Thông tư 17/2014/TT-BXD

CIRCULAR

ON AMENDMENTS TO CIRCULAR NO. 07/2013/TT-BXD DATED MAY 15, 2013 AND CIRCULAR NO. 02/NQ-CP">18/2013/TT-BXD DATED OCTOBER 31, 2013 ON GUIDELINES FOR ENTITIES ENTITLED TO HOME LOANS PRESCRIBED IN RESOLUTION NO. 02/NQ-CP DATED JANUARY 1, 2013 OF THE GOVERNMENT

Pursuant to Law on Housing dated January 29, 2005;

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

Pursuant to Decree No. 71/2010/ND-CP dated June 23, 2010 of the Government providing guidance on Law on Housing;

Pursuant to Resolution No. 02/NQ-CP dated January 7, 2013 of the Government on solutions for difficulties in business, market support and bad debt tackling;

Pursuant to Resolution No. 61/NQ-CP dated August 21, 2014 of the Government on amendments to Resolution No. 02/NQ-CP of the Government on solutions for difficulties in business, market support and bad debt tackling;

At the request of the Director of Department of Housing and Real estate market management; Minister of Construction promulgates a Circular on amendments to Circular No. 07/2013/TT-BXD dated May 15, 2013 providing guidance on entities entitled to home loans prescribed in Resolution No. 02/NQ-CP dated January 7, 2013 of the Government and Circular No. 02/NQ-CP">18/2013/TT-BXD dated October 31, 2013 on amendments to Circular No. 07/2013/TT-BXD on guidelines for entities entitled to home loans prescribed in Resolution No. 02/NQ-CP dated January 1, 2013 of the Government as follows:

Article 1. A number of Articles prescribed in Circular No. 07/2013/TT-BXD dated May 15, 2013 and Circular No. 02/NQ-CP">18/2013/TT-BXD dated October 31, 2013 of the Ministry of Construction providing guidance on determination of entities entitled to home loans prescribed in Resolution No. 02/NQ-CP dated January 7, 2013 of the Government shall be amended.

1. Clause 1 Article 1 of Circular No. 07/2013/TT-BXD shall be amended as follows:

“1. Scope: This Circular deals with entities entitled to home loans to rent, rent-purchase, and purchase social houses; to rent or purchase commercial houses with areas of smaller than 70 m² and at prices of smaller than VND 15 million per m²; to purchase commercial houses from projects for housing development and urban area construction in the administrative divisions approved by the competent agencies with VAT-included total contract value (including house and land) of smaller than VND 1.05 billion; to build or renovate houses and to invest in social houses as prescribed in Resolution No. 02/NQ-CP dated January 7, 2013 and Resolution No. 61/NQ-CP dated August 21, 2014 of the Government.”

2. Point b Clause 2 Article 1 of Circular No. 07/2013/TT-BXD shall be amended as follows:

“b. Officials, civil servants, armed forces and low-income persons who are entitled to home loans to rent or purchase commercial houses with areas of smaller than 70 m² and at prices of smaller than VND 15 million/m²; officials, civil servants, armed forces, workers and low-income employees who are in difficulties in houses and entitled to home loans to purchase commercial houses from projects for housing development and urban area construction in the administrative divisions approved by the competent agencies with VAT-included total contract value (including house and land) of smaller than VND 1.05 billion; officials, civil servants, armed forces and urban area persons (living in wards or commune-level towns) who have residential land in conformity with planning but meet difficulties in houses and have not received any loans from the State to build or renovate their houses”.

3. Clause 1 Article 1 of Circular No. 02/NQ-CP">18/2013/TT-BXD shall be amended as follows:

“c) Enterprises being investors in social house projects prescribed in law on housing; investors in social houses changed from commercial houses; households and individuals having projects for renovation or construction of social houses in accordance with law on lease, lease-purchase and purchase to workers and employees in industrial zones, small and medium-sized industrial complexes, export-processing zones, economic zones, industry facilities, handicrafts facilities, plants (including inside and outside areas of industrial parks) in terms of all business lines and all economic sectors; employees of all economic sectors in urban areas; students of universities, colleges, junior colleges, vocational colleges, trade schools and vocational schools for workers (regardless of public or private) and other entities entitled to social housing as prescribed in law on housing”.

4. Article 2 of Circular No. 07/2013/TT-BXD shall be amended as follows:

“Article 2. Regulations on entitles entitled to home loans to rent, rent-purchase and purchase social houses; to rent or purchase commercial houses with areas of smaller than 70 m² and at prices of smaller than VND 15 million/m²; to purchase commercial houses with VAT-included total contract value (including house and land) of smaller than VND 1.05 billion; to build or renovate their houses; and households or individuals entitled to home loans to renovate or construct social houses in accordance with regulations of law for lease, lease-purchase and purchase as prescribed in the Law on Housing.

1. Officials and civil servants who are receiving salaries from government budget and working for agencies of Communist organizations, the State, and Fatherland Front and socio-political organizations, socio-professional organizations; civil servants who are working for public service agencies; and People’s armed forces;

2. Low-income employees mean employees who are working for public service providers or enterprises in all economic sectors, cooperatives established and operated as prescribed in regulations of law; employees quitting job in accordance with regulations of law, free employees and business households.

3. Officials and civil servants, the armed forces and employees who are working in urban areas who have residential land in conformity with planning but meet difficulties in houses and have not received any loans from the State to build or renovate their houses.

4. Households or individuals who are renovating or constructing social houses in accordance with law on lease, lease-purchase and purchase to workers and employees in industrial zones, small and medium-sized industrial complexes, export-processing zones, economic zones, industry facilities, handicrafts facilities, plants (including inside and outside areas of industrial parks) in terms of all business lines and all economic sectors; employees of all economic sectors; students of universities, colleges, junior colleges, vocational colleges, trade schools and vocational schools for workers (regardless of public or private schools) and other entities entitled to social housing as prescribed in 188/2013/ND-CP dated November 20, 2013 of the Government on development and management of social houses.

5. Clause 4, Clause 5 and Clause 6 of Article 3 of Circular No. 07/2013/TT-BXD shall be amended as follows:

“Entities prescribed in Article 2 shall satisfy both conditions prescribed in Circular No. 07/2013/TT-BXD Circular No. 02/NQ-CP">18/2013/TT-BXD and this Circular and conditions for loans prescribed in the Circular No. 02/NQ-CP">11/2013/TT-NHNN dated May 15, 2013 and Circular on amendments to Circular No. 02/NQ-CP">11/2013/TT-NHNN dated May 15, 2013 of the State bank of Vietnam”.

4. Conditions for home loans to purchase a social house with VAT-included total contract value (including house and land) of smaller than VND 1.05 billion;

a) The entity entitled to the home loan is required to satisfy all the following conditions:

- He/she has not any house of his/her own, or has cramped house(s). In particular:

+ He/she has an apartment with an area of smaller than 8 m² per person;

+ He/she has a detached house with an area of smaller than 8 m² per person and its land area is smaller than minimum land area permitted for construction as prescribed by the People’s Committee of province.

+ He/she has no house but has residential land with land use right certificate and ownership of house and property on land as prescribed in law on land (hereinafter referred to as land use right certificate) and such land area is smaller than the minimum residential land permitted for construction as prescribed by the People’s Committee of the province.

- The entity entitled to home loan has permanent residence in the central-affiliated city or province where the residential project is situated. If the entity only has temporary residence in the central-affiliated city or province where the residential project is situated, he/she is required to has 1-year payment of social insurance in such province or city (irrupted payment is acceptable) and has a certification of the insurance agency. If the entity works in a branch or representative office in the central-affiliated city or province where the residential project is situated and his insurance payment is carried out, he/she shall apply regulations in this Article but a certification of the insurance payment issued by his/her workplace is required.

- There is a sale contract of social house concluded with an investor of housing development project and urban area construction project in the administrative division approved by the competent agency as prescribed in law on housing.

b) Certification of loan conditions:

- Each entity in the following entities is required a certification of his/her workplace and condition of his/her house(s) issued by the workplace (using the form in the Appendix 01 issued together with this Circular): officials, civil servants who are receiving salaries from the government budget and working for agencies of Communist party, the State, Father Front and socio-political organizations, socio-professional organizations; civil servants who are working for public service providers; and the People's armed forces. The certification is only issued once without income information and the workplace shall take responsibility for their certification

- Each entity in the following entities is required a certification of his/her house(s) issued by the People's Committee of the ward (commune) where he/she lives and permanently or temporarily resides (using the form in the Appendix 02 issued together with this Circular): employees who are working for public service providers and enterprises of all economic sectors; free employees and business households. The certification is only issued once and the entity shall take responsibility for their declaration.

c) Each household is only entitled to home loan once as prescribed in this Circular. In case any child or grandchild of the householder get married (having Certificate of marriage) and he/she has his/her name included in the permanent or temporary residence together with the householder, his/her family shall be considered an independent household and entitled to home loans as prescribed in this Circular.

5. Loan conditions applicable to officials, civil servants, People's armed forces and employees who are working in urban areas (wards or commune-level town) and have residential land in conformity with planning to build or repair their house(s):

a) They meet difficulties in housing but they have not received any support from the State (meeting conditions prescribed in Clause 2 Article 13 Circular No. 08/2014/TT-BXD dated May 23, 2014 of the Ministry of Construction providing guidance on Decree No. 188/2013/ND-CP dated November 20, 2013 of the Government on development and management of social houses);

b) They obtained land use right certificates issued by the competent agencies; construction licenses (if the households or individuals build or repair their houses in the areas in which the construction licenses are required);

c) If they had houses on the residential land (having land use right certificates), the houses must have areas of smaller than 8 m² per person or be rebuilt due to their serious damage or be repaired the body-wall and replaced the roof due to their dilapidation;

d) They have certifications of house conditions (using the form in Appendix 03 issued together with this Circular) that are issued by the People’s Committees of wards (commune-level town) and they must take responsibility for their declaration;

6. Loan conditions applicable to households or individuals who renovate or build social houses to lease, lease-purchase and purchase to entities prescribed in Decree No. 188/2013/ND-CP dated November 20, 2013 of the Government on development and management of social houses:

a) They obtained land use right certificates issued by the competent agencies; construction licenses (if the households or individuals build or repair their houses in the areas in which the construction licenses are required);

b) They satisfy conditions for minimum areas applicable to rooms prescribed in Article 8, to apartments prescribed in Article 9, to residential area prescribed in Article 10 of Circular No. 08/2014/TT-BXD dated May 23, 2014 of the Ministry of Construction providing guidance on Decree No. 188/2013/ND-CP dated November 20, 2013 of the Government on development and management of social houses.

c) If the households or individuals renovate or build social houses for purchase, lease or lease-purchase in the areas in which the construction licenses are not required and they have at least 10 rooms (or 10 apartments) or provide accommodation for at least 50 people or at least 200 m² of floor area, they are required to have drawings of construction ground and satisfy all conditions prescribed in Articles 8 , 9 and 10 of Circular No. 08/2014/TT-BXD dated May 23, 2014 of the Ministry of Construction and have approvals issued by People’s Committees of the same communes or wards.

d) There are written commitments to purchase, lease or lease-purchase social houses (upon the completion of the construction) to proper entities and price brackets prescribed in Decree No. 188/2013/ND-CP dated November 20, 2013 of the Government and Circular No. 08/2014/TT-BXD dated May 23, 2014 of the Ministry of Construction and certifications of the same People’s Committees of the same communes or wards (using the form in Appendix 04 issued together with this Circular).

Article 2. Implementation

1. This Circular comes into force from November 25, 2014.

2. Ministries, ministerial-level agencies, People’s Committees and relevant organizations or individuals shall implement this Circular. The difficulties that arise during the implementation must be reported to the Ministry of Construction for consideration./.