Law on social housing loans for low-income people at commercial banks in Vietnam

HANOI NATIONAL UNIVERSITY

FACULTY OF LAW

NGUYEN DANG THI MAI HUONG

Law on Social Housing Loans for LOW-INCOME PEOPLE AT COMMERCIAL BANKS in VIETNAM

Major : Economic Law

Code : 60 38 01 07

MASTER'S THESIS IN LAW

Scientific advisor: Associate Professor, Dr. LE THI THU THUY

COMMITMENT

I hereby declare that this Thesis is my own research work. The results stated in this Thesis have not been published in any other work. The figures, examples and quotations in this Thesis ensure accuracy, reliability and honesty. I have completed all subjects and paid all financial obligations as prescribed by the Faculty of Law, Vietnam National University, Hanoi.

So I write this Declaration to request the Faculty of Law to consider so that I can defend my Thesis.

Thank you very much!

GUARANTEE

Nguyen Dang Thi Mai Huong

Cover Page Pledge Table of Contents

List of abbreviations List of tables

INDEX

Page

INTRODUCTION 1

Chapter 1: SOME THEORETICAL ISSUES ON THE LAW ON SOCIAL HOUSING LOANS FOR LOW-INCOME PEOPLE AT COMMERCIAL BANKS 11

1.1. Some theoretical issues on social housing and social housing for low-income people 11

1.1.1. Concept of social housing 11

1.1.2. Characteristics of social housing 14

1.1.3. Subjects and conditions for purchasing social housing 17

1.1.4. Concept, characteristics of low-income people and social housing

for low income earners 22

1.2. Concept, characteristics and role of social housing loans

for low income earners of commercial banks 28

1.2.1. Concept and characteristics of lending activities of commercial banks 28

1.2.2. The role of social housing lending activities for people with

low income of commercial banks 32

1.3. General overview of legal documents regulating social housing lending activities for low-income people

in Vietnam 37

CHAPTER 1 CONCLUSION 45

Chapter 2: LEGAL STATUS OF SOCIAL HOUSING LOANS FOR LOW-INCOME PEOPLE AT BANKS

COMMERCIAL GOODS IN VIETNAM 47

2.1. Legal content on loans to buy social housing for low-income people of commercial banks 47

2.1.1. Subjects participating in legal relations of social housing loans for low-income people at commercial banks 47

2.1.2. Conditions and principles for lending to buy social housing for low-income people at commercial banks 49

2.1.3. Procedures for lending to buy social housing for low-income people at commercial banks 54

2.1.4. Credit contracts and disputes arising from credit contracts for loans to buy social housing for low-income people at banks

trade 56

2.2. Current situation and some issues raised in the law on social housing loans for low-income people at commercial banks in Vietnam 58

2.2.1. Regulations on subjects participating in legal relations of lending to buy social housing for low-income people at commercial banks in

Vietnam 58

2.2.2. Regulations on conditions and principles for lending to buy social housing for low-income people at commercial banks in Vietnam 63

2.2.3. Regulations on procedures for lending to purchase social housing for people

low income at commercial banks in Vietnam 68

2.2.4. Regulations on credit contracts and settlement of credit contract disputes in the law on social housing loans for people with disabilities

low income at commercial bank 74

2.2.5. Some issues raised in the law on loans for buying social housing

with low-income earners at commercial banks in Vietnam 78

2.3. Causes of difficulties and problems in lending to low-income people to buy social housing at banks

Trade in Vietnam 79

CHAPTER 2 CONCLUSION 84

Chapter 3: SOLUTIONS TO IMPROVE THE LAW ON SOCIAL HOUSING LOANS FOR LOW-INCOME PEOPLE AT COMMERCIAL BANKS IN VIETNAM 86

3.1. Orientation to improve the law on social housing loans for low-income people at commercial banks in Vietnam 86

3.2. Some solutions to improve the law on social housing loans for low-income people at banks

trade in vietnam 90

3.2.1. Perfecting legal regulations on subjects participating in legal relations

Law on social housing loans for low-income people 90

3.2.2. Perfecting legal regulations on conditions and principles for lending to purchase

social housing for low income earners 94

3.2.3. Perfecting legal regulations on procedures for home loan

social for low income people 95

3.2.4. Perfecting legal regulations on capital creation, interest rates, and handling of mortgaged assets for loans to buy social housing for

low income people 96

3.2.5. Some other solutions and recommendations to improve the law on social housing loans for low-income people in

commercial banks in Vietnam 100

CHAPTER 3 CONCLUSION 106

CONCLUSION 108

REFERENCES 110

ABBREVIATIONS

Real Estate:	Real estate
2	Contract:	Credit Agreement
3	State Bank:	State Bank
4	Commercial Bank:	Commercial Bank
6	Joint Stock Commercial Bank:	Joint Stock Commercial Bank
5	State-owned commercial banks:	State Commercial Bank
7	QPPL:	Legal regulations
8	TCTD:	Credit institution
9	TNCN:	Personal income
10	People's Committee:	People's Committee

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LIST OF TABLES

Number

Table name	Page
Table 1.1:	Subjects eligible to buy social housing in 2010	17
Table 1.2:	Subjects buying social housing in 2013	18
Table 1.3:	Subjects buying social housing in 2014	19

INTRODUCTION

1. Urgency of the research topic

Developing social housing is a policy of great social significance of the Party and the State and is the focus of attention of the majority of people. The goal of developing the government's social housing fund is to contribute to creating accommodation for groups of social subjects who have difficulty in housing but are unable to pay according to the market mechanism, improving the quality of life for people and ensuring social security.

The national housing development strategy to 2020 aims to “develop an additional 100 million m2 of floor space ” each year [44, Article 1], in order to meet the requirements of improving the quality of housing and living conditions of all classes of people. Of this, “at least 20% of floor space in urban housing development projects must be reserved for social policy beneficiaries, low-income earners, and the urban poor” [44, Article 1]. “By 2015, in urban areas, strive to build at least 10 million m2 of new housing ” [ 44, Article 1] and “in the 2016-2020 period, strive to build at least 12.5 million m2 of social housing to solve housing needs for low-income earners” [44, Article 1]. Next, in the national housing development strategy from 2020 to 2030 approved by the Prime Minister on November 30, 2011, it is determined that by 2030, the amount of social housing supplied to the market will contribute to the national housing development strategy, and reach an average housing area of 25m2 / person. To achieve this goal and successfully implement the social housing development strategy, it is necessary to have mechanisms and policies to encourage the process of building and developing social housing, and to mobilize all social investment resources, in which the role of the State is the leading and central one.

Nationwide today the number of cadres, civil servants and subjects

Law on social housing loans for low-income people at commercial banks in Vietnam - 1

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