Thông tư 07/2013/TT-BXD

CIRCULAR

GUIDING ON THE DETERMINATION OF SUBJECTS ENTITLED TO BORROW LOANS FOR HOUSING ASSISTANCE ACCORDING TO THE GOVERNMENT’S RESOLUTION NO. 02/NQ-CP DATED JANUARY 07, 2013

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

Pursuant to the Government’s Decree No. 17/2008/ND-CP dated February 04, 2008 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 the Law on Housing; 

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

At the proposal of Director of the Department of Housing and real estate market Management;

The Minister of Construction promulagtes the Circular guiding on the determination of subjects and conditions for being entitled to borrow loans for housing assistance according to the Government’s Resolution no. 02/NQ-CP dated January 07, 2013,

Article 1. Scope of regulation and subjects of application

1. Scope of regulation

This Circular regulates contents relating to the determination of subjects entitled to borrow loans for hiring, purchase-hiring and purchase of social houses; borrow funds for hiring, purchase of commercial houses with areas of less than 70m², at sale price of less than 15 million VND/m² and borrow funds for investment in development of social houses according to the Government’s Resolution No. 02/NQ-CP dated January 07, 2013.

2. Subjects of application

a. Cadres, civil servants, public employees, armed forces and persons with low income wish to borrow loans for hiring, purchase-hiring and purchase of social houses;

b. Cadres, civil servants, public employees, armed forces and persons with low income wish to borrow loans for hiring or purchase of commercial houses with area of less than 70m², at sale price of less than 15 million VND/m^2­­­­;

c. Enterprises being investors of projects on social house construction; enterprises being investors of projects on commercial houses converted the use purpose into projects on social houses;

d. Relevant organizations, individuals.

Article 2. Provision on subjects entitled to borrow loans for hiring, purchase-hiring and purchase of social houses and subjects entitled to borrow funds for hiring, purchase of commercial houses with areas of less than 70m², at sale price of less than 15 million VND/m²    

1. Cadres, civil servants, public employees enjoying wage from the State budget in agencies of the Party, State, Fartherland Front and socio-political organizations, social - professional organizations; public employees in public non-business units; people’s armed forces;

2. Persons with low income are employees in non-public, non-business units, enterprises of all economic components, cooperatives that are established and operate in accordance with law; persons who quitted work according to the stipulated regimes; free laborers, persons doing individual business.

Article 3. Conditions for being entitled to borrow loans for hiring, purchase-hiring and purchase of social houses and conditions for being entitled to borrow funds for hiring, purchase of commercial houses with areas of less than 70m², at sale price of less than 15 million VND/m²  

1. Conditions for being entitled to borrow loans for hiring, purchase-hiring and purchase of social houses:

Subjects specified in Article 2 shall be entitled to borrow loans for hiring, purchase-hiring and purchase of social houses when they had contracts of hiring, purchase-hiring and purchase of social houses as prescribed by law.

2. Conditions for being entitled to borrow funds for hiring, purchase of commercial houses with areas of less than 70m², at sale price of less than 15 million VND/m²:

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 dwelling area of household is lower than 8m² use/person;

+ Their house is separate house, but the average dwelling area of household is lower than 8m² use/person and area of its precinct is lower than standard of the minimum land area falling in cases permitted to renovate, construct 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 projects on houses. For case of temporary residence, they must participate in social insurance from 1 year or more.

- They had contracts of hiring or purchase of commercial houses as prescribed by law.

b. Confirmation of conditions for being entitled to borrow loans as prescribed in clause 2 of this Article:

- Subjects specified in clause 1 Article 2 must have confirmation of units where they are working about the working place and actual situation of house (according to the form in Annex 1) and only confirm once;

- Subjects specified in clause 2 Article 2 must have written confirmation of the communal People’s Committee where they registered permanent residence or temporary residence about the household registration and actual situation of house (according to the form in Annex 2) and only confirm once;

c. Each household is entitled to borrow solely once for housing assistance as prescribed in this Circular.

3. Subjects specified in Article 2, apart from ensuring full conditions as prescribed in this Article, they must meet conditions for borrow loans as prescribed in the Circular No. 02/NQ-CP">11/2013/TT-NHNN dated May 15, 2013 of the State bank of Vietnam stipulating provision of loans assisting on house according to the Government’s Resolution No. 02/NQ-CP dated January 07, 2013.     

Article 4. Provision on conditions for being entitled to borrow funds applicable to enterprises being investors of projects on social house construction, enterprises being investors of projects on commercial houses converted the use purpose into projects on social houses

1. For enterprises being investors of projects on social house construction, apart from ensuring conditions for loans as prescribed by the Circular No. 02/NQ-CP">11/2013/TT-NHNN dated May 15, 2013 of the State bank of Vietnam stipulating provision of loans assisting on house according to the Government’s Resolution No. 02/NQ-CP dated January 07, 2013, they must ensure the following conditions:  

- Having investment project already approved by competent authorities as prescribed by law;

- Having written approval for investment of competent authorities;

- Having had vacant land and construction permit, except for case exempted from construction permit as prescribed by law on construction.

2. For enterprises being investors of projects on commercial houses converted the use purpose into projects on social houses, apart from conditions specified in clause 1 of this Article, they must have decision of competent authorities which permit them to convert commercial houses into social houses.

3. Enterprises that are eligible as specified in this Article and wish to borrow loans must send a dossier meeting conditions as prescribed in clause 1 and clause 2 of this Article enclosed with demand on amount need borrow to the Ministry of Construction for examination, appraisal and summing them to send to the State bank of Vietnam and banks specified in the Circular No. 02/NQ-CP">11/2013/TT-NHNN dated May 15, 2013 of the State bank of Vietnam for consideration on provision of loans.

4. Banks shall provide loans to enterprises being investors of projects on social house construction and projects on commercial houses converted the use purpose into projects on social houses according to the Government’s Resolution No. 02/NQ-CP dated January 07, 2013, on the basis of list of projects announced by the Ministry of Construction in each period.  Total loan levels of bank to enterprises maximally may be 30% of the source re-financing for house assistance of the State bank of Vietnam to banks.

Article 5. Provision on commercial houses with areas of less than 70m² and at sale price of less than 15 million VND/m²

1. Commercial houses with areas of less than 70m² and at sale price of less than 15 million VND/m² prescribed in this Circular are commercial houses invested by enterprises at projects on housing development.

2. Areas of apartments, houses as prescribed clause 1 of this Article are defined as follows:

a. For condominium apartment: It means the floor area of apartment (including area of  balcony, separately-used loggia) inscribed in contract of purchase and sale according to  the principle of counting the clearance size of apartment (including area of walls dividing the inside rooms, but excluding areas of technical columns and boxes inside apartment);

b. For houses with low storey: Area of housing floor is less than 70m² and area of land precinct is less than 70m².

3. The sale prices of apartments, houses as prescribed clause 1 of this Article are defined as follows:

a. The sale price inscribed in contract of house purchase and sale is the sale price of a completed house, included VAT and fund for housing maintenance as prescribed by law on housing;

b. For condominium apartment: It is the sale price for 1m² floor as prescribed in point a clause 2 of this Article;

c. For houses with low storey: It is the sale price for 1m² housing floor, included the land price.

Article 6. Handling of violations

1. Acts of administrative violations as prescribed in this Circular shall be handled as prescribed by law on administrative violation sanction, law on construction, law on housing and law on real estate business.

2. Organizations, individuals conducting fraudulent acts on subjects, conditions for borrowing loans for housing assistance for hiring, purchase-hiring, purchase of house as prescribed in this Circular, apart from being sanctioned in accordance with regulation on administrative violation sanction in the housing management and development, they shall be forced to repay the loans, terminated contract of loan signed with credit institutions.   

3. Persons misusing titles, powers to do in contrary on regulations related to confirmation of subjects eligible to borrow loan for housing assistance as prescribed in this Circular, depending on the seriousness of violations, they shall be handled administratively or prosecuted for penal liability.  If the violators cause material damages, they must pay compensation.

Article 7. Implementation Provisions

1. This Circular takes effect on June 01, 2013.

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