HoREA proposes to consider amending and supplementing Clause 1, Article 1 of Circular 22/2023 (amending and supplementing Clause 11, Article 2 of Circular 41/2016). Photo: Quoc Hai
Ho Chi Minh City Real Estate Association (HoREA) has just sent a document to the Prime Minister and the State Bank, proposing to consider amending and supplementing Clause 1, Article 1 of Circular 22/2023 (amended and supplemented). Clause 11, Article 2, Circular 41/2016).
Additional regulations in Circular 22 “make it difficult” for home buyers
According to Mr. Le Hoang Chau, Chairman of HoREA, the Association is very concerned regarding the regulations in item (ii) point a, clause 11, Article 2 of Circular 41/2016/TT-NHNN (amended and supplemented in clause 1, Article 1 Circular No. 22/2023/TT-NHNN), if not amended immediately, may lead to negative consequences, causing difficulties and hindering the normal operation of the real estate market.
“The regulations in item (ii) point a, clause 11, Article 2 of Circular 41/2016/TT-NHNN will negatively impact the recovery and development process of the real estate market both in the immediate and long term” , Mr. Chau said.
Specifically, according to this regulation, “loans secured by real estate for individuals to buy houses” including commercial housing, commercial banks and foreign bank branches are only allowed to lend to individuals. to buy a house that is “completed for handover” – i.e. “existing housing”. In which case an individual borrows credit to buy a commercial housing “secured by real estate” which is a commercial housing, the credit institution is only allowed to lend in the case of “commercial housing that has been completed for handover”, that is, “available commercial housing” only.
“HoREA finds that ‘the source of money for debt repayment is not the source of money for renting a house formed from a loan’ specified in item (i) point a, clause 11, Article 2 of Circular 41/2016/TT-NHNN (amended). The changes and additions in Clause 1, Article 1 of Circular No. 22/2023/TT-NHNN) are unreasonable because “source of house rental money” is a very important basis for “customers to provide documents and data”. prove the customer’s financial capacity”, prove “cash flow” – grandfather Le Hoang ChauPresident of HoREA, said.
Thus, Circular 22/2023 does not allow commercial banks and foreign bank branches to lend to individuals to buy “commercial housing that has not been completed for handover” (ie “formal commercial housing”. future”) is secured (mortgaged) by that house itself.
Therefore, individuals who want to borrow credit to buy commercial housing “formed in the future” must take other security measures or secure it with other assets.
“If item (ii) of Point a, Clause 11, Article 2 of Circular No. 41/2016/TT-NHNN is not immediately amended before Circular No. 22/2023/TT-NHNN takes effect from July 1, 2024, then can lead to bad consequences.
Because, not allowing credit institutions to lend credit to individuals to buy “commercial housing to be formed in the future” secured (mortgaged) by that house itself is inappropriate and inconsistent. , consistent with relevant legal regulations,” Mr. Chau assessed.
From research and comparison of relevant legal regulations and practical situations, HoREA proposes to amend and supplement Clause 11, Article 2 of Circular No. 41/2016/TT-NHNN (amended and supplemented). in Clause 1, Article 1 of Circular 22/2023/TT-NHNN).
At the same time, HoREA also proposed to remove point b, Clause 11, Article 2 of Circular No. 41/2016/TT-NHNN (amended and supplemented in Clause 1, Article 1 of Circular 22/2023/TT-NHNN) to ensure the synchronized because “point b” is no longer required to be specified.