for implementing, inspecting, and examining implementation of social housing policies in their provinces and cities.
- Regulations under Section 2 of Chapter VI of Housing Law 2023 does not apply to development of worker housing in industrial park, development of housing for people’s armed forces, individuals developing or renovating, repairing houses, unless sections 3, 4, and 5 of Chapter VI of Housing Law 2023 contain provisions that stipulate the application of regulations under Section 2 of this Chapter.
According to the Housing Law 2023, the sale, lease-purchase, and lease of social housing must comply with principles such as ensuring the participation of relevant entities; targeting the right beneficiaries with sufficient qualifications; transparency and accountability; inspection and supervision; prioritizing certain groups. The provincial People's Committees are responsible for organizing, monitoring, and inspecting the implementation of social housing support policies.
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