Circular No. 18/2013/TT-BXD Amending and Supplementing Certain Articles of Circular No. 07/2013/TT-BXD dated May 15, 2013 of the Ministry of Construction guiding the determination of subjects eligible for housing support loans pursuant to Resolution No. 02/NQ-CP dated January 7, 2013 of the Government.

CIRCULAR

Amending and supplementing some Articles in Circular No. 07/2013/TT-BXD dated May 15, 2013 of the Ministry of Construction guiding the determination of subjects eligible for housing support loans pursuant to Resolution No. 02/NQ-CP dated January 7, 2013 of the Government

Pursuant to the Law on Housing dated November 29, 2005;

Pursuant to Decree No. 62/2013/NĐ-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

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

Pursuant to Resolution No. 02/NQ-CP dated January 7, 2013 of the Government on certain measures to address difficulties in production and business, support markets, and resolve bad debts;

Pursuant to Circular No. 07/2013/TT-BXD dated May 15, 2013 of the Ministry of Construction guiding the determination of subjects eligible for housing support loans pursuant to Resolution No. 02/NQ-CP dated January 7, 2013 of the Government;

The Minister of Construction hereby issues this Circular to regulate the issuance of real estate brokerage practice certificates; guide the operation of real estate trading floors.

The Ministry of Construction promulgates this Circular amending and supplementing some Articles in Circular No. 07/2013/TT-BXD dated May 15, 2013 of the Ministry of Construction as follows:

Article 1. Amending and supplementing some Articles in Circular No. 07/2013/TT-BXD dated May 15, 2013 of the Ministry of Construction guiding the determination of subjects eligible for housing support loans pursuant to Resolution No. 02/NQ-CP dated January 7, 2013 of the Government.

"c) Enterprises that are the investors of social housing projects, investors of student housing projects, industrial worker housing projects, and low-income housing projects in urban areas as prescribed in Resolution No. 18/NQ-CP dated April 20, 2009 and Decisions No. 65, 66, 67/2009/QĐ-TTg dated April 24, 2009 of the Prime Minister on certain mechanisms and policies to promote the development of housing for students, workers, and low-income people in urban areas (hereinafter referred to as the investor of social housing projects); enterprises that are the investors of commercial housing projects converted to social housing projects."

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

"a) The subject and household of the subject prescribed in Article 2 must meet all of the following conditions:

- Not having their own housing, or having housing but with insufficient space. Specifically:

+ Having housing in the form of an apartment, but the average living area per household member is less than 8 square meters;

+ Having individual houses but the average floor area of the house per person is less than 8 square meters and the land area of the house is smaller than the land area permitted for construction according to the regulations of the provincial People's Committee.

+ Not having houses but having residential land and having been issued a Certificate of Land Use Right and the land area is smaller than the land area permitted for construction according to the regulations of the provincial People's Committee.

- The subject eligible for loan must have permanent residence registration at the province or centrally governed city where the housing project is located. In case of temporary residence, they must have contributed to social insurance for at least one year (which may not be continuous) and have a certificate from the social insurance agency. If the subject works at a branch or representative office in the locality where the project is located and the social insurance contribution is made in the locality where the company has a branch or representative office, then this provision also applies but must have a certificate from the company regarding the social insurance contribution.

- Already have a contract for renting or purchasing commercial housing as prescribed.

b) Confirmation of eligibility for loans:

- The person named in the housing support loan application under Clause 1 Article 2 must have confirmation from their current employer about their place of work and housing status (according to Model 01 of Circular No. 07/2013/TT-BXD dated May 15, 2013 of the Ministry of Construction) and only need to confirm once; the confirming entity must bear responsibility for the content of the confirmation and shall not require confirmation of income.

- The person named in the housing support loan application under Clause 2 Article 2 must have confirmation from the People's Committee of the commune (village) where the household resides and is registered as a permanent or temporary resident about the housing status (according to Model 1 of this Circular) and must bear responsibility for their declaration.

c) Each household can only apply for one housing support loan as prescribed in this Circular. In cases where children or grandchildren of the head of the household have established families (with a Marriage Certificate) and live with the head of the household, they are considered independent households and are eligible for housing support loans as prescribed in this Circular.

d) The subjects prescribed in Article 2 of Circular No. 07/2013/TT-BXD dated May 15, 2013 of the Ministry of Construction do not need to provide confirmation of income, except when the bank requires customers to prove their income to ensure repayment plans, which shall be implemented according to the bank's regulations."

3. Supplementing Point c Clause 2 Article 5 as follows:

"c) The floor area of the apartment in the contract for future sale of commercial housing between the investor and the customer is temporarily calculated based on the design but with a size smaller than 70 square meters. After completion, it may change according to actual conditions but shall not exceed 5%."

4. Abolishing Appendix 02 of Circular No. 07/2013/TT-BXD dated May 15, 2013 of the Ministry of Construction and replacing it with Appendix 01 of this Circular.

For cases where the People's Committee of the commune (village) has already issued certificates regarding the household registration and housing status of households or individuals applying for loans to rent or purchase commercial housing with an area of less than 70 square meters and a selling price below 15 million VND/square meter before the effective date of this Circular, such certificates remain valid.

Article 2. Implementation Provisions

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

2. The Director of the Office, the Inspector General, the Heads of the Departments, the Heads of the Bureaus, the Heads of the Units related to the Ministry of Construction; the Ministers of the Ministries, the Heads of the agencies equivalent to Ministries, and the agencies under the Government; the Chairmen of the People's Committees of provinces and centrally governed cities; the Directors of Construction Departments of provinces and centrally governed cities are responsible for implementing this Circular.

3. During the implementation process, if encountering difficulties or obstacles, please send your opinions to the Ministry of Construction for coordination in resolving them or submit to the competent authority for consideration and decision.