Procedures for selling social housing that is built in projects that does not utilize public investment in Vietnam

Procedures for selling social housing that is built in projects that does not utilize public investment in Vietnam(Image from the Internet)

Procedures for selling social housing that is built in projects that does not utilize public investment in Vietnam

According to the provisions of Clause 1, Article 38 Decree 100/2024/ND-CP, the procedures for selling social housing that is built in projects that does not utilize public investment in Vietnamare implemented as follows:

- After 30 days from the date of project commencement, the project investor of social housing construction must provide information related to the project:

+ Project name;

+ Project investor;

+ Project location;

+ Contact address, application submission address;

+ Project implementation progress;

+ Project scale;

+ Number of apartments (including: Number of apartments for sale; apartment area; tentative sale price for each apartment type);

+ The start and end time for receiving applications and other related content.

To be publicly announced on the website of the Department of Construction, the local district-level People's Committee where the project is located; published at least once in a newspaper that is the communication agency of the local government; and announced at the real estate trading floor of the investor (if any) to inform the public, prepare application documents for social housing purchase, and monitor and supervise the process.

- Before selling, the social housing project investor must report in writing the total number of apartments intended for sale and the estimated starting time for receiving application documents and starting the sale to notify the Department of Construction for inspection and public announcement on the department's website in the locality where the project is located for at least 30 days from the time of receiving the first application for social housing purchase.

- Based on the information about social housing projects in the area that have been announced according to the provisions of Clause 1, Article 38 of Decree 100/2024/ND-CP; households or individuals needing to buy social housing may submit applications directly to the project investor. The dossier includes an application for social housing purchase according to Form No. 01 in Appendix II of Decree 100/2024/ND-CP and documents proving eligibility and conditions for enjoying social housing support policies.

Form No 01

Subjects specified in Clause 5, Article 76 of the Housing Law 2023, in case there is no Labor Contract, must have confirmation of the subject from the People's Committee at the commune level according to the form guided by the Minister of Construction. Subjects specified in Clause 10, Article 76 of the Housing Law 2023, must have confirmation of the subject from the People's Committee at the district level where the land is recovered and the house must be cleared and demolished according to the form guided by the Minister of Construction of Vietnam.

- After collecting all registration documents of the subjects in need, the investor of the social housing construction investment project is responsible for reviewing each registration file, comparing it with the provisions on subjects and conditions as prescribed in Articles 76 and 78 of the Housing Law 2023, the form of documents according to the instructions of the Minister of Construction, the Minister of National Defense and the Minister of Public Security to compile a List of subjects eligible to buy social housing in the project of which they are the investor.

In case a person who wants to register to buy social housing has submitted a valid application according to regulations to the investor, but the project has no more housing fund to resolve, the project investor is responsible for clearly stating the reason and returning the application (including documents proving the subject and conditions to buy social housing that the registrant has submitted) so that the person knows and submits the application to another project.

When the applicant submits their documents, the receiver must issue a receipt. If the documents are not in compliance (incorrect according to regulations), the receiver must clearly state the reason for non-compliance and return the documents to the applicant for supplementation and completion.

During the application receipt process, the social housing project investor must publicly list the sold apartments (signed contracts) and the remaining apartments at the application receipt point, the investor’s office, and the investor's real estate trading floor (if any), to inform prospective buyers and allow registration for social housing purchase in the project.

- The social housing project investor must send a list of projected successful buyers in order of priority, according to the provisions of Clause 2, Article 38 of Decree 100/2024/ND-CP to the Department of Construction in the locality where the project is located, for verification to determine the correct beneficiaries and prevent double benefits for individuals who have already received social housing or housing support from the state in any form in the province or city where the social housing project is located.

The authority responsible for issuing land use rights certificates and property ownership rights in the locality where the social housing project is located must cooperate with the local Department of Construction to verify information within their jurisdiction and be accountable for the verification results. At the time of receiving, verifying the applicants, the project investor is not required to have an official evaluation result of the sale price from the competent authority.

If the projected buyers on the list prepared by the project investor have already purchased or rented social housing or received housing support from the state in any form, in the locality where the social housing project is located, or own a house but do not meet the conditions stipulated in Clause 2, Article 38 of Decree 100/2024/ND-CP, the Department of Construction must notify the project investor in writing to remove such names from the list.

After 20 days from receiving the list, if the Department of Construction does not respond, the project investor must notify the eligible buyers in their project to come and negotiate, agree, and sign contracts.

If an applicant is eligible and included in the project’s social housing buyers list by the project investor but no longer wishes to purchase the social housing, the project investor must return the dossier (including documents proving eligibility and conditions for social housing purchase) to the applicant.

- Each household or individual may only submit registration documents to one project. If the project has no available housing stock, the project investor must state the reason and return the dossier for the applicant to submit it to another project.

The buyer of social housing shall make payment directly to the project investor or through a bank agreed upon by the investor and the buyer.

- The project investor may only enter into a housing sale contract with customers when the housing conditions for sale comply with the housing law, and the sale price has been evaluated and approved by the competent authority.

After signing the social housing sale contract, the project investor must compile a list of the buyers (including all household members) and send it to the local Department of Construction for public announcement within 30 days from the date of receiving this list and for storage to serve management and inspection (post-inspection) purposes.

The Department of Construction is responsible for updating the list of beneficiaries of social housing purchases on the department’s website as stipulated in Article 44 of Decree 100/2024/ND-CP and sending this list (hard copy and electronic file) to the Ministry of Construction for monitoring. Simultaneously, the project investor must publicly announce this list at their office and on their real estate trading floor or social housing website (if any).

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