REGULATIONS ON SOCIAL HOUSING

I. Definition of social housing:

According to Article 3, Clause 7 of the 2014 Law on Housing, social housing is defined as houses that receive support from the State to serve beneficiaries of housing support policies in accordance with the Law on Housing. According to this regulation, state-supported houses must also comply with area standards suitable for each type of house.

II. Groups of beneficiaries of social housing policies

The following beneficiaries, as prescribed in Article 49 of the 2014 Law on Housing, shall be entitled to social housing policies:

- Those who have meritorious contributions to the revolution in accordance with the law on preferential treatment of persons with meritorious contributions to the revolution.

- Poor and near-poor households in rural areas.

- Households in rural areas in areas frequently affected by natural disasters and climate change.

- People with low incomes, poor and near-poor households in urban areas.

- Employees are working at enterprises inside and outside the industrial park.

- Officers, professional non-commissioned officers, non-commissioned officers of technical expertise, professional soldiers, workers in agencies and units of the people's police and the people's army.

- Cadres, civil servants and public employees as prescribed by law on cadres, civil servants and public employees.

- People who have returned their official housing as prescribed in Clause 5, Article 81 of the Law on Housing.

- Students at academies, universities, colleges and vocational schools; Students at public ethnic boarding schools are entitled to use housing during their studies.

- Households and individuals subject to land confiscation and having to clear and demolish houses in accordance with law but have not been compensated by the State with housing or residential land.

- These beneficiaries must satisfy the conditions prescribed in Article 51 of the Law on Housing related to housing,  residence and income.

III. Application and processes of buying social housing:

* Regarding application for social housing:

According to Article 22 of Decree 100/2015/ND-CP (amended and supplemented by Clause 16 of Article 1 of Decree 49/2021/ND-CP), a dossier of application for social housing includes:

- An application for housing support according to the form guided by the Ministry of Construction.

- Documents proving the beneficiaries of the social housing support policy. - Documents proving housing conditions.

- Documents proving residence conditions.

- Proof of income conditions.

* Regarding the process of buying social housing:

According to Article 20 of Decree 100/2015/ND-CP (amended by Clause 22 of Article 1 of Decree 49/2021/ND-CP), the process of buying social housing is regulated as follows:

Step 1: Submit the application for households and individuals wishing to register to buy,  rent, lease and purchase of social housing shall submit dossiers to project investors according to the provisions of Article 22 of the Decree and specific instructions of the Ministry of Construction. Each household and individual can only submit registration documents at one project.

Step 2: Application process

The investor of the social housing project must review and check each registration dossier in accordance with the law. In case the project no longer has a house for sale, lease or lease purchase, the investor must return the dossier and explain the reasons. The developer must also submit the tentative list of those to be settled for buying, renting or renting social housing to the local Department of Construction for inspection and elimination of duplicate support for residents.

If after 15 working days there is no feedback from the Department of Construction, the investor may notify the objects to buy, rent or rent to buy social housing to negotiate and sign the contract.

After signing the contract, the investor must make a list of objects that have been purchased, rented or rented to buy social housing and send it to the Department of Construction for public announcement within 30 working days and store it for management and inspection.

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For more information, please contact:

Hoang Pham (James) / Managing Partner at: hoang.pham@vselawyers.com

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