Vietnam: 03 conditions for purchasing social housing for officials (latest)

According to Clause 1 Article 51 of the Law on Housing 2014 of Vietnam, which is guided by Article 52 of Decree No. 99/2015/ND-CP, officials and public employees who wish to purchase social housing must meet the following 03 requirements pertaining to housing, residence, and income as follow:

First: Housing

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 10 m2 per person.

Second: Residence

- 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.

Third: Income

They are required to be not subject to regular income tax as prescribed in law on personal income tax.

Therefore, according to the above regulations, when purchasing social housing, officials and public employees must meet all 03 above-mentioned conditions. Once they meet the eligibility criteria for purchasing social housing, they need to follow the following sequence and procedures:

1. Prepare dossiers:

According to Article 22 of Decree No. 100/2015/ND-CP of Vietnam’s Government and Article 10 of Circular No. 20/2016/TT-BXD of the Ministry of Construction of Vietnam, the documentation required for officials and public employees to purchase social housing includes:

- Certification of the eligibility and housing conditions issued by their employers (Form No. 03);

- If the official has registered permanent residence in the same province as the social house, it is required to have certified true copies of the residence register;

- If the official does not have a permanent residence, it is required to have:

+ A certified true copy of the temporary residence application;

+ A certified true copy of the employment contract that is valid for one year or longer from the date of submission of the application or without a definite term, and documents proving payment of social insurance issued by the social insurance authority of the province where the social house is located.

- A certification issued by his/her employer that his/her income is not subject to personal income tax according to regulations of law on personal income tax (Form No. 03);

2. Submit dossiers

According to Clause 1 Article 20 of Decree No. 100/2015/ND-CP, after collecting adequate applications, officials shall submit a valid application to the investor.

However, it should be noted that if the investor does not have enough houses, then the investor has to provide an explanation and return the application (including documents proving the eligibility for purchase, lease, or lease purchase of social housing submitted by the applicant). Concurrently, if the application is not satisfactory according to Article 22 of this Decree, the recipient must write the explanation and return it to the applicant for completion.

3. Receive, process, and sign the contract

The investor in the social housing project shall send the list of entities eligible for purchase, lease, or lease purchase of social housing in order of priority (according to the rules in Article 23 of Decree No. 100/2015/ND-CP) to the Department of Construction of the province where the project is located in order to ensure that no one receives social housing assistance more than once.

If the Department of Construction does not respond after 15 working days from the receipt of the list, the investor shall request the eligible applicants to meet, discuss, and conclude the contracts.

Ty Na

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE