Real estate is worried because of the regulation that does not allow loans to buy houses in the future.

Mr. Le Hoang Chau, Chairman of the Ho Chi Minh City Real Estate Association, said that besides the positive and outstanding provisions of Circular 22, he and real estate businesses are very concerned about the provisions at Point a, Clause 11, Article 2 of Circular No. 41 (amended and supplemented at Clause 1, Article 1 of Circular No. 22). According to this provision, loans secured by real estate for individuals to buy houses, including commercial houses, banks are only allowed to lend to individuals to buy houses that have been completed for handover, that is, available houses.

Thus, Circular No. 22 does not allow banks to lend to individuals to buy commercial housing that has not been completed for handover (i.e. commercial housing formed in the future) secured (mortgaged) by the house itself. Therefore, individuals who want to borrow credit to buy commercial housing formed in the future will have to implement other security measures or secure with other assets.

Bất động sản lo sốt vó vì quy định không cho vay tiền mua nhà ở hình thành trong tương lai- Ảnh 1. — The regulation that does not allow the use of future housing to borrow money to buy a house will make the real estate market difficult.

If this regulation is not amended immediately, it may lead to bad consequences, causing difficulties and hindering the normal operation of the real estate market, which will negatively impact the recovery and development process of the real estate market both in the short term and in the long term.

Because the purchase of future commercial housing by an individual and the mortgage of future commercial housing as collateral is a legal civil transaction under the provisions of the 2015 Civil Code. The collateral can be existing property or future property. Therefore, future commercial housing can be used as collateral. Therefore, the above provision is not consistent, synchronous, or consistent with the provisions of the 2015 Civil Code.

Therefore, the above regulation of the State Bank is not suitable, not consistent, and not consistent with the provisions of the Housing Law 2014, Housing Law 2023, and the Real Estate Business Law 2014, Real Estate Business Law 2023, Investment Law 2020, and Law on Credit Institutions 2024.

From studies, comparison of relevant legal regulations and practical situations, it is proposed to amend and supplement Clause 11, Article 2 of Circular No. 41 (amended and supplemented in Clause 1, Article 1 of Circular 22) in the direction of adding regulations allowing credit institutions to lend credit to individuals to buy commercial housing formed in the future secured (mortgaged) by that house itself, applicable to both cases of buying commercial housing or buying social housing that has been completed for handover under a house sale and purchase contract ("available" housing) or buying commercial housing or buying social housing formed in the future secured (mortgaged) by that house itself.

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