| THE MINISTRY OF CONSTRUCTION | THE SOCIALIST REPUBLIC OF VIETNAM |
| No. 08/VBHN-BXD | Hanoi, August 25, 2023 |
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.
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).
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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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 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.
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.
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.
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.
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.
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.
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.
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
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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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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
File gốc của Integrated document No. 08/VBHN-BXD dated August 25, 2023 Decree on development and management of social housing đang được cập nhật.
Integrated document No. 08/VBHN-BXD dated August 25, 2023 Decree on development and management of social housing
Tóm tắt
| Cơ quan ban hành | Bộ Xây dựng |
| Số hiệu | 08/VBHN-BXD |
| Loại văn bản | Văn bản hợp nhất |
| Người ký | Nguyễn Văn Sinh |
| Ngày ban hành | 2023-08-25 |
| Ngày hiệu lực | 2023-08-25 |
| Lĩnh vực | Bất động sản |
| Tình trạng | Còn hiệu lực |