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THE MINISTRY OF CONSTRUCTION
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 08/VBHN-BXD
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Hanoi, August 25, 2023
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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 Government’s
Decree No. 100/2015/ND-CP dated October 20, 2015 on development and
management of social housing, which has been effective since April 01, 2021.
The Government’s Decree
No. 104/2022/ND-CP dated December 21, 2022 on amendments to Decrees on
submission and presentation of family registers and temporary residence
registers upon carrying out administrative procedures or providing public
services, which has been effective since January 01, 2023.
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
Construction dated June 18, 2014;
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At the request of the
Minister of Construction;
The Government hereby
promulgates a Decree on development and management of social housing1.
Chapter
I
GENERAL
PROVISIONS
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 in 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 resolution for difficulties to manufacturing and business,
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.
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6.
4 Content of appraisal
for approval for investment guidelines of social housing projects includes:
a) Content 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 the capital sources or methods specified in
Clause 1 Article 53 of the Law on Housing No. 65/2014/QH13 amended by Point b
Clause 6 Article 99 of the Law on Public - Private Partnership (PPP) Investment
No. 64/2020/QH145);
c) Assessment of
eligibility for being investors of social housing projects according to
regulations of this Decree;
d) Type of housing and
standard for floor area of social housing;
dd) Mechanisms and
policies supporting investors in social housing projects (compensation and land
clearance costs; financial assistance for investment in technical
infrastructure and other assistance policies).
Article
2. Regulated entities
This Decree applies to:
1. Vietnamese, foreign
organizations and individuals from various economic sectors, Vietnamese
citizens residing abroad who 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.
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3. Entities permitted to
lease, lease purchase, buy social housing in accordance with the Law on
Housing.
4. Regulatory bodies and
other organizations involved in development and management of social housing.
Article
3. Interpretation of terms
For the purposes of this
Decree, the terms below are construed as follows:
1.
6 “households and
individuals” means individuals registered for permanent residence in the same
household and whose information has been updated on the National Population
Database and Residence Database as per the Law on Residence.
2.
7 “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 and which meets
the need of a household or individual working in an industrial park.
3. “social housing for
lease” means housing that is built to serve only the leasing purpose.
4.
8 “projects on investment
in social housing construction” includes 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
construction of commercial housing and urban areas for investment in
construction of social housing.
5.
9 “low-income person”
means a worker of a regulatory body, unit or enterprise of any sector or a
freeter in an urban area who does not have taxable income regularly according
to regulations of law on housing and personal income tax.
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DEVELOPMENT OF
SOCIAL HOUSING
Article
4. Rules for determination of land area for social housing development
1.
10 In special class,
class 1, class 2, and class 3 urban areas, during the process of developing,
appraising and approving urban planning; rural development planning; industrial park development planning; 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), the People’s Committees of
central-affiliated cities and provinces (hereinafter referred to as
“provinces”), in consideration of local demand for social housing, shall
provide sufficient land area for social housing development; direct competent
authorities 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). 11 In class IV and V urban areas,
provincial People’s Committees shall, based on demand for social housing in
localities where approved commercial housing and urban area construction
investment 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 and
information about the areas for social housing development must be publicly
posted on the web portals of the People’s Committee and housing authority of
the province in accordance with regulations of law on land and housing.
3.
12 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 area for social housing development with regard to commercial housing
and urban area construction investment projects 13
1. Commercial housing and
urban area construction investment projects (hereinafter referred to as
“commercial housing and metro area projects”) using land of 2 ha or more in
cities of special class and class I or 5 ha or more in cities of classes II and
III must allocate 20% of total land of detailed planning schemes approved by
competent authorities where technical infrastructure has been invested in to
build social housing.
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3. For cases requiring
allocation of 20% land for social housing construction according to
regulations, if such allocation is no longer appropriate due to change to the
general or detailed local planning, the provincial People’s Committee shall
report the situation to the Prime Minister for consideration and approval. If
the Prime Minister grants his approval, the provincial People's Committee
shall:
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 law provisions (if any);
c) Allocate and lease
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 or urban area construction investment 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
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 the capital sources or methods specified
in Clause 1 Article 53 of the Law on Housing No. 65/2014/QH13 amended by Point
b Clause 6 Article 99 of the Law on PPP Investment No. 64/2020/QH1414 allocated to public
investment, investors in commercial housing and urban area construction
investment 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 construction investment project
transfers 20% land to the State for construction of social housing, an amount
equal to the compensation for land clearance as 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:
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b) With regard to a
social housing project whose funding from central government budget makes up
less than 50% of the total investment of the project, the People’s Committee of
the province where the project is located shall consider and decide land for
project performance.
Article
6. Land for social housing development in industrial parks 15
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 of the
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 transfer the land 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 houses 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 clearing 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 clearance 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 areas of social housing
1. Types of housing and
standard areas of social housing are specified below:
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The construction density
or land use coefficient may be increased up to 1.5 times the applicable
standard or standard promulgated by the competent authority. Such increase must
be appropriate to the population target, technical infrastructure, social
infrastructure, space and landscape architecture in the approved detailed
planning and require approval the authority competent in approving the
planning.
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)17 If social housing is a row house with few
stories, the area of each house 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. (Repealed)18
Article
8. Procedures for selection of investors in social housing projects 19
1.
20 Investors in social
housing projects funded by the capital sources or methods specified in Clause 1
Article 53 of the Law on Housing No. 65/2014/QH13 amended by Point b Clause 6
Article 99 of the Law on Public - Private Partnership (PPP) No. 64/2020/QH1421 shall be selected in
accordance with regulations of law on public investment and construction.
2.
22 Investors in social
housing projects not funded by the capital sources or methods specified in
Clause 1 Article 53 of the Law on Housing No. 65/2014/QH13 amended by Point b
Clause 6 Article 99 of the Law on Public - Private Partnership (PPP) No.
64/2020/QH1423 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 of social housing projects in the written approval for
investment guidelines;
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3.
24 The Ministry of
Construction shall provide guidelines for conditions and criteria for selection
of investors of social housing projects.”
4. (Repealed)25
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 house.
Article
9. Incentives for investors in social housing projects 26
1.
27 Investors in
social housing projects not funded by the capital sources or methods specified
in Clause 1 Article 53 of the Law on Housing No. 65/2014/QH13 amended by Point
b Clause 6 Article 99 of the Law on Public - Private Partnership (PPP)
Investment No. 64/2020/QH141 for lease, lease purchase or sale 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:
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 according to
regulations in Article 5 of this Decree.
2. (Repealed)28
3. Investors may take
concessional loans from Vietnam Bank for Social Policies or credit institutions
in accordance with Point c Clause 1 Article 58 of the Law on Housing.
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.
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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. (Repealed)30
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 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;
b) ODA and other foreign
loans (if any).
2. Capital sources other
than state budget raised by various economic sectors (including households and
individuals) that invest in construction of social housing, including:
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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. (Repealed) 31
Article
12. Purchase of commercial housing as social housing
1. In an administrative
division, if the quantity of social housing is insufficient and there are
commercial housing projects that satisfy quality requirements according to
regulations of law on construction, the types and areas of which are
conformable with those of social housing, the competent authority may buy them
as social housing in accordance with Clause 2 of this Article.
2.
32 Regulations on
purchase of commercial housing for use as social housing:
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b) A project on purchase
of commercial housing for use as social housing must contain specific house
location, type and quantity, usable area of each house type, selling price,
relevant costs, sources of purchase capital, payment method, purchase
contracting body, management body of purchased houses, 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 houses and provide legal documents relevant to the
houses for the buyer;
c) After receiving the
housing, the investor in the social housing project shall manage it 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 People’s Committee of the
province or the Department of Construction.
Procedures for issuance
of the Certificate shall comply with regulations of law on land.
Chapter
III
CONCESSIONAL
LOANS FOR IMPLEMENTATION OF SOCIAL HOUSING POLICIES
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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.
2. Conditions, loan
amount, term, interest rates, policies on debt settlement and loan guarantee
shall comply with the decision to approve the housing program of a competent
authority.
Article
15. Concessional loans for construction of social housing
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a) Enterprises and
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,
cooperative engaged in industrial production and/or services that invest in
construction of houses for their own workers without collecting rents or
collecting rents that do not exceed the maximum rent for social housing imposed
by the People’s Committee of the province;
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 right in accordance with regulations of
law on land, and land clearance and compensation has been complete;
d) have obtained the
license for construction in accordance with regulations of law on construction;
dd) have a minimum
capital required by the loaning program of the lending credit institution;
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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;
c) Regarding projects on
construction social housing for sale, the minimum loan term is 05 years and the
maximum loan term is 10 years from the date of the first disbursement;
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.
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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 34
1. Eligible borrowers are
specified in Clauses 1, 4, 5, 6, and 7 Article 49 of the Law on Housing.
2.
35 In order to take out
a loan for purchase or lease purchase of social 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;
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d) 36 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) 37 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;
d) have a request for
grant of loan for construction, renovation, repair of the house which contains
a commitment that the applicant and other members in the household have not
taken concessional loans from other credit institutions;
dd)38 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;
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g) put up the land use
right, property on land, or other property as collateral as prescribed by law.
4.
40 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.
41 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.
6.
42 Loan term: the bank
and the client shall negotiate on the loan term as appropriate to the client’s
solvency, which shall not last for more than 25 years starting from the date of
the first disbursement.
7. The principal and
interest shall be paid in accordance with regulations of the lending credit
institution.
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Article
17. State sources of concessional loans for implementation of social housing
policies 43
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.
44 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.
b) The Government shall
on-lend ODA loans and foreign concessional loans to appointed credit
institutions to provide loans for social housing according to regulations of
this Decree.
Article
18. Management and use of sources of concessional loans
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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.
3. The tenant of social
housing must not sublease or transfer the housing in any shape or form during
the lease term under then contract with the landlord.
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.
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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.
45 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.
b) Persons reselling
social housing to persons eligible for purchase or lease purchase of social
housing shall transfer their social housing purchase contracts with investors
to the latter persons. Such reselling is not subject to personal income tax.
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.
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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 project on investment in social housing
construction46 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 project
on investment in social housing construction47 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;
dd)48 The investor
of the project on investment in social housing construction49 shall send the list of entities eligible for
purchase, lease, or lease purchase of social housing in order of priority
(according to the rules in Article 23 of this Decree) to the Department of
Construction of the province where the project is located in order to ensure
that no one receives social housing assistance more than once or no one having
housing or residential land; or having received state assistance for housing or
residential land; or having taxable income receives social housing assistance.
Issuers of Certificates, district-level People's Committees and local tax
authorities shall cooperate with Departments of Construction in verifying
information within their competence and take responsibility for verification
results.
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.
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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;
d) The People’s Committee
of the commune shall send copies of the applications and the list of entities
eligible to buy, lease, lease purchase social housing to the Department of
Construction for inspection and ensuring that an entities does not receive
social housing assistance more than once.
3.
50 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.
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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.
51 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 funded by the capital sources or methods
other than those specified in Clause 1 Article 53 of the Law on Housing No.
65/2014/QH13 amended by Point b Clause 6 Article 99 of the Law on PPP
Investment No. 64/2020/QH1421 within its province according to the procedures
provided for in Article 21a of this Decree.
5.
52 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.
6.
53 Tenants of social
housing shall pay a deposit to the landlord as agreed which must not exceed 3
months’ rent and must not fall below 01 month’s rent as a guarantee of the
tenant’s obligations.
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.
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7.
54 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 55
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);
c) Plan for determination
of selling prices, rents and lease purchase prices of social housing by the
applicant.
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:
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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 56
1. Any entity that is
specified in Article 49 of the Law on Housing but has not received social
housing assistance shall submit an application for social housing assistance,
which is made using the form stipulated by the Ministry of Construction,
documents proving their eligibility mentioned in Clause 2 of this Article and
documents proving their housing, residence and income situations mentioned in
Clauses 3, 4 and 5 of this Article.
2. Documents proving
eligibility for social housing assistance include:
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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:
a) The entities specified
in Clauses 1, 4, 5, 6 and 7 of Article 49 of the Law on Housing must submit
confirmation of their housing situations and that they have not received
housing or residential land assistance from 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;
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;
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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 registers and temporary
residence registers 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 residence 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;
b) The entities specified
in Clause 4 Article 49 of the Law on Housing shall declare their incomes and
take responsibility for such declaration. The Department of Construction shall contact
the Department of Taxation of the same province to verify their income tax
where necessary.
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.
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Article
23. Rules and criteria for determination of entities eligible for purchase,
lease or lease purchase of social housing 57
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.
The rules and criteria in
Clause 1 of this Article also apply to entities that apply for purchase, lease
or lease purchase of social housing of projects invested in by economic
sectors.
Article
24. Contracts for purchase, lease, or lease purchase of social housing
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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.
2. Investors in social
housing funded by sources of capital other than state budget are responsible
for management of operation and use of social housing. The investor is required
to use at least 20% of the total floor area of the project for lease. After at
least 05 years from the beginning day, the investor may sell such houses to the
tenants or the entities specified in Article 49 of the Law on Housing at prices
conformable with Article 21 of this Decree.
3. Management of use of
social housing being apartment buildings shall comply with regulations of law
on housing.
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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
1. Sellers, landlords,
landlords/sellers, buyers, tenants, and tenant/buyers of social housing have
the following rights and obligations:
a) The seller, landlord,
lease purchaser of social housing shall:
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- 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.
b) The buyer, tenant,
tenant/buyer of social housing shall:
- Have the right to
terminate the contract for purchase, lease, or lease purchase of social housing
as agreed therein;
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- 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.
2.
58 Issue regulations on
management of the use and operation of social housing intra vires.
3. (Repealed)59
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5. (Repealed) 61
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.
2. The Ministry of
Finance shall:
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;
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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)62 Provide guidelines for management and use of
land levies on 20% of land of commercial housing and urban area construction
investment 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:
a) 63 Promulgate
regulations on granting loans for social housing assistance by appointed credit
institutions; direct Vietnam Bank for Social Policies to provide guidance on
raising saving deposits and loan granting procedures as appropriate to the
organization and operation of Vietnam Bank for Social Policies;
b) Appoint some credit
institutions to grant loans as social housing assistance; perform other duties
specified in this Decree.
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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.
64 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; expropriate land of commercial housing and new urban area
construction investment project65
the investors in which have failed to stick to the schedule, provide 20% land
area for construction of social housing in commercial housing and new urban
area construction investment projects66 for investors who wish to build
social housing.
3.
67 Strictly monitor and
manage the purchase, lease, or lease purchase of social housing; publish
brackets of selling prices, rents, and lease purchase prices of social housing
in their provinces under their authority.
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.
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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.
68 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 69
1. If investors in housing
development projects for workers in industrial parks and housing development
projects for low earners in urban areas that have been launched in accordance
with the Prime Minister’s Decision No. 66/2009/QD-TTg April 24, 2009
and Decision No. 67/2009/QD-TTg dated April 24, 2009, the
Government's Decree No. 71/2010/ND-CP dated June 23, 2010 wish to
apply this Decree, it is subject to approval by the People’s Committees of
provinces.
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.
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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 70
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.
APPENDIX I 71
TEMPLATE FOR DOCUMENT
REQUESTING COMPETENT AUTHORITY TO APPRAISE SELLING PRICES, RENTS AND LEASE
PURCHASE PRICES AND OF SOCIAL HOUSING
(Enclosed with the Government’s Decree No. 49/2021/ND-CP dated April 01,
2021)
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No. ….
Re. Requesting appraisal of selling prices, rents and
lease purchase prices of social housing
1….., (date) ...
(month) ... (year) ...
To 2: ………………………………
Implementing the
regulations set out in the Law on Housing 2014, Government’s Decree No.
/2021/ND-CP dated April 01, 2021 amending some Articles of Government’s Decree
No. 100/2015/ND-CP dated October 20, 2015 on development and
management of social housing, , 3……….. has formulated a plan for
selling prices, rents and lease purchase prices of social housing under the
project (according to the pricing plan enclosed herewith).
2…….. is hereby kindly requested to consider and appraise
selling prices, rents and lease purchase prices and of social housing under the
project……. under applicable regulations of law.
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HEAD OF APPLICANT FOR PRICE APPRAISAL
(Signature, full name and seal)
___________________
1 Name of locality where the project is located.
2 Department of Construction or a local appraising authority.
3 Name of the applicant.
CERTIFIED BY
PP. THE MINISTER
THE DEPUTY MINISTER
Nguyen Van Sinh
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1 - Preludes to the
Government’s Decree No. 49/2021/ND-CP dated April 01, 2021 amending some
Articles of 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”):
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;
Pursuant to the Law on
Land November 29, 2013;
Pursuant to the Law on
Housing dated November 25, 2014;
The Law on Real Estate
Trading dated November 25, 2014;
The Law on Public
Investment dated June 13, 2019;
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;
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At the request of the
Minister of Construction,
- Preludes to the
Government’s Decree No. 104/2022/ND-CP dated December 21, 2022 on amendments to
Decrees on submission and presentation of family registers and temporary
residence registers upon carrying out administrative procedures or providing
public services (hereinafter referred to as “the Decree No. 104/2022/ND-CP”):
The Law on Government
Organization dated June 19, 2015; Law on Amendments to the Law on Government
Organization and Law on Local Government Organization dated November 22, 2019;
The Law on Residence
dated November 13, 2020;
At the request of the
Minister of Public Security;
- Preludes to the
Government’s Decree No. 35/2023/ND-CP dated June 20, 2023 on amendments to some
Articles of Decrees in the field of state management of the Ministry of
Construction (hereinafter referred to as “the Decree No. 35/2023/ND-CP”):
The Law on Government
Organization dated June 19, 2015; Law on Amendments to the Law on Government
Organization and Law on Local Government Organization dated November 22, 2019;
The Law on Promulgation
of Legislative Documents dated June 22, 2015; the Law on amendments to the Law
on Promulgation of Legislative Documents dated June 18, 2020;
The Law on Urban
Planning dated June 17, 2009;
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The Construction Law
dated June 18, 2014; the Law on amendments to some Articles of the Construction
Law dated June 28, 2020;
The Law on Housing
dated November 25, 2014;
The Law on Real Estate
Trading dated November 25, 2014;
The Law on
Architecture dated June 13, 2019;
The Law on Standards
and Technical Regulations dated June 29, 2006;
The Law on Product and
Goods Quality dated November 21, 2007;
The Law on Investment
dated June 17, 2020;
The Law on Public -
Private Partnership Investment dated June 18, 2020;
The Law on amendments
to some Articles concerning planning of 37 Laws dated November 20, 2018;
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2 This Clause is added by
Clause 1 Article 1 of the Government’s 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 Government’s 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 Government’s Decree No. 49/2021/ND-CP, which has been
effective since April 01, 2021.
5 The phrase “vốn đầu tư
công, vốn nhà nước ngoài đầu tư công” (“public investment capital or state
capital not allocated to public investment”) is replaced with the phrase “nguồn
vốn hoặc hình thức quy định tại khoản 1 Điều 53 của Luật Nhà ở số 65/2014/QH13
đã được sửa đổi, bổ sung tại điểm b khoản 6 Điều 99 của Luật PPP số
64/2020/QH14” (“capital sources or methods specified in Clause 1 Article
53 of the Law on Housing No. 65/2014/QH13 amended by Point b Clause 6 Article
99 of the Law on PPP Investment No. 64/2020/QH14”) as prescribed in Clause 6
Article 6 of the Decree No. 35/2023/ND-CP, which has been effective since June
20, 2023.
6 This Clause is amended
by Article 7 of the Government’s Decree No. 104/2022/ND-CP, which has been
effective since January 01, 2023.
7 This Clause is amended
by Point a Clause 2 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021.
8 This Clause is amended
by Clause 1 Article 6 of the Government’s Decree No. 35/2023/ND-CP, which has
been effective since June 20, 2023
9 This Clause is added by
Point b Clause 2 Article 1 of the Government’s Decree No. 49/2021/ND-CP, which
has been effective since April 01, 2021
10 This Clause is
amended by Point a Clause 3 Article 1 of the Government’s Decree No.
49/2021/ND-CP, which has been effective since April 01, 2021
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12 This Clause is
amended by Point c Clause 3 Article 1 of the Government’s Decree No.
49/2021/ND-CP, which has been effective since April 01, 2021
13 This Article is
amended by Clause 4 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
14 The phrase “vốn đầu
tư công, vốn nhà nước ngoài đầu tư công” (“public investment capital or state
capital not allocated to public investment”) is replaced with the phrase “nguồn
vốn hoặc hình thức quy định tại khoản 1 Điều 53 của Luật Nhà ở số 65/2014/QH13
đã được sửa đổi, bổ sung tại điểm b khoản 6 Điều 99 của Luật PPP số
64/2020/QH14” (“capital sources or methods specified in Clause 1 Article
53 of the Law on Housing No. 65/2014/QH13 amended by Point b Clause 6 Article
99 of the Law on PPP Investment No. 64/2020/QH14”) as prescribed in Clause 6
Article 6 of the Decree No. 35/2023/ND-CP, which has been effective since June
20, 2023.
15 This Article is
amended by Clause 5 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
16 This Point is amended
by Clause 6 Article 1 of the Government’s Decree No. 49/2021/ND-CP, which has
been effective since April 01, 2021
17 This Point is amended
by Clause 6 Article 1 of the Government’s Decree No. 49/2021/ND-CP, which has
been effective since April 01, 2021
18 This Clause is repealed
by Clause 6 Article 1 of the Government’s Decree No. 49/2021/ND-CP, which has
been effective since April 01, 2021
19 The phrase “dự án xây
dựng nhà ở xã hội” (“social housing construction project”) is replaced with the
phrase “dự án đầu tư xây dựng nhà ở xã hội” (“project on investment in
construction of social housing”) as prescribed in Clause 22 Article 1 of the
Government’s Decree No. 49/2021/ND-CP, which has been effective since April 01,
2021
20 This Clause is
amended by Clause 7 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
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22 This Clause is
amended by Clause 7 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
23 The phrase “vốn đầu
tư công, vốn nhà nước ngoài đầu tư công” (“public investment capital or state
capital not allocated to public investment”) is replaced with the phrase “nguồn
vốn hoặc hình thức quy định tại khoản 1 Điều 53 của Luật Nhà ở số 65/2014/QH13
đã được sửa đổi, bổ sung tại điểm b khoản 6 Điều 99 của Luật PPP số
64/2020/QH14” (“capital sources or methods specified in Clause 1 Article
53 of the Law on Housing No. 65/2014/QH13 amended by Point b Clause 6 Article
99 of the Law on PPP Investment No. 64/2020/QH14”) as prescribed in Clause 6
Article 6 of the Decree No. 35/2023/ND-CP, which has been effective since June
20, 2023.
24 This Clause is
amended by Clause 7 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
25 This Clause is
repealed by Clause 7 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
26 The phrase “dự án xây
dựng nhà ở xã hội” (“social housing construction project”) is replaced with the
phrase “dự án đầu tư xây dựng nhà ở xã hội” (“project on investment in
construction of social housing”) as prescribed in Clause 22 Article 1 of the
Government’s Decree No. 49/2021/ND-CP, which has been effective since April 01,
2021
27 This Clause is
amended by Clause 2 Article 6 of the Government’s Decree No. 35/2023/ND-CP,
which has been effective since June 20, 2023
28 This Clause is
repealed by Clause 5 Article 6 of the Government’s Decree No. 35/2023/ND-CP,
which has been effective since June 20, 2023
29 This Clause is
amended by Point b Clause 8 Article 1 of the Government’s Decree No.
49/2021/ND-CP, which has been effective since April 01, 2021
30 This Clause is
repealed by Clause 8 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
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32 This Clause is
amended by Clause 9 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
33 The phrase “dự án xây
dựng nhà ở xã hội” (“social housing construction project”) is replaced with the
phrase “dự án đầu tư xây dựng nhà ở xã hội” (“project on investment in
construction of social housing”) as prescribed in Clause 22 Article 1 of the
Government’s Decree No. 49/2021/ND-CP, which has been effective since April 01,
2021
34 Title of this Article
is amended by Point a Clause 10 Article 1 of the Government’s Decree No.
49/2021/ND-CP, which has been effective since April 01, 2021
35 Title of this Clause
is amended by Point b Clause 10 Article 1 of the Government’s Decree No.
49/2021/ND-CP, which has been effective since April 01, 2021
36 This Point is amended
by Point c Clause 10 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
37 This Point is amended
by Point c Clause 10 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
38 This Point is amended
by Point d Clause 10 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
39 This Point is amended
by Point d Clause 10 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
40 This Clause is
amended by Point dd Clause 10 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
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42 This Clause is
amended by Point dd Clause 10 Article 1 of the Government’s Decree No.
49/2021/ND-CP, which has been effective since April 01, 2021
43 Title of this Article
is amended by Point a Clause 11 Article 1 of the Government’s Decree No.
49/2021/ND-CP, which has been effective since April 01, 2021
44 This Clause is
amended by Point b Clause 11 Article 1 of the Government’s Decree No.
49/2021/ND-CP, which has been effective since April 01, 2021
45 This Clause is added
by Clause 12 Article 1 of the Government’s Decree No. 49/2021/ND-CP, which has
been effective since April 01, 2021
46 The phrase “dự án xây
dựng nhà ở xã hội” (“social housing construction project”) is replaced with the
phrase “dự án đầu tư xây dựng nhà ở xã hội” (“project on investment in
construction of social housing”) as prescribed in Clause 22 Article 1 of the
Government’s Decree No. 49/2021/ND-CP, which has been effective since April 01,
2021
47 The phrase “dự án xây
dựng nhà ở xã hội” (“social housing construction project”) is replaced with the
phrase “dự án đầu tư xây dựng nhà ở xã hội” (“project on investment in
construction of social housing”) as prescribed in Clause 22 Article 1 of the
Government’s Decree No. 49/2021/ND-CP, which has been effective since April 01,
2021
48 This Point is amended
by Point a Clause 13 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
49 The phrase “dự án xây
dựng nhà ở xã hội” (“social housing construction project”) is replaced with the
phrase “dự án đầu tư xây dựng nhà ở xã hội” (“project on investment in
construction of social housing”) as prescribed in Clause 22 Article 1 of the
Government’s Decree No. 49/2021/ND-CP, which has been effective since April 01,
2021
50 This Clause is added
by Point b Clause 13 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
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52 This Clause is
amended by Clause 14 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
53 This Clause is
amended by Clause 14 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
54 This Clause is
amended by Clause 14 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
55 This Article is
amended by Clause 15 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
56 This Article is
amended by Clause 16 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
57 This Article is
amended by Clause 17 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
58 This Clause is
amended by Point a Clause 18 Article 1 of the Government’s Decree No.
49/2021/ND-CP, which has been effective since April 01, 2021
59 This Clause is
repealed by Clause 18 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
60 This Clause is
amended by Point b Clause 18 Article 1 of the Government’s Decree No.
49/2021/ND-CP, which has been effective since April 01, 2021
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62 This Point is added
after Point d as prescribed in Point a Clause 19 Article 1 of the Government’s
Decree No. 49/2021/ND-CP, which has been effective since April 01, 2021
63 This Point is amended
by Point b Clause 19 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
64 This Clause is
amended by Point a Clause 20 Article 1 of the Government’s Decree No.
49/2021/ND-CP, which has been effective since April 01, 2021
65 The phrase “dự án nhà
ở thương mại, khu đô thị” (“commercial housing and urban area projects”) is replaced
with the phrase “dự án đầu tư xây dựng nhà ở thương mại, khu đô thị”
(“commercial housing and urban area construction investment projects”) as
prescribed in Clause 22 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
66 The phrase “dự án nhà
ở thương mại, khu đô thị” (“commercial housing and urban area projects”) is
replaced with the phrase “dự án đầu tư xây dựng nhà ở thương mại, khu đô thị”
(“commercial housing and urban area construction investment projects”) as
prescribed in Clause 22 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
67 This Clause is
amended by Clause 4 Article 6 of the Government’s Decree No. 35/2023/ND-CP,
which has been effective since June 20, 2023
68 This Clause is added
by Point b Clause 20 Article 1 of the Government’s Decree No. 49/2021/ND-CP,
which has been effective since April 01, 2021
69 - The Decree No.
49/2021/ND-CP, which comes into force from April 01, 2021, has the following
transitional clause:
“Article 2.
Transitional clause
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2. With regard to a
commercial housing or urban area construction investment project 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.
3. For commercial housing
and urban area construction investment projects under 10 ha, if fulfillment of
their social housing obligations by payment is approved before the entry into
force of this Decree but, by the entry into force of this Decree, their
investors have not made the payment, their investors shall pay an amount
corresponding to the value of 20% of land at the time of completion of
technical infrastructure construction.
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.”
- Clause 4 Article 16 of
the Decree No. 35/2023/ND-CP, which has been effective since June 20, 2023, has
the following transitional clause:
“4. Transitional
clause on amendments to Decree No. 100/2015/ND-CP (amended by Decree
No. 49/2021/ND-CP)
a) In the case of a
social housing construction investment project for which an investment
guideline decision or a written approval for investment guidelines or a
decision on approval for investment guidelines has been issued within the
period from the effective date of Decree No. 100/2015/ND-CP to before the
effective date of Decree No. 49/2021/ND-CP and to which incentives
offered to project investors according to regulations of Decree No. 100
/2015/ND-CP are being applied, such incentives will continue to be applied as
prescribed in Article 9 of Decree No. 100/2015/ND-CP;
b) In the case of a
social housing construction investment project for which a decision on approval
for investment guidelines has been issued within the period between the
effective date of Decree No. 49/2021/ND-CP to before the effective date of this
Decree and to which incentives offered to project investors according to
regulations of Decree No. 49/2021/ND-CP are being applied, such incentives will
continue to be applied as prescribed in Article 1 of Decree No. 49/2021/ND-CP;
c) In the case of a
social housing construction investment project not funded by the capital
sources or methods specified in Clause 1 Article 53 of the Law on Housing No.
65/2014/QH13 amended by Point b Clause 6 Article 99 of the Law on PPP
Investment No. 64/2020/QH14 as prescribed in Clause 6 Article 6 of the Decree
No. 35/2023/ND-CP for which a decision on approval for investment guidelines
has been issued by the competent authority within the period between the
effective date of Decree No. 49/2021/ND-CP to before the effective date of this
Decree and to which the incentives specified in Point a Clause 1 Article 58 of
the Law on Housing No. 65/2014/QH13 have yet to be applied, the investor in
such project will be entitled to the incentives as specified in Point a Clause
1 Article 58 of the Law on Housing No. 65/2014/QH13”.
70 - Implementation
clause of the Decree No. 49/2021/ND-CP dated April 01, 2021:
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1. This Decree comes into
force from the day on which it is signed.
2. Ministries,
ministerial agencies, Governmental agencies and People's Committees shall
provide guidelines for implementation of the Articles and Clauses assigned to
them in this Decree and review and amend or replace promulgated documents to
make them conformable with regulations of this Decree.
3. Ministers, heads of
ministerial agencies, heads of Governmental agencies, Chairpersons of People’s
Committees of provinces and central-affiliated cities and relevant agencies,
organizations and individuals shall implement this Decree.”
- Implementation clause
of the Decree No. 104/2022/ND-CP dated December 21, 2022:
“Article 15.
Responsibility for implementation and implementation clause
1. Ministers, heads of
ministerial agencies, heads of Governmental agencies, Chairpersons of People's
Committees of provinces and central-affiliated cities shall implement this
Decree and announce administrative procedures under their authority.
2. This Decree comes into
force from January 01, 2023.
3. From the effective
date of this Decree, administrative procedures and public services requiring
the submission and presentation of family registers and temporary residence
registers shall be replaced by the use of information on residence as
prescribed in Article 14 of this Decree”.
- Implementation clause
of the Decree No. 35/2023/ND-CP dated June 20, 2023:
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Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. This Decree comes into
force from the day on which it is signed.
2. Ministers, heads of
ministerial agencies, heads of Governmental agencies, Chairpersons of People’s
Committees of provinces and central-affiliated cities and relevant agencies,
organizations and individuals shall implement this Decree.”
71 This Appendix is
added by Clause 15 Article 1 of the Government’s Decree No. 49/2021/ND-CP, which
has been effective since April 01, 2021