(Chinhphu.vn) – Through the system of receiving and answering recommendations of businesses, the Nam Phan Investment Joint Stock Company (in Ho chi Minh City) would like to ask authorities to guide some contents related to social housing transfer and social housing project conversion. to commercial housing.

The Nam Phan Investment Joint Stock Company operates in real estate business investment. The company has completed and handed over the project of the Ehome S Phu Huu Apartment Area, District 9. Due to requests from social housing buyers, the Company has 2 recommendations as follows:

- According to Clause 5, Article 19 of the Decree 100/2015 / ND-CP,"Within a period of less than 5 years, from the time of paying off the purchase or hire-purchase of social houses, if the purchaser or the hire - purchaser wishes to resell social houses, it shall only be resold to the State (in case of renting and buying social houses invested by the State) or reselling to investors of social housing construction projects (in case of buying and renting social houses, investment in construction shall be made with outside budgetcapital sources.) or resale to subjects that are allowed to buy and rent social houses in accordance with Article 49 of the Housing Law, with the maximum selling price equal to the selling price of social houses of the same type at the same place and time aas well as not have to pay personal income tax ”.

Currently, some homebuyers have paid all their house purchase and have a need to transfer the house to the right people, but cannot do so because the notary public is not certified as there is no procedure and cannot determine the maximum selling price.and file submitted to transfer name.

The Nam Phan Investment Joint Stock Company requests authorities to provide specific guidance on the above problem.

- According to Clause 4, Article 19 of the Decree 100/2015 / ND-CP, buyers of social housing are not allowed to mortgage for loans except in case of borrowing to pay for house purchase.

At present, there is a situation where households who buy houses need money to do business but cannot borrow from banks so they want to convert social houses bought to commercial houses. In Paragraph 4, Article 19, it is stipulated that "from the time when the buyer, social housing hire-purchaser is allowed to sell social houses to those in need, it must be in addition to the payable amounts when selling houses according to the law, the apartment seller must pay 50% of the value of land use allocated to that apartment; In case of selling low-rise social houses, adjacent houses must pay 100% of land use fees, calculated according to land prices promulgated by the provincial-level People's Committees at the time of selling houses”.

The company requests the competent authority to permit the conversion of social housing to commercial housing if the buyer agrees to pay 100% of the land use fee allocated to the apartment.

Regarding this issue, The Ministry of Construction responds as follows:

According to the law on housing, social housing is allowed to invest in construction with non-budget capital, the social housing purchasers and hire -purchasers are only allowed to sell or mortgage after 5 years from the time of amount paymentfor buying and renting houses under contracts signed with the sellers and granted certificates of land use rights, ownership of houses and other assets attached to land under the provisions of land law; In the case of less than 5 years, they can only mortgage with the bank to borrow money to buy and hire to buy the apartment itself. In case of resale, they can only be sold to social housing investors of construction projects or subjects eligible to buy social houses according to regulations with selling prices must not exceed the prices of social houses of the same type at the same place and sale time (Clause 4, Article 62 of the Housing Law 2014; Clause 4, Clause 5, Article 19 of the Decree No. 100/2015 / ND-CP dated October 20, 2015 of the Government on social housing development and management).

The order and procedures for reselling this house are carried out like selling houses between individuals to each other, but the seller must return the land use fees and pay income tax to the State according to the provisions of Clause 5, Article 62 of the Housing Law and Clause 4, Article 19 of the Decree No. 100/2015 / ND-CP. The price of this house is negotiated by the buyers and sellers.

In case the social housing buyer, hire-purchaser resold to the subjects entitled to social housing support policies stipulated in Article 49 of the Housing Law, the order and procedure of reselling this house shall be implemented as selling houses between individuals to each other, but the purchaser must have sufficient papers to certify the subjects and the status of houses eligible for social housing support policies under the provisions of Article 22 of the Decree No. 100 / 2015 / ND-CP and must be confirmed by the Department of Construction on house buyers who have not been entitled to social housing support policies as stipulated in Item 1, Article 10 of the Circular No. 20/2016 / TT-BXD dated June 30, 2016 of the Ministry of Construction guiding the implementation of some contents of the Decree No. 100/2015 / ND-CP dated October 20, 2015 of the Government.

The social housing resale price in this case is based on the selling price of social houses of the same type at the same place and sale time (Item 4, Article 62 of the Housing Law 2014).

Only regulate the regulation of commercial housing projects to social housing

Current housing law (Housing Law 2014; Point c, Clause 1, Article 84 of the Decree No. 99/2015 / ND-CP dated October 20, 2015 of the Government detailing and guiding the implementation of one Number of Articles of the Housing Law, the Decree No. 100/2015 / ND-CP dated October 20, 2015 of the Government on social housing development and management) there is no regulation on the transformation of communal housing projects assembly to commercial housing projects, only regulations on adjustment of investment projects to build commercial houses to make social houses or to build houses for resettlement.