Real estate is worried because of the regulation that does not allow loans to buy houses in the future.

Mr. Le Hoang Chau, Chairman of the Ho Chi Minh City Real Estate Association, said that besides the positive and outstanding provisions of Circular 22, he and real estate businesses are very concerned about the provisions at Point a, Clause 11, Article 2 of Circular No. 41 (amended and supplemented at Clause 1, Article 1 of Circular No. 22). According to this provision, for loans secured by real estate for individuals to buy houses, including commercial houses, banks are only allowed to lend to individuals to buy houses that have been completed for handover, that is, houses that are available.

Thus, Circular No. 22 does not allow banks to lend to individuals to buy unfinished commercial housing for handover (i.e. commercial housing formed in the future) secured (mortgaged) by that house itself. Therefore, individuals who want to borrow credit to buy commercial housing formed in the future will have to implement other security measures or secure with other assets.

Bất động sản lo sốt vó vì quy định không cho vay tiền mua nhà ở hình thành trong tương lai- Ảnh 1. — The regulation of not allowing future housing to be used as a loan to buy a house will make the real estate market difficult.

If this regulation is not amended immediately, it may lead to bad consequences, causing difficulties and hindering the normal operation of the real estate market, which will negatively impact the recovery and development process of the real estate market both in the short term and in the long term.

Because an individual buying a future commercial house and mortgaging the property is a legal civil transaction according to the provisions of the 2015 Civil Code. The collateral can be existing property or future property. Therefore, future commercial houses can be used as collateral. Therefore, the above provision is not suitable, consistent, or consistent with the provisions of the 2015 Civil Code.

Therefore, the above regulation of the State Bank is not suitable, consistent, and consistent with the provisions of the Housing Law 2014, Housing Law 2023, and the Real Estate Business Law 2014, Real Estate Business Law 2023, Investment Law 2020, and Credit Institutions Law 2024.

From research, comparison of relevant legal regulations and practical situation, it is proposed to amend and supplement Clause 11, Article 2 of Circular No. 41 (amended and supplemented in Clause 1, Article 1 of Circular 22) in the direction of adding regulations allowing credit institutions to lend credit to individuals to buy future commercial housing secured (mortgaged) by that house itself, applicable to both cases of buying commercial housing or buying completed social housing for handover under a house sale and purchase contract ("available" housing) or buying commercial housing or buying future social housing secured (mortgaged) by that house itself.

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