Circular 07/2013/tt-Bxd: Guidelines For Determining The Subjects And Conditions Loans Support Housing According To Resolution No. 2/nq-Cp On 07 January 2013 By Government

Original Language Title: Thông tư 07/2013/TT-BXD: Hướng dẫn việc xác định các đối tượng và điều kiện được vay hỗ trợ nhà ở theo Nghị quyết số 02/NQ-CP ngày 07 tháng 01 năm 2013 của Chính phủ

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CIRCULAR guide defining the objects and conditions loans support housing according to resolution No. 2/NQ-CP on 07 January 2013 by the Government _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on housing, November 29, 2005;
Pursuant to Decree No. 17/2008/ND-CP DATED April 2, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 71/2010/ND-CP dated 23 June 2010 of the Government on the detailed rules and guidelines for implementing the law on housing;
Pursuant resolution No. 2/NQ-CP on 07 January 2013 by the Government on a number of solutions for difficult disassembly production business, supporting the market, resolve the bad debt;
Proposal of the Director of Department of management and the real estate market;
Construction Minister issued circular identifying objects and conditions are supporting housing loans according to resolution No. 2/NQ-CP on 07 January 2013 of the Government, article 1. Scope and objects 1. The scope of this circular adjustment adjust the content is relevant to the determination of the object was to hire, hire-purchase loans and the purchase of social housing; loans to rent, buying a home in an area of trade are smaller, the selling price below 15 million VND/m2 and for loans to invest in social housing development according to resolution No. 2/NQ-CP on 07/01/2013.
2. apply object a) servants, officers, the armed forces and low income loans subject to lease, hire purchase and the purchase of social housing;
b) civil servants, officers, the armed forces and low income loans subject to lease, buy commercial housing area are smaller and have a sale price below 15 million VND/m2;
c) business is investor's project to build social housing; business is the owner of commercial housing project of converting the energy to social housing projects;
d) organizations and individuals concerned.
Article 2. The provisions on the subject are to hire, hire-purchase loans and the purchase of social housing and the object to be loans to rent, buying a home in an area of trade are smaller, have the sale price under 15 million VND/m2 1. Officers, civil servants, public employees paid from the State budget in the State party, the Fatherland Front and other socio-political organizations, social-professional; employees in the unit's public career; the people's armed forces;
2. low income audience is employees in the business units outside of the establishment, the businesses of the economic component, the cooperative was established and operated in accordance with the law; who has been the labour holiday according to the prescribed regimes; self-employed persons, individual business.
Article 3. Get the loan conditions to hire, hire purchase and the purchase of social housing; get the loan conditions to rent, buying a home in an area of trade are smaller, have the sale price under 15 million VND/m2 1. Get the loan conditions to hire, hire purchase and the purchase of social housing: the object prescribed in article 2 was to hire, hire-purchase loans and the purchase of social housing when the lease, hire purchase and the purchase of social housing in accordance with the law.
2. get the loan conditions to rent, buying a home in an area of trade are smaller, have the sale price under 15 million VND/m2: a) of household objects and the object prescribed in article 2 must satisfy the following conditions:-not have houses owned by myself , or have houses but the area is too cramped. Namely: + There is housing apartments, but the average housing area of households is lower than 8 m 2/person;
+ There are individual houses, but the average housing area of households is lower than 8 m 2/use and land area of the House that is lower than the standard minimum land area in an allowed to renovate, built according to the provisions of the provincial people's Committee.
-Get the loan object must have permanent residence in the central cities, where housing projects. For staying close to the social insurance from 1 year upwards.
-Had the lease, purchase commercial housing under the provisions of the law.
b) confirmed the loan conditions are as defined in paragraph 2 of this Article:-The object prescribed in clause 1 article 2 must have confirmation of the unit are the work of institutions and housing status (form in annex 1) and only confirmed 12 times;
-The objects prescribed in clause 2 article 2 must have written confirmation of the communal people's Committee (ward) where it has a permanent residence or temporary stay registration verification of household and housing situation (according to the model in annex 2) and only confirmed 12 times.
c) per household only once the housing assistance loan under the provisions of this circular.
3. The object prescribed in article 2, in addition to ensuring qualified under the provisions of this Article, have to meet the conditions of the loan under the provisions of circular No. 11/2013/TT-NHNN dated Jan. 15, 2013 State Bank of Vietnam's regulations on housing assistance loan according to resolution No. 2/NQ-CP on 07/01/2013.
Article 4. Regulation on the condition get the loan of the business owner's project to build social housing, business is the owner of commercial housing project of converting the energy to social housing projects 1. For business owner's project to build social housing in addition to guaranteed the loan conditions in accordance with circular No. 11/2013/TT-NHNN dated Jan. 15, 2013 State Bank of Vietnam's regulations on housing assistance loan according to resolution No. 2/NQ-CP on 07/01/2013 of the Government , have to make sure you have enough of the following conditions:-the investment project Has been approved by the authority in accordance with the law;
-Have the written approval of the investment authority;
-There have been land and building permit, unless a building permit are exempt under the provisions of the law on construction.
2. For business is the owner of commercial housing project to convert the energy to social housing projects in addition to the conditions specified in paragraph 1 of this article, must be decided by the competent level allows conversion from commercial housing to social housing.
3. The business is eligible as defined in this Article and that needs the loan must then send the records that meet the conditions prescribed in clause 1 and clause 2 of this amount of capital needs attached to the loans of The build to test, assess and synthesize the State Bank of Vietnam and sent the Bank specified in circular No. 11/2013/TT-NHNN on May 15, 2013 of the State Bank of Vietnam to consider lending.
4. Bank loans enterprises is the investor of the project to build social housing, commercial housing project of converting the energy into social housing according to resolution No. 2/NQ-CP on 07/01/2013 of the Government on the basis of the list of projects by the Ministry of construction announced in each period. Of the Bank's lending rate for business constitute up to 30% of refinance home support at the State Bank of Vietnam for the Bank.
Article 5. Regulations on commercial houses have an area of less than 70 m2 and has a lower selling price of 15 million VND/m2 1. Commercial housing area are smaller, the selling price below 15 million VND/m2 specified in this circular is commercial housing investment by enterprises in the housing development project. 2. An area of apartment house in prescribed in paragraph 1 of this article is determined as follows: a) for apartment: is the floor area of the flat (including an area of balcony, Loggia apartment's own use) are recorded in the purchase contract according to principles of computer navigation size of apartments (even the wall prevents the room inside but does not comprising an area of columns and technical box inside the apartment);
b) for low-floor buildings: an area of the floor are smaller and in the land of the land are smaller.
3. The purchase price of the apartment, House in prescribed in paragraph 1 of this article is determined as follows: a) the selling price stated in the contract of purchase is the purchase price of the House, already include VAT and housing maintenance funding under the provisions of the law on housing;
b) for condominium: the selling price charged to 1m2 the floor in accordance with art. 2 of this Thing;
c) for low-floor buildings: sale price is the price calculated for the 1m2 floors in, which includes both land prices.
Article 6. Handle violation 1. The administrative violation according to the provisions of this circular are processed according to the provisions of the law on sanctioning of administrative violations, the law on construction, housing law and law on real estate business.
2. Organizations and individuals with deceptive behaviors of objects, the condition is the housing assistance loan to hire, hire-purchase, buy houses under the provisions of this circular, then in addition to sanctioned under the provisions on sanctioning administrative violations in the housing development and management, also was forced to pay back the money borrowed , signed the loan contract with the credit institution.
3. The advantage of the prerogatives, powers left to do the regulations regarding verification of objects eligible for loans to housing support as prescribed in this circular, then depending on the level of violation will be handled administratively or prejudice criminal liability. People have violations if damage to material compensation.
Article 7. Terms of implementation 1. This circular effect since June 2013.
2. In the process of implementing, if having difficulties, obstacles and recommendations submitted comments on The building to coordinate together to solve or the competent authority to review the decision.