THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 100/2024/ND-CP
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Hanoi, July 26, 2024
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DECREE
ELABORATING LAW ON HOUSING
PERTAINING TO SOCIAL HOUSING DEVELOPMENT AND MANAGEMENT
Pursuant to the Law on Government Organization dated June
19, 2015; the Law on amendment to the Law on Government Organization and the
Law on Local Government Organization dated November 22, 2019;
Pursuant to the Law on Investment dated June 17, 2020;
Pursuant to the Construction Law dated June 18, 2014; the
Law on amendment to the Construction Law dated June 17, 2020;
Pursuant to the Law on Bidding dated June 23, 2023;
Pursuant to the Law on Housing dated November 27, 2023;
Pursuant to the Land Law dated January 18, 2024;
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At request of the Minister of Construction;
The Government promulgates Decree elaborating the Law on
Housing pertaining to social housing development and management.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree elaborates Articles, Clauses, and Points under
the Law on Housing No. 27/2023/QH15 (hereinafter referred to as “Housing Law”)
pertaining to:
1. Clause 2 Article 83 detailing how project developers of
commercial housing investment projects must dedicate a part of residential land
in projects where technical infrastructures have been invested and built for
construction of social housing or allocate land fund for social housing where
technical infrastructures have been invested and built outside the scope of
commercial housing investment projects in the same urban areas or pay an amount
equivalent to value of land fund on which technical infrastructures have been
invested and built to accommodate social housing construction.
2. Clause 2 Article 34 pertaining to investment stages of
social housing, houses for people’s armed forces.
3. Point a and Point b Clause 4 Article 84 pertaining to
selection of project developers for social housing investment projects.
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5. Article 82 pertaining to type and area standards of
social housing.
6. Point a and Point b Clause 1, Clause 6 and Clause 8 Article
78 pertaining to eligibility for incentive policies related to social housing.
7. Clause Article 87 pertaining to selling price, rent,
lease purchase price of social housing not funded by public investment, union
funding.
8. Clause 4 Article 126 pertaining to determination of
prices of social housing, houses for people’s armed forces that are public
property; reduction, exemption from rent of social housing, houses for people’s
armed forces; management, use, operation of social housing, houses for people’s
armed forces of public property.
9. Clause 9 Article 88 and Point e Clause 1 Article 89
pertaining to payment of land levy upon reselling social housing.
10. Clause 4 Article 89 pertaining to procedures for
selling, lease-purchasing, leasing social housing.
11. Clause 2 Article 94 pertaining to environmental safety
requirements, size and percentage of land area for worker housing development
in industrial parks.
12. Clause 4 Article 100 pertaining to leasing, management,
and use of worker housing in industrial parks.
13. Clause 4 Article 109 pertaining to procedures for
selling, lease-purchasing, leasing houses for people’s armed forces.
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15. Clause 4 Article 117 pertaining to concessional loans
granted via Vietnam Bank for Social Policies, Vietnam Development Bank for
social housing development.
16. Clause 2 Article 125 pertaining to inspection of scheme
for sale of social housing, houses for people’s armed forces that are public
property and being leased.
17. Clause 10 Article 88 pertaining to forcible repossession
of social housing.
18. Clause 2 Article 191 pertaining to transition provisions
pertaining to social housing.
This Decree applies to:
1. Organizations, households, individuals affiliated to
economic sectors in Vietnam, in other countries, and overseas Vietnamese
investing in development of social housing, worker housing in industrial parks,
houses for people’s armed forces in accordance with Housing Law.
2. Entities eligible to purchase, lease-purchase, rent
social housing; rent worker housing; purchase, lease-purchase, rent houses for
people’s armed forces in accordance with Housing Law.
3. State authorities and organizations related to
development and management of social housing, worker housing in industrial
park, and houses for people’s armed forces.
In this Decree, terminologies below shall be construed as
follows:
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2. Lease-only social housing project means a social housing
project built only for lease.
3. Investment projects for social
housing, houses for people’s armed forces include housing investment projects
under Points a, b, c, dd, and e Clause 1 Article 30 of Housing Law.
4. Low-income individual under
Clause 5 Article 76 of Housing Law means a person whose income is compliant
with Article 30 hereof.
Chapter II
INVESTMENT STAGES OF SOCIAL HOUSING,
HOUSES FOR PEOPLE’S ARMED FORCES
Section 1. PREPARATION STAGE OF INVESTMENT PROJECTS FOR
SOCIAL HOUSING, HOUSES FOR PEOPLE’S ARMED FORCES
1. Investment proposition for investment projects for social
housing, houses for people’s armed forces in the process of applying for
decision or approval for investment guidelines shall conform to Article 13 of
Decree No. 95/2024/ND-CP dated July 24, 2024 of the Government elaborating the
Law on Housing.
2. For social housing investment projects funded by union
funding, Vietnam General Confederation of Labor shall assign affiliated
entities or public service providers within their power to propose investment
projects.
1. Construction planning for implementation of social
housing investment projects, houses for people’s armed forces shall conform to
Clause 1, Point c Clause 2, Clause 3, Article 14 of Decree No. 95/2024/ND-CP
dated July 24, 2024 of the Government.
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a) Where bidding is conducted to
select project developers, requirements pertaining to planning under Point d
Clause 1 Article 21 hereof;
b) Where the Government uses land fund in commercial housing
investment projects for social housing investment and assigns other
organizations to implement investment projects for social housing, houses for
people’s armed forces in accordance with Clause 3 Article 84 of Housing Law,
the Government shall select project developers in accordance with this Decree
if social housing parameters defined under 1/500 scale detail planning of
commercial housing investment projects approved by competent authorities.
Where 1/500 scale detail planning of commercial housing
investment projects approved by competent authorities have not defined social
housing parameters in the projects, bidding for selection of new project
developers for social housing investment projects shall conform to Point a of
this Clause.
3. Where residential land fund on which technical
infrastructures have been invested in commercial housing investment projects
must be reserved for social housing construction in accordance with Clause 1
Article 17 hereof, the land fund shall be determined in accordance with 1/500
scale detail planning of commercial housing investment projects approved by
competent authorities.
1. Decision, approval, revision to
investment guidelines of investment projects for social housing, houses for
people’s armed forces shall conform to Clause 1, Clause 2, Clause 3, Clause 4,
and Clause 6 Article 15 of Decree No. 95/2024/ND-CP dated July 24, 2024 of the
Government.
Decision and revision of investment
guidelines of social housing investment projects funded by union funding shall
conform to regulations applicable to public investment projects in accordance
with public investment laws.
2. Where the Government uses land fund in commercial housing
investment projects for social housing investment and assigns other
organizations to implement social housing investment in accordance with Clause
3 Article 84 of Housing Law, prior to selecting new project developers,
competent authorities shall approve investment guidelines in accordance with
investment laws.
3. In respect of social housing
investment projects where investment guidelines are approved in accordance with
investment laws, presiding authorities that inspect investment guidelines have
the responsibility to solicit housing authorities of the same level for advice
regarding details according to investment laws and Clause 4, Clause 5 of this
Article.
For housing investment projects for
people’s armed forces, presiding authorities that inspect investment guidelines
have the responsibility to solicit the Ministry of National Defense and
Ministry of Public Security for advice regarding requirements of projects and
other details (if any).
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a) Overall total investment of the projects;
b) Type of houses and area standard;
c) Regulations, policies assisting project developers (if
any).
5. Inspected details relating to
houses in application for approval of investment guidelines and investors as
project developers of investment projects for social housing, houses for
people’s armed forces include:
a) Fulfillment of eligibility to act
as project developers in accordance with housing laws, investment laws, land
laws, and relevant law provisions (unless project developers have been selected
in accordance with housing laws, land laws, and relevant law provisions);
b) Information under Clause 4 of
this Article.
6. Competent agencies, competent
persons shall only be held accountable for details relating to houses on which they
are requested to give advice under application for approval of investment
guidelines under Clause 4 and Clause 5 of this Article; shall not be held
accountable for other details in documents, files that have been approved,
inspected, approved, or handled by other competent agencies, competent persons.
1. For projects funded by public
investment and/or union funding, project developers shall be determined in
accordance with Clause 3 Article 7 of the Law on Construction and construction
laws.
2. For projects funded by funding
sources under Point b Clause 1 Article 113 of Housing Law, project developers
shall be determined in accordance with Clause 2 Article 7 of the Law on Construction.
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a) Investor approval in accordance
with Point a Clause 4 Article 84 of Housing Law;
b) Bidding for project developer
selection in accordance with Point b Clause 4 Article 84 of Housing Law;
c) Approval of investment guidelines
and investors as project developers in accordance with Point c Clause 4 Article
84 of Housing Law.
4. Procedures for selecting project
developers in accordance with Point a and Point b Clause 3 of this Article
shall conform to Article 20 and Article 21 hereof.
5. For cases detailed under Point c Clause 3 of this
Article, written approval for investment guidelines and project developers
shall be the document determining project developers.
6. Where land fund in commercial housing investment projects
must be reserved for social housing construction in accordance with Article 17
hereof, project developers of the commercial housing investment projects shall
implement social housing investment on the land area at their discretion.
Where the Government assigns this land fund to other organizations
for implementation of investment projects for social housing, houses for
people’s armed forces as per the law, project developers shall be selected in
accordance with Article 20, Article 21 hereof.
7. Where multiple investors of investment projects for
social housing, houses for people’s armed forces are granted approval for
investment guidelines in accordance with investment laws, these investors may
appoint a investor qualified or establish enterprises, cooperatives qualified
to act as project developers in accordance with housing laws. Where project
developers are authorized to act as project developers of investment projects
for social housing, houses for people's armed forces under this Clause, such
authorization shall be implemented via written contracts which specify rights
and responsibilities of parties.
1. Land allocation, land lease, and
land repurposing for investment projects for social housing, houses for
people’s armed forces and for investment, construction of commercial housing
within investment projects for social housing, houses for people’s armed forces
(if any) shall conform to land laws. Compensation, assistance, relocation (if
any) of the projects shall conform to land laws.
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Where developers invest in
commercial housing in the projects in accordance with Point d Clause 2 Article
85 of Housing Law, land price and land levy payable shall be determined in
accordance with land laws.
3. Decision allocating land, leasing
land shall specify land area of commercial housing investment for which land
levy must be paid in case project developers invest in commercial housing in
the projects at their discretion.
4. Where project developers of
social housing investment projects have paid land levy after investors holding
land use right approve agreements pertaining to transfer of land use right for
land type on which social housing investment projects are permitted or while
holding land use right for land type on which social housing investment
projects are permitted in accordance with the Law on Land, provincial People's
Committees shall consider and decide to reimburse or deduct land levy that
project developers have paid the Government in accordance with regulations of
the law on land levy and land rents on the date on which the Government
promulgates decision permitting land repurposing.
1. After selecting project
developers in accordance with Article 7 hereof, project developers must adopt
procedures such as infrastructure connection negotiation, environmental
protection commitment if required, fire prevention and firefighting measures in
accordance with fire prevention and firefighting laws, and other relevant
procedures as per the law.
Where approved detail planning of the projects have not been
developed, project developers shall developers shall develop and submit detail
planning of the projects for inspection and approval in accordance with
planning laws and construction laws.
2. Depending on nature of the
projects and specific conditions, project developers may adopt procedures under
this Article individually or simultaneously in a manner compliant with
procedures under construction laws, land laws, and relevant law provisions.
Development, inspection, and
approval of investment projects for social housing, houses for people’s armed
forces shall conform to Article 19 of Decree No. 95/2024/ND-CP dated July 24,
2024 of the Government.
Section 2. IMPLEMENTATION STAGE OF INVESTMENT PROJECTS FOR
SOCIAL HOUSING, HOUSES FOR PEOPLE’S ARMED FORCES
Development, inspection, and approval of construction design
of investment projects for social housing, houses for people’s armed forces
shall conform to Article 20 of Decree No. 95/2024/ND-CP dated July 24, 2024 of
the Government.
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1. After obtaining construction permit, project developers
shall send construction commencement notice to local construction authorities
in accordance with construction laws.
After commencing construction,
project developers have the responsibility to provide project-related
information in accordance with Point a Clause 1 Article 38 hereof. Investment
projects for houses for people's armed forces shall conform to Point a Clause 1
Article 68 hereof.
2. Project construction and investment shall conform to
construction laws and relevant laws.
3. Sale and lease-purchase of off-the-plan social housing,
houses for people’s armed forces shall conform to Article 88 of Housing Law. Sale
and lease of off-the-plan commercial housing in the projects shall conform to
housing laws and real estate business laws.
After houses and other structures of housing investment
projects are eligible for business in accordance with housing laws and real
estate business laws, project developers shall be permitted to conduct business
involving housing products and other structures as per the law.
Project developers shall develop and
request field-specific authorities affiliated to provincial People's Committees
to inspect selling price and lease-purchase price of social housing, houses for
people’s armed forces as per the law.
Project developers shall fulfill
financial obligations related to land in accordance with Clause 2 Article 23
hereof before conducting business involving commercial housing products (if
any).
Construction process of investment projects for social
housing, houses for people’s armed forces shall undergo commissioning in
accordance with Article 23 of Decree No. 95/2024/ND-CP dated July 24, 2024 of
the Government.
Section 3. CONCLUSION STAGE OF INVESTMENT PROJECTS FOR
SOCIAL HOUSING, HOUSES FOR PEOPLE’S ARMED FORCES
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Delivery of social housing, houses for people’s armed forces
shall conform to Clause 3 and Clause 4 Article 37 of Housing Law and Article 25
of Decree No. 95/2024/ND-CP dated July 24, 2024 of the Government.
Chapter III
REGARDING SOCIAL HOUSING
Section 1. RESERVATION OF SOCIAL HOUSING LAND AREA IN
COMMERCIAL HOUSING INVESTMENT PROJECTS OR ALLOCATION OF LAND AREA OUTSIDE OF
COMMERCIAL HOUSING INVESTMENT PROJECTS OR PAYMENT OF AMOUNT EQUIVALENT TO VALUE
OF LAND FUND ON WHICH TECHNICAL INFRASTRUCTURE SYSTEM HAS BEEN IMPLEMENTED FOR
CONSTRUCTION OF SOCIAL HOUSING
1. In special class, class I, class II, and class III urban
areas, provincial People’s Committees of administrative divisions where the
projects are located shall, upon approving investment guidelines of projects
within their power, request the project developers to reserve 20% of total
residential land area (excluding existing land area, land for relocation) in
the projects where technical infrastructure system has been implemented for
construction of social housing (hereinafter referred to as “land fund for social
housing”).
In respect of commercial housing investment projects in
special class, class I, class II, and class III urban areas where the Prime
Minister is entitled to approve investment guidelines, provincial People’s
Committees of administrative divisions where projects are located shall reserve
20% of total residential land area (excluding existing land area, land for
relocation) in the projects where technical infrastructure system has been
implemented for construction of social housing after presiding authorities
request the Prime Minister to approve investment guidelines.
2. Where commercial housing investment projects are located on multiple
administrative divisions at least one of which is a class III urban area or
higher, project developers of the projects shall reserve 20% of total
residential land area in the projects where technical infrastructure system has
been implemented for construction of social housing in accordance with Clause 1
of this Article.
1. In respect of projects in special class, class I, class
II, and class III urban areas where provincial People’s Committees are entitled
to approve investment guidelines, provincial People’s Committees shall decide
the allocation of land fund for social housing with invested technical
infrastructure system outside of commercial housing investment projects upon
approving investment guidelines and investors as follows:
a) Reservation of land fund for social housing is required
in accordance with Article 17 hereof;
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c) Project developers request to be allocated with land fund
in writing in accordance with Point b of this Clause to replace land fund for
social housing under Article 17 hereof.
2. In respect of projects in special class, class I, class
II, and class III urban areas where the Prime Minister is entitled to approve
investment guidelines and project developers, provincial People’s Committees of
administrative divisions where projects are located shall decide the allocation
of land fund for social housing with invested technical infrastructures outside
of commercial housing investment projects after presiding authorities request
Prime Minister to consider and approve investment guidelines and investors if
the projects satisfy requirements under Point a, Point b, and Point c Clause 1
of this Article.
3. Where competent authorities approve the allocation of
land fund for social housing with invested technical infrastructures outside of
the projects in accordance with Clause 1, Clause 2 of this Article, provincial
People’s Committees have the responsibility to amend land use plans in
accordance with land laws; approve or request competent authorities to approve
investment guidelines and investors in order to enable project developers to
invest in social housing on alternative land area under Clause 1, Clause 2 of
this Article; invest in technical infrastructures system outside of alternative
land area under Clause 1, Clause 2 of this Article.
1. In respect of commercial housing investment projects in
special class, class I, class II, and class III urban areas, provincial
People’s Committees shall, upon approving investment guidelines of commercial
housing investment projects or approving investors for commercial housing
investment projects, consider and decide against allocation of residential land
fund with invested technical infrastructure system in the projects in
accordance with Article 17, Article 18 hereof and allow relevant project
developers to make payments equivalent to value of residential land fund with
invested technical infrastructure system reserved for construction of social
housing.
In respect of commercial housing investment projects in
special class, class I, class II, and class III urban areas where the Prime
Minister is entitled to approve investment guidelines, provincial People’s
Committees of administrative divisions where projects are located shall decide
against reservation of residential land area for construction of social housing
in accordance with Article 17, Article 18 hereof and allow relevant project
developers to make payments equivalent to value of residential land fund with
invested technical infrastructure system reserved for construction of social
housing after presiding authorities request the Prime Minister to approve
investment guidelines.
2. Payments made by project developers shall conform to
regulations of the law pertaining to land levy and land rents and determined on
the date on which investment in technical infrastructure system has been
implemented.
3. Payments made by project developers in accordance with
Clause 2 of this Article shall be submitted to local government budget, managed
and used in accordance with state budget laws.
4. Where project developers of commercial housing investment
projects have made payments equivalent to value of land fund for social housing
with invested technical infrastructure system in accordance with Clause 2 of
this Article, the project developers shall be considered to have fulfilled
obligations relating to social housing.
5. Documents submitted by project developers of commercial
housing investment projects upon making payments equivalent to value of land
fund under Clause 2 of this Article:
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b) In respect of projects where the Prime Minister is
entitled to approve investment guidelines, the required documents shall be
written approval for investment guidelines in accordance with investment laws;
written response sent by provincial People's Committees to presiding
authorities to enable Prime Minister to approve project investment guidelines.
Section 2. PROJECT DEVELOPERS OF SOCIAL HOUSING INVESTMENT
PROJECTS
1. Where only 1 investor satisfies
requirements under expression of interest in accordance with bidding laws,
provincial People’s Committees of administrative divisions where the projects
are located shall approve the investor as project developer of social housing
investment projects after conditions for investor approval in accordance with
investment laws and requirements pertaining to equity and capital mobilization
capability in accordance with real estate business laws, land laws, and other
relevant law provisions are met.
2. Procedures for approving investors shall conform to
investment laws.
3. Written approval for investors shall be the documents
determining project developers of social housing investment projects under this
Article.
1. For social housing investment
projects, bidding for selection of project developers shall be conducted if:
a) Requirements and criteria of
projects where bidding is required in accordance with bidding laws are met;
b) The projects do not fall under
cases detailed in Point a and Point c Clause 4 Article 84 of Housing Law;
c) Decision approving investment
guidelines in accordance with investment laws has been issued;
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2. Organizations participating in
bidding for selection of project developers of social housing investment projects
must satisfy requirements under Clause 5, Clause 6 Article 126 of Land Law No. 31/2024/QH15
dated January 18, 2024 and documents guiding Land Law, Bidding Law No. 22/2023/QH15
dated June 23, 2023 and other guiding documents.
3. Declaration of social housing
investment projects where project developers are selected via bidding shall
conform to Bidding Law No. 22/2023/QH15 dated June 23, 2023 and guiding
documents.
4. Expression of interest and
bidding documents for selection of project developers of social housing
investment projects shall conform to document forms for bidding in accordance
with bidding laws whereas bidding documents must also comply with regulations
on evaluation standards under Clause 5 of this Article.
5. Bid evaluation for investor
selection for social housing investment projects shall conform to bidding laws.
Bid shall be evaluated on the scale
of 100 points where total points are determined by evaluation of
qualifications, experience, business and investment plans, investment effectiveness
of industry, sector, local development where total weighting of all criteria
does not exceed 100%.
a) Evaluation criteria regarding
qualification and experience:
Criterion pertaining to financial
capability for project execution (investors whose equity according to real
estate business laws is the highest are selected): 5% to 10% of total points.
Criterion pertaining to experience
in implementing housing investment projects (investors that have more
experience in implementing housing investment projects are selected): 5% to 10%
of total points.
b) Evaluation criteria regarding
business investment plans:
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Criterion pertaining to feasibility
of solutions for adopting construction technology according to proposition of
investors; 1% to 2% of total points.
Criterion pertaining to investment
in technical infrastructures, social infrastructures: 5% to 7% of total points;
if technical infrastructures and social infrastructures of projects are
available, all investors are granted maximum point for this criterion.
Criterion pertaining to schedule of
project execution and structure operation (investors that propose the shortest
project implementation period are selected): 2% to 3% of total points.
Criterion pertaining to
compensation, assistance, relocation plans and expenditure (if any): 2% to 3%
of total points; where compensation, assistance, relocation expenditure
expenditure equivalent to 10% total investment or higher is paid in advance,
all investors are granted maximum point for this criterion.
Criterion pertaining to social
benefits for local employees: 2% to 3% of total points.
Criterion pertaining to
environmental protection, energy efficiency, land use ratio, natural resource
use at the site of projects: 1% to 2% of total points.
c) Evaluation standards regarding
investment effectiveness of industry, sector, local development: Criterion
pertaining to selling price, lease-purchase price, rent (investors that propose
a lower price are selected): 40% to 50% of total points (where selling price
requirement is determined in bidding, price evaluation is not implemented in
presence of 1/500 scale detail planning).
Investors shall be selected as
project developers of social housing investment projects via bidding if they
meet all requirements according to bidding laws, satisfy minimum point
requirements of individual criterion in Point a, Point b, and Point c of this
Clause, and have the highest maximum points not lower than 70.
Where 2 investors or more tie in
total points, investors scoring the highest point in the first criterion in the
order listed in this Clause where the all investors do not tie shall be
selected.
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Section 3. INCENTIVES FOR PROJECT DEVELOPERS OF SOCIAL
HOUSING INVESTMENT PROJECTS
1. Standard profits of project developers
of social housing investment projects under Point c Clause 2 Article 85 of
Housing Law shall equal at most 10% total investment for social housing area
determined in accordance with Clause 2 of this Article.
2. Total investment of social
housing area consists of construction expenditure of social housing investment
projects (including: social housing structures, structures or work items of
technical infrastructures, social infrastructures (if any) in the projects),
loan interest (if any), and legitimate and reasonable expenditure of
enterprises allocated to social housing area and is determined as follows:
a) Investment of projects which is
determined in accordance with regulations of the law on management of
investment expenditure on the date on which inspection application is submitted
including: compensation, assistance, relocation expenditure (if any),
construction expenditure, equipment expenditure, project management
expenditure, construction counseling expenditure, other expenditure,
provisional expenditure;
b) Loan interest (if any) which does
not include loan interest during construction period defined under construction
and investment expenditure of the projects;
c) Legitimate and reasonable
expenditure of enterprises which consists of expenditure on arranging sale,
expenditure on managing enterprises, expenditure related to projects and
allocated to social housing area for sale and are determined on the basis of
the date on which inspection application is submitted. Total legitimate and
reasonable expenditure shall equal 2% of investment in social housing area for
sale, lease-purchase, lease under Point a of this Clause. Where total
legitimate and reasonable expenditure is insufficient, project developers shall
develop estimates for this expenditure.
3. Investment in structures or work
items of technical infrastructures, social infrastructures (common ownership if
any) of the entire projects and compensation, assistance, relocation
expenditure under Clause 2 of this Article shall be evenly distributed across
residential land area and land area for business, service, commercial
operations (if any) in social housing investment projects.
4. Investment in structures and work
items of common technical infrastructures of the projects under Clause 2 of
this Article includes: investment in traffic system, energy supply system,
public lighting system, communication system, water supply system, drainage and
sewage treatment system, solid waste management system, public hygiene system,
other technical infrastructure system in social housing investment projects in
accordance with construction laws.
1. Project developers of social
housing investment projects shall be eligible for incentive policies for area
for business, service, commercial operations, and commercial housing under
Point d Clause 2 Article 85 of Housing Law.
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3. Land area for construction of
service, commercial structures shall be determined in total land area for
commercial, service operations of the projects. Land area for construction of
commercial housing shall be determined in total residential land area of the
projects. Specific land area for construction of business, service, commercial
structures and commercial housing shall be determined upon developing,
approving detail planning of the projects and shall not exceed 20% total
residential land area of the projects.
4. Where detail planning of social
housing investment projects approved by competent authorities does not allocate
separate land fund for construction of business, service, commercial structures
and commercial housing in the projects, project developers may reserve floor
area that does not exceed 20% total housing floor area of the projects, does
not include area accommodating common activities of households in the projects
(community spaces, medical facilities, kindergartens, other essential
infrastructures serving building inhabitants), and does not include parking lot
area in accordance with the National Technical Regulations on Apartment
Buildings for business, service, commercial operations.
Where social housing investment
projects consist of multiple apartment blocks, project developers may choose to
reserve floor area for business, service, commercial operations in each
apartment block or combine floor area for business, service, commercial
operations of each apartment block into floor area for business, service,
commercial operations of an apartment block or apartment blocks.
5. Where project developers of
social housing investment projects invest in business, service, commercial
structures on land area or floor area of the projects reserved for business,
service, commercial operations, project developers shall not be required to
incur land levy and land rents for this land area and floor area unless the
project developers transfer this area or contribute capital in form of this
area.
1. Where project developers of commercial housing investment
projects directly invest in social housing investment projects in accordance
with Clause 2 Article 83 of Housing Law, the project developers shall be
eligible for incentives specified under Clause 2 Article 85 of Housing Law,
Article 22, and Article 23 hereof.
2. Where project developers of commercial housing investment
projects directly invest in social housing investment projects in accordance
with Clause 3 Article 83 of Housing Law, the project developers shall be
eligible for incentives specified under Clause 2 Article 85 of Housing Law,
Article 22, and Article 23 hereof.
VBSP, BIDV, and credit institutions
shall grant concessional loans in a manner compliant with regulations of the
law on lending operations of VBSP, BIDV, and applicable law provisions
pertaining to lending operations of credit institutions for customers that are
project developers of social housing investment projects not funded by public
investment or union funding under Clause 2 Article 85 of Housing Law as
follows:
1. Eligibility for loans:
a) Investment guidelines of social
housing investment projects have been approved by competent authorities in accordance
with investment laws;
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c) Eligibility to apply for loans in
accordance with regulations of the law pertaining to lending operations of
credit institutions for customers has been met;
d) Security interests in lending operations
have been adopted in accordance with regulations of the law and regulations of
VBSP, credit institutions.
2. Loan limit:
a) In respect of social housing invested and built to be
sold or lease-purchased: Project developers shall be eligible for loans that at
most equal 70% total investment of the projects or capital use plans and 70% of
loan security interests;
b) In respect of social housing invested and built to be
solely leased: Project developers shall be eligible for loans that at most
equal 80% total investment of the projects or capital use plans and 80% of loan
security interests.
3. Loan term:
a) In respect of social housing invested to be sold, loan
term shall not be longer than 10 years from the date on which the first loan is
disbursed;
a) In respect of social housing invested to be
lease-purchased, loan term shall not be longer than 15 years from the date on
which the first loan is disbursed;
c) In respect of social housing invested to be solely
leased, loan term shall not be longer than 20 years from the date on which the
first loan is disbursed.
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a) For social housing investment projects where social
housing is to be sold or lease-purchased, concessional interest rate for loans
granted by VBSP shall equal 120% of interest of loans applied for by borrowers
for purchase, lease-purchase of social housing from time to time at VBSP. Interest
of outstanding loan shall equal 130% loan interest;
b) For social housing investment projects where social
housing is to be leased, concessional interest rate for loans granted by VBSP
shall equal interest of loans applied for by borrowers for purchase,
lease-purchase of social housing from time to time at VBSP. Interest of
outstanding loan shall equal 130% loan interest;
c) Concessional interest rate for loans granted by credit
institutions shall be negotiated by the credit institutions and borrowers.
5. Loan disbursement: Loan shall be disbursed in accordance
with project schedule and request of project developers. Amount of disbursement
varies depending on technical stops.
6. Eligibility to apply for loans, loan amount, loan term,
loan interest, loan security interests, and other details related to the loans
granted by BIDV shall conform to applicable regulations of the law pertaining
to investment credit of the Government.
7. In addition to provisions specified under Clause
1, Clause 2, Clause 3, Clause 4, and Clause 5 of this Article, for other
details related to lending operations, credit institutions that grant loans
shall comply with applicable law provisions pertaining to lending operations of
credit institutions.
Individuals building or renovating
or repairing houses to lease to beneficiaries of social housing support
policies in accordance with Clause 4 Article 85 of Housing Law shall be
eligible for concessional loans as follows:
1. Eligibility for loans:
a) Borrowers have sufficient solvency according to
commitment with lending credit institutions;
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c) Borrowers are in possession of capital use plans and
construction permit where such items are required in accordance with
construction laws. In
case of term construction permit, borrowers shall be eligible for loans the
term of which is appropriate to useful life of structures;
d) Borrowers implement loan security interests equal to use
value of residential land and property attached to residential land or other
property as per the law.
2. Loan limit: Borrowers shall be eligible for loans that
equal at most 70% total project investment or capital use plans and do not
exceed 70% value of loan security interests.
3. Loan term: Loan term shall not be longer than 20 years
from the date on which the first loan is disbursed.
4. Loan interest:
a) Concessional interest rate for loans granted by VBSP
shall equal that of loans applied for by borrowers at VBSP for purchase,
lease-purchase of social housing from time to time. Interest of outstanding
loan shall equal 130% loan interest;
c) Concessional interest rate for loans granted by credit
institutions shall be negotiated by the credit institutions and borrowers.
5. Individuals building, renovating, repairing houses at
their discretion to lease to beneficiaries of social housing support policies
in accordance with Clause 4 Article 85 of Housing Law shall be eligible for
concessional loans satisfactory to Clause 1 of this Article and required to
develop investment plans. Social housing products must not be traded directly. Periodic
reports must be filed to provincial housing authorities on a 3-month basis
throughout implementation.
Section 4. TYPE AND AREA STANDARDS OF SOCIAL HOUSING
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a) The apartment building must be designed, built in manner that
is thorough and compliant with national technical regulations and technical
standards;
b) Standard useable area of each apartment unit is at least
25 m2 and 70 m2 at most;
c) Maximum useable area of apartment
units can be increased by a maximum of 10% where the number of apartment units
of which useable area exceeds 70 m2 does not exceed 10% total number
of social housing apartment units in the projects.
2. Social housing built in form of single-family houses
under projects shall only be implemented in communes located in ethnic
minorities regions and mountainous regions in accordance with regulations of
the Prime Minister and provisions below:
a) The social housing shall be so designed and built to
comply with national standards, national technical regulations on construction
planning;
b) Building density, land use coefficient, height of
single-family houses conform to rural planning or regulations on architecture
management of rural areas approved by competent authorities;
c) Area of plot on which social
housing that is single-family house is built shall not exceed 70 m2
while land use coefficient does not exceed 2.
1. In case of multi-storey,
multi-unit apartments, the following requirements must be met:
a) For apartment buildings with at
least 2 storeys and at least 20 units, requirements under Clause 1 Article 57
of Housing Law must be met;
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2. Where a row of single-storey houses is built for
lease, requirements below must be met:
a) The structures must be enclosed
(with separate dwelling areas, separate sanitation areas) in accordance with
construction standards;
b) Average useable area per person
for residential purposes shall not be lower than 8 m2 (excluding
area of auxiliary sections);
c) Regulations pertaining to
construction quality of level IV or higher in accordance with construction laws
must be met;
d) Layout arrangement of houses and
other work items in a row of single-storey houses on plot must allow convenient
traffic, environmental hygiene, and satisfy conditions for emergency
remediation (fire, explosion, structural failure, etc.).
Section 5. ELIGIBILITY FOR SOCIAL HOUSING SUPPORT POLICIES
1. Entities under Clause 1 Article 77 of Housing Law or
their spouses (if any) have not owned houses as they are not named under
certificate of land use right or ownership of property attached to land in
provinces and central-affiliated cities where relevant social housing projects
are located at the time in which they apply for purchase, lease-purchase of
social housing.
Within 7 days from the date on which district land
registration offices/office branches affiliated to provinces and
central-affiliated cities where relevant social housing investment projects are
located receive application for verification of ownership status under
certificate of land use right, and/or ownership of property attached to land,
the district land registration offices/office branches shall verify in respect
of entities under this Clause.
2. Entities under Clause 1 Article 77 of Housing Law own
houses where average floor area per capita is lower than 15 m2 of
floor area/person. Floor area per capita under this Clause shall be determined
on the basis of: applicant, his/her spouse, his/her parent(s) (if any), his/her
children (if any) of whom residence is registered at the property.
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1. Entities under Clauses 5, 6, and 8 Article 76 of Housing
Law must meet income requirements below:
a) Where the applicant is single, net monthly income must
not exceed 15 million VND according to pay slip verified by his/her employer,
workplace, enterprise.
Where the applicant is married as per the law, net monthly
income of the applicant and his/her spouse must not exceed 30 million VND
according to pay slip verified by their employers, workplaces, enterprises.
b) Income data shall be collected in the last year from the
date on which entities under this Clause submit adequate applications for
purchase, lease-purpose to project developers.
2. In case entities under Clause 5 Article 76 of Housing Law
are not in possession of employment contract, where they are single, net
monthly income must not exceed 15 million VND; where they are married, net
monthly income of the applicants and there spouses must not exceed 30 million
VND. Within 7 days from
the date on which commune-level People's Committees receive applications,
commune-level People's Committees shall verify income eligibility in the last
year from the date on which entities under this Clause submit adequate
application for purchase, lease-purchase of social housing.
3. For entities under Clause 2, Clause 3, and Clause 4
Article 76 of Housing Law, the entities must be categorized as poor households
or near-poor households in accordance with poverty lines of the Government.
4. For entities under Clause 7 Article 76 of Housing Law,
income eligibility under Article 67 hereof shall be adopted.
Section 6. SELLING PRICE,
LEASE-PURCHASE PRICE, RENT OF SOCIAL HOUSING
1. Rent of social housing funded by the Government using
public investment or union funding shall conform to the regulations below:
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b) Rent of social housing shall be determined using the
formula below:
Gt =
Vđ + Bt
x K x (1 + GTGT)
12 x St
Where:
Gt: means rent for 01 m2 of floor
area for 1 month (VND/m2/month).
Vđ: means total investment and construction costs
excluding VAT for implementation of social housing investment projects
(including costs allocated to social housing) in accordance with regulations of
the law pertaining to management of construction, allocated on an annual basis
to leased floor area on a capital preservation principle.
Vđ =
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(1 + r)n - 1
Tđ (VND): means total
investment and construction costs of social housing area under Clause 2 Article
22 hereof, determined in accordance with investment settlement value approved
by competent authorities; where investment settlement has not been approved,
total investment and construction costs are determined on the basis of
investment and construction costs approved by competent authorities or
investment and construction costs under bidding results (if any).
r (%/year): means interest rate for investment preservation
(in years) determined by persons making investment decision.
n: means the number of years necessary to recover
investment, determined by persons making investment decision, at least 20
years.
Bt: means annual maintenance expenditure
allocated to floor area for lease in accordance with regulations of the law on
quality management, structure construction and management.
St : means floor area of houses for lease.
K: means coefficient of rent adjustable of dwelling units
determined on the basis of weighted mean where weight mean of floor area on all
storeys of a building block equals 1.
GTGT: means VAT determined in accordance with tax laws.
12: means the number of month in a year.
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2. Lease-purchase price of social
housing funded by the Government using public investment shall conform to
regulations below:
a) Lease-purchase price of social housing shall be
determined on the basis of including costs under Clause 2 Article 86 of Housing
Law and excluding bonuses under Clause 1 Article 85 of Housing Law;
b) Lease-purchase price of social housing shall be
determined using the formula below:
Gt =
Vđ
x K x (1 + GTGT)
12 x Stm
Where:
Gt: means lease-purchase price for 01 m2 of
housing area for 1 month (VND/m2/month).
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Vđ =
Tđ x r x (1 + r)n
(1 + r)n - 1
Tđ (VND): means total
investment and construction costs of social housing area under Clause 2 Article
22 hereof, determined in accordance with investment settlement value approved
by competent authorities; where investment settlement has not been approved,
total investment and construction costs are determined on the basis of
investment and construction costs approved by competent authorities or
investment and construction costs under bidding results (if any).
r (%/year): means interest rate for investment preservation
(in years) determined by persons making investment decision.
n: means the number of years necessary to recover
investment, determined by persons making investment decision, at least 05
years.
Stm: means floor area of
lease-purchased houses.
K: means coefficient of lease-purchase price adjustable of
dwelling units determined on the basis of weighted mean where weight mean of
floor area on all storeys of a building block equals 1.
GTGT: means VAT determined in accordance with tax laws.
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c) Lease-purchase price shall be determined for the entire
project or individual investment stage (if any) depending on project investment
guidelines.
3. On the basis of Clause 1 and Clause 2 of this Article,
provincial housing authorities have the responsibility to take charge and
cooperate with equivalent financial authorities in preparing and requesting
ownership representative agencies to promulgate rent, lease-purchase price of
social housing that are public property and applying to houses under their
management.
4. For projects funded by union funding, project developers
shall propose rent plans to Vietnam General Confederation of Labor for
promulgation.
Article 32. Selling price of social housing not funded by
public investment and union funding
1. Selling price of social housing shall be determined on
the basis of including costs under Point a Clause 1 Article 87 of Housing Law
and excluding bonuses, maintenance expenditure under Point b Clause 1 Article
87 of Housing Law.
c) Selling price shall be determined for the entire project
or individual investment stage (if any) depending on project investment
guidelines.
2. Selling price of social housing shall be determined using
the formula below:
GiB =
Tđ + L
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SB
Where:
GiB (VND/m2):
means selling price of 01 m2 of area of an apartment unit (or a
house) of social housing of which construction has completed in the ith
position.
Tđ (VND): means
total investment and construction costs (including VAT) of social housing area
under Clause 2 Article 22 hereof, determined in accordance with investment
settlement value; where investment settlement has not been approved, total
investment and construction costs shall be determined in accordance with
approved investment and construction costs or investment and construction costs
according to bidding results (if any).
L (VND): means standard profits
determined by standard rates multiplied by Tđ.
SB (m2):
means total floor area of apartment units (or houses) for sale in houses or
projects, including area of apartment units or houses which the project
developers do not sell.
Ki: means coefficient of selling
price variables for area in the ith position determined via weighted mean where
weighted mean of floor area of a building block equals 1.
3. Procedures for inspecting selling
price of social housing not funded by public investment and union funding shall
conform to Article 35 hereof.
1. Lease-purchase price of social housing shall conform to
Clause 2 Article 87 of Housing Law and exclude bonuses, maintenance expenditure
under Point b Clause 1 Article 87 of Housing Law.
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2. Lease-purchase price of social housing shall be
determined using the formula below:

Where:
Gi™ (VND/m2/month): means
lease-purchase price for 01 m2 of floor area of apartment unit
(or house) of social housing of which construction has been completed in ith
position in a month. Lease-purchase price does not include apartment building
maintenance fund.
Ai: means a percentage between
remaining value of apartment unit (or house) of social housing in the ith
position (less initial payment) relative to initial value of the ith
lease-purchased apartment unit (or house) (A < 1) according to lease-purchase
contracts.
Vđ (VND/year): means
total investment and construction costs of social housing in the project
allocated to lease-purchased floor area of social housing, allocated annually
on the principle of capital preservation, and determined using the formula below:
Vđ =
Tđ x r x (1 + r)n
(1 + r)n - 1
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r (%/year): means interest rate for investment
preservation (in years) determined by persons making investment decision.
n: duration of lease-purchase agreed
upon between the landlord and the tenant, at least 5 years.
L (VND/year): standard profits per
year and equal standard rate multiplied by Tđ.
Si™ (m2): means floor
area of apartment unit (or house) of social housing for lease-purchase at ith
position of housing structure or projects.
Ki: means coefficient of
lease-purchase price variables for area in the ith position determined via weighted
mean where weighted mean of floor area of a building block equals 1.
3. Procedures for inspecting lease-purchase price of social
housing not funded by public investment and union funding shall conform to
Article 35 hereof.
1. Methods for determining rent of social housing not funded
by public investment and union funding shall be similar to those for rent of
social housing funded by public investment under Clause 1 Article 31 hereof. Rent
of social housing consists of maintenance funding and standard profits as per
the law and does not include bonuses provided by the Government.
2. Provincial housing authorities have the responsibility to
take charge, cooperate with equivalent financial authorities in developing and
requesting provincial People’s Committees to promulgate social housing rent
bracket. During development of social housing rent bracket in their
jurisdiction, provincial housing authorities may hire consultancy entities to
develop and determine social housing rent bracket.
3. For social housing built, renovated, or repaired by
individuals to lease to beneficiaries of social housing support policies, the
individuals shall evaluate at their discretion in a manner compliant with
bracket promulgated by provincial People‘s Committees of administrative
divisions where social housing for lease is located.
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1. Project developers shall submit application (certified
true copies) in person to field-specific authorities of provincial People’s
Committees of administrative divisions where the projects are located or online
via provincial online public service portal for inspection of selling price,
lease-purchase price of social housing that they fund the construction of in
accordance with Clause 2 of this Article.
2. Application for price inspection consists of:
a) Written application using form under Appendix I attached
hereto;
b) Legal documents of the project (consisting of: Written
approval of investment guidelines; decision allocating land or certificate of
land use right or other documentation proof of land use right; written approval
for 1/500 scale detail planning; construction permit and other relevant
documents);
c) Methods for determining selling price, lease-purchase
price of social housing funded by project developers.
3. Field-specific authorities of provincial People’s
Committees of administrative divisions where relevant projects are located
shall inspect lease-purchase price of social housing at request of project
developers as follows:
a) Field-specific authorities of provincial People’s
Committees of administrative divisions where relevant projects are located
shall conduct inspection and be responsible to provincial People’s Committees
for inspection result and time limit.
Where project developers have finished construction of
social housing and audit or settlement of project costs as per the law,
field-specific authorities of provincial People’s Committees of administrative
divisions where projects are located may rely on audit report, decision
approving settlement results to inspect selling price, lease-purchase price of
social housing in the projects.
b) Within 30 days from the date on which field-specific authorities of
provincial People’s Committees receive adequate application for price
inspection submitted by project developers, field-specific authorities of
provincial People’s Committees shall conduct inspection and inform project
developers about inspection results which include approved details and details
that need to be amended (if any).
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c) Where field-specific authorities of provincial People’s
Committees of administrative divisions where relevant projects are located do
not issue written notice within the time limit under Point b of this Clause,
project developers have the right to promulgate prices in accordance plans
submitted for inspection or proposed prices under bid and sign social housing
purchase, lease-purchase contracts with customers after sending social housing
selling price, lease-purchase price schedule to local Departments of Construction.
d) Within 60 days from the date on which the time limit
under Point b of this Clause expires, field-specific authorities of provincial
People’s Committees of administrative divisions where relevant projects are
located must inspect social housing selling price, lease-purchase price and
inform project developers about inspection results.
Where inspected price is higher than the price with which
project developers enter into contracts, the project developers must not charge
further. Where inspected price is lower than the price with which project
developers enter into contracts, project developers shall re-sign contracts or
amend contract appendices and refund the excess to the buyers, tenants.
dd) Field-specific authorities of provincial People’s
Committees have the responsibility to publicly post inspected prices on their
website (within 15 days after the date on which inspection results are
available); project developers shall publicly post inspected prices, selling
price, lease-purchase price of social housing at the site of project and on
website of project developers, website of the projects (if any).
e) After social housing investment projects have concluded
and entered into operation, project developers shall audit, approve settlement
of project expenditure and submit 1 set of documents (certified true copies) to
field-specific authorities of provincial People’s Committees request inspection
of social housing selling price, lease-purchase price.
Where social housing selling price, lease-purchase price
under audit results, settlement approval is higher than the price with which
the project developers enter into contracts, the project developers must not
charge further. Where social housing selling price, lease-purchase price under
audit results, settlement approval is lower than the price with which the
project developers enter into contracts, project developers shall re-sign
contracts or amend contract appendices and refund the excess to the buyers,
tenants.
4. Where project developers adopt winning bid, re-inspection
of social housing selling price and lease-purchase price in accordance with
this Article shall not be required.
1. Exemption and reduction of rent of social housing that is
public property shall conform to the following principles:
a) Beneficiaries of rent reduction or exemption must be a
party to property lease contracts (including representatives signing the
contracts and other members named in the contracts);
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c) Where a tenant is eligible for multiple instances of rent
reduction, exemption, he/she shall benefit from the highest instance;
d) Where at least 2 tenants in a household are eligible for
rent reduction, the household shall be eligible for rent exemption.
2. Entities eligible for rent exemption, reduction of social
housing of public property include:
a) Individuals serving the war, relatives of martyrs
eligible for housing improvement in accordance with Ordinance for benefits for
individuals serving the Revolution;
b) Poor households, near-poor households in accordance with
regulations of the law on poverty lines;
c) Social protection beneficiaries receiving monthly social
allowance as per the law eligible for social housing support policies.
3. Rent reduction, exemption amount
a) Entities under Point a Clause 2 of this Article shall be
eligible for rent reduction the rate of which is specified under documents
guiding implementation of Ordinance for benefits for individuals serving the
Revolution;
b) Entities under Point b, Point c of this Clause shall be
eligible for 60% rent reduction; in respect of poor and near-poor households, this
reduction applies to the whole household (instead of individual household
member).
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1. Procedures for leasing social housing funded by the
Government using public investment:
a) Individuals wishing to rent social housing funded by the
Government using public investment shall submit application to provincial
housing authorities or local decentralized housing management entities. The
application consists of Form No. 1 under Appendix II attached hereto,
documentation proof of eligibility in accordance with guidelines of the
Minister of Construction, Minister of National Defense, Minister of Public
Security, and documentation proof of eligibility for rent reduction, exemption
(if any).
Where entities under Clause 5 Article 76 of Housing Law are
not working under employment contracts, eligibility confirmation issued by
commune-level People’s Committees using form provided by the Minister of
Construction shall be required. Entities under Clause 10 Article 76 of Housing
Law shall be required to acquire eligibility confirmation of district-level
People’s Committees of administrative divisions where they are subject to land
expropriation, premise preparation, house demolition using form provided by the
Minister of Construction.
b) Agencies receiving the application have the
responsibility to examine and categorize the applications; where the
application is inadequate, the receiving agencies must immediately respond to
enable the applicants to revise the applications. Housing management entities
that receive the applications shall submit list of individuals eligible to rent
and legitimate documents to housing authorities for examination after examining
and categorizing the applications;
c) On the basis of the list of individuals eligible to rent
and legitimate documents, housing authorities shall submit list of persons
allowed to rent social housing and request to ownership representative
agencies.
Where total number of legitimate applications is equal to
lower than total number of social housing for lease, individuals named under
list of individuals eligible for rent shall also be named under list of individuals
allowed to rent.
Where total number of legitimate applications are greater
than total number of social housing for lease, individuals allowed to rent
shall be determined and approved via lottery (online or in-person) implemented
by provincial housing authorities or housing management entities. where housing
management entities implement the lottery, provincial housing authorities shall
supervise the process. The lottery results must be recorded in writing.
Where priority eligible entities under Point dd Clause 1
Article 79 of Housing Law are present in the projects, a specific percentage of
these entities shall be allowed to rent social housing without going through
the lottery process. Number of social housing leased to these entities (not via
lottery) shall be determined by total number of applications submitted by all
priority entities divided by total number of applications submitted multiplied
by total number of social housing for lease. List of priority entities shall be
arranged in order to submission. Social housing shall be leased to all listed priority
entities in listing order. Social housing shall be leased to other entities via
lottery.
d) On the basis of reports submitted by housing authorities,
ownership representative agencies shall consider, issue, and send decision
approving list of individuals allowed to rent social housing to housing
management entities for signing lease contracts with tenants;
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e) Depending on local conditions, provincial People's
Committees may prescribe priority in renting social housing funded by the
Government using public investment in their jurisdiction.
2. Procedures for leasing social housing funded by union
funding:
a) Workers and employees eligible for social housing support
policies shall submit application for renting social housing funded by the Vietnam
General Confederation of Labor using union funding to organizations assigned to
manage and operate houses of Vietnam General Confederation of Labor or
provincial Confederation of Labor. The application consists Form No. 1 under
Appendix II attached hereto and documentation proof of eligibility as per the
law;
b) Agencies receiving the application have the
responsibility to examine and categorize the applications; where the
application is inadequate, the receiving agencies must immediately respond to
enable the applicants to revise the applications. Where provincial
Confederation of Labor receives the application, the provincial Confederation
of Labor shall draft and send list of individuals eligible to rent social
housing and legitimate documents to organizations assigned to manage, operate
houses of the Vietnam General Confederation of Labor.
Where total number of legitimate applications is equal to
lower than total number of social housing for lease, individuals named under
list of individuals eligible for rent shall also be named under list of
individuals allowed to rent.
Where total number of legitimate applications is greater
than total number of social housing for lease, individuals ed to rent shall be
determined and approved via in-person lottery implemented by authorities
managing houses of the Vietnam General Confederation of Labor. The lottery
results must be recorded in writing. Where priority eligible entities under
Point dd Clause 1 Article 79 of Housing Law and union members are present in
the projects, they may rent social housing without going through the lottery
process.
c) On the basis of list of individuals eligible to rent
social housing and legitimate documents, organizations managing, operating
houses of the Vietnam General Confederation of Labor shall review and sign
lease contracts with ed to rent;
d) Time limit for processing social housing lease shall not
be longer than 10 days from the date on which organizations managing, operating
houses of the Vietnam General Confederation of Labor receive adequate
applications.
3. Procedures for lease-purchasing social housing funded by
the Government using public investment:
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Where entities under Clause 5 Article 76 of Housing Law are
not working under employment contracts, eligibility confirmation issued by
commune-level People’s Committees using form provided by the Minister of
Construction shall be required. Entities under Clause 10 Article 76 of Housing
Law shall be required to acquire eligibility confirmation of district-level
People’s Committees of administrative divisions where they are subject to land
expropriation, premise preparation, house demolition using form provided by the
Minister of Construction.
b) Procedures for lease-purchasing
social housing shall conform to Points b, c, d, and dd Clause 1 of this
Article.
1. Procedures for selling social housing:
a) After 30 days from the date on which project construction
is commenced, project developers of social housing investment projects have the
responsibility to provide project-related information (project name; project
developers; construction location; contact address, submission address; project
schedule; project size; number of dwelling units (including: number of dwelling
units for sale; dwelling unit area; selling price (estimates) for individual
dwelling unit type); application time limit, and other relevant details) which
will be publicly posted on website of Departments of Transport, district-level
People’s Committees of administrative divisions where relevant projects are
located, posted at least once under newspaper of press authority of local government,
publicly posted at real estate trading centers of project developers (if any)
in order to inform the general public and monitor, supervise;
b) Prior to proceeding with procedures for selling, project
developers of social housing investment projects have the responsibility to
file reports on total number of dwelling units expected to be sold, expected
initial application submission date, expected initial selling date to
Departments of Construction of administrative divisions where the projects are
located to enable the Departments of Construction to examine and publicly post
on their website within 30 days from the date on which the project developers
start to accept application for purchase of project housing;
c) On the basis of information on social housing projects in
the area that has been publicly posted in accordance with Clause 1 of this
Article; households and individuals shall submit application for social housing
purpose to project developers in person. The application consists of Form No. 1
under Appendix II attached hereto, documentation proof of eligibility for
social housing support policies as per the law.
Where entities under Clause 5 Article 76 of Housing Law are
not working under employment contracts, eligibility confirmation issued by
commune-level People’s Committees using form provided by the Minister of
Construction shall be required. Entities under Clause 10 Article 76 of Housing
Law shall be required to acquire eligibility confirmation of district-level
People’s Committees of administrative divisions where they are subject to land
expropriation, premise preparation, house demolition using form provided by the
Minister of Construction.
d) After receiving adequate applications, project developers
of social housing investment projects have the responsibility to review
individual applications, cross-examine against regulations on eligibility,
eligible entities under Article 76 and Article 78 of Housing Law, document
forms provided by the Minister of Construction, Minister of National Defense,
and Minister of Public Security and prepare list of individuals allowed to
purchase social housing in projects that they act as project developers.
Where applicants have submitted adequate application for
social housing purchase to project developers and where no remaining housing
fund is available, project developers have the responsibility specify reason
and return the applications (including documentation proof of eligibility and
eligible entities for social housing purchase submitted by the applicants).
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While accepting submission of application for social housing
purchase, project developers of social housing investment projects have the
responsibility to publicly post list of sold dwelling units (signed lease
contracts), list of remaining dwelling units at locations where applicants
submit their application, headquarters of project developers, and real estate
trading centers of project developers (if any) to inform the general public.
dd) Project developers of social housing investment projects
have the responsibility to send list of entities to be prioritized for social
housing purchase in accordance with Clause 2 of this Article to Departments of
Construction of administrative divisions where the projects are located in
order to enable the Departments of Construction to examine and verify entities
eligible to purchase social housing and eliminate cases where applicants have
purchased or lease-purchased social housing, received housing support provided
by the Government in any shape or form in provinces, central-affiliated cities
where relevant social housing projects are located. Competent authorities
entitled to issue certificate of land use right, ownership of property attached
to land in administrative divisions where relevant social housing investment
projects are located have the responsibility to cooperate with Departments of
Transport of administrative divisions where projects are located in inspecting
information within their powers and assuming responsibility for inspection
results. Upon receiving application or inspecting eligibility, project
developers are not required to be in possession of selling price inspection
results of competent authorities.
Where entities expected to purchase social housing according
to list prepared by project developers have purchased, lease-purchased social
housing or have received housing support provided by the Government in any
shape or form in provinces, central-affiliated cities where relevant social
housing investment projects are located or have owned houses but have not met
requirements under Clause 2 Article 29 hereof, Departments of Transport have
the responsibility to notify the project developers in writing to remove these
entities from list of entities allowed to purchase social housing.
Where Departments of Construction do not respond within 20
days from the date on which they receive the list, project developers shall
inform entities allowed to purchase social housing in their projects to
negotiate and sign contracts.
Where individuals that meet requirements and have been
included in list of buyers of social housing in the project no longer wish to
purchase social housing, project developers shall return their applications
(including documentation proof of eligibility and eligible entities for social
housing purchase) to the applicants.
e) Each household, individual that wishes to purchase social
housing shall only submit application at one project. Where no remaining
housing fund is available, project developers shall specify reasons and return
application to allow applicants to submit at other projects.
Buyers of social housing shall pay project developers
directly or via bank according to negotiation between project developers and
the buyers.
g) Project developers shall only sign social housing
purchase contracts with customers where requirements in accordance with
regulations of the law on housing are met and selling price has been inspected,
approved as per the law.
After signing social housing purchase contracts, project
developers have the responsibility to send list of entities (including
household members) that have purchased social housing to Departments of
Construction of administrative divisions where projects are located to enable
Departments of Construction to publicly post within 30 days from the date on
which they receive the list and keep a copy for management and inspection. Departments
of Construction have the responsibility to update list of entities allowed to
purchase social housing on their website in accordance with Article 44 hereof
and send this list to the Ministry of Construction (hard copy and soft copy)
for monitoring. Project developers have the responsibility to publicize this
list at their headquarters and at real estate trading centers or their social
housing website (if any).
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Where total number of adequate applications for purchase,
lease-purchase, rent is greater than the number of dwelling units declared by
project developers for individual product type, approval and selection of
eligible entities shall be implemented via lottery (in-person or online)
organized by project developers and attended by representatives of local Departments
of Transport. The lottery results must be recorded in writing.
Where priority eligible entities under Point dd Clause 1
Article 79 of Housing Law are present in the projects, a specific percentage of
these entities shall be allowed to rent social housing without going through
the lottery process. Number of dwelling units (houses) reserved for these
priority eligible entities (without lottery) shall be determined by ratio
between total number of applications submitted by priority eligible entities to
total number of applications submitted multiplied by total number of social
housing in the projects. List of priority entities shall be arranged in order
to submission. Social housing shall be leased to all listed priority entities
in listing order. Social housing shall be leased to other entities via lottery.
3. Procedures for lease-purchasing social housing shall conform to Clause 1
and Clause 2 of this Article.
4. Procedures for leasing social
housing shall conform to Clause 1 of this Article and shall not require
documentation proof of housing and income eligibility. For the purpose of renting social
housing of public property, tenants shall submit documentation proof of
eligibility for reduction and exemption of social housing rent (if any).
Where entities allowed to rent social housing is currently
renting other social housing, Departments of Transport have the responsibility
to inform project developers in writing to remove said entities from list of
entities allowed to rent social housing.
Procedures for re-selling social housing within 5 years in
accordance with Point dd Clause 1 Article 89 of the Housing Law:
1. Where social housing is re-sold to project developers,
the seller shall settle the contract with the project developers. Re-selling of
social housing shall conform to Clause 1 Article 89 of the Housing Law, real
estate trading laws, and land laws.
2. Procedures for re-selling social housing to other
entities eligible to purchase, lease-purchase social housing:
a) The buyer must be in possession of documentation proof of
eligibility and eligible entities in accordance with instructions of the
Minister of Construction, the Minister of National Defense, and the Minister of
Public Security and shall submit application to local Departments of
Construction of administrative divisions where relevant projects are located to
verify eligibility and eligible entities in accordance with Point dd Clause 1
Article 38 hereof;
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Procedures for re-selling social housing after 5 years in
accordance with Point e Clause 1 Article 89 of Housing Law:
1. The Seller is already in possession of certificate of
land use right, ownership of property attached to land.
2. Re-selling process shall conform to real estate trading
laws and land laws.
Payment of land levy of project developers upon re-selling
social housing that has been leased for more than 10 years under Clause 9
Article 88 of Housing Law shall conform to land laws.
Payment of land levy upon re-selling social housing that is
single-family houses after 5 years under Point e Clause 1 Article 89 of Housing
Law shall also include 50% of land levy in accordance with land laws in
addition to amounts payable. Calculation of land levy shall be started from the
date on which adequate applications for recognition of land use right is
submitted in accordance with land laws.
Procedures for leasing social housing funded by individuals:
1. Individuals funding social housing construction have the
responsibility to report to commune-level People’s Committees of administrative
divisions where social housing is built in writing regarding location of
construction; construction schedule; size, quantity of dwelling units,
including: Number of dwelling units for lease; initial time for lease to enable
commune-level People’s Committees to publicly post information at headquarters
of commune-level, ward-level government to inform the general public and
implement monitoring.
2. On the basis of information on local social housing
publicly posted as per the law; individuals wishing to rent social housing
shall submit written verification of social housing support beneficiaries in
accordance with guidelines of the Minister of Construction, Minister of
National Defense, and Minister of Public Security to individuals funding social
housing construction.
3. After collecting adequate applications submitted by
applicants, individuals funding social housing construction shall sign lease
contracts with tenants. Send list of entities renting social housing to
commune-level People’s Committees for management and inspection
(post-inspection).
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2. Updated information:
a) Full name;
b) ID Card/identification number;
c) Permanent/temporary residence registration;
d) Household members;
dd) Name of social housing investment projects.
3. Where individuals that wish to purchase, lease-purchase,
rent social housing have entered into contracts with project developers fall
under cases where contract termination is required, the project developers have
the responsibility to report to Departments of Construction to update list of
entities allowed to purchase, lease-purchase, rent social housing on their
website and website of the Ministry of Construction.
4. Where data and information on entities allowed to
purchase, lease-purchase, rent social housing is not available on website of
the Ministry of Construction, Departments of Transport shall publicly post this
list on their website and send this list to the Ministry of Construction (hard
copy and soft copy) of which contents are compliant with Clause 2 of this
Article.
Rights, obligations, and responsibilities of the seller,
landlord and the buyer, tenant of social housing shall conform to civil laws,
housing laws, and specified under social housing purchase, lease-purchase, rent
contracts and include:
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a) shall strictly adhere to clauses under social housing
purchase, lease-purchase, rent contracts;
b) may terminate social housing purchase, lease-purchase,
rent contracts in accordance with terms of the contracts;
c) establish apartment building administration boards and
develop regulations on apartment building management and operation in
accordance with guidelines of the Minister of Construction for social housing
that is apartment buildings;
d) recover leased social housing upon termination of rent
contracts as long as the landlord notifies the tenant at least 1 month in
advance, pays deposit and rent paid in advance (if any) in accordance with rent
contracts;
dd) collect service fees related to social housing
management and use in accordance with signed contracts and regulations on
apartment building management and operation in case of social housing that is
apartment buildings;
e) comply with decision of competent authorities pertaining
to actions against violations and settlement of disputes, complaints related to
sale, lease-purchase, lease of social housing;
g) exercise other rights and obligations as per the law.
2. The buyer, tenant of social housing:
a) may terminate social housing purchase, lease-purchase,
rent contracts in accordance with terms of the contracts;
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c) comply with decision of competent authorities pertaining
to actions against violations and resolution of conflicts, disputes related to
purchase, lease-purchase, rent of social housing and exercise other rights and
obligations as per the law;
d) return rented social housing to the landlord in
accordance with rent contracts; where the tenants unilaterally terminate the
contracts prematurely, notify the landlord at least 1 month in advance; where
the tenants have paid rent for the entirety of contract term, receive rent corresponding
to the remainder of rent duration and deposit (if any) except for unilateral
contract termination caused by violation of a party in which case deposit is
dealt with in accordance with the Civil Code; may purchase rented social
housing if the owners sell in accordance with this Decree and relevant housing
laws; refrain from maintaining, renovating rented property, using rented
property for other purposes, subletting or lending property; refrain from transferring
rent contracts or swapping rented property with other people without consent of
the landlord;
dd) upon expiry of the contracts and where the tenants are
still eligible to rent social housing, the parties shall negotiate and renew
rent contracts; where the tenants wish to renew rent contracts and have not fallen
under cases where contract termination is warranted, the tenants may renew rent
contracts or extend rent contracts at least 3 months prior to expiry of
contracts;
e) pay landlord deposit in accordance with agreement between
the parties. This deposit must not be greater than the equivalent of 3 months'
worth of rent and must not be lower than 1 month’s worth of rent.
The parties may negotiate deposit higher than the value
specified under this Clause to a maximum of 50% of value of rented property. Where
the tenants pay deposit in accordance with this Clause, they shall benefit from
rent reduction or exemption from rent in a specified period agreed upon by the
parties.
In respect of entities under Clause 1, Clause 4, and Clause
11 Article 76 of Housing Law, deposit payment shall not be required for the
purpose of renting social housing.
Section 8. CONCESSIONAL LOANS GRANTED BY THE GOVERNMENT FOR
PURCHASE, LEASE-PURCHASE OF SOCIAL HOUSING; HOUSING CONSTRUCTION, RENOVATION,
REPAIR FOR IMPLEMENTATION OF SOCIAL HOUSING POLICIES
1. Where an entity is eligible for multiple concessional
loan policies for housing support, the entity shall be eligible for policies
with the highest value.
2. Where there are multiple beneficiaries of multiple
concessional loan policies in a household, the entire household shall be
eligible for one concessional loan policy.
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4. VBSP may mobilize saving deposits of households, domestic
individuals that wish to purchase, lease-purchase social housing, houses for
people’s armed forces to lend to these entities in accordance with Clause 1
Article 48 and Clause 1 Article 71 hereof after a definite period of deposit in
accordance with agreement with the VBSP.
1. Entities under Clause 1, Clause 2, and Clause 3 Article
76 of Housing Law shall be eligible for housing concessional loans for housing
construction , renovation, repair in accordance with specific regulations of
individual national target programs or housing public investment programs
decided by competent state authorities.
2. Eligibility for loans, loan amount, loan terms, loan
interest, debt settlement policies, loan security measures, loan term extension
shall conform to specific provisions under Decision approving corresponding
national target programs or housing public investment programs of competent
authorities.
1. Entities under Clause 1, Clause 4, Clause 5, Clause 6, Clause
7, and Clause 8 Article 76 of Housing Law shall satisfy all requirements below in
order to be eligible to apply for loans for social housing purchase,
lease-purchase:
a) The entities have income and sufficient solvency in
accordance with commitment made with the VBSP; and
b) The entities file application for loans for social housing
purchase, lease-purchase; and
c) The entities have entered into social housing purchase,
lease-purchase contracts with project developers in accordance with this Decree
and housing laws; and
d) The entities use property funded by the loans as
collateral as per the law. The VBSP, project developers, and loan applicants
shall specify means for management and handling of collateral under tripartite
contract.
2. Entities under Clause 1, Clause 2, Clause 3, Clause 4,
Clause 5, Clause 6, Clause 7, and Clause 8 Article 76 of Housing Law shall
satisfy all requirements below in order to be eligible for loans for housing
construction, renovation, repair:
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Commune-level People’s Committees shall verify eligibility
in accordance with Point a Clause 4 Article 110 of Housing Law using forms
compliant with instructions of the Minister of Construction; and
b) The entities have sufficient solvency according to
commitment with lending credit institutions; and
c) The entities have filed application for loans for housing
construction, renovation, repair; and
d) The entities are in possession of certificate of land use
right, property ownership for property attached to land in respect of houses to
be built, renovated, and repaired; and
dd) The entities have prepared cost calculation and
construction permit for cases where such items are required in accordance with
construction laws. In case of term construction permit, borrowers shall be
eligible for loans the term of which is appropriate to useful life of
structures; and
e) The entities have implemented loan security interests
equal to use value of residential land and property attached to residential
land or other property as per the law.
3. Loan limit:
a) Maximum limit of loans for social
housing purchase, lease-purchase shall equal 80% the value of house purchase,
lease-purchase contracts;
b) Maximum limit of loans for
housing construction, renovation, repair shall equal 70% the value of estimated
value or capital use plans to a maximum of 1 billion VND taking into account
construction investment rate, housing construction unit price of competent
authorities and shall not exceed 70% the value of loan collateral.
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5. Loan term: Loan term shall be
discussed by lending banks and the borrowers in accordance with solvency of the
borrowers to a maximum of 25 years from the date on which the first loan
installment is disbursed.
6. Entities under Clause 2, Clause 3
Article 76 of Housing Law allowed to purchase, lease-purchase social housing in
accordance with Clause 1 Article 77 of Housing Law shall be eligible for
concessional loans in accordance with Clause 1, Clause 3, Clause 4, and Clause
5 of this Article.
1. Entities eligible for
concessional loans for purchase, lease-purchase of social housing; housing
construction, renovation, repair granted by Government-designated credit
institutions shall be those specified under Clause 1, Clause 4, Clause 5,
Clause 6, Clause 7, and Clause 8 Article 76 and Point a Clause 3 Article 78 of
Housing Law.
2. Government-designated credit
institutions shall grant loans to entities under Clause 1 of this Article in
accordance with documents approved by the Government and the Prime Minister.
Section 9. FUNDING SOURCES OF CONCESSIONAL LOANS, MANAGEMENT
AND USE THEREOF FOR IMPLEMENTATION OF SOCIAL HOUSING POLICIES
1. Funding sources of concessional
loans granted via VBSP:
a) The state budget shall provide
100% funding, cover interest rate differences and management costs in
medium-term and annual public investment plans for VBSP as per the law for the
purpose of granting loans to entities under Article 25, Article 26, Clause 1
Article 47, and Clause 3 Article 71 hereof;
b) The state budget shall allocate
50% of funding from medium-term and annual public investment plans while the
VBSP satisfies the remaining 50% via mobilized capital; the state budget shall
cover interest rate differences and management costs for VBSP as per the the
law for the purpose of granting loans to entities under Clause 5 Article 77 of
Housing Law;
c) Trust funds from local housing development funds (if
any), annual funding from local government budget, capital derived from housing
bond and government bonds and other legitimate sources as per the law decided
by the provincial People’s Councils (for provincial government budget),
district-level People’s Councils (for district government budget) for
implementation of local social housing targets and plans.
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a) Funding sources provided by issuance of Government-backed
bonds and other legitimate funding sources as per the law for loans for social
housing in accordance with Clause 6 Article 25 hereof. The Government shall not
cover differences in interest rate and management costs.
b) Funding sources allocated from government budget for the
purpose of granting loans for social housing in accordance with loan programs
of the Government and the Prime Minister from time to time. The Government
shall cover differences in interest rate and management costs.
3. Funding sources provided by state budget:
On the basis of provincial housing development programs and
plans from time to time approved by competent authorities, provincial People’s
Committees shall develop medium-term and annual public investment plans which
enable the state budget to provide funding for provinces and central-affiliated
cities to cover interest rate differences and allow project developers of
social housing, worker housing in industrial parks, houses for people's armed
forces, and loan applicants for housing construction, renovation, and repair
for lease in accordance with this Decree to apply for concessional loans at
credit institutions. Concessional interest rate shall be decided by the Prime
Minister at request of the Ministry of Finance from time to time.
4. Funding
sources for concessional loans granted by credit institutions:
a) Government-designated credit institutions shall grant
loans in accordance with credit programs decided by the Government and Prime
Minister from time to time;
b) The Government shall on-lend ODA, foreign concessional
loans to credit institutions designated to grant loans for social housing in
accordance with this Decree;
c) Government bonds, municipal bonds.
1. Management of funding sources and use of funding for
concessional loans for social housing shall be implemented by VBSP or
Government-designated credit institutions.
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Section 10. MANAGEMENT, USE, OPERATION OF SOCIAL HOUSING OF
PUBLIC PROPERTY
1. Management, use, operation
of social housing of public property shall conform to regulations of the law on
management and use of public property housing, including:
a) Housing authorities,
responsibilities of housing authorities;
b) Housing management entities and
responsibilities of housing management entities;
c) Management of revenues generated
by housing lease, lease-purchase and sale;
d) Management, use, operation of housing of public property;
dd) Procedures for repossessing and forcibly repossessing
houses of public property.
2. Where
social housing investment is necessary, ownership representative agencies of
houses of public property may file schemes for sale of currently leased social
housing compliant with Article 53 hereof.
Procedures for developing, inspecting, approving schemes for
sale of currently leased social housing of public property shall conform to
Article 54 hereof.
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Schemes for sale of currently leased social housing of
public property consist of:
1. Address, number of houses.
2. Reasons for selling.
3. Selling price plans where
calculation is adequate, correct, preserves investment, and prevents losses of
Government property.
4. Eligibility and entities eligible
for housing purchase.
5. Procedures for selling.
6. Payment methods; time limit for
implementation; estimated revenues.
7. Plans for reinvesting generated
revenues in other social housing projects.
Procedures for developing, approving schemes for sale of
currently leased social housing of public property in accordance with Clause 2
Article 125 of Housing Law shall conform to the following:
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2. Ownership representative agencies
shall send written request and the schemes to the Ministry of Construction for
inspection and reporting to the Prime Minister.
3. Where the Prime Minister
approves, ownership representative agencies shall approve the schemes and
arrange implementation in accordance with the schemes and written approval of
the Prime Minister.
4. Revenues generated by housing
sale shall be reinvested in social housing construction; ownership
representative agencies shall file reports on the use of these revenues to the
Ministry of Construction. Ministry of Construction has the responsibility to
examine the use of the revenues and report to the Prime Minister.
5. Where social housing of public
property assigned by the Ministry of Construction for management must have its
occupancy changed or sold in accordance with this Article, file written request
and documents in accordance with Clause 1 of this Article to the Prime Minister
for consideration and decision.
Section 11. FORCIBLE REPOSSESSION OF SOCIAL HOUSING NOT OF
PUBLIC PROPERTY
1. Forcible repossession of social housing shall be implemented
after 30 days from the date on which decision on repossession of social housing
issued by provincial People’s Committees comes into force and where owners of repossessed
property do not comply.
Decision on forcible repossession of social housing shall be
promulgated by provincial People’s Committees, sent to persons subject to the
forcible repossession, publicly posted at headquarters of commune-level
People’s Committees and community spaces of residential areas where repossessed
houses are located.
2. Within 10 days from the date on which decision on
forcible repossession of houses is issued, Chairpersons of provincial People's
Committees shall, at their discretion or by authorizing district-level People’s
Committees, establish board for forcible repossession of social housing, the
composition of which consists of: Chairpersons or Vice Chairpersons of
provincial or district-level People’s Committees act as directors;
representatives of inspecting bodies, construction authorities, judicial
authorities, natural resource and environment authorities; project developers,
representatives of administration boards, and other members decided by
Chairpersons of provincial or district-level People’s Committees.
3. The board for forcible repossession of social housing
shall encourage, persuade, and negotiate with persons subject to forcible repossession
in 10 days. Where persons subject to forcible repossession comply with decision
on forcible repossession, the board for forcible repossession shall file record
of compliance. Delivery of social housing shall be implemented within 30 days
from the date on which record is filed.
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4. The board has the right to request persons subject to
forcible repossession and relevant persons to leave houses subject to forcible repossession
and remove property from houses subject to forcible repossession at their discretion
or remove persons subject to forcible repossession, relevant persons, and
property from houses subject to forcible repossession.
5. The board shall request representatives of district-level
Committee of Vietnamese Fatherland Front to oversee the forcible repossession
process.
1. Provincial and district-level
People’s Committees have the responsibility to arrange implementation of
forcible repossession, resolution of complaints relating to forcible repossession
in accordance with complaint laws; provide necessary equipment and means for
forcible repossession; allocate expenditure on forcibly repossessing social
housing.
2. Board for forcible repossession
of social housing has the responsibility to take charge of developing and
submitting forcible repossession plans and forcible repossession expenditure
estimates to provincial or district-level People’s Committees; transfer social
housing to developers of social housing projects or the authorities to
accommodate eligible entities as per the law.
3. Police forces have the responsibility
to maintain security and safety throughout implementation of forcible
repossession.
4. Commune-level People’s Committees
of administrative divisions where repossessed social housing is located have
the responsibility to cooperate with relevant agencies, entities in sending
decision on forcible repossession to persons subject to housing forcible
repossession and publicly posting the decision; cooperate with board for
forcible repossession of social housing in sealing and relocating property of
persons subject to forcible repossession.
5. Other relevant agencies,
organizations, and individuals have the responsibility to cooperate with board
for forcible repossession of social housing in implementing forcible
repossession at request of the board.
Chapter IV
REGARDING
WORKER HOUSING IN INDUSTRIAL PARKS
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a) Proposition; decision, approval of investment guidelines;
planning for worker housing shall be implemented together with industrial park
infrastructure investment projects in accordance with industrial park and
economic zone management laws, investment laws, and other relevant law
provisions;
b) Selection of project developers for worker housing
projects in industrial parks shall conform to housing laws. Where enterprises
engaged in industrial park infrastructure services invest in worker housing at
their discretion, the enterprises shall act as project developers of worker
housing investment projects. Where manufacturing enterprises, cooperatives, joint cooperatives in
industrial parks rent land or rent sublet land to facilitate worker housing
investment projects in industrial parks, the manufacturing enterprises,
cooperatives, joint cooperatives shall act as project developers;
c) Land allocation, land lease, and land repurposing shall
conform to land laws;
d) Procedures for developing, inspecting, and approving
projects shall conform to construction laws.
2. Stages of project implementation consists of surveying,
developing, inspecting, approving construction design, granting construction
permission, commencing construction, operating construction, and commissioning
construction completion in accordance with construction laws.
3. Project conclusion stage consists of delivery, settlement
of construction contracts, and other relevant procedures in accordance with
construction laws, housing laws, and other relevant law provisions.
1. In the process of planning for industrial park construction,
provincial People’s Committees have the responsibility to allocate at least 20%
of land fund for commercial, service operations in industrial parks for worker
housing unless provincial land use planning and plans, provincial housing
development programs, plans have allocated sufficient land fund to meet
accommodation demands for workers in the industrial parks.
2. Where industrial parks have been built without sufficient
worker housing and where land area for commercial, service operations satisfactory
to environmental safety requirements under Article 59 hereof is available,
enterprises engaged in industrial park infrastructure services may study and
request the provincial People’s Committees to partially reserve land area for commercial,
service operations to facilitate worker housing.
Worker housing in industrial parks shall satisfy
environmental safety requirements below:
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2. Worker housing shall have separate
walkways and gates from those of industrial parks. Separation distance between
gates and walkways shall satisfy fire prevention and firefighting laws.
3. Worker housing must be
physically separated from industrial manufacturing areas by walls and/or
fences.
4. Buffer plantings of which minimum width
is 10 m shall be required around worker housing area.
5. Environmental separation distance from
contaminating sources in industrial parks which are manufacturing facilities,
material, finished product, hazardous waste storage units, and other auxiliary
structures where non-civil wastes are produced must be maintained.
1. Where worker housing in industrial parks is built by
enterprises engaged in infrastructure services:
a) Enterprises engaged in infrastructure services or
authorized entities managing operation of worker housing have the
responsibility to lease to workers working in the industrial parks.
b) Workers wishing to rent shall
file Form No. 2 under Appendix II hereof and obtain verification of
manufacturing enterprises in industrial parks;
c) Where number of application for
rent of worker housing is greater than total number of worker housing
available, consideration and selection of eligible entities shall be
implemented via lottery arranged by project developers and overseen by
representatives of industrial park management boards and union bodies. The
lottery results must be recorded in writing;
d) Rental of worker housing shall be
recorded under lease contracts signed with entities managing operation of
worker housing;
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2. Where worker housing in industrial parks are invested by
manufacturing enterprises in industrial parks, workers shall file Form No. 2
under Appendix II attached hereto and comply with Point a, Point b, and Point d
Clause 1 of this Article.
1. Project developers shall, at their discretion or by
hiring, entrusting competent entities, to manage operation of worker housing.
2. Worker housing shall be leased to appropriate entities.
3. Occupancies of worker housing must not be changed without
permission.
4. Maintenance process shall conform to construction laws.
5. Entities managing operation of
worker housing shall develop and publicly post regulations on use of worker
housing to inform and require compliance of relevant entities, individuals.
6. Entities managing operation of worker housing have the
right to provide other services in vicinity of worker housing are not
prohibited by the laws in order to benefit from reduction to housing management
service costs.
7. Management of operation of worker housing shall be
eligible for benefits applicable to public services.
Chapter V
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Section 1. HOUSES FOR PEOPLE’S ARMED
FORCES FUNDED BY PUBLIC INVESTMENT
Determination of rental and lease-purchase
price of houses for people’s armed forces funded by the Government using public
investment shall conform to Article 31 hereof.
1. Procedures for leasing houses for people’s armed forces
funded by the Government using public investment:
a) Persons wishing to rent houses for people’s armed forces
shall submit application in-person to housing authorities designated by the
Ministry of National Defense or Ministry of Public Security or entities
managing housing operation designated by the Ministry of National Defense,
Ministry of Public Security. The application consists of Form No. 3 under
Appendix II attached hereto, documentation proof of eligibility to rent houses
for people’s armed forces and documentation proof of eligibility to benefit
from reduction, exemption to rent of houses for people’s armed forces (if any);
b) Housing authorities designated by the Ministry of
National Defense or Ministry of Public Security have the responsibility to
examine and classify applications; where applications are inadequate, respond
in writing to request applicants to submit additional documents. Housing
management entities that receive the applications shall submit list of
individuals eligible to rent and legitimate documents to housing authorities
designated by the Ministry of National Defense, Ministry of Public Security for
examination after inspecting and categorizing the applications;
c) Housing authorities designated by the Ministry of
National Defense, the Ministry of Public Security in consolidating and sending
list of expected tenants to local Departments of Construction to examine and
exclude persons who are expected to rent social housing or houses for people’s
armed forces;
d) Within 20 days from the date on which Departments of
Transport receive the list, where Departments of Transport do not respond,
housing authorities designated by the Ministry of National Defense, Ministry of
Public Security shall file list of persons allowed to rent houses of people’s
armed forces and written request to ownership representative agencies unless
assigned by ownership representative agencies to comply with Clause 3 Article
15 of Housing Law;
dd) Housing ownership representative agencies or housing
authorities assigned to comply with Clause 3 Article 15 of Housing Law shall
consider, issue, send decision approving list of persons allowed to rent to
entities managing housing operation to sign lease contracts with persons
allowed to rent.
Where total number of legitimate applications is equal to
lower than total number of houses for people’s armed forces for lease,
individuals named under list of individuals eligible for rent shall also be
named under list of individuals allowed to rent.
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e) Time limit for processing lease of houses for people’s
armed forces shall be 30 days from the date on which accepting entities receive
legitimate applications.
2. Procedures for lease-purchasing
houses for people’s armed forces funded by the Government using public
investment:
a) Persons wishing to lease-purchase
houses for people’s armed forces shall submit application to housing
authorities designated by the Ministry of National Defense, Ministry of Public
Security or entities managing housing operation assigned by the Ministry of
National Defense, Ministry of Public Security. The application consists of Form No. 3 under Appendix
II attached hereto, documentation proof of eligibility to lease-purchase houses
for people’s armed forces in accordance with housing laws;
b) Housing authorities designated by the Ministry of
National Defense or Ministry of Public Security have the responsibility to
examine and classify applications; where applications are inadequate, respond
in writing to request applicants to submit additional documents. Housing management entities that
receive the applications shall submit list of individuals eligible to
lease-purchase and legitimate documents to housing authorities designated by
the Ministry of National Defense, Ministry of Public Security for examination
after inspecting and categorizing the applications;
c) Housing authorities assigned by
the Ministry of National Defense, Ministry of Public Security have the responsibility
to consolidate and send list of expected house buyers to local Department of
Construction in order to arrange, cooperate with relevant agencies in excluding
cases where persons interested in lease-purchasing do not satisfy housing
eligibility under Point a Clause 1 Article 78 of Housing Law;
d) Preparation of list of expected
house buyers, decision approving the list, and time limit for processing the
lease-purchase shall conform to Point d, Point dd, and Point e Clause 1 of this
Article.
Section 2. MANAGEMENT, USE,
OPERATION OF HOUSES FOR PEOPLE’S ARMED FORCES OF PUBLIC PROPERTY
Management, use, operation of houses for people’s armed
forces of public property shall conform to Clause 1 Article 52 hereof.
1. Exemption, reduction to rent of houses for people’s armed
forces of public property shall conform to principles under Clause 1 Article 36
hereof.
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a) The entities sustain body injury of 31% or higher in the
performance of urgent or dangerous duties;
b) Household members served the war or are people with disabilities.
3. Entities under Clause 2 of this
Article shall benefit from 50% reduction to rent payable.
1. For
the purpose of investment in houses for people’s armed forces, ownership
representatives of houses of public property may develop schemes for sale of
currently leased houses for people’s armed forces the contents of which are
compliant with Article 53 hereof.
2. Procedures
for developing, inspecting, approving schemes for sale of currently leased
houses for people’s armed forces of public property shall conform to Clauses 1,
2, 3, and 4 Article 54 hereof.
3. Procedures for selling houses for
people’s armed forces of public property after the schemes have been approved
shall conform to Clause 2 Article 63 hereof.
Section 3. HOUSES FOR PEOPLE’S ARMED
FORCES NOT FUNDED BY PUBLIC INVESTMENT
1. Where the applicant is single, his/her net monthly income
shall not exceed total income of a colonel-ranking official (consisting of minimum
wages and allowances as per the law) verified by presiding agencies, entities.
2. Where the applicant has married:
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b) Where spouse of the applicant does not fall under Clause
7 Article 76 of Housing Law, their total net monthly income shall not exceed
1,5 times total income of a colonel-ranking official (consisting of minimum
wages and allowances as per the law) verified by presiding agencies, entities;
Where spouse of the applicant does not work under employment
contracts, commune-level People’s Committees shall verify income eligibility.
3. Income eligibility shall be determined
in the last year from the date on which application for purchase,
lease-purchase of houses for people’s armed forces.
1. Procedures for selling houses for
people’s armed forces:
a) Following construction
commencement, project developers of housing projects for people’s armed forces
have the responsibility to provide information related to the project (project
name; project development, construction location; contact address; project schedule;
project size; number of dwelling units (including: Number of dwelling units for
sale; dwelling unit area; selling price (estimates) of individual type of
dwelling units; starting date and ending date for application submission, and
other relevant information) to housing authorities designated by the Ministry
of National Defense, Ministry of Public Security; upload at least once on
newspapers that are press authorities of local government and publicly post at
real estate trading centers of project developers (if any) to enable entities
affiliated to people’s armed forces to apply;
b) Prior to selling houses for
people’s armed forces, project developers of housing projects for people’s
armed forces have the responsibility to send report on total number of dwelling
units to be sold, expected initial date of sale to housing authorities
designated by the Ministry of National Defense, Ministry of Public Security,
and local Departments of Construction. Publicly post at real estate trading
centers of project developers (if any) and website of local Departments of
Construction for at least 30 days from the first date on which application for
purchase of project houses is received;
c) On the basis of information
housing projects for people’s armed forces publicly posted in accordance with
Clause 1 of this Article; individuals wishing to purchase houses for people’s
armed forces shall submit Form No. 3 under Appendix II attached hereto and
documentation proof of eligibility to purchase houses for people’s armed forces
to housing authorities designated by the Ministry of National Defense, Ministry
of Public Security.
Housing authorities designated by
the Ministry of National Defense, Ministry of Public Security shall consolidate
and send list of expected buyers of houses for people’s armed forces and
documentation proof of eligible entities and eligibility as per the law to the
Ministry of National Defense, Ministry of Public Security.
d) On the basis of reports submitted
by housing authorities, the Ministry of National Defense and Ministry of Public
Security shall approve and send list of potential buyers of houses for people’s
armed forces to project developers and local Departments of Transport in order
to arrange, cooperate with relevant agencies in examining and excluding cases
where potential buyers of houses for people’s armed forces do not satisfy
housing eligibility in accordance with Point a Clause 1 Article 78 of Housing
Law.
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dd) Within 20 days from the date on
which Departments of Construction receive the list, where Departments of
Construction do not respond, project developers shall prepare and send list of
entities to be processed for purchase of houses for people’s armed forces in
accordance with principles under Clause 2 of this Article to the Ministry of
National Defense, Ministry of Public Security to inform and enable entities
allowed to purchase houses for people’s armed forces in their projects to
negotiate and sign contracts.
Where applicant that satisfies
eligibility, qualifies as eligible entities, has been included in list of
buyers of houses for people’s armed forces in the projects no longer wishes to
purchase houses for people’s armed forces, project developers shall consolidate
and send list of these applicants to the Ministry of National Defense, Ministry
of Public Security.
e) Project developers shall only
sign contracts for sale of houses for people’s armed forces with customers when
all requirements have been met in accordance with housing laws and when selling
price has been inspected, approved by competent authorities in accordance with
Article 35 hereof.
After signing contracts for sale of
houses for people’s armed forces, project developers have the responsibility to
prepare and send list of successful buyers (including household members) of
houses for people’s armed forces to housing authorities designated by the
Ministry of National Defense, Ministry of Public Security, and local
Departments of Construction for storage, management, and inspection. Meanwhile,
project developers have the responsibility to publicly post this list at their
headquarters and their real estate trading centers (if any).
2. Principles in approving entities
purchasing houses for people’s armed forces
a) Where total number of legitimate
applications is equal to or lower than number of dwelling units announced by
project developers, selection of dwelling units shall conform to negotiation
between project developers and customers;
b) Where total number of legitimate
applications is greater than number of dwelling units announced by project
developers, approval and selection of entities shall be implemented via lottery
arranged by project developers and overseen by representatives of housing
authorities designated by the Ministry of National Defense, Ministry of Public
Security, and local Departments of Construction. The lottery results must be
recorded in writing.
3. Procedures for lease-purchasing
houses for people’s armed forces shall conform to Clause 1 of this Article.
4. Procedures for leasing houses for
people’s armed forces shall conform to Clause 1 of this Article and shall not
require documentation proof of housing and income eligibility. Upon renting
houses for people’s armed forces of public property, tenants shall submit
documentation proof of eligibility for rent reduction, exemption of houses for
people’s armed forces (if any).
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a) Where houses for people’s armed forces are re-sold to
project developers, comply with Clause 1 Article 39 hereof;
b) Where houses for people’s armed forces are sold to other
entities eligible to purchase, lease-purchase houses for people’s armed forces,
the new buyers shall submit application and documentation proof of eligibility
to purchase houses for people’s armed forces to housing authorities designated
by the Ministry of National Defense, Ministry of Public Security, and local
Departments of Construction in order to verify eligibility and eligible
entities in accordance with Point c and Point d Clause 1 Article 68 hereof. The
seller must settle the contracts with the project developers (if any).
Re-selling shall conform to Clause 1 Article 109 of the
Housing Law, real estate trading laws, and land laws.
2. Procedures for re-selling houses for people’s armed
forces after 5 years shall conform to Article 40 hereof.
1. Within 15 days from the date on which local Departments
of Transport receive list of entities that have signed contracts for purchase,
lease-purchase, rent of houses for people’s armed forces in accordance with
Point e Clause 1 Article 68, the Departments of Transport have the
responsibility to update list of entities eligible to purchase, lease-purchase,
rent houses for people’s armed forces on their website in accordance with
Clause 2 of this Article.
2. Updated information consists of:
a) Full name;
b) ID Card/identification number;
c) Permanent residence address;
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dd) Name of housing investment
project for people’s armed forces.
3. Where persons that wish to purchase, lease-purchase, rent
houses for people’s armed forces and have entered into contracts with project
developers fall under cases where contract termination is warranted, project
developers have the responsibility to report to housing authorities designated
by the Ministry of National Defense, Ministry of Public Security, and local
Departments of Transport to update list of entities eligible to purchase,
lease-purchase, rent houses for people’s armed forces.
1. Application for concessional loans for purchase,
lease-purchase of houses for people’s armed forces at VBSP shall conform to
Clauses 1, 3, 4, and 5 Article 48 hereof.
2. Application for concessional loans for purchase,
lease-purchase of houses for people’s armed forces at Government-designated
credit institutions shall conform to Article 49 hereof.
3. Application for concessional loans submitted by project
developers for housing projects for people’s armed forces not funded by public
investment shall conform to Article 25 hereof.
Chapter VI
ORGANIZING IMPLEMENTATION
1. Exercise duties specified under Housing Law and this
Decree.
2. Promulgate regulations on management of operation of
social housing, houses for people’s armed forces in form of apartment
buildings.
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4. Exercise other duties and powers as per the law.
1. The Ministry of National Defense and Ministry of Public
Security have the responsibility to:
a) take charge of promulgating and guiding forms of
documentation proof of eligibility for support policies for houses for people's
armed forces, support policies for social housing under their jurisdiction;
b) take charge, cooperate with provincial People’s
Committees in determining housing demands for people’s armed forces under their
management and incorporating this demand in local housing development plan;
c) take charge promulgating, guiding compliance with
requirements in respect of housing investment projects for people’s armed
forces under their management and ensure compliance with Housing Law and this
Decree;
d) cooperate with ministries, central departments in
reporting difficulties, issues in implementation of housing investment projects
for people’s armed forces under their management to competent authorities;
dd) arrange inspection, examination, supervision, and
actions against violations relating to sale, lease-purchase, lease of houses
for people’s armed forces under their management;
e) assume responsibility for approval of list of applicants
for purchase, lease-purchase, lease of houses for people’s armed forces sent to
project developers of housing projects for people’s armed forces and assurance
of eligibility and eligible entities in accordance with housing laws.
2. The
Ministry of Finance has the responsibility to
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3. Ministry
of Environment and Natural Resources has the responsibility to:
Take charge of guiding local government to develop land use
planning, allocate land fund for implementation of social housing investment
projects, housing investment projects for people’s armed forces.
4. State Bank of Vietnam has the responsibility to
Rely on credit programs decided by the Government and Prime
Minister from time to time, assign credit institutions to grant loans to
support social housing, worker housing in industrial parks, houses for people's
armed forces.
5. VBSP
and BIDV have the responsibility to:
a) manage and use funding, grant loans to borrowers
compliant with eligibility specified under this Decree;
b) cooperate with ministries and central governments in reporting
difficulties, issues during implementation of concessional loans for social
housing.
6. Relevant ministries and central departments have the
responsibility to study and promulgate or request competent authorities to
promulgate amendments to regulations, policies related to social housing
development and management under this Decree.
1. Manage and use union funding for implementation of social
housing development and management policies for lease in accordance with
Housing Law and this Decree.
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3. Cooperate with ministries, central departments in reporting
difficulties, issues in implementation of social housing investment projects
under their jurisdiction to competent authorities.
4. Arrange inspection, supervision and propose actions
against violations relating to lease of social housing under social housing
investment projects within their jurisdiction.
1. Arrange and coordinate inspection, survey, consolidation
of demands in order to develop, amend annual, medium-term, long-term social
housing programs, plans, investment in their jurisdiction; direct and assign
local enterprises, cooperate with the Ministry of Construction, Ministry of
National Defense, and Ministry of Public Security in assigning affiliated
state-owned enterprises to develop social housing, houses for people’s armed
forces in accordance with this Decree.
2. Review, amend, add more land fund for social housing
development (including land fund for development of houses for people’s armed
forces) in zone planning, detail planning.
3. Expropriate 20% of land fund for social housing in
commercial housing, urban investment projects in accordance with the Law on
Housing No. 65/2014/QH13 where project developers fail to use this land fund or
are behind on land use schedule specified under investment projects which
warrants land expropriation in accordance with land laws and assign to project
developers wishing to implement social housing investment projects. Land
expropriation process shall conform to land laws.
4. Expropriate 20% of land fund in accordance with land laws
where project developers of commercial housing investment projects that are
required to reserve land fund for social housing investment fail to implement
construction in a manner compliant with construction schedule specified under
investment projects.
5. Coordinate development, inspection, decision of
investment guidelines or approval for social housing investment projects funded
by public investment within their powers; inspect and approve investment
guidelines of social housing investment projects not funded by public
investment within their powers.
6. Elaborate and publicly post standards, eligibility,
eligible entities for purchase, rent, lease-purchase of social housing in their
jurisdiction in accordance with local conditions.
7. Oversee and closely monitor sale, rent, lease-purchase of
social housing.
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9. Direct affiliated authorities to assess selling price,
lease-purchase price of social housing, houses for people’s armed forces in
their jurisdiction. Manage and closely monitor sale, lease-purchase, and lease.
10. Promulgate management service prices for housing
operation applicable to social housing investment projects, housing investment
projects for people’s armed forces in their jurisdiction.
11. Cooperate with the Ministry of National Defense and
Ministry of Public Security in determining, consolidating demands for houses
for people’s armed forces in their jurisdiction during development of local
housing development plans; allocate land fund from local land fund for social
housing development to accommodate housing development for people’s armed
forces.
12. Implement policies and regulations pertaining to development,
management of social housing, houses for people’s armed forces, and worker
housing in industrial parks; promulgate specific provisions pertaining to
additional incentive policies of local government to encourage all types of
ownership to invest in social housing, houses for people’s armed forces, worker
housing in industrial parks in their jurisdiction; assist project developers of
social housing investment projects, housing investment projects for people’s
armed forces, worker housing investment projects in industrial parks in
connecting project technical infrastructure system with general infrastructure
system of the area.
13. Request local project developers of social housing
investment projects, housing investment projects for people’s armed forces,
worker housing investment projects in industrial parks to file reports on
project implementation to local housing authorities on a periodic basis;
arrange assessment, evaluation of local social housing development situations,
results on an annual or irregular basis and report to the Ministry of
Construction and Prime Minister.
14. Request Departments of Transport, Departments of Natural
Resources and Environment, governments of districts, communes, and other local
authorities to inspect, verify eligible entities, housing eligibility, income
eligibility, eligibility for concessional loans in accordance with this Decree;
closely cooperate with VBSP and credit institutions in resolving doubtful debt
and collateral to recover loans.
15. Take charge or cooperate with relevant ministries,
central departments in examining, inspecting, supervising, and taking actions
against violations in investment, construction, sale, lease, lease-purchase of
social housing, houses for people’s armed forces, and worker housing in
industrial parks in the area.
16. Cooperate with relevant
ministries, central departments in consolidating, reporting medium-term and
annual public investment plans to competent authorities, and allocate funding
from government budget to cover interest rate differences to enable project
developers of social housing investment projects to apply for concessional
loans at credit institutions in accordance with Clause 3 Article 50 hereof;
provide guidelines on covering interest rate differences for entities applying
for concessional loans at credit institutions in accordance with Clause 3
Article 50 hereof.
1. In respect of enterprises that are engaged in
manufacturing operations in industrial parks, on the basis of practical demands
for worker housing in industrial marks and land fund for commercial, service
operations of the industrial parks, the enterprises shall develop plans for
worker housing and reserve funding sources to invest in and lease worker
housing to their employees during employment period.
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Chapter VII
IMPLEMENTATION
1. This Decree comes into force from August 01, 2024.
2. The following regulations on social housing development
and management expire from the effective date hereof:
a) Decree No. 100/2015/ND-CP dated October 20, 2015 of the
Government;
b) Decree No. 49/2021/ND-CP dated April 1, 2021 of the
Government;
c) Article 6 and Clause 4 Article 16 of Decree No. 35/2023/ND-CP
dated June 20, 2023 of the Government;
d) Article 7 of Decree No. 104/2022/ND-CP dated December 21,
2022 of the Government.
3. The VBSP shall not grant loans to project developers of
social housing investment projects, housing projects for people’s armed forces,
individuals constructing, renovating, repairing houses for lease in accordance
with Article 25, Article 26, and Clause 3 Article 71 hereof for the period
until 2030.
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4. Ministers, heads of ministerial agencies, heads of
Governmental agencies, Chairpersons of People's Committees of provinces and
central-affiliated cities, and relevant agencies, organizations, individuals
shall be responsible for the implementation of this Decree.
1. In respect of social housing investment projects
implemented in built-transfer (BT) model in accordance with Decree No.
100/2015/ND-CP dated October 20, 2015 of the Government, transition thereof
shall conform to public-private partnerships investment laws.
2. In respect of commercial housing and urban investment
projects of which investment guidelines have been decided or approved after the
effective date of Decree No. 100/2015/ND-CP dated October 20, 2015 of the
Government, Decree No. 49/2021/ND-CP dated April 1, 2021 of the Government,
Decree No. 35/2023/ND-CP dated June 20, 2023 of the Government, project
developers shall exercise social housing-related obligations in accordance with
the aforementioned decrees. Adjustment to project schedule shall conform to
investment laws.
3. Where social investment
projects have had investment guidelines approved or decided by competent
authorities; project investment approved; investment projects approved before
the effective date of the Law on Housing No. 27/2023/QH15 dated November 27,
2023, project developers shall continue to benefit from investment incentives
detailed under written decision, approval. Where newer and higher investment
incentives are prescribed under the Law on Housing No. 27/2023/QH15 and this
Decree, the project developers shall be eligible for investment incentives
under the Law on Housing No. 27/2023/QH15 and this Decree for the remainder
incentive duration.
4. In respect of commercial housing investment projects
under 10 ha, where project developers have been approved to fulfill social
housing obligations in form of monetary payment before the effective date
hereof and have not made the payment as of the effective date hereof, the
project developers shall incur payment that is equivalent to land levy of 20%
of residential land area with invested technical infrastructure in accordance
with land laws and determined on the date on which competent authorities allow
the project developers in writing to fulfill social housing obligations in form
of monetary payment.
5. In respect of commercial housing and urban development
projects of which project developers have been selected before the effective
date hereof, where land fund for social housing construction has not been
reserved in accordance with land laws as of the date on which the projects have
their investment guidelines decided, approved, investment approved, project
approved and where the projects are retracted and assigned to other project
developers after the effective date hereof, project developers have the
responsibility to develop, amend planning to allocate additional residential
land fund in the projects to accommodate social housing in accordance with
Article 17 hereof.
6. Where social housing investment projects benefit from
incentives in accordance with Point b, Point c Clause 1 Article 9 of Decree No.
100/2015/ND-CP dated October 20, 2015 of the Government (amendment under Point
a Clause 8 Article 1 of Decree No. 49/2021/ND-CP dated April 1, 2021 of the
Government, Clause 2 and Clause 5 Article 6 of Decree No. 35/2023/ND-CP dated
June 20, 2023 of the Government), transfer of commercial business
establishments and commercial housing located in the area where the incentives
apply shall not require payment of previously reduced, exempted land levy to
the Government.
7. Where social housing investment projects have had
investment guidelines decided or approved, project investment approved, project
approved by competent authorities and benefit from one-time land levy, land
rents reduction and exemption granted by competent authorities before the
effective date of the Law on Housing No. 27/2023/QH15 dated November 27, 2023,
applicable incentives, land rents, and land levy that have been previously
determined in a law-compliant manner shall not be determined again.
8. Project
developers of social housing investment projects not funded by funding sources
or means under Clause 1 Article 53 of Law on Housing No. 65/2014/QH13 amended
by Point b Clause 6 Article 99 of the Law on Public-Private Partnerships
Investment No. 64/2020/QH14 for lease, lease-purchase, or sale shall be
exempted from land levy and land rents in accordance with Point a Clause 2
Article 85 of the Law on Housing No. 27/2023/QH15 dated November 27, 2023.
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9. Where
social housing investment projects are in project developer selection phase in
accordance with Decree No. 49/2021/ND-CP dated April 1, 2021 of the Government
and where written selection of project developers have not been promulgated in
accordance with Decree No. 49/2021/ND-CP before the effective date hereof,
provisions under Decree No. 49/2021/ND-CP shall prevail.
10. In respect of social housing sale where land levy must be
paid in accordance with Decree No. 100/2015/ND-CP dated October 20, 2015 of the
Government (amended by Decree No. 49/2021/ND-CP dated April 1, 2021 of the
Government) before the effective date hereof, where land levy has not been paid
as of the effective date hereof, payment shall conform to Decree No.
49/2021/ND-CP.
11. Where
application submission, examination, price inspection, contract signing,
purchase, lease-purchase, lease, re-selling of social housing which are
compliant with Decree No. 100/2015/ND-CP dated October 20, 2015 of the
Government (amended by Decree No. 49/2021/ND-CP dated April 1, 2021 of the
Government) before the effective date hereof have not been resolved as of the
effective date hereof, provisions under Decree No. 49/2021/ND-CP shall prevail.
12. Where 20% of total floor area of social housing in
social housing investment projects have been leased in accordance with Clause 2
Article 26 of Decree No. 100/2015/ND-CP dated October 20, 2015 of the
Government and where tenants wish to purchase the house that they are currently
renting before the 5-year mark, project developers may sell the house to the
tenants as long as eligibility and eligible entities according to this Decree
are met.
13. In respect of projects that are
undergoing investment guidelines approval process before the effective date
hereof, where detail project planning is not compliant with general planning
and zone planning, planning compliance shall be examined on the basis of
general planning, zone planning and land use coefficient or building density in
accordance with the Law on Housing No. 65/2014/QH13 and guiding documents.
14. In respect of loans of which credit contracts have been
signed with VBSP for purchase, lease-purchase of social housing, housing
construction, renovation, repair for residential purposes in accordance with
Article 16 of Decree No. 100/2015/ND-CP
dated October 20, 2015 of the Government (amended by Decree No. 49/2021/ND-CP
dated April 1, 2021 of the Government) before the effective date hereof,
interest rates specified under Clause 4 Article 48 hereof shall be applied to
actual principal and outstanding principal (if any)./.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha
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