Circular No. 18/2013/TT-BXD dated October 31, 2013 of the Ministry of Construction on amending and supplementing several articles of Circular No. 07/2013/TT-BXD which guides the definition of subjects entitled to borrow loans for housing assistance according to Resolution No. 02/NQ-CP dated January 7, 2013

THE MINISTRY OF CONSTRUCTION

Circular No.18/2013/TT-BXD dated October 31, 2013 of the Ministry of Construction on amending and supplementing several articles of Circular No. 07/2013/TT-BXD which guides the definition of subjects entitled to borrow loans for housing assistance according to Resolution No. 02/NQ-CP dated January 7, 2013

Pursuant to the Housing Law dated November 29, 2005;

Pursuant to the Government’s Decree No. 62/2013/ND-CP dated June 25, 2013 defining the functions, tasks, powers and organizational structure of the Ministry of Construction

Pursuant to the Government’s Decree No. 71/2010/ND-CP dated June 23, 2010, on detailing and guiding implementation of Housing Law;

Pursuant to the Government’s Resolution No. 02/NQ-CP dated January 07, 2013, on a number of solutions to remove difficulties for business production, market support, handling of bad debts;

Pursuant to Circular No. 07/2013/TT-BXD dated May 15, 2013, of the Ministry of Construction, guiding on the definition of subjects entitled to borrow loans for housing assistance according to the Government’s Resolution No. 02/NQ-CP dated January 07, 2013.

At the proposal of Director of the Department of Housing and real estate market Management; the Ministry of Construction promulgates Circular amending and supplementing several articles of Circular No. 07/2013/TT-BXD dated May 15, 2013, of the Ministry of Construction as follows:

Article 1.Amending and supplementing several articles in Circular No. 07/2013/TT-BXD dated May 15, 2013, of the Ministry of Construction, guiding on the definition of subjects entitled to borrow loans for housing assistance according to the Government’s Resolution No. 02/NQ-CP dated January 07, 2013

1. Amending and supplementing Point c Clause 2 Article 1 as follows

“c) Enterprises being investors of social house construction projects; investors of housing projects for students, workers in industrial zones, persons with low incomes in urban areas as prescribed in Resolution No. 18/NQ-CP dated April 20, 2009, and Decisions No. 65, 66, 67/2009/QD-TTg dated April 24, 2009, of the Prime Minister, on some mechanisms, policies aiming to push up the housing development for pupils, students, workers working in industrial zones and persons with low incomes in urban areas (hereinafter abbreviated to investors of social-house construction projects); enterprises being investors of commercial house projects converted the use purpose into social house projects".

2. Amending and supplementing Points a, b, c and d Clause 2 Article 3 as follows:

“a) Persons and their households specified in Article 2 must meet fully the following conditions:

- They have not yet had any house owned by them, or they had house but it is too cramped. Particularly:

+ Their house is condominium apartment, but the average residential area of household is lower than 8m²/person;

+ Their house is separate house, but the average residential area of household is lower than 8m²/person and area of its land precinct is lower than land area licensed for construction in accordance with regulation of the provincial People’s Committees.

+ They have no house but have dwelling land plots and have been granted certificate of land use right and area of such dwelling land plots is smaller than land area licensed for construction in accordance with regulation of the provincial People’s Committees.

- Subjects entitled to borrow loans must have registered permanent residence in central-affiliated cities and provinces where have housing projects. For case of temporary residence, they must participate in social insurance from 01 year or more (may be not consecutive) and have certificate of insurance agencies. If they work in branches or representative offices in localities where projects are carried out but insurance participation is conducted at localities where their companies are based, provision in this point  is also applied but they must have certification of their companies on the purchase and payment of insurance.

- Have had contract of commercial house rent or purchase in accordance with regulations.

b)Confirmationof conditions to borrow:

- A person names to borrow capital for housing support under objects defined in Clause 1 Article 2 must have confirmation of unit where he/she works about the working place and actual situation of house (according to form in Annex No.01 of Circular No. 07/2013/TT-BXD dated May 15, 2013, of the Ministry of Construction) and just confirm once; the certifying unit must bear responsibility for it confirmation content, not required to certify about income condition;

- A person names to borrow capital for housing support under objects defined in Clause 2 Article 2 must have confirmation of the communal People’s Committee where his/her household lives and registers for permanent residence or temporary residence about the actual situation of house (according to form in Annex No.01 of this Circular) and must bear responsibility for declaration by himself/herself.

c) Each household is only entitled to borrow once for housing assistance as prescribed in this Circular. In case where children, nephews or nieces of householder have got married (having certificate of marry registration) and case of free-of-charge staying but have permanent residence book or temporary residence book together with householder, they will be considered as independent families and belong to objects entitled to borrow capital for housing support as prescribed in this Circular.

d) Objects defined in Article 2 of Circular No. 07/2013/TT-BXD dated May 15, 2013 of the Ministry of Construction is not required for income certification, unless banks request clients for proving incomes so as to ensure for plan of debt payment, they will comply with regulations of banks."

3. Supplementing Point c Clause 2 Article 5 as follows

“c) Floor area of commercial apartment stated in contract of housing purchase and sales formed in the future between investor and client is the area of apartment temporarily calculated according to design but at scale less than 70 m2, upon finishing the works, it may change according to reality but not exceed 5%."

4. To annul Annex No. 02 of Circular No. 07/2013/TT-BXD dated May 15, 2013, of the Ministry of Construction and be replaced by Annex No. 01 of this Circular.

For cases where the communal People s Committees have granted confirmations about permanent residence book and actual conditions of house for households and individuals upon borrowing capital to rent, purchase commercial houses with area less than 70m2, selling price less than 15 million VND/m²before the effective day of this Circular, these confirmations still be valid for implementation.

Article 2. Effect

1. This Circular takes effect on November 15, 2013.

2. The Head of office, the Chief Inspector, Directors of Departments, Heads of relevant units under the Ministry of Construction, Ministers, Heads of Ministerial-level agencies, Governmental agencies; chairpersons of People’s Committees of provinces and central-affiliated cities; Directors of the Departments of provinces and central-affiliated cities shall implement this Circular.

3. In the course of implementation, any arising problems should be reported timely to the Ministry of Construction for coordination in solving or submission to competent agencies for consideration and decision.

For the Minister of Construction

Deputy Minister

Nguyen Tran Nam