Foreigners are not allowed to buy commercial houses in the social housing project

This is information that the Ministry of Construction guides the Department of Construction of Bac Giang province on the sale, lease, and lease-purchase for 20% of the floor area of ​​commercial housing in social housing projects.

According to the Ministry of Construction, the provisions at point c, clause 1, Article 9 of the Government’s Decree No. 100 in 2015 on development and management social housing (Social housing), in case the detailed planning of the project on construction of social housing is approved by a competent state agency without allocating a separate land fund for construction of commercial and business works within the project scope, The investor is allowed to spend 20% of the total residential floor area of ​​that project for sale, lease, or hire-purchase at commercial business prices.

Besides, according to the provisions of point c, clause 1, article 6 of the Circular No. 20 of 2016 of the Ministry of Construction guiding the implementation of some contents of the Decree No. 100 of 2015 of the Government on the development and management of social housing, for the commercial business part of the social housing project specified at Points b and c, Clause 1, Article 9 of Decree No. 100 (specified in the social housing construction project approved by a competent authority), the investor may be sold, leased, leased out at commercial business prices (in the price structure including land use fees) to subjects in need to offset investment costs in social housing, contributing to a reduction in selling prices. , rental price, rental purchase price of social housing and reduce the cost of management and operation of the project’s social housing.

Thus, Decree No. 100 in 2015 of the Government and Circular No. 20 in 2016 of the Ministry of Construction do not stipulate restrictions on who can buy, rent, or lease-purchase floor areas of social housing projects for sale. , lease, hire purchase at commercial business prices.

However, according to the provisions of Clause 2, Article 159 of the Law on Housing 2014; Clause 1, Article 75 of Decree No. 99 dated October 20, 2015 of the Government detailing and guiding the implementation of a number of articles of the Law on Housing and Clause 2, Article 75 of Decree No. 99 (amended and supplemented at Clause 22, Article 1 of Decree No. 30/2021/ND-CP), foreign organizations may only buy, lease-purchase commercial houses (apartmentseparate houses) in investment projects to build commercial houses, except for areas ensuring national defense and security as prescribed by law.

“Contrasting with the above regulations, foreign organizations are not allowed to buy and own houses for commercial houses in social housing projects”, the Ministry of Construction stated.

Stop working for foreign experts in social housing projects

Last April, at a meeting on a number of issues related to the project of Van Trung social housing area, Van Trung commune, Viet Yen district (Bac Giang), Vice Chairman of the Provincial People’s Committee Phan The Tuan agreed with the proposal. of the Department of Construction on stopping the stay of experts at some projects of the project.

Leaders of Bac Giang province asked Fugiang Co., Ltd., the project investor to move experts out of the project’s housing areas.

At the same time, the Provincial Management Board of Industrial Parks is requested to strengthen the management of foreign workers in industrial parks according to regulations; monitor and urge the movement of in-house experts out of the project buildings by April 20, 2022 at the latest. Support to find new places and locations for experts (in case of request for assistance)…

Also related to the issue of social housing, in Bac Giang, over the past time, the press has reflected on the social housing project in Neh Town Urban Area (Viet Yen), although it is not eligible to sell apartments, but some deposit advice point, reserve a place to buy a house.

This is a project invested by Saigon – Hai Phong Industrial Park Joint Stock Company and EVERGREEN Bac Giang Sustainable Development Investment Joint Stock Company.

The investor has signed a contract with EverLand Real Estate Services Joint Stock Company (EverLand Company) to carry out project communication such as: Providing information and consulting on the project’s products; looking for partners, customers wishing to buy or through a third party to perform within the scope of work in the contract.

According to the provincial police and the People’s Committee of Viet Yen district, at the time of inspection, documents related to the real estate business of the investor had not been collected at the time of inspection.

However, even though it only signed a communication contract with the investor, Everland Company voluntarily signed an “agreement document” and received a “deposit” to ensure that the customer or the customer’s person finds seek (the person who is eligible to buy the project’s products as prescribed) may sign an investment cooperation contract or a product purchase and sale contract with the investor when the project is eligible for transaction.

The entire deposit amount will be deducted from the first payment when the customer signs a contract with the investor (content in the written agreement between Everland Company with the customer).

According to the Bac Giang Department of Construction, based on the Law on Real Estate Business, finding customers, signing a written agreement and receiving a deposit to ensure the signing of an investment cooperation contract, a house purchase and sale contract. with the investor when the project is eligible to be traded has formed behavior real estate broker.

The Department of Construction believes that this behavior is a civil relationship, not regulated by the Law on Real Estate Business and guiding documents, so the Department has not considered and handled it. However, the Inspector of the Department of Construction of Bac Giang province made a record of administrative violations for the failure to comply with the reporting regime as prescribed by Everland Company.

After that, the People’s Committee of Bac Giang province issued a decision to sanction an administrative violation on real estate business activities for Everland Company.

According to the People’s Committee of Bac Giang province, the above enterprise violated regulations on real estate service business. Specifically, not complying with the reporting regime as prescribed (according to the Law on Real Estate Business and the reporting regime prescribed in Decree 117/2015 of the Government on the construction, management and use of the information system). housing and real estate market news).

Therefore, Bac Giang Provincial People’s Committee fined Everland Company 140 million VND. At the same time forcing Everland Company to comply with the reporting regime as prescribed.

Conveniently style

15-25 million VND/m2: Poor people buy social housingThe average selling price of social housing is at 15 million VND/m2, in some areas up to 21-25 million VND/m2 or higher, making many poor people inaccessible.