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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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Resolution
No. 201/2025/QH15
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Hanoi,
May 29, 2025
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RESOLUTION
ON PILOTING CERTAIN SPECIAL MECHANISMS AND POLICIES FOR
SOCIAL HOUSING DEVELOPMENT
THE NATIONAL ASSEMBLY
Pursuant to the Constitution of
the Socialist Republic of Vietnam;
Pursuant to the Law on
Organization of the National Assembly No. 57/2014/QH13 as amended by Law No.
65/2020/QH14 and Law No. 62/2025/QH15;
Pursuant to the Law on Promulgation
of Legal Normative Documents No. 64/2025/QH15;
HEREBY RESOLVES:
Article 1.
Scope
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a) The National Housing Fund;
b) Appointment of the project owner
and approving the investment policies while simultaneously assigning the
developer without conducting a bidding process for social housing development
projects or housing for the armed forces that do not use public investment
capital.
c) Formulation, appraisal,
approval, and adjustment of detailed planning for social housing construction
projects;
d) Procedures for investment in
social housing construction;
dd) Determination of sale prices and
lease-purchase prices of social housing;
e) Housing-related conditions for
entitlement to social housing support policies;
g) Leasing of social housing and
worker accommodations in industrial parks;
h) Compensation, support,
resettlement, investment in technical infrastructure systems, and land reserve
creation for social housing development.
2. In this Resolution, "social
housing" collectively refers to social housing, worker accommodations in
industrial parks, and housing for the people’s armed forces as defined by the
Law on Housing, unless otherwise specified for each type of housing in
particular articles or clauses of this Resolution.
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This Resolution applies to
agencies, units, enterprises, organizations, and individuals involved in the
development, management, use, and ownership of social housing.
Article 3.
Legal application principles
1. In case of discrepancies on the
same matter between this Resolution and other laws or resolutions of the
National Assembly, the provisions of this Resolution shall prevail, except for
the provisions set out in Clause 2 of this Article.
2. If other legal normative
documents provide more favorable support or preferential policies than this
Resolution, the beneficiary may choose to apply such favorable support or
preferential mechanisms.
Article 4.
National Housing Fund
1. The National Housing Fund is a
state financial fund outside the state budget, with legal personality, and
operates on a non-profit basis.
The National Housing Fund includes:
the Central Housing Fund established by the Government and local housing funds
established by Provincial People’s Committees.
2. The National Housing Fund is
formed from state budget allocations; proceeds equivalent to the value of land
funds with completed infrastructure for social housing construction as
prescribed by the housing law; proceeds from the sale of state-owned housing;
proceeds from land use rights auctions as specified in Point b Clause 4 Article
12 of this Resolution; voluntary donations and contributions from domestic and
foreign organizations and individuals; other lawful mobilized sources.
3. The National Housing Fund is
used to invest in the construction of social housing; invest in technical and
social infrastructure of social housing projects; create social housing stock
for lease; provide housing for public officials, civil servants, and employees
for rent.
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1. Based on approved housing
development programs, plans, or urban and rural planning, or designated land
plots for social housing or housing for the people’s armed forces, the
appointment of project owners shall be as follows:
a) For projects that already have
approved investment policies or equivalent legal documents, competent state
agencies shall assign project owners without conducting bidding, except as
provided in Clause 1 Article 12 of this Resolution;
b) For projects without approved
investment policies or equivalent legal documents, competent state agencies
shall concurrently approve investment policy and appoint project owners without
bidding.
2. The authority to assign project
developers, approve investment policies, and concurrently appoint project
owners without conducting bidding shall be prescribed as follows:
a) Provincial People’s Committees
may appoint project owners or concurrently approve investment policy and assign
developers for social housing projects under Clause 1 of this Article, except
as specified in Point b;
b) The Ministry of National Defense
and the Ministry of Public Security may appoint project owners or concurrently
approve investment policy and assign developers for housing projects for the
armed forces under Clause 1 of this Article, after obtaining written agreement
from the Provincial People’s Committee on the land plot for such housing;
c) Provincial People’s Committees,
the Ministry of National Defense, and the Ministry of Public Security shall not
delegate or authorize this authority under Points a and b of this Clause.
3. An investor may be appointed as
the project owner if they meet the conditions applicable to real estate
business entities under the Law on Real Estate Business.
If two or more investors apply to
be assigned as project owner, priority criteria shall include: proven
experience in developing housing projects; financial capacity to implement the
project; other criteria as prescribed by the Government.
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The decision on project owner
appointment and the decision on investment policy approval concurrently with
project owner appointment without bidding shall serve as the basis for land
allocation, land lease, and permission to change land use purpose.
Article 6.
Formulation, appraisal, approval, and adjustment of detailed planning for
social housing construction projects
1. In cases where a social housing
construction project or its land plot does not yet have an approved detailed
planning, or where detailed planning adjustment is required, it is not
necessary to formulate, appraise, approve, or adjust the detailed planning
task.
Land use planning criteria and
requirements on spatial organization, architecture, and landscape defined in
the approved zoning planning or general planning (in areas not required to
prepare zoning planning) shall replace the detailed planning task and serve as
the basis for formulating, appraising, approving, and adjusting the detailed
planning.
2. The formulation, appraisal,
approval, and adjustment of detailed planning shall be carried out in
accordance with the laws on urban and rural planning.
Article 7.
Procedures for investment in social housing construction
1. Social housing construction
projects shall be exempt from appraisal of the feasibility study report by
specialized construction agencies as prescribed by the construction law. The
project owner and the investment decision maker shall be responsible for
organizing the appraisal and approval of the feasibility study report and for
ensuring compliance with the construction law.
2. The appraisal of fire prevention
and fighting designs by the competent construction authority, as prescribed by
the laws on fire prevention, firefighting, and rescue, shall be integrated into
the construction permit issuance procedures in cases where such a permit is
required, and shall be carried out by the competent permitting authority within
30 days from the date of receipt of a complete and valid application dossier.
3. In cases where a social housing
construction project, which is part of a social housing investment project, is
proposed to apply a standardized or typical design officially announced by a
competent state authority, in conformity with urban and rural planning and
meeting fire prevention and fighting requirements in accordance with the laws
on fire prevention, firefighting, and rescue, it shall be exempt from the
requirement to obtain a construction permit.
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Article 8.
Determination of sale price and lease-purchase price of social housing
1. Based on the methods for
determining social housing prices and the statutory profit margin as prescribed
by housing law, the project owner shall develop and may hire qualified
consultants in construction activities to verify the prices before approving
the sale or lease-purchase prices.
2. The sale and lease-purchase
prices of social housing may be determined for one or more buildings of a
social housing project, based on the implementation phase, investment
sub-phase, component project, or the entire project.
3. After construction works are
accepted and put into use, the project owner shall be responsible for
conducting an audit and final settlement of construction costs in accordance
with the law, and submit them to the provincial-level specialized agency for
inspection of the sale and lease-purchase prices. In case the selling price or
lease-purchase price of social housing, as determined through audit and final
settlement, is higher than the price already contracted by the project owner
with buyers or lease-purchasers, the project owner shall not collect the
difference from the buyers or lease-purchasers. If the audited and settled
price is lower, the project owner must refund the difference to the buyers or
lease-purchasers of social housing.
Article 9.
Housing conditions for eligibility for social housing support policies
1. For provinces and
centrally-affiliated cities that have undergone administrative reorganization,
the determination of housing conditions for individuals eligible to purchase or
lease-purchase social housing shall be based on the administrative boundaries
of the province or centrally-affiliated city where the project was located
prior to the reorganization, in accordance with the Housing Law.
2. In cases where individuals
eligible for social housing support under the housing law work far from their
place of residence, the condition for purchasing or lease-purchasing social
housing is that they have not yet purchased or lease-purchased social housing,
do not own a house, or own a house that is far from their workplace. Based on
local actual conditions, the Province-level People’s Committee shall detail the
case in which a person owns a house but it is far from their workplace, and is
therefore eligible for social housing support policies.
Article 10.
Lease of social housing and worker accommodation in industrial zones
1. Enterprises, cooperatives,
unions of cooperatives (hereinafter referred to as enterprises), state
agencies, political organizations, socio-political organizations, and public
service units may lease social housing from social housing project owners to
provide accommodation for their officials, civil servants, public employees,
workers, and employees, including foreign workers and employees. Manufacturing
enterprises in industrial zones may lease worker accommodation in industrial
zones to house their workers and employees, including foreign workers and
employees.
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3. Enterprises and public service
units that lease social housing from the project owner of a project for social
housing construction or worker accommodations in industrial zones for
accommodation of their officials, employees, workers, and laborers (including foreign
ones), may account rental expenses as part of their production and business
costs, regular operational expenses, or other legitimate expenses in accordance
with regulations on enterprises, public service units, tax laws, and other
relevant legal provisions. However, state budget funds shall not be used to pay
the rental expenses.
State agencies, political
organizations, and socio-political organizations leasing social housing to
accommodate their officials, civil servants, and employees paid by the state
budget shall be allocated state budget funds to lease social housing, provided
that budget estimates are approved by competent authorities in accordance with
the Law on State Budget.
Article 11.
Compensation, support, resettlement, investment in technical infrastructure,
and land fund creation for social housing development
1. The Province-level People’s
Committee shall be responsible for using the state budget from public
investment funds, regular expenditures, and other lawful sources in accordance
with the Law on State Budget, the Law on Public Investment, and other relevant
laws to implement compensation, support, resettlement, and synchronous
investment in technical infrastructure outside the project area to create land
funds for social housing development.
Priority shall be given to using a
portion of the amount equivalent to the value of land funds already invested
with technical infrastructure for social housing development, as prescribed by
the Housing Law, to carry out compensation, support, and resettlement in order
to create land funds for social housing development.
2. In cases where the investor has
land use rights obtained through land use right transfer agreements, the amount
paid by the investor for acquiring such rights shall be included in the project
investment costs, provided that it does not exceed the amount equivalent to
land use levies or land rents payable to the State, as determined according to
the land price table corresponding to the land type, land use form, and land
use duration of the transferred land at the time of transfer.
3. In cases where the investor
already holds the land use rights, the amount corresponding to the land use
levies or land rents payable to the State, as determined according to the land
price table based on the land type, land use form, and land use duration before
the conversion to residential land, at the time of approval for land use
purpose conversion, shall be included in the project investment costs.
Article 12.
Transition
1. If a social housing construction
investment project has issued invitations for expressions of interest or
bidding documents to select investors but, by the effective date of this
Resolution, has not yet completed the evaluation of submitted documents, the
Province-level People’s Committee shall decide whether to continue the
selection process under the Law on Bidding or to appoint the project owner in
accordance with this Resolution.
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If the investor has submitted a project
proposal and the proposal is under appraisal but has not yet received
investment policy approval by the effective date of this Resolution, the
Province-level People’s Committee shall continue the appraisal procedure.
Once the investment policy is approved, the Ministry of National Defense
or the Ministry of Public Security shall appoint the project owner as
stipulated in this Resolution.
3. For social housing construction
investment projects where the land plot designated for social housing development
has already undergone the formulation or appraisal of the detailed planning
task or the adjusted detailed planning task but has not yet been approved by
the competent authority, it shall not be required to appraise or approve such
detailed planning task or adjusted detailed planning task.
The project owner shall
proceed with the preparation, appraisal, approval, and adjustment of the
detailed planning pursuant to Article 6 of this Resolution and in compliance
with the laws on urban and rural planning.
4. In cases where a commercial
housing or urban area project has already been approved to hand over land
reserved for social housing to the State, but such land has not been handed
over or no investor has been selected for social housing development by the
effective date of this Resolution, the Province-level People’s Committee shall
decide based on one of the following options:
a) Assign the project owner role to
the investor of the commercial housing or urban area development project who
has handed over or is expected to hand over the land area designated for social
housing construction, allowing such investor to directly develop social
housing, provided that the investor has submitted a proposal and meets the
legal conditions applicable to real estate business entities as prescribed by
the law on real estate business.
b) Assign another organization to
develop social housing or conduct a land use right auction in accordance with
the law for the development of commercial housing, and allocate an amount equivalent
to the value of the auctioned land use right into the National Housing Fund, in
case the investor of the commercial housing or urban area development project
does not propose to directly develop social housing on this land area.
5. In case a commercial housing or
urban area development project had been approved for investment policy,
investment approval, or an equivalent legal document, and had reserved or was
required to reserve land for social housing construction prior to the effective
date of this Resolution, the Province-level People’s Committee shall, based on
local practical conditions and the proposal of the project owner, consider and
decide whether to allow the project owner to either allocate an equivalent land
area for social housing at another location outside the project site or to pay
an amount equivalent to the value of the land plot (including the cost of
technical infrastructure development) into the National Housing Fund for the
construction of social housing as prescribed in the Housing Law No.
27/2023/QH15, as amended and supplemented by Law No. 43/2024/QH15 (hereinafter
referred to as Housing Law No. 27/2023/QH15), without being required to undergo
investment policy adjustment procedures, except in the case specified in Clause
4 of this Article.
6. For social housing projects
developed on land reserved for social housing within commercial housing or
urban development projects that were approved for investment policy or had an
equivalent legal document issued prior to the effective date of the Housing Law
No. 27/2023/QH15, the determination of selling prices, hire-purchase prices,
and rental prices of social housing shall be carried out as follows:
a) In cases where the selling
price, lease-purchase price, or rental price of one or several buildings within
the project or its component subprojects was appraised by a competent state
authority prior to the effective date of the Housing Law No. 27/2023/QH15, or
where such prices were not appraised but the project owner requests continued application
of preferential policies under the housing laws in effect at the time of
investment policy approval, investment approval, or issuance of an equivalent
legal document, the pricing method for determining the selling price,
lease-purchase price, and rental price of social housing shall continue to
follow the housing laws in effect at the time of investment policy approval,
investment approval, or issuance of such equivalent legal document, prior to
the effective date of Housing Law No. 27/2023/QH15.
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The project owner shall pay land
use fees for the portion of land used for constructing commercial housing and
for the land area or commercial and service floor area that is transferred or
used as capital contribution, in accordance with the land law. The application
of the method for determining selling prices and hire-purchase prices of social
housing shall comply with the Housing Law No. 27/2023/QH15.
c) The investor shall develop and
approve the sale or lease-purchase prices of social housing under Article 8 of
this Resolution.
7. If the project owner has
submitted the request for appraisal of social housing selling prices and
lease-purchase prices but has not received the appraisal result from the
competent state agency by the effective date of this Resolution, the project
owner may decide to either continue the appraisal process in accordance with
the regulations effective prior to the effective date of this Resolution, or
apply the provisions of Article 8 of this Resolution, except for the case
specified in Clause 6 of this Article.
8. If a housing development project
is implemented on residential land designated for workers and employees in
industrial parks, and such project has been approved for investment policy,
investment approval, or an equivalent legal document, and has been completed
and put into use before the effective date of the Housing Law No. 27/2023/QH15
or is currently under implementation, the project owner is allowed to sell,
lease-purchase, or lease this housing stock to eligible beneficiaries of social
housing support policies in accordance with the Housing Law No. 27/2023/QH15
and this Resolution without having to carry out procedures for amending the
investment policy or other related procedures (if any) regarding the adjustment
of the eligible purchasers, lease-purchasers, or tenants of social housing.
Article 13.
Implementation
1. The Government, Ministries,
ministerial-level agencies, other central authorities, and local governments
shall uphold responsibility, particularly that of the heads of agencies, in
leading and directing the implementation of this Resolution, ensuring
transparency, efficiency, feasibility, and timely execution; preventing
loopholes, corruption, misconduct, policy abuse, losses, and waste.
2. The Government shall have the
following responsibilities:
a) To detail the implementation of
Article 4, Article 5, Clauses 2 and 3 of Article 7, and Article 8 of this
Resolution; to promulgate regulations for preventing loopholes, corruption,
misconduct, policy abuse, losses, and waste; to streamline construction investment
procedures and shorten timelines to accelerate social housing development; to
adopt measures for inspection and quality assurance of completed social
housing; and to promulgate other enforcement measures under the authority of
the Government;
b) To allocate and balance funding
or provide guidance to localities on budget allocation for social housing
development as prescribed in this Resolution; if beyond its competence, to
report to the National Assembly for consideration and decision; and during
intervals between National Assembly sessions, to report to the National
Assembly Standing Committee for consideration and decision;
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3. The Ministry of National
Defense, the Ministry of Public Security, the People’s Councils, and the
Province-level People’s Committees shall organize the implementation of this
Resolution within their respective jurisdictions. The Ministry of National
Defense, the Ministry of Public Security, and the Province-level People’s
Committees shall organize inspection and supervision of the implementation of
specific mechanisms and policies for social housing development prescribed in
this Resolution; report annual implementation results to the Government before
December 31 each year during the pilot period; and conduct preliminary and
final reviews to report to the Government for submission to the National
Assembly.
4. Enterprises, organizations, and
individuals involved in the investment and development of social housing shall
implement the provisions of this Resolution; be fully responsible for their
assigned tasks; proactively ensure timely implementation, quality, and legal
compliance; and shall not abuse policies, commit corruption or misconduct, or
cause losses or waste.
5. The National Assembly, the
Standing Committee of the National Assembly, the Ethnic Council, the Committees
of the National Assembly, delegations of National Assembly deputies, National
Assembly deputies, People’s Councils, committees of the People’s Councils,
deputies of the People’s Councils, and the Viet Nam Fatherland Front shall
supervise the implementation of this Resolution within the scope of their
duties and powers.
Article 14.
Entry into force
1. Entry into force of this
Resolution shall be as follows:
a) This Resolution comes into force
as of June 1, 2025, except as provided in Point b of this Clause;
b) Provisions in Article 4, Article
5, Clauses 2 and 3 of Article 7, Article 8, and Clauses 1, 2, 6, and 7 of
Article 12 of this Resolution come into force as of July 1, 2025;
c) This Resolution shall be
implemented for a period of five years from June 1, 2025.
2. From the date this Resolution
ceases to be in force, the national housing fund established under Article 4 of
this Resolution shall continue operating until new regulations are issued by
competent authorities.
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4. In case any legal normative
documents referred to in this Resolution are amended, supplemented, or
replaced, the corresponding provisions of the amended, supplemented, or
replaced documents shall apply, except as provided in Article 12 of this
Resolution.
This Resolution was adopted by
the National Assembly of the Socialist Republic of Viet Nam, 15th Legislature,
at its 9th session on May 29, 2025.
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Tran Thanh Man