Can people who already have a house buy social housing?

Lawyer Nguyen Van Nam - Hanoi Bar Association said that according to the provisions of Clause 1, Article 78 of the 2023 Housing Law, beneficiaries of social housing support policies must meet the following conditions:

Not having a house of his/her own in the province or centrally-run city where there is a social housing investment project that he/she intends to own;

Not yet rented/purchased social housing;

Not yet enjoyed housing support policies in any form in the province where there is a social housing project;

If there is already a house in a province with a social housing project: That house must have an average area per capita of less than 15m2 of floor space per person;

If you are eligible to rent official housing (as prescribed in points b, c, d, dd, e and g, Clause 1, Article 45 of the 2023 Housing Law): You must not be currently living in official housing.

Thus, according to this regulation, whether or not a person who already has a house can buy social housing will have 3 following cases:

If you already have a house in the province where there is a social housing project but the house has an area of <15m2 floor/person: You can still buy social housing;

If you already have a house but in another province or city: You can still buy social housing.

If you already have a house in the province where the project is located: You cannot buy social housing.

At the same time, according to the provisions of Article 29 of Decree No. 100/2024/ND-CP guiding the implementation of the 2023 Housing Law, people also need to pay attention to the following 2 housing conditions to be eligible to buy social housing:

In case you do not own a house: If you are married, both husband and wife cannot have their names on the Red Book/Pink Book in the province where the social housing project is located at the time of submitting the application to buy or rent-purchase social housing.

The method of determining the average housing area per capita is based on: The applicant, his/her spouse, father, mother (if any) and children (if any) registered as permanent residents at the house and then divided.

Place to submit application for confirmation of average housing area per capita: Commune-level People's Committee confirms within 7 working days.

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Source: https://baolaocai.vn/nguoi-co-nha-roi-co-duoc-mua-nha-o-xa-hoi-khong-post399481.html