|
MINISTRY OF CONSTRUCTION
-------
|
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No. 03/VBHN-BXD
|
Hanoi, June 24, 2021
|
DECREE
DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSING
The Government’s Decree No.
100/2015/ND-CP dated October 20, 2015 on development and management of social
housing is amended by:
The Government’s Decree
No. 49/2021/ND-CP dated April 01, 2021 amending some Articles of the
Government’s Decree No. 100/2015/ND-CP dated October 20, 2015 on development
and management of social housing.
Pursuant to the Law on
Government Organization dated December 25, 2001;
Pursuant to the Law on
Housing dated November 25, 2014;
Pursuant to the Law on
Housing dated November 25, 2014;
Pursuant to the Law on
Land dated November 29, 2013;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The Government hereby
promulgates a Decree on development and management of social housing.
Chapter
I
GENERAL
Article
1. Scope
1. This Decree elaborates
and provides guidelines for some Articles and Clauses on development and
management of social housing specified in the Law on Housing No. 65/2014/QH13
(hereinafter referred to as the “Law on Housing”).
2. Social housing
invested and built in the manners specified in Clause 1 Article 53 of the Law
on Housing shall be managed and used in accordance with the Decree providing
guidelines for the Law on Housing.
3. The entities that have
entered into commitment contracts or received capital according to regulations
of the Government on several solutions for resolving difficulties in business
operations, market assistance, bad debt settlement, and instructional documents
promulgated by competent authorities that are not regulated by this Decree.
4. [2] Investment
guidelines of projects on investment in social housing construction
(hereinafter referred to as “social housing projects”) shall be approved in
accordance with regulations of investment law.
5. [3] During the
appraisal for approving investment guidelines of social housing projects,
appraising authorities shall obtain opinions on the content mentioned in Clause
6 of this Article from housing authorities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Contents of appraisal
by housing authority provided for in Decrees providing guidelines for the Law
on Housing;
b) Selection of land for
social housing (for cases funded by public investment capital and non-public
investment state capital);
c) Assessment of
satisfaction of conditions and criteria for being investors in social housing
projects according to regulations of this Decree;
d) Type of housing and
standard area of social housing;
dd) Mechanisms and
policies supporting investors in social housing projects (compensation and land
clearance costs; financial assistance for investment in construction of
technical infrastructure and other assistance policies).
Article
2. Regulated entities
This Decree applies to:
1. Vietnamese and foreign
organizations and individuals from various economic sectors, Vietnamese
citizens residing abroad that invest in development of commercial housing;
invest in development of social housing for lease, for lease purchase, or for
sale according to the Law on Housing.
2. Households and
individuals that invest in construction of social housing for lease, for lease
purchase, or for sale according to the Law on Housing.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Regulatory bodies and
other organizations involved in development and management of social housing.
Article
3. Definitions
For the purposes of this
Decree, the terms below are construed as follows:
1. “households and
individuals” mean those whose names are written in the family register or
temporary residence register issued in accordance with the Law on Residence.
2. [5] “social housing in
industrial park” means social housing the construction of which is invested in
according to regulations of law on housing and social housing in order to meet
the need of a household or individual working in an industrial park.
3. “social housing for
lease” means social housing that is built to serve only the leasing purpose.
4. [6] “projects on
investment in social housing construction” include independent projects on
investment in social housing construction and projects on investment in social
housing construction using 20% of total residential land of projects on
investment in commercial housing construction (hereinafter referred to as
“commercial housing projects”) that is reserved for social housing construction
in case investors of such commercial housing projects do not invest in construction
of social housing.
5. [7] “low-income
person” means a worker of a regulatory body, unit or enterprise from any sector
or a freelance worker in an urban area whose income is not subject to frequent
payment of income tax according to regulations of law on housing and personal
income tax.
Chapter
II
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
4. Rules for determination of land area for social housing development
1. [8] In urban areas of special
class and classes I, II and III, during the process of developing, appraising,
and approving urban planning, rural development planning, planning for
industrial park development and planning for construction of higher education
institutions and vocational schools (excluding scientific research institutes
and public boarding general education schools for ethnic minorities in their
provinces), provincial People’s Committees shall, based on demand for social
housing in their provinces and approved housing development programs and plans,
provide sufficient land for social housing development, direct regulatory
bodies to determine the specific location and land area of each social housing
project to ensure uniformity in terms of technical infrastructure and social
infrastructure for social housing development.”
1a). [9] In urban areas
of classes IV and V, provincial People’s Committees shall, based on demand for
social housing in localities where approved commercial housing projects are
located or housing development programs and plans, request investors to
allocate a part of residential land of projects where technical infrastructure
has been invested in for social housing development.”
2. Land area, information
about the areas for social housing development must be publicly posted on the
web portal or the People’s Committee and housing authority of the province in
accordance with regulations of law on land and housing.
3. [10] The use of land
for social housing development must adhere to urban planning, land use planning
and plans and rural development planning approved by competent authorities and
the construction permit for cases requiring a construction permit issued by the
competent authority according to regulations of law on construction.
4. The repurposing of
adjacent garden land, and other agricultural land for social housing
development by organizations shall be decided by the People’s Committee of the
province; for land of households and individuals, the People’s Committees of
districts shall decide.
Article
5. Land for social housing development with regard to projects on investment in
commercial housing and metro area construction[11]
1. Projects on investment
in construction of commercial housing and urban areas (hereinafter referred to
as “commercial housing and urban area projects”) using land of 2 ha or more in
urban areas of special class and class I or 5 ha or more in urban areas of
classes II and III must allocate 20% of total land of detailed planning
projects approved by competent authorities where technical infrastructure has
been invested in to build social housing.
2. Investors in
commercial housing and urban area projects using less than 2 ha of land in
urban areas of special class and class I or less than 5 ha of land in urban
areas of classes II and III are not required to allocate 20% of total land and
shall pay land levy on all land used for their projects according to
regulations of law on land.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) identify location and
area of land from another area in its province to be allocated as replacement;
b) amend planning for 20%
land allocated for social housing construction at project site according to
regulations of law on planning and land and relevant regulations of law (if
any);
c) allocate and lease out
land and determine land levy on 20% land at project site according to
regulations of law on land and relevant law provisions; the levy collected must
be added to local government budget for investment in construction of social
housing in the province.
4. With regard to a
commercial housing project or urban area project the investor of which is
selected before this Decree comes into force but 20% land of which, which is
allocated for construction of social housing, has not been provided, if the
project is withdrawn as per the law and transferred to another investor after
this Decree comes into force, such investor shall develop or adjust the
planning to provide 20% land for social housing construction in accordance with
Clause 1 of this Article.
5. Where the State uses
20% land to build social housing with public investment capital or state
capital not allocated to public investment, investors of commercial housing and
metro area projects shall invest in synchronized technical infrastructure in
accordance with the planning approved by the competent authority before
transferring such 20% land to the State.
When the investor in a
commercial housing project or urban area project transfer 20% land to the State
for construction of social housing, an amount equal to the compensation for
land clearance per the plan approved by the competent authority for this 20%
land area (if any) shall be deducted from financial obligations (land levy and
land rents) of the investor.
Costs of investment in
technical infrastructure and other legitimate costs per the law that are
related to the 20% land transferred and paid by the investor shall be
reimbursed by state budget in compliance with regulations of law on state
budget.
6. If the State directly
invests in construction of social housing with central government budget, land
for such construction shall be provided as follows:
a) With regard to a
social housing project whose funding from central government budget makes up
50% of the total investment of the project or more, the People’s Committee of
the province where the project is located shall take charge and cooperate with
the Ministry of Construction in considering and deciding land for project
execution.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
6. Land for social housing development in industrial parks[12]
1. During the process of
formulating and approving industrial park construction planning, the authority
competent in approving the planning must identify the suitable land in the
locality for social housing and trade union institutions, ensuring uniformity
in terms of technical infrastructure and social infrastructure, to support
workers in such industrial park.
2. In case an industrial
park is under development, the provincial People's Committee shall direct and
organize land clearance and invest in construction of technical infrastructure
of social housing for workers in such industrial park in accordance with the
planning approved by the competent authority, and hand the land over to the
social housing project investor selected according to Article 8 of this Decree
to have the project executed. Compensation for and costs of land clearance and
investment in construction of technical infrastructure of the social housing
shall be partially or fully included in the prices for infrastructural services
of the industrial park.
3. If an industrial park
has been built but there are not enough housing for its workers, regulations on
planning for and provision of land for social housing construction in the
industrial park are as follows:
a) The provincial
People’s Committee shall formulate, appraise and approve or adjust the planning
to provide sufficient land for social housing development and organize land use
rights revocation, land clearance and compensation to hand the land over to the
social housing project investor selected per Article 8 of this Decree to have
the project executed. Cost of land clearing and compensation shall be covered
by land levy and land rents retained by the local government;
b) If an industrial park
has not used up its industrial land, the authority competent in adjusting the
industrial park construction planning to allocate the unused industrial land
for social housing and trade union institutions of service to the workers of
the industrial park according to regulations in Clause 9 Article 77 of the Law
on Investment No. 61/2020/QH14 dated June 17, 2020.”
Article
7. Types of housing and standard area of social housing
1. Types of housing and
standard area of social housing are specified below:
a)[13] If the social housing is an apartment building,
the apartments must be enclosed structures that are designed and built in
accordance with construction standards and regulations; the area of each
apartment shall be between 25 m2 and 70 m2 and
conformable with the construction planning approved by a competent authority.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Depending on local
conditions, the provincial People’s Committee may increase the maximum area of
an apartment by up to 10%; number of apartments whose floor area is over 70 m2 must
not exceed 10% of the total number of apartments of the social housing project.
b) If the social housing
is row housing with few stories, the area of each housing unit must not exceed
70 m2 and land use coefficient shall not exceed 2,0 according to the
construction planning approved by the competent authority.
2. (Annulled)[15]
Article
8. Procedures for selection of investors in social housing projects
1. [16] Investors in
social housing projects funded by public investment capital and state capital
not allocated to public investment shall be selected in accordance with
regulations of law on public investment and construction.
2. [17] Investors in
social housing projects not funded by public investment capital and state
capital not allocated to public investment shall be selected as follows:
a) For cases provided for
in Point a Clause 2 Article 57 of the Law on Housing, investors shall be
selected in accordance with regulations of law on bidding;
b) For cases provided for
in Point c Clause 2 Article 57 of the Law on Housing, investors shall be
selected in accordance with regulations of law on investment. Investors
applying to be investors of social housing projects must be licensed for real
estate trading according to regulations of law on real estate trading and
determined as investors in social housing projects in the written approval for
investment guidelines;
c) For cases provided for
in Point d Clause 2 Article 57 of the Law on Housing, investors shall be
selected in accordance with regulations of law on housing. Investors applying
to be investors in social housing projects must satisfy financial conditions
for project execution according to regulations of law on land and relevant
regulations of law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. (Annulled)[19]
5. The Ministry of
National Defense and the Ministry of Public Security are entitled to launch
social housing projects in accordance with this Decree to provide housing for
the entities specified in Clause 6 Article 49 of the Law on Housing, provided
each entity only receives one housing unit.
Article
9. Incentives for investors in social housing projects
1. [20] Investors in
social housing projects not funded by public investment capital and state
capital not allocated to public investment may be exempt from land levies and
land rents in accordance with Point a Clause 1 Article 58 of the Law on
Housing. To be specific:
a) These investors may be
exempt from land levies and land rents for land allocated or leased out by the
State, including land for construction of commercial works approved by the
competent authority of their social housing projects;
The provincial People’s
Committee shall consider and decide refund of land levy paid by the investor
when receiving land from the State or land use rights from another
organization, household or individual that is used for social housing
construction, or land levy paid by the investor for the 20% land area, or
deduction of such amount, including compensation and land clearing costs (if
any), from the investor’s financial obligations to the State;
b) These investors may
allocate 20% of total residential land where technical infrastructure has been
invested in of their social housing projects (including projects that use 20%
land) to construction of commercial housing in order to defray investment
costs, reduce selling price, rent and lease purchase price of social housing,
and reduce the costs of social housing management and operation after
investment.
2. The investor is
entitled to exemption and/or reduction of value-added tax (VAT) and corporate
income tax (CIT) in accordance with Point b Clause 1 Article 8 of the Law on
Housing and regulations of law on taxation.
With regard to
construction of social housing for lease, the investor is entitled to 70%
reduction of VAT and CIT in accordance with effective regulations of law on
taxation applied to social housing.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
With regard to
construction of social housing for lease, concessional loans have a minimum
term of 15 years and maximum term of 20 years. If an investor wishes to take a
loan for a term shorter than 15 years, the investor may reach an agreement with
the bank on a loan term shorter than the minimum term.
4. [21] Investors are
entitled to partial or full funding for investment in technical infrastructure
of their social housing projects from the provincial People’s Committee in
accordance with Point d Clause 1 Article 58 of the Law on Housing.
Full funding shall be
provided for investment in technical infrastructure of social housing for
lease.
In case investors finish
constructing technical infrastructure of their social housing projects within
12 months starting from the date of land receipt or rent, the provincial
People’s Committee shall support them in connecting technical infrastructure of
their projects with regional general technical infrastructure.
5. (Annulled)[22]
6. Households and
individuals investing in social housing that satisfies the requirements in
Clause 2 Article 58 of the Law on Housing shall receive the incentives
specified in Point a Clause 1, Clause 2, Clause 3, and Clause 4 of this
Article.
Article
10. Raising capital for social housing development
1. Capital for social
housing development invested in by the State are raised from:
a) Direct capital from
central government budget; Government bonds (if any); local housing development
funds (if any), funds of the Ministry of National Defense that are established
and operated in accordance with law (if any); annual funding from local
government budget under decisions of the People’s Councils of provinces;
municipal bonds, housing bonds; other legitimate sources defined by law;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Capital sources other
than state budget raised by various economic sectors (including households and
individuals) that invest in construction of social housing, including:
a) Existing capital of
the investors or households and individuals;
b) Concessional loans
granted by Vietnam Bank for Social Policies or credit institutions appointed by
the State as specified in Chapter III of this Decree;
c) Issuance of bonds
under guarantee by the Government as defined by regulations of law on issuance
of Government bonds, municipal bonds, and bonds invested by enterprises;
d) Commercial loans
granted by credit institutions established and operated in accordance with law;
dd) Loans granted by
local housing development funds (if any), funds of the Ministry of National
Defense that are established and operated in accordance with law (if any);
e) Other legitimate
sources of capital defined by law.
Article
11. (Annulled)[23]
Article
12. Purchase of commercial housing as social housing
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. [24] Regulations on
purchase of commercial housing for use as social housing:
a) Purchase of commercial
housing for use as social housing using public investment capital shall be
carried out in accordance with regulations of law on public investment;
b) A project on purchase
of commercial housing for use as social housing must contain specific housing
location, type and quantity, usable area of each housing type, selling price,
relevant costs, sources of purchase capital, payment method, purchase
contracting body, management body of purchased housing, and responsibilities of
relevant regulatory bodies for project execution.
3. Procedures for buying
commercial housing as social housing as follows:
a) According to the
approved project, the agency appointed as the investor in the project shall
conclude a housing purchase contract with the investor in the commercial
housing project; the contract shall be concluded in accordance with regulations
on trading in commercial housing;
b) According to the
housing purchase contract concluded, the investor in the commercial housing
project shall transfer the housing and provide legal documents relevant to the
housing for the buyer;
c) After receiving the
housing, the investor in the social housing project shall manage them in
accordance with the Law on Housing and the Decree providing guidelines for the
Law on Housing;
d) The investor in the
commercial housing project has the responsibility to obtain the Certificates of
Land Use Rights, Ownership of House and Property on Land (hereinafter referred
to as “Certificates”) for the buyer. In the case specified in Point a Clause 2
of this Article, the Certificate shall be granted to the Ministry of Construction;
in the case specified in Point b Clause 2 of this Article, the Certificate
shall be granted to the Ministry of National Defense or the Ministry of Public
Security; in the case specified in Point c Clause 2 of this Article, the
Certificate shall be granted to the provincial People’s Committee or the
Department of Construction.
Procedures for issuance
of the Certificate shall comply with regulations of law on land.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
CONCESSIONAL
LOANS FOR IMPLEMENTATION OF SOCIAL HOUSING POLICIES
Article
13. Rules for granting concessional loans
1. Concessional loans
shall be granted to eligible borrowers that satisfy all conditions prescribed.
2. If an entity is
eligible for various types of concessional loans, the most advantageous one
shall apply.
3. If more than one
member of a household is eligible for various types of concessional loans, only
one of them shall apply to the whole household.
4. Vietnam Bank for
Social Policies or credit institutions appointed by the State shall grant concessional
loans for social housing in accordance with regulations of law on housing,
credit, and relevant regulations of law.
5. Borrowers that are
households and individuals that take concessional loans from Vietnam Bank for
Social Policies must pay a monthly deposit to Vietnam Bank for Social Policies
for at least 12 months at the rates imposed by the lender.
Article
14. Concessional loans under housing programs
1. The entities specified
in Clause 1, Clause 2 and Clause 3 of Article 49 of the Law on Housing may take
concessional loans for construction, renovation or repair of housing according
to specific stipulations of each program decided by the Government or the Prime
Minister.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
15. Concessional loans for construction of social housing
1. Eligible borrowers:
a) Enterprises,
cooperatives being investors in social housing projects that are not funded by
the capital sources or methods specified in Clause 1 Article 53 of the Law on
Housing;
b) Enterprises and
cooperative engaged in industrial production and/or services that invest in
construction of housing for their own workers without collecting rents or
collecting rents that do not exceed the maximum rent for social housing imposed
by the provincial People’s Committee;
c) Households and
individuals that invest in construction of social housing for lease, for lease purchase,
and/or for sale.
2. In order to take
concessional loans, the entities specified in Point a and Point b Clause 1 of
this Article must:
a) be established and
operating in accordance with law; has a list of social housing projects
conformable with the social housing investment program approved by a competent
authority;
b) have an investment
project that is granted a decision on investment policies in accordance with
regulations of law on investment and housing;
c) have obtained a
decision on land provision or land use rights in accordance with regulations of
law on land, and land clearance and compensation has been complete;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) have a minimum
capital required by the loaning program of the lending credit institution;
e) obtain a loan
guarantee or take a mortgage as prescribed by law.
3. The entities specified
in Point c Clause 1 of this Article must have an investment plan approved by a
competent authority and satisfy the requirements specified in Point c through e
Clause 2 of this Article.
4. Maximum loans:
a) Regarding construction
of social housing for lease: the maximum loan is 80% of the total investment in
the project or loaning program, and must not exceed 80% of the collateral
value;
b) Regarding construction
of social housing for sale or lease purchase: the maximum loan is 70% of the
total investment in the project or loaning program, and must not exceed 70% of
the collateral value.
5. Loan term:
a) Regarding construction
of social housing for lease, the minimum loan term is 15 years and the maximum
loan term is 20 years from the date of the first disbursement;
b) Regarding construction
of social housing for sale or lease purchase, the minimum loan term is 10 years
and the maximum loan term is 15 years from the date of the first disbursement;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Any borrower that
wishes to have a shorter loan term than those specified in Point a, b, and c of
this Clause may reach an agreement with the lending bank.
6. The principal and
interest shall be paid in accordance with regulations of the lending credit
institution.
7. Loan interest:
a) The concessional rates
of Vietnam Bank for Social Policies are decided by the Prime Minister at the
request of the Board of Directors at that time;
b) The concessional rates
of credit institutions are decided and announced by the State Bank of Vietnam;
such rates shall not exceed 50% of the average interest rate of banks at the
same time.
8. Disbursement: capital
is disbursed according to the progress of the project and at the investor’s
request. The amount disbursed depends on the completion of the works according
to technical checkpoints.
Article
16. Concessional loans for purchase and lease purchase of social housing;
construction or renovation and repair of housing [25]
1. Eligible borrowers are
specified in Clause 1, 4, 5, 6, and 7 Article 49 of the Law on Housing.
2. [26] In order to take
out a loan for purchase or lease purchase of social housing, a household or
individual must:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) have adequate
documentary evidence specified in Article 22 of this Decree;
c) have sources of income
and be able to pay debt as agreed with Vietnam Bank for Social Policies or a
credit institution appointed by the State;
d)[27] have a request for
grant of loan for purchase or lease purchase of social housing which contains a
commitment that the applicant and other members in the household have not
benefited from any housing or residential land assistance policy in any shape
or form in their place of residence;
dd) [28] have a contract
for purchase or lease purchase of social housing with the investor according to
regulations of this Decree and law on housing;
e) take a mortgage as
prescribed by law. The lending bank, the investor, and the borrower must
specify the method for management and settlement of collateral in the
tripartite contract.
3. In order to take a
loan for construction, renovation, or repair their own housing, a household or
individual must:
a) have enough capital to
participate in the loaning program of Vietnam Bank for Social Policies or a
credit institution appointed by the State;
b) have adequate
documentary evidence specified in Article 22 of this Decree;
c) have sources of income
and be able to pay debt as agreed with the lending credit institution;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) [29] have a
certificate of land use rights or ownership of housing and other property on
land in the district where the applicant registers their permanent residence
issued by the competent authority in accordance with regulations of law on
land;
e) [30] have a
pricing plan and construction permit for cases requiring a construction permit
as per law on construction. If the applicant has a construction permit with
definite term according to regulations of law, they may be considered for a
loan suitable for the service life of the work;
g) put up the land use
right, property on land, or other property as collateral as prescribed by law.
4. [31] Maximum loans:
a) In the case of
purchase or lease purchase of social housing, the maximum loan shall be equal
to 80% of the value of the purchase or lease purchase contract;
b) In the case of
construction or renovation or repair of a house, the maximum loan shall be
equal to 70% of estimated value or loaning plan and must not exceed VND 500
million and 70% of collateral value.
5. [32] Loan interest:
a) The Prime Minister has
the power to decide the lending interest rate of Vietnam Bank for Social
Policies as proposed by the Board of Directors of Vietnam Bank for Social
Policies for each period of time;
b) The State Bank of
Vietnam has the power to determine and announce the lending interest rate of
appointed credit institutions, which shall not exceed 50% of the average
lending interest rate of commercial banks in the same period of time.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. The principal and
interest shall be paid in accordance with regulations of the lending credit
institution.
8. The loan shall be
disbursed in accordance with the loan contract between the household/individual
and the lending credit institution.
Article
17[34]. State sources of concessional loans for implementation of
social housing policies
1. Sources of
concessional loans via Vietnam Bank for Social Policies:
a) According to the annual
plan approved by a competent authority, state budget shall provide 100% funding
for Vietnam Bank for Social Policies to grant concessional loans to the
borrowers specified in Clause 1 Article 14 and Clause 1 Article 15 of this
Decree;
b) According to the
annual plan approved by a competent authority, state budget shall provide 50%
funding for Vietnam Bank for Social Policies to grant concessional loans to the
borrowers specified in Clause 1 Article 16 of this Decree; Vietnam Bank for Social
Policies shall use saving deposits of borrowers and raised capital to cover the
rest; the State Bank shall provide subsidy on interest rate difference and
administration costs for Vietnam Bank for Social Policies as prescribed;
c) Capital from local housing
development trusts (if any), annual funding provided by local government
budget, capital from issuance of bonds, and other legitimate sources of capital
for implementation of social housing plans are subject to approval by the
People’s Committee of the province under the decision of the People’s Council
of the province.
2. [35] Sources of
concessional loans from credit institutions:
a) According to the
social housing development program and plan approved by the competent authority
from time to time, state budget shall provide subsidy on interest rate
difference for the credit institutions appointed by the State in order for
investors in construction of social housing and beneficiaries of social housing
policies to take out concessional loans at an interest rate not exceeding 50%
the average interest rate of commercial banks at the same time.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
18. Management and use of sources of concessional loans
1. The management of
sources and use of concessional loans for social housing are executed by
Vietnam Bank for Social Policies or credit institutions appointed by the State.
2. Bad debts shall be
settled in accordance with regulations of the Prime Minister.
3. Vietnam Bank for
Social Policies and credit institutions shall provide specific instructions on
raising saving deposits and other contents related to concessional loans within
the scope of their functions, tasks, and entitlements.
Chapter
IV
MANAGEMENT
AND USE OF SOCIAL HOUSING
Article
19. Purchase, lease, or lease purchase of social housing
1. Eligible buyers,
tenants, tenant/buyers and conditions for purchase, lease, or lease purchase of
social housing are specified in Article 49 and Article 51 of the Law on
Housing; each household and individual shall receive social housing assistance
once as prescribed in Article 52 of the Law on Housing.
2. The purchase, lease,
or lease purchase of social housing funded by state budget shall comply with
regulations of law on management and use of state-owned houses.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. The buyer or
tenant/buyer of social housing must not put it up as collateral (except
pledging it to the bank as security for a mortgage loan on the same housing)
and must not transfer it in any shape or form for at least 05 years since the
payment for purchase or lease purchase of the housing is completely made under
the contract with the seller or seller/landlord. The housing may only be sold,
mortgage, or leased out after the Certificate is granted in accordance with
regulations of law on land.
Since the buyer or
tenant/buyer of the social housing is permitted to sell it, apart from the
amounts payable when selling houses as prescribed by law, the seller of an
apartment shall pay 50% of the land levy on such apartment to the State; the
seller of a row house shall pay 100% of land levy according to the land prices
imposed by the People’s Committee of the province at that time.
5. Before the end of the
5-year period, if the buyer or tenant/buyer wishes to sell the social housing,
it may only be sold to the State (in case of lease purchase of social housing
invested in by the State) or to the investor in the social housing project (in
case of purchase or lease purchase of social housing invested in by sources of
capital other than state budget) or to an entity eligible to buy or lease
purchase social housing specified in Article 49 of the Law on Housing. The
selling price shall not exceed that of the same type of social housing at the
same time, the same location. Personal income tax is exempt.
6. Regarding a project on
social housing for lease, the investor may only sell the houses after at least
10 years from the project completion and only to the entities specified in
Article 49 of the Law on Housing. The selling price shall not exceed that of
the same type of social housing at the same location.
7. In case of purchase or
lease purchase of detached social housing invested by households and
individuals, the transfer of LUR must comply with regulations of law on land.
8. According to
provisions of this Decree and instructional documents issued by competent
authority, the People’s Committees of provinces shall promulgate specific
regulations on consideration and order or priority of entities that wish to
buy, lease, and lease purchase local social housing in a way that is
appropriate for socio-economic conditions of their provinces.
9. The Ministry of
National Defense and the Ministry of Public Security shall promulgate specific
regulations on entities eligible to buy, lease, and lease purchase social
housing of social housing projects executed by the Ministry of National Defense
and the Ministry of Public Security after reaching a written agreement with the
Ministry of Construction.
10. [36] Reselling of
social housing to project investors or other persons eligible for purchase or
lease purchase of social housing mentioned in Clause 5 of this Article shall be
carried out according to Article 62 of the Law on Housing and the following
regulations:
a) Persons reselling
social housing to project investors shall terminate their contracts with the
investors. Maximum reselling price shall be equal to the selling price of the
same type of social housing at the same location at the reselling time and the
reselling is not subject to personal income tax.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The social housing buyers
mentioned in this Point must have proof of their eligibility for social housing
assistance according to regulations in Article 22 of this Decree and directly
contact project investors to submit purchase applications as prescribed in
Article 20 of this Decree.
Article
20. Procedures for purchase, lease, or lease purchase of social housing
1. With regard to social
housing projects invested by sources of capital other than state budget
a) After the construction
is commenced, the investor in the social housing project shall publicly post
information about the project (project’s name, investor, location, contact
address, mailing address, schedule, scale, quantity of apartments including
apartments for sale, for lease, and for lease purchase; areas of apartments,
selling prices, rents (temporary) for each type of apartments; beginning and
ending time for receiving applications, and relevant information) on the web
portal of the Department of Construction of the province where the project is
located; post such information on at least one issue of an official local
newspaper, and publish it at the investor’s real estate exchange in order for
interested people to submit applications and monitor the project.
b) Before starting to put
up the houses for sale, lease, or lease purchase, the investor in the social
housing project shall submit a written report to the Department of Construction
on the total quantity of apartments to be sold, leased, or lease-purchased, and
starting time. Such information must be posted on the web portal of the
Department of Construction of the province where the project is located for at
least 30 days from the first day on which applications for purchase, lease, or
lease purchase houses of the project are received;
c) According to the
information mentioned in Point a of this Clause, households and individuals who
wish to buy, lease, or lease purchase social housing shall submit their
applications to the investor in accordance with Article 22 of this Decree and
instructions of the Ministry of Construction;
d) After collecting
adequate applications, the investor shall consider each of them, compare them
with the conditions and eligible entities specified in Article 49 and Article
51 of the Law on Housing, this Decree, and guidance of the Ministry of
Construction in order to compile a list of entities eligible to buy, lease,
lease purchase social housing of the investor’s project.
If the applicant has
submitted a satisfactory application as set out in Article 22 of this Decree to
the investor, but the investor does not have enough housing, then the investor
has to provide explanation and return the application (including documents
proving the eligibility for purchase, lease, or lease purchase of social housing
submitted by the applicant).
When receiving an
application, the recipient must issue a note of receipt. If the application is
not satisfactory according to Article 22 of this Decree, the recipient must
write the explanation and return it to the applicant for completion;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Where an entity on the
aforementioned list has received assistance from the State in the form of
housing or residential land, has taxable income or has bought, leased, or lease
purchased social housing of another project, the Department of Construction
shall send a written notification to the investor in order to remove that
entity from the list. If the Department of Construction does not give a
response after 15 working days from the receipt of the list, the investor shall
request the eligible applicants to meet, discuss, and conclude the contracts.
The Department of Construction shall update the list on its web portal and the
web portal of the Ministry of Construction.
If a satisfactory
applicant on the list no longer wishes to buy, lease, or lease purchase the
social housing, the investor shall return the application (including documents
proving the eligibility for purchase, lease, or lease purchase of social
housing) to the applicant.
e) Each household or individual
that wishes to buy, lease, or lease-purchase social housing may submit an
application for a project. If the project does not have enough housing for
sale, lease, or lease purchase, the investor shall provide explanation and
return the application to the applicant.
The buyer, tenant, or
tenant/buyer of the social housing shall pay the investor directly or via a
bank agreed upon by the investor and the buyer, tenant, or tenant/buyer.
g) After signing
contracts for purchase, lease, or lease purchase of social housing, the
investor shall compile a list of entities (including household members) that
have bought, leased, lease-purchased social housing, and send it to the
Department of Construction of the province where the project is located in
order to be published within 30 working days from the day on which the list is
received and retained to serve later management and inspection). The investor
shall concurrently put up the list at the investor’s headquarters and real
estate exchange or social housing website (if any).
2. With regard to social
housing invested in by a household or individual
a) The household or
individual who invests in social housing shall submit a written report on the
project’s location, schedule, scale, quantity of apartments including quantity
of apartments including apartments for sale, for lease, and for lease purchase;
beginning time for receiving applications to the People’s Committee of the
commune where the houses are built in order to be published at the People’s
Committee’s office building to serve the people’s supervision;
b) According to the
information published, people who wish to buy, lease, or lease purchase social
housing shall submit their applications to the investor in accordance with
Article 22 of this Decree;
c) After collecting
adequate applications, the investor shall send a list of entities eligible to
buy, lease, lease purchase social housing to the People’s Committee of the
commune for consideration and certification before the investor and the buyers,
tenants and tenant/buyers conclude contracts for purchase, lease, or lease
purchase of social housing;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. [38] The Ministry of
Construction shall provide guidelines for update of information on entities
eligible for purchase, lease, or lease purchase of social housing on its web
portal according to regulations in Clause 1 of this Article.
Article
21. Selling prices, rents, and lease purchase prices of social housing
1. Selling prices of
social housing are determined by the investor on the basis of recoupment of
investment in construction of the houses, payment of loan interest (if any),
and generation of a profit not exceeding 10% of total investment, exclusive of
incentives provided by the State specified in Article 58 of the Law on Housing.
2. Lease purchase prices
of social housing are determined by the investor on the basis of recoupment of
investment in construction of the houses, payment of loan interest (if any),
and generation of a profit not exceeding 15% of total investment, exclusive of
incentives provided by the State specified in Article 58 of the Law on Housing.
The buyer/tenant shall
pay 20% of the social housing value and the rest periodically as agreed between
the seller/landlord and the buyer/tenant from the day on which the social
housing is transferred; the minimum lease purchase period is 05 years from the
day on which the seller/landlord transfers the social housing to the
buyer/tenant.
3. The social housing
rents are determined by the investor on the basis of recoupment of maintenance
cost and investment in construction of the houses, payment of loan interest (if
any), and generation of a profit not exceeding 15% of total investment,
exclusive of incentives provided by the State specified in Article 58 of the
Law on Housing, the minimum recoupment period is 15 years from the date of
signing the contract.
4. [39] The provincial
People’s Committee shall appoint the Department of Construction or an
affiliated authority to verify the selling prices, lease purchase prices, and
rents of social housing invested in by capital other than state budget in the
province according to the procedures provided for in Article 21a of this
Decree.
5. [40] With regard to
social housing invested in by households and individuals for sale, lease or
lease purchase, these investors shall determine the prices and rents, which
must not exceed the bracket imposed by the provincial People’s Committee.
Before signing a social housing purchase, lease or lease purchase contract with
a customer, these investors shall send the selling price, rent or lease
purchase price quote to the Department of Construction for monitoring purpose.
The provincial People's
Committee shall direct regulatory bodies to refer to methods for selling price,
rent and lease purchase price determination from guidelines of the Ministry of
Construction and local market price levels to formulate and promulgate selling
price, rent and lease purchase price brackets for social housing invested in by
households and individuals intra vires as appropriate to local conditions.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The tenant and landlord
may agree upon a deposit higher than specified in this Clause. Nevertheless,
the deposit must not exceed 50% of the value of the social housing for lease.
If the tenant pays a deposit as set out in this Clause, they shall receive a rent
discount or exempt from rents for a certain period of time agreed by both
parties.
Poor households,
near-poverty households, and the entities specified in Clauses 1, 3, 9, and 10
Article 49 of the Law on Housing are not required to pay a deposit when renting
social housing.
7. [42] Social housing
buyers, tenants and tenants/buyers may take out concessional loans from Vietnam
Bank for Social Policies or credit institutions appointed by the State to pay
for social housing purchase or renting as specified in Chapter III of this
Decree.
8. The Ministry of
Construction shall provide guidance on determination of selling prices, rents,
and lease purchase prices for social housing.
Article
21a. Procedures for appraisal of selling prices, rents and lease purchase
prices of social housing[43]
1. The applicant shall
submit 01 application (certified true copy) for appraisal of selling prices,
rents and lease purchase prices of their social housing prepared as per
regulations in Clause 2 of this Article to the People's Committee of the
province where the project is located.
2. An application for
price appraisal includes:
a) An application form
for price appraisal, which is made using the form in Appendix 1 of this Decree;
b) Legal documents of the
applicant (including legal grounds and overview of the project);
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The provincial
People’s Committee shall appoint the Department of Construction or a local
appraising authority to appraise the selling prices, lease purchase prices and
rents of social housing as follows:
a) The Department of
Construction or price appraising authority shall appraise the prices and rents
and take responsibility to the provincial People's Committee for the appraisal
results and deadline.
In case the applicant has
finished building their social housing and had the project costs audited
according to regulations, the Department of Construction may appraise the
selling prices, rents and lease purchase prices of the houses based on the
audit report.
b) Within 30 days
starting from the date of receipt of a valid application, the Department of
Construction or price appraising authority shall organize the appraisal and
send a written notification of appraisal results to the applicant, which
specifies which content is approved and which content requires adjustment (if
any).
Based on the appraisal
result notification, the applicant shall promulgate selling prices, rents and
lease purchase prices of their social housing, which shall not be higher than
the appraised prices and rents.
c) If the Department of
Construction or price appraising authority fails to send an appraisal result
notification to the applicant within the time limit mentioned in Point b
herein, the applicant has the right to promulgate prices and rents according to
the appraised pricing plan and sign purchase, lease and lease purchase
contracts concerning their social housing with customers. However, before
signing a contract, the applicant shall send their selling price, rent and
lease purchase price quotes to the Department of Construction of the province
where the houses are located for monitoring purpose.
d) If the appraisal
result notification provides a price or rent higher than the rate stated in a
signed contract, the applicant may not charge more; if the appraisal result
notification provides a price or rent lower than the rate stated in a signed
contract, the applicant must resign the contract or amend the price or rent in the
contract’s appendix and refund the difference to the buyer, tenant or
tenant/buyer.
4. In case the applicant
resells their social housing after 05 years of leasing according to regulations
in Clause 3 Article 54 of the Law on Housing, the reselling prices may be
exempt from appraisal if the post-lease reselling prices are determined in the
pricing plan appraised by the competent authority. Depreciation expenses
corresponding to the leasing period shall be deducted from prices of social
housing resold after leasing according to regulations.
Article
22. Documents proving eligibility for social housing assistance [44]
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Documents proving
eligibility for social housing assistance include:
a) The entities specified
in Clause 1 Article 49 of the Law on Housing must submit documentary proof per
the law that they are people with meritorious services to revolutions, of their
housing situation, and that they have not received state housing assistance
issued by the People’s Committees of the communes where their permanent
residences are registered;
b) The entities specified
in Clause 4 of Article 49 of the Law on Housing must submit written
confirmation of their eligibility issued by the People’s Committees of the
communes where their permanent residences are registered or the communes where
their temporary residences are registered for at least one year if their
permanent residences are registered in other provinces and central-affiliated
cities;
c) The entities specified
in Clauses 5, 6 and 7 Article 49 of the Law on Housing must submit confirmation
of their eligibility issued by their employers;
d) The entities specified
in Clause 8 Article 49 of the Law on Housing must submit documentary proof that
they are eligible for renting official residences issued by official residence
authorities;
dd) The entities
specified in Clause 9 Article 49 of the Law on Housing must submit documentary
proof of their eligibility issued by the training institutions where they are
receiving training;
e) The entities specified
in Clause 10 Article 49 of the Law on Housing must submit certified true copies
of documents proving that they are on the list of entities whose residential
land use rights, houses, and other property on land are withdrawn by competent
authorities;
g) Persons with
disabilities mentioned in Article 23 of this Decree must submit confirmation of
their disabilities according to regulations of law on persons with
disabilities.
3. Documents proving the
applicant’s housing situation:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The entities specified
in Clause 8 Article 49 of the Law on Housing must submit written confirmation
that they have returned official residences issued by official residence
authorities;
c) The entities specified
in Clause 9 Article 49 of the Law on Housing must submit confirmation that they
have not rented housing in the training institutions where they are receiving
training issued by these institutions;
d) The entities specified
in Clause 10 Article 49 of the Law on Housing must submit confirmation issued
by the People’s Committee of the district where the withdrawn land or social
housing is located that they have not received compensation from the State in
the form of housing or residential land for relocation.
4. Documents proving the
applicant’s residence situation:
a) If the applicant for
purchase, lease or lease purchase of social housing has registered their
permanent residence in the province of central-affiliated city where the social
housing is also located, they are required to have a certified true copy of the
permanent residence register or document on collective residence registration
in the province;
b) If the applicant for
purchase, lease or lease purchase of social housing does not have a permanent
residence according to Point a of this Clause, they are required to have a copy
of confirmation of temporary residence registration and document proving
payment of social insurance for at least 01 (one) year in the province or
central-affiliated city where the social housing is located.
c) Starting from the entry
into force of the Residence Law (July 01, 2021), confirmation of permanent
residence and temporary residence registration shall be carried out in
compliance with the Residence Law; issued family registries and temporary
residence registries may continue to be used and are equivalent to written
confirmations of residence per this Law until December 31, 2022 inclusive.
5. Documents proving the
applicant’s income situation:
a) Any entity specified
in Clauses 5, 6 and 7 Article 49 of the Law on Housing must submit confirmation
issued by their employer that their income is not subject to regular personal
income tax according to regulations of law on personal income tax;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. The entities specified
in Article 49 of the Law on Housing must be eligible for social housing
assistance policies according to Article 51 of the Law on Housing. If they own
a house, the average floor area has to be smaller than 10 m2 per person.
7. The Ministry of
Construction shall stipulate forms of the documents mentioned in this Article.
Article
23. Rules and criteria for determination of entities eligible for purchase,
lease or lease purchase of social housing [45]
1. Rules for
determination of entities eligible for purchase, lease or lease purchase of
social housing of social housing projects:
a) If the total number of
valid applications for purchase, lease or lease purchase of social housing does
not exceed the total number of apartments announced by the investor, the
apartments shall be selected as agreed between the investor and customers;
b) If the total number of
valid applications for purchase, lease or lease purchase of social housing
exceeds the total number of apartments announced by the investor, the
applicants shall be considered and selected by drawing lots. Such lot drawing
shall be organized by the investor with the supervision of the representative
of the Department of Construction of the province where the approved project is
located and the results shall be recorded in writing.
Applicants meeting the
requirements in Article 22 of this Decree and being people with meritorious
services to revolutions or persons with disabilities may purchase, rent or
lease purchase a certain number of social housing without drawing lots. Number
of apartments (housing) reserved for these prioritized applicants (not required
to draw lots) shall be determined by dividing total number of applications from
these prioritized applicants by total number of applications and then
multiplying by total number of apartments (houses) of the project. List of
prioritized applicants shall be arranged in order of application time.
Apartments for prioritized applicants shall be allocated according to the list
until stock runs out. The remaining prioritized applicants shall participate in
drawing lots.
2. The entities specified
in Clause 6 Article 49 of the Law on Housing may apply for purchase, lease or
lease purchase of social housing of projects invested in by economic sectors or
projects executed by the Ministry of National Defense or the Ministry of Public
Security, provided that each entity only receives assistance once.
The Ministry of National
Defense and the Ministry of Public Security shall specify eligibility criteria
and conditions for purchase, lease or lease purchase of social housing of
projects they execute, and submit reports to the Ministry of Construction for
its agreement in writing before promulgating these criteria and conditions. The
Ministry of Construction shall respond within 15 working days.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
24. Contracts for purchase, lease, or lease purchase of social housing
1. The purchase, lease,
or lease purchase of social housing under the Law on Housing and this Decree
are agreed upon by the parties on the basis of the model contract provided by
the Ministry of Construction.
2. A contract for lease
of social housing shall be signed between the investor or an enterprise
authorized by the investor to operate the housing and the tenant.
3. When the contract
expires, if the tenant is still eligible for leasing social housing, the
parties shall renew the lease contract. 03 months before the expiration of the
contract, if the tenant wishes to keep leasing the social housing and does not
commit violations that lead to termination of the lease contract as agreed in
the lease contract, the tenant may renew the lease contract or sign a new one.
Article
25. Social housing quality management
1. The construction
quality management of social housing projects shall comply with regulations of
law on construction quality management.
2. Social housing
invested in by households and individuals must comply with regulations of law
on construction planning, urban planning and rural residential areas, and must
be granted licenses for construction as prescribed by regulations of law on
construction.
Article
26. Management of operation and use of social housing
1. The management of
operation and use of social housing funded by state budget shall comply with
regulations of law on management and use of state-owned houses.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Management of use of
social housing being apartment buildings shall comply with regulations of law
on housing.
Social housing management
serves are eligible for the same benefits as those of public services.
4. The operating unit of
social housing is entitled to provide other lawful services within the social
housing area to cover the operation and maintenance cost.
5. With regard to social
housing invested in by a household or individual:
a) The landlords are
responsible for management of the housing or may hire another housing operation
unit to operate the housing.
b) During the contractual
lease term, the landlord may sell the social housing to the tenant if the
tenant wishes to buy it and the buyer is not required to pay land levy when
selling such house;
c) The landlords have the
entitlements and obligations to their houses according to civil law and housing
law;
d) The Ministry of
Construction shall promulgate specific regulations on quality management,
operation of social housing invested in by households and individuals for sale,
for lease, and for lease purchase.
Article
27. Rights and obligations of sellers, landlords, landlords/sellers, buyers,
tenants, and tenant/buyers of social housing
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The seller, landlord,
lease purchaser of social housing shall:
- Strictly adhere to
terms and conditions of the concluded contract for purchase, lease, or lease
purchase of social housing;
- Have the right to
terminate the contract under agreements therein;
- Establish a social
housing management board and issue social housing management regulations
according to instructions of the Ministry of Construction if the social housing
is an apartment building;
- The landlord of social
housing must notify the tenant one month before terminating the lease contract
and return the deposit and advanced rents (if any) to the tenant as agreed in
the lease contract;
- Collect service charges
related to the management and use of social housing in accordance with the
concluded contract the social housing management regulations;
- Do not increase the
selling price, rents, or lease purchase prices without permission of a
competent authority as prescribed by this Decree;
- Comply with decisions
of competent authority on actions against violations and settlement of
complaints and disputes over the purchase, lease, or lease purchase of social
housing;
- Perform other rights
and obligations as prescribed by law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Have the right to
terminate the contract for purchase, lease, or lease purchase of social housing
as agreed therein;
- Adhere to terms and
conditions of the concluded contract for purchase, lease, or lease purchase of
social housing and social housing management regulations promulgated by a
competent authority;
- Comply with decisions
of competent authority on actions against violations and settlement of
complaints and disputes over the purchase, lease, or lease purchase of social
housing, and perform other rights and obligations prescribed by law;
- With regard to the
social housing for lease, the tenant shall return the housing to the landlord
as agreed in the concluded lease contract. If the landlord unilaterally
terminates the contract ahead of schedule, the landlord must notify the tenant
at least one month in advance. The tenant shall receive the advanced rent for
remaining period and the deposit (if any). The tenant may buy the housing being
leased if the landlord sells it in accordance with this Decree and relevant
regulations of law on housing. The tenant must not maintain, change the house,
use the social housing for other purposes, sublease the house, lend the house,
transfer the lease contract or swap the housing with another person without the
landlord’s consent.
2. Pursuant to this
Decree and instructional documents issued by competent authority, the parties
shall specify their rights and obligations in the contract.
Chapter
V
IMPLEMENTATION
Article
28. Responsibility of the Ministry of Construction
1. Perform the duties
specified in the Law on Housing and this Decree.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. (Annulled) [47]
4. [48] Take charge and
cooperate with other ministries, central authorities and provincial People’s
Committees in providing guidance for development of a social housing database
system and updates on the web portal of the Ministry of Construction; providing
guidance for and carrying out intra vires inspections of development and
management of social housing; assessing the implementation of this Decree; and
proposing amendments according to the actual situation to the Government for
consideration and decision.
5. (Annulled) [49]
6. Perform other rights
and obligations as prescribed by law.
Article
29. Responsibility of relevant Ministries and agencies
1. The Ministry of
Planning and Investment shall:
a) Take charge and cooperate
with other Ministries and agencies in proposing and allocating capital from
central government budget according to midterm and annual plans via Vietnam
Bank for Social Policies and credit institutions appointed by the State to
implement social housing policies;
b) Propose additional
social housing projects to the list of projects eligible for concessional loans
or investment assistance (including ODA) to competent authorities in accordance
with regulations of law on housing and investment;
c) Take charge and
cooperate with other Ministries and agencies in raising capital from government
bonds, ODA, concessional loans from sponsors, development capital to implement
policies on lease and lease purchase of social housing as prescribed by the Law
on Housing and this Decree.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Provide guidance on
incentives related to finance, tax, credit policies, methods for establishment
of investment funds in manufacturing enterprises, issuance of bonds guaranteed
by the government, municipal bonds, and corporate bonds to implement policies
on development and management of social housing for lease and lease purchase as
prescribed by the Law on Housing and this Decree;
b) Cooperate with the
Ministry of Planning and Investment, relevant Ministries and agencies in
allocating capital from central government budget according to annual plans via
Vietnam Bank for Social Policies and credit institutions appointed by the State
to grant concessional loans for to households and individuals eligible for
purchase, lease, and lease purchase of social housing; grant concessional loans
for enterprises and cooperatives that invest in social housing projects,
households and individuals that participate in construction of social housing
in accordance with the Law on Housing and this Decree;
c) Provide specific
guidance on exemption of land levies, land rents, and refund thereof as set out
in Clause 1 Article 9, method for determination of land levies payable by
sellers of social housing as set out in Clause 4 Article 19 of this Decree;
d) Instruct or request a
competent authority to regulate conditions for exemption and reduction of VAT,
CIT, personal income tax, and other taxes related to development and management
of social housing in accordance with this Decree.
dd)[50] Provide
guidelines for management and use of land levies on 20% of land of commercial
housing and metro area projects mentioned in Clause 3 Article 5 of this Decree
intra vires.
3. The Ministry of
Natural Resources and Environment shall:
a) Take charge and
cooperate with the Ministry of Construction in instructing local governments to
formulate land-use planning and ensuring sufficient land for execution of
social housing project;
b) Take charge and
cooperate with the Ministry of Construction in providing guidance on issuance
of the Certificate to entities eligible for purchase and lease purchase of
social housing.
4. The State Bank of
Vietnam shall:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Appoint some credit
institutions to grant loans as social housing assistance; perform other duties
specified in this Decree.
5. Vietnam Bank for
Social Policies shall:
a) Manage and use capital
sources, grant loans to eligible borrowers specified in this Decree;
b) Cooperate with
Ministries and other agencies in resolving difficulties that arise while
granting loans.
c) Take charge and
cooperate with relevant Ministries and agencies in formulating the scheme for
concessional loans for investment in construction of social housing to the entities
specified in Clause 1 Article 15 of this Decree, submit the scheme to the Prime
Minister for consideration.
6. Relevant Ministries
and agencies shall introduce policies on development and management of social housing,
or request competent authorities to do so.
Article
30. Responsibility of People’s Committees of provinces
1. [52] Direct demand
survey and compilation to formulate and revise annual, mid-term and long-term
social housing construction programs, plans and targets (including social
housing for industrial park workers) of their provinces; direct and assign
tasks to local enterprises; cooperate with the Ministry of Construction in
assigning ministry-affiliated state-owned enterprises in accordance with this
Decree.
2. Review and adjust the
land area for social housing development in the overall planning and detailed
planning; withdraw land of commercial housing projects and new urban areas the
investors in which have failed to stick to the schedule, provide 20% land area
for construction of social housing in commercial housing projects and new urban
areas for investors who wish to build social housing.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Implement policies on
development and management of social housing introduce by central agencies;
promulgate specific regulations on incentives to attract economic sectors to
investment in social housing development in their provinces; regulations on
management, use, and operation of social housing in their provinces.
5. Carry out inspection,
supervision, and take actions against violations related to purchase, lease,
and lease purchase of social housing in their provinces.
6. Request investors in
local social housing projects submit periodic reports on project progress to
housing authorities of their provinces; periodically review the social housing
development in their provinces every year or on request; submit reports to the
Ministry of Construction, which will submit a consolidated report to the Prime
Minister.
7. Direct Departments of
Construction, governments of districts, communes, and other authorities to
verify eligible entities, conditions for taking concessional loans specified in
this Decree; cooperate with Vietnam Bank for Social Policies and credit institutions
appointed by the State in settling bad debts and collateral to recover loans.
8. [53] Support project
investors in connecting technical infrastructure of their projects with
regional general infrastructure.
Article
31. Responsibility of enterprises having manufacturing facilities in industrial
parks
1. Enterprises having
manufacturing facilities in industrial parks have the responsibility to plan
the housing provision, provide financial assistance in development of social
housing for households and individuals of such facilities who face housing
difficulties;
2. New enterprises and
enterprises that expand their manufacturing scale have the responsibility to
ensure that all every household and individual who work for them have a house
to live.
Article
32. Transitional clause [54]
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Social housing
projects approved by competent authority before this Decree comes into force
are not required to be approved again unless they are adjusted by their
investors.
3. Contracts for
purchase, lease, or lease purchase of social housing concluded before this Decree
comes into force with entities that have not taken concessional loans and are
not required to have documents proving the adequacy of their incomes as
specified in Clause 3 Article 22 of this Decree shall be executed in accordance
with this Decree.
4. Documents proving an
entity’s eligibility and housing situation issued by competent authority before
this Decree comes into force are not required to be certified again if a
contract for purchase, lease, or lease purchase of social housing has not been
concluded.
Article
33. Effect[55]
1. This Decree comes into
force from December 10, 2015.
2. During the period 2015
– 2020, Vietnam Bank for Social Policies shall not grant loans to the entities
specified in Clause 1 Article 15 of this Decree.
3. This Decree replaces
the Government's Decree No. 188/2013/ND-CP dated November 20, 2013 on
development and management of social housing.
4. Ministers, Heads of
ministerial agencies, Heads of Governmental agencies, Presidents of the
People’s Committees of provinces are responsible for the implementation of this
Decree./.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
CERTIFIED BY
PP. THE MINISTER
THE DEPUTY MINISTER
Nguyen Van Sinh
[1] The Government’s Decree No. 49/2021/ND-CP
dated April 01, 2021 amending some Articles of the Government’s Decree No.
100/2015/ND-CP dated October 20, 2015 on development and management of social
housing (hereinafter referred to as “the Decree No. 49/2021/ND-CP”) is
promulgated pursuant to:
The Law on Government
Organization dated June 19, 2015 and Law on Amendments to the Law on Government
Organization and Law on Local Government Organization dated November 22, 2019;
The Law on Bidding
dated November 26, 2013;
The Land Law dated
November 29, 2013;
The Law on Housing
dated November 25, 2014;
The Law on Real Estate
Trading dated November 25, 2014;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The Law on Investment
dated June 17, 2020;
The Law on
Construction dated June 18, 2014; and Law on Amendments to Construction Law
dated June 17, 2020;
The Law on Public -
Private Partnership Investment dated June 18, 2020;
[2] This Clause is added by Clause 1 Article 1
of the Decree No. 49/2021/ND-CP, which has been effective since April 01, 2021.
[3] This Clause is added by Clause 1 Article 1
of the Decree No. 49/2021/ND-CP, which has been effective since April 01, 2021.
[4] This Clause is added by Clause 1 Article 1
of the Decree No. 49/2021/ND-CP, which has been effective since April 01, 2021.
[5] This Clause is amended by Point a Clause 2
Article 1 of the Decree No. 49/2021/ND-CP, which has been effective since April
01, 2021.
[6] This Clause is added by Point b Clause 2
Article 1 of the Decree No. 49/2021/ND-CP, which has been effective since April
01, 2021
[7] This Clause is added by Point b Clause 2
Article 1 of the Decree No. 49/2021/ND-CP, which has been effective since April
01, 2021
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
[9] This Clause is added by Point b Clause 3
Article 1 of the Decree No. 49/2021/ND-CP, which has been effective since April
01, 2021
[10] This Clause is amended by Point c Clause 3
Article 1 of the Decree No. 49/2021/ND-CP, which has been effective since April
01, 2021
[11] This Article is amended by Clause 4 Article
1 of the Decree No. 49/2021/ND-CP, which has been effective since April 01,
2021
[12] This Article is amended by Clause 5 Article
1 of the Decree No. 49/2021/ND-CP, which has been effective since April 01,
2021
[13] This Point is amended by Clause 6 Article 1
of the Decree No. 49/2021/ND-CP, which has been effective since April 01, 2021
[14] This Point is amended by Clause 6 Article 1
of the Decree No. 49/2021/ND-CP, which has been effective since April 01, 2021
[15] This Clause is annulled by Clause 6 Article
1 of the Circular No. 49/2021/ND-CP, which has been effective since April 01,
2021
[16] This Clause is amended by Clause 7 Article
1 of the Decree No. 49/2021/ND-CP, which has been effective since April 01,
2021
[17] This Clause is amended by Clause 7 Article
1 of the Decree No. 49/2021/ND-CP, which has been effective since April 01,
2021
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
[19] This Clause is annulled by Clause 7 Article
1 of the Circular No. 49/2021/ND-CP, which has been effective since April 01,
2021
[20] This Clause is amended by Point a Clause 8
Article 1 of the Circular No. 49/2021/ND-CP, which has been effective since
April 01, 2021
[21] This Clause is amended by Point b Clause 8
Article 1 of the Circular No. 49/2021/ND-CP, which has been effective since
April 01, 2021
[22] This Clause is annulled by Clause 8 Article
1 of the Circular No. 49/2021/ND-CP, which has been effective since April 01,
2021
[23] This Article is annulled by Clause 21
Article 1 of the Circular No. 49/2021/ND-CP, which has been effective since
April 01, 2021
[24] This Clause is amended by Clause 9 Article
1 of the Decree No. 49/2021/ND-CP, which has been effective since April 01,
2021
[25] Title of this Article is amended by Point a
Clause 10 Article 1 of the Circular No. 49/2021/ND-CP, which has been effective
since April 01, 2021
[26] This Clause is added by Point b Clause 10
Article 1 of the Circular No. 49/2021/ND-CP, which has been effective since
April 01, 2021
[27] This Point is amended by Point c Clause 10
Article 1 of the Circular No. 49/2021/ND-CP, which has been effective since
April 01, 2021
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
[29] This Point is amended by Point d Clause 10
Article 1 of the Circular No. 49/2021/ND-CP, which has been effective since
April 01, 2021
[30] This Point is amended by Point d Clause 10
Article 1 of the Circular No. 49/2021/ND-CP, which has been effective since
April 01, 2021
[31] This Clause is amended by Point dd Clause
10 Article 1 of the Circular No. 49/2021/ND-CP, which has been effective since
April 01, 2021
[32] This Clause is amended by Point dd Clause
10 Article 1 of the Circular No. 49/2021/ND-CP, which has been effective since
April 01, 2021
[33] This Clause is amended by Point dd Clause
10 Article 1 of the Circular No. 49/2021/ND-CP, which has been effective since
April 01, 2021
[34] Title of this Article is amended by Point a
Clause 101Article 1 of the Circular No. 49/2021/ND-CP, which has been effective
since April 01, 2021
[35] This Clause is amended by Point b Clause 11
Article 1 of the Circular No. 49/2021/ND-CP, which has been effective since
April 01, 2021
[36] This Clause is added after Clause 9 by
Clause 12 Article 1 of the Circular No. 49/2021/ND-CP, which has been effective
since April 01, 2021
[37] This Point is amended by Point a Clause 13
Article 1 of the Circular No. 49/2021/ND-CP, which has been effective since
April 01, 2021
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
[39] This Clause is amended by Clause 14 Article
1 of the Decree No. 49/2021/ND-CP, which has been effective since April 01,
2021
[40] This Clause is amended by Clause 14 Article
1 of the Decree No. 49/2021/ND-CP, which has been effective since April 01,
2021
[41] This Clause is amended by Clause 14 Article
1 of the Decree No. 49/2021/ND-CP, which has been effective since April 01,
2021
[42] This Clause is amended by Clause 14 Article
1 of the Decree No. 49/2021/ND-CP, which has been effective since April 01,
2021
[43] This Article is added by Clause 15 Article
1 of the Circular No. 49/2021/ND-CP, which has been effective since April 01,
2021
[44] This Article is amended by Clause 16
Article 1 of the Decree No. 49/2021/ND-CP, which has been effective since
January 01, 2021
[45] This Article is amended by Clause 17
Article 1 of the Decree No. 49/2021/ND-CP, which has been effective since
January 01, 2021
[46] This Clause is amended by Point a Clause 18
Article 1 of the Circular No. 49/2021/ND-CP, which has been effective since
April 01, 2021
[47] This Clause is annulled by Clause 18
Article 1 of the Circular No. 49/2021/ND-CP, which has been effective since
April 01, 2021
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
[49] This Clause is annulled by Clause 18
Article 1 of the Circular No. 49/2021/ND-CP, which has been effective since
April 01, 2021
[50] This Clause is added after Point d by Point
a Clause 19 Article 1 of the Circular No. 49/2021/ND-CP, which has been
effective since April 01, 2021
[51] This Point is amended by Point b Clause 19
Article 1 of the Circular No. 49/2021/ND-CP, which has been effective since
April 01, 2021
[52] This Clause is amended by Point a Clause 20
Article 1 of the Circular No. 49/2021/ND-CP, which has been effective since
April 01, 2021
[53] This Clause is added after Clause 7 by
Point b Clause 20 Article 1 of the Circular No. 49/2021/ND-CP, which has been
effective since April 01, 2021
[54] The Decree No. 49/2021/ND-CP, which has
been effective since April 01, 2021, has the following transitional clause:
“Article 2.
Transitional clause
1. For housing
construction investment projects performed following the build-transfer (BT)
method, the transition process shall take place in accordance with regulations
of law on public-private partnership investment.
2. For commercial housing
and metro area projects whose investment guidelines decision or approval is
issued before the entry into force of this Decree, their social housing
obligations shall be fulfilled in compliance with regulations of the
Government’s Decree No. 100/2015/ND-CP dated October 20, 2015.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Applicants for
purchase, lease or lease purchase of social housing that have been appraised by
Departments of Construction of provinces where the projects are located and added
to list of entities eligible for purchase, lease or lease purchase of social
housing shall purchase, rent or lease purchase social housing with project
investors according to regulations of the Government’s Decree No.
100/2015/ND-CP dated October 20, 2015.
[55] Effect of the Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021:
“Article 3.
Effect
1. This Decree takes
effect from the date on which it is signed.
2. Ministries,
ministerial agencies, Governmental agencies and provincial People's Committees
shall provide guidelines for the Articles and Clauses assigned to them in this
Decree and review and amend or replace promulgated documents as appropriate to
regulations of this Decree.
3. Ministers, heads of
ministerial agencies, heads of Governmental agencies, Chairmen/Chairwomen of
People’s Committees of provinces and central-affiliated cities, and
organizations and individuals concerned are responsible for the implementation
of this Decree.