Thông tư 09/2021/TT-BXD

Circular No. 09/2021/TT-BXD dated August 16, 2021 on instructions for implementation of several regulations of Government’s Decree No. 100/2015/ND-CP on social housing development and management, and Government’s Decree No. 49/2021/ND-CP on amendments and supplements to several articles of Government’s Decree No. 100/2015/ND-CP on social housing development and management

Nội dung toàn văn Circular 09/2021/TT-BXD instructions for implementation of Decree 100/2015/ND-CP


MINISTRY OF CONSTRUCTION
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 09/2021/TT-BXD

Hanoi, August 16, 2021

 

CIRCULAR

INSTRUCTIONS FOR IMPLEMENTATION OF SEVERAL REGULATIONS OF GOVERNMENT’S DECREE NO. 100/2015/ND-CP DATED OCTOBER 20, 2015 ON SOCIAL HOUSING DEVELOPMENT AND MANAGEMENT, AND GOVERNMENT’S DECREE NO. 49/2021/ND-CP DATED APRIL 1, 2021 ON AMENDMENTS AND SUPPLEMENTS TO SEVERAL ARTICLES OF GOVERNMENT’S DECREE NO. 100/2015/ND-CP DATED OCTOBER 20, 2015 ON SOCIAL HOUSING DEVELOPMENT AND MANAGEMENT

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Housing Law dated November 25, 2014;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Amendments and Supplements to certain articles of the Law on Construction dated June 17, 2020;

Pursuant to the Government’s Decree No. 100/2015/ND-CP dated October 20, 2015 on social housing development and management, and the Government’s Decree No. 49/2021/ND-CP dated April 1, 2021 on amendments and supplements to several articles of the Government’s Decree No. 100/2015/ND-CP dated October 20, 2015 on social housing development and management;

Pursuant to the Government's Decree No. 25/2020/ND-CP dated February 28, 2020, elaborating on a number of articles of the Law on Bidding with regard to contractor selection;

Pursuant to the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021, elaborating and providing guidance on implementation of the Law on Investment;

Pursuant to the Government's Decree No. 81/2017/ND-CP dated July 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Upon the request of the Director of the Housing and Real Estate Market Authority;

Minister of Construction hereby issues the Circular providing instructions for implementation of several regulations of the Government’s Decree No. 100/2015/ND-CP dated October 20, 2015 on social housing development and management, and the Government’s Decree No. 49/2021/ND-CP dated April 1, 2021 on amendments and supplements to several articles of the Government’s Decree No. 100/2015/ND-CP dated October 20, 2015 on social housing development and management.

Chapter I

GENERAL REGULATIONS

Article 1. Scope

1. This Circular provides instructions for implementation of several regulations of the Government’s Decree No. 100/2015/ND-CP dated October 20, 2015 on social housing development and management (hereinafter shortly referred to as Decree No. 100/2015/ND-CP), and the Government’s Decree No. 49/2021/ND-CP dated April 1, 2021 on amendments and supplements to several articles of the Government’s Decree No. 100/2015/ND-CP dated October 20, 2015 on social housing development and management (hereinafter shortly referred to as Decree No. 49/2021/ND-CP), with respect to: conditions and requirements for selection of investors in social housing projects; the method of determining the selling, lease or lease purchase price; sample proof of beneficiaries of and conditions for access to social housing support policies; sample contract for sale, lease or lease purchase of social housing.

2. The building of a social housing database, provision of updated information on persons who are allowed to buy, rent, or lease-purchase social housing on the website of the Ministry of Construction shall be subject to the regulations of this Circular and law on construction, management and use of housing and real property market information systems.

3. Minimum design standards and conditions for the construction of separate social housing units and the management of quality, use and operation of social housing built by investment of households and individuals shall be subject to regulations of legislation on housing, construction and planning.

4. The contents of the regulations on management of the use and operation of the social housing fund shall conform to housing law.

Article 2. Subjects of application  

This Circular shall apply to organizations, households, individuals and state regulatory authorities involved in social housing development and management activities under the provisions of the Decree No. 100/2015/ND-CP.

Chapter II

CONDITIONS AND REQUIREMENTS FOR SELECTION OF INVESTORS IN SOCIAL HOUSING CONSTRUCTION PROJECTS

Section 1. REGULATIONS ON SELECTION OF INVESTORS IN SOCIAL HOUSING CONSTRUCTION PROJECTS ACCORDING TO THE BIDDING METHOD

Article 3. Principles for selection of investors in social housing construction projects according to the bidding method

1. Investment projects on social housing construction subject to the mandatory requirements for selection of investors according to the bidding method must satisfy the conditions specified in Clauses 2, 3, 5 and 6 of Article 11 in the Government’s Decree No. 25/2020/ND-CP dated February 28, 2020, elaborating on the implementation of a number of articles of the Bidding Law on investor selection (amended and supplemented in Clause 4 of Article 108 in the Government’s Decree No. 31/2021/ND -CP dated March 26, 2021, elaborating and providing guidance on the implementation of the Investment Law) and the followings:

a) Do not use capital prescribed in clause 1 of Article 53 in the Housing Law for investment in social housing construction projects;

b) Do not fall into the cases specified in point c and d of clause 2 of Article 57 in the Housing Law (except the case stipulated in clause 3 of Article 8 herein);

c) Have received Decisions on approval of policies for investment in projects in accordance with laws on investment;

d) Have detailed construction plans already approved by competent state authorities.

2. The detailed processes and procedures for selection of investors in social housing investment and construction projects according to the bidding method are subject to the bidding law on selection of investors executing investment projects using land.

3. Investors winning bids become investors/owners of social housing investment and construction projects.

Article 4. Formulation, approval and announcement of the list of social housing investment and construction projects subject to the requirements for selection of investors according to the bidding method

The formulation, approval and publication of the list of social housing investment and construction projects subject to the requirements for selection of investors according to the bidding method shall be subject to the provisions of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021, elaborating and providing guidance on the implementation of the Law on Investment (hereinafter referred to as Decree No. 31/2021/ND-CP), and the Government’s Decree No. 25/2020/ND-CP dated February 28, 2020, implementing a number of articles of the Bidding Law on investor selection (hereinafter referred to as Decree No. 25/2020/ND-CP).

Article 5. Methods and standards for evaluation of bidding documents

1. Methods for evaluation of bidding documents prescribed in clause 2 of this Article are communicated through evaluation standards enclosed in invitations to bid, including:

a) Standards and methods for assessment of capacity and experience that are applied as prescribed in the Decree No. 25/2020/ND-CP.

a) Technical evaluation standards and methods that are applied as prescribed in the Decree No. 25/2020/ND-CP.

c) Standards and methods for financial – commercial evaluation that are applied as prescribed in the Decree No. 25/2020/ND-CP, except M3 requirement. The consideration of approval of winning bidders shall conform to the provisions of Article 6 herein.

2. Samples of invitations to submit expression of interest; preliminary request for qualifications and invitations to bid that are accessible to investors wishing to register for implementation of social housing investment and construction projects subject to the bidding requirements shall be regulated as follows:

a) They are used like those prescribed in laws on bidding (except m3 value).

b) Revision of these samples must conform to regulations of laws on bidding.

Article 6. Conditions and requirements for consideration of approval of winning bidders

1. Investors may be recommended as owners of social housing investment and construction projects through application of the bidding method when fully meeting the conditions specified in Clause 1; Clause 2; Clause 3; Points a and b of Clause 4 of Article 56 in the Decree No. 25/2020/ND-CP.

2. A bid-winning investor is the investor achieving the highest total score of all requirements according to the 100-point scale (in case where total scores of requirements are equal, the investor getting higher scores in requirements arranged in the order prescribed in this clause will be selected according to the principle that, if the earlier requirement has been met by a bidder, the requirements mentioned hereunder will be ignored) according to the following provisions:

a) Financial eligibility and soundness requirements for implementation of a project (Selecting the investor possessing equity conforming to regulations of laws on land which is higher...):   from 20 to 30 points.

b) Planning and architectural solution requirements (Selecting the investor submitting the proposal for the higher rate of green tree coverage, space for technical and social infrastructure in the project, public utilities and amenities meeting demands of residents at the project...): from 15 to 25 points.

c) Requirements concerning investment in technical and social infrastructure (Selecting the investor that is financially capable of paying in advance for site clearance, investment in development of technical and social infrastructure): from 10 to 20 points; if technical and social infrastructure is available for use in a project, all bidding investors will get the maximum score.

d) Requirements for professional experience of execution of housing projects (Selecting the investor executing more housing projects in the past):   from 5 to 15 points;

dd) Requirements concerning the schedule of completion and operation of the project (Selecting the investor submitted the proposal for shortest project completion time):  from 5 to 10 points.

Section 2. CONDITIONS AND REQUIREMENTS FOR SELECTION OF INVESTORS IN SOCIAL HOUSING CONSTRUCTION PROJECTS ACCORDING TO OTHER METHODS

Article 7. Conditions and requirements for selection of investors in social housing projects prescribed in point c of clause 2 of Article 57 in the Housing Law

1. As for the social housing projects prescribed in point c of clause 2 of Article 57 in the Housing Law, in order to obtain registration as owners of social housing projects, investors must meet conditions involving real estate business in accordance with laws on real estate business.

2. Competent authorities shall accept investment policies and approve of investors in projects in accordance with clause 5 of Article 29 in the Decree No. 31/2021/ND-CP if these investors are designated as owners of social housing projects in accordance with regulations laid down in clause 1 of this Article.

Article 8. Conditions and requirements for selection of investors in social housing projects prescribed in point d of clause 2 of Article 57 in the Housing Law

1. As for the social housing projects prescribed in point d of clause 2 of Article 57 in the Housing Law, in order to obtain registration as owners of social housing projects, investors must meet conditions involving financial eligibility and soundness in accordance with laws on land and other relevant legislation.

2. In case where only one investor applies for registration as projects owners, competent authorities shall accept investment policies and approve of that investor when that investor meet the conditions prescribed in clause 1 of this Article.

3. In case where there are at least two investors submitting valid application packages for execution of social housing projects at the same receiving venue, the selection of project owners shall be the same as that prescribed in section 1 of Chapter II herein.

Chapter III

METHODS OF CALCULATION OF SELLING, LEASE OR LEASE PURCHASE PRICES OF SOCIAL HOUSING PROJECTS

Article 9. Method of calculation of the selling price of social housing

The selling price of social housing:

Where:

- GiB (VND/m2) denotes the selling price per a usable square meter of an apartment (or housing unit) completely built at the location i.

- Td (VND) denotes total investment capital, inclusive of construction and other reasonable costs, distributed into the area of social housing for sale and calculated in line with the date of submission of application for review; including:

+ Construction costs comprising several or all of the costs constituting total construction cost, which is calculated according to laws on management of construction costs eligible for being distributed into the area of social housing for sale;

Construction costs are determined under laws on management of construction costs (inclusive of costs of compensation, site clearance, residential resettlement support activities and technical infrastructure (if any); general and administrative costs  eligible for being distributed into the area of social housing for sale);

+ Other reasonable costs, inclusive of selling and advertising costs (if any) and other costs necessary for execution of the project.  Total of other reasonable costs not exceeding 2% of total cost of construction of the social housing for sale.

- Tdv (VND) denotes the proceeds from sale, lease or lease purchase of the area of the commercial housing area in the social housing project that is distributed into the social housing area for sale and is calculated as follows: 

+ As for the commercial area in the social housing project referred to in point a of clause 8 of Article 1 in the Decree No. 49/2021/ND-CP (it should be clearly defined with respect to the social housing project approved by competent authorities), the project owner can sell, lease or lease purchase such area at the trading price (inclusive of exemption from land use levy) to persons having demands to offset costs of investment in social housing, contribute to reduction in the selling, lease, lease purchase price of social housing, and management or operating costs of social housing in the project.

Accounting for the proceeds from the commercial area of social housing used for offsetting the costs of social housing must clearly describe the portion of proceeds used for offsetting the selling price, the lease price, the lease purchase price and costs of management and operation of social housing, and must be clearly shown in the balanced budget for the entire project as prescribed at Point d of this Clause. The Department of Construction or the authority specializing in reviewing the selling, lease or lease purchase price of social housing within a local jurisdiction shall be responsible for checking this accounting activity performed by the project owner.

+ Proceeds from the sale, lease or lease purchase of commercial housing in the social housing project shall be specifically accounted for as follows:

In case where a project owner sells, leases or lease-purchases commercial housing, the proceeds from these activities shall be calculated on the actual basis (in case it cannot be calculated on the actual basis, the proceeds must be estimated for distribution) but, at minimum, shall not be less than the land use levy or the land rent exemption for the area of land used for construction of commercial housing. Based on the actual selling, lease or lease purchase price of commercial housing within a local jurisdiction, the project owner shall be responsible for distributing the proceeds to determine the selling, lease or lease purchase price of social housing with priority given to distribution of proceeds into the lease price of social housing to match the income of households and individuals entitled to housing support policies.

- L (VND) denotes the norm-bound profit which is 10% of total investment capital at maximum and is distributed into the area of social housing for sale. 

- SB (m2) denotes total usable area of social housing for sale in the project, including the area of the apartment or housing unit that the owner retains for their own use.

- Ki denotes the coefficient used for adjusting the selling price of the area at location i provided that it ensures conformity to the principle, according to which the collected profit is not in excess of the norm-bound profit of the project.

Article 10. Method of calculation of the lease price of social housing

The lease price of social housing:

Where:

- GiT (VND/m2/month) denotes the lease price per a usable square meter of an apartment (or housing unit) that is completely built at the location i within a month.

- Vd (VND/year) denotes total investment capital of social housing in the project which is distributed into the usable area of social housing for lease on a yearly basis according to the capital conservation principle, and is calculated according to the following formula:  

+ Td (VND) denotes total investment capital (inclusive of construction and other reasonable costs) distributed into the area of social housing for lease and calculated in line with the date of submission of application for review; including:

* Construction costs comprising several or all of the costs constituting total construction cost, which is calculated according to laws on management of construction costs eligible for being distributed into the area of social housing for lease;

* Other reasonable costs, inclusive of selling and advertising costs (if any) and other costs necessary for execution of the project.  Total of other reasonable costs not exceeding 2% of total cost of construction of the social housing for lease.

+ r (%/year) denotes the interest rate for investment capital conservation (calculated in year) subject to the decision of the person having competence in making investment decisions.

+ n denotes the number of years of capital recovery of the project defined by the competent decision maker, but not less than 15 years; with respect to social housing for lease, not less than 20 years.

- 12: denotes the number of lease months within a year. 

- L (VND/year) denotes the norm-bound profit which is measured in year, equals 15% of total investment capital at maximum and is distributed into the area of social housing for lease. 

- Bt (VND/year) denotes the average cost of project maintenance measured in year and distributed into the area of social housing for lease.

- Tdv (VND/year) denotes the proceeds from sale, lease or lease purchase of the area of the commercial housing area in the social housing project that is distributed into the social housing area for lease and is calculated in the same ways as prescribed in Article 9 herein; 

- SiT (m2) denotes the usable area of an apartment (or housing unit) for lease at the location i.

- Ki denotes the coefficient used for adjusting the lease price of the area at location i provided that it ensures conformity to the principle, according to which the collected profit is not in excess of the norm-bound profit of the project.

Article 11. Method of calculation of the lease purchase price of social housing

The lease purchase price of social housing is calculated according to the following formula:

Where:

- GiTM (VND/m2/month) denotes the lease purchase price per a usable square meter of an apartment (or housing unit) that is completely built at the location i within a month. The lease purchase price, exclusive of maintenance costs.

- Ai denotes the ratio between the residual value of an apartment (or housing unit) at location i (after deducting the down payment) compared to the original value of the apartment or housing unit for lease purchase purposes i (A < 1), calculated according to the lease purchase contract.

- Vd (VND/year) denotes total investment capital of social housing in the project which is distributed into the usable area of social housing for lease purchase purposes on a yearly basis according to the capital conservation principle, and is calculated according to the following formula: 

+ Td (VND) denotes total investment capital (inclusive of construction and other reasonable costs) distributed into the area of social housing for lease purchase purposes, and calculated in line with the date of submission of application for review; including:

* Construction costs comprising several or all of the costs constituting total construction cost, which is calculated according to laws on management of construction costs eligible for being distributed into the area of social housing for lease purchase purposes;

* Other reasonable costs, inclusive of selling and advertising costs (if any) and other costs necessary for execution of the project.  Total of other reasonable costs not exceeding 2% of total cost of construction of the social housing for lease purchase purposes.

+ r (%/year) denotes the interest rate for investment capital conservation (calculated in year) subject to the decision of the person having competence in making investment decisions.

+ n denotes the lease purchase period agreed upon between the seller and the lease-purchaser and not less than 05 years.

- L (VND/year) denotes the norm-bound profit of the project which is measured in year, equals 15% of total investment capital and is distributed into the area of social housing for lease purchase purposes. 

- Tdv (VND/year) denotes the proceeds from sale, lease or lease purchase of the area of the commercial housing area in the social housing project that is distributed into the social housing area for lease and is calculated in the same way as prescribed in Article 9 herein; 

- SiTM (m2) denotes the usable area of an apartment (or housing unit) for lease purchase purposes at the location i.

- Ki denotes the coefficient used for adjusting the lease purchase price of the area at location i provided that it ensures conformity to the principle, according to which the collected profit is not in excess of the norm-bound profit of the project.

Chapter IV

SAMPLE PROOF OF BENEFICIARIES OF AND CONDITIONS FOR ACCESS TO SUPPORT POLICIES; INFORMATION ABOUT PERSONS ELIGIBLE FOR PURCHASE, RENTAL AND RENTAL PURCHASE OF SOCIAL HOUSING

Article 12. Sample proof of beneficiaries of and conditions for purchase, rental and rental purchase of social housing

1. For family households and individuals wishing to purchase, rent and rent-to-purchase social housing:

a) Application form for purchase, rental and rental purchase of social housing that is prepared by using the Form No. 01 given in Appendix I hereto.

- Students of academies, universities, colleges, vocational education institutions; students of public boarding schools for ethnic minorities may complete the social housing rental registration form by using the Form No. 10 in Appendix I hereto.

b) Sample confirmation of eligible person and housing condition applicable to:

- Persons with meritorious services to the revolution stipulated in law on preferential treatment for people with meritorious services to the revolution (defined in Clause 1, Article 49 of the Law on Housing) use the Form No. 02 in Appendix I to this Circular.

- Employees working in enterprises inside and outside industrial zones; officers, professional non-commissioned officers, professional and technical non-commissioned officers, professional soldiers, workers for agencies and units of the People's Police and the People's Army; cadres, civil servants and public employees according to the provisions of the law on cadres, civil servants and public employees (defined in Clauses 5, 6 and 7 of Article 49 of the Law on Housing) use the Form No. 03 in Appendix I to this Circular. In case where they leave from work or taken paid leave according to the provisions of law, they can use the Form No. 04 in Appendix I to this Circular.

- Low-income earners, poor and near-poor households in urban areas (as defined in Clause 4 of Article 49 in the Law on Housing) use the Form No. 04 in Appendix I to this Circular.

- Persons who have returned official residences (as defined in Clause 8 of Article 49 in the Law on Housing) use the Form No. 05 in Appendix I to this Circular.

- Students of academies, universities, colleges, vocational education institutions; students of public boarding schools for ethnic minorities who are entitled to housing during their school time (according to clause 9 of Article 49 in the Housing Law0 use the Form No. 06 in Appendix I hereto.

- If households and individuals subject to the requirements for land recovery, residential resettlement and demolition in accordance with law have not yet received the State’s in-kind compensation paid in the form of residential house or land (as defined in Clause 10 of Article 49 in the Law on Housing), they use the Form No. 07 in Appendix I to this Circular.

c) Proof of eligibility for residence and payment of social insurance contribution that is prepared according to the regulations of Clause 16 of Article 1 in the Decree No. 49/2021/ND-CP.

d) Proof of income:

- Employees working in enterprises inside and outside industrial zones; officers, professional non-commissioned officers, professional and technical non-commissioned officers, professional soldiers, workers for agencies and units of the People's Police and the People's Army; cadres, civil servants and public employees according to the provisions of the law on cadres, civil servants and public employees (defined in Clauses 5, 6 and 7 of Article 49 of the Law on Housing) use the Form No. 08 in Appendix I to this Circular. In case where they leave from work or taken paid leave according to the provisions of law, they can use the Form No. 09 in Appendix I to this Circular (certification is not required).

- Low-income earners, poor and near-poor households in urban areas (as defined in Clause 4 of Article 49 in the Law on Housing) use the Form No. 09 in Appendix I to this Circular (certification is not required).

- Persons referred to in Clauses 1, 8, 9 and 10 of Article 49 of the Law on Housing are not required to submit proof of income.

2. In case of re-letting social housing to other persons eligible to buy or rent-purchase social housing as prescribed in Clause 12 of Article 1 in the Decree No. 49/2021/ND-CP, those persons who buy back social housing must have proof of persons eligible and conditions for purchase of social housing as prescribed in Clause 1 of this Article, and directly submit application for purchase of social housing to the project owner.

3. For households and individuals taking out preferential loans for construction, renovation or repair of residential houses according to the provisions of Clause 3 of Article 16 in the Decree No. 100/2015/ND-CP, sample proof of persons eligible and conditions for purchase of housing, residence and income is required according to the Form in Appendix II to this Circular.

Article 13. Provision of updated information on persons eligible for purchase, rental and rental purchase of social housing

1. 15 working days after receipt of the proposed List of persons eligible for purchase, rental, or rental-purchase of social housing as prescribed at Point a of Clause 13, Article 1 in the Decree No. 49/2021/ND-CP, the Department of Construction of the local jurisdiction where a housing project is located shall be responsible for checking and updating the list of persons eligible to buy, rent or rent-to-buy social housing on its website and the website of the Ministry of Construction according to regulations of Clause 2 of this Article.

2. The following information should be updated:

a) Full name;

b) Number of ID card or military ID card or 12-digit ID card or passport or household registry;

c) Permanent residence address;

d) Family members’ name;

dd) Social housing project title.

3. In case where a person wishing to buy, rent, or rent-to-purchase social housing has been included in the project owner's list of persons eligible for purchase, rental, or rental-purchase, but no longer needs to buy, rent or rent-to-own any social housing, the project owner shall be responsible for reporting to the Department of Construction to update the list of persons eligible to buy, rent, rent-to-purchase social housing on the websites of the Department of Construction and the Ministry of Construction.

4. While the database of persons who are eligible to buy, rent, or rent-to-purchase social housing is not available on the website of the Ministry of Construction yet, the Department of Construction shall publish this list on its website and, at the same time, sending it (in hard-copy and electronic form), enclosing the information stated in Clause 2 of this Article, through to the Ministry of Construction.

Article 14. Contracts for purchase, sale, rental or rental purchase of social housing

1. A contract for purchase, sale, rental or rental purchase of social housing must encompass the following main information:

a) Name and address of each contracting party;

b) Information about the contractual housing unit;

c) Sale, purchase, lease or lease purchase price;

d) Payment method and deadline;

dd) Handover deadline;

e) Warranty;

g) Contractual rights and obligations;

h) Contractual commitments;

i) Contract termination;

k) Other agreements;

l) Dispute settlement;

m) Effect;

2. For social housing that is an apartment building, the contract for sale, purchase, rental and rental-purchase must contain the information specified in Clause 1 of this Article and clarify the share of private ownership, the co-ownership area, the privately and commonly usable area of the project owner, the buyer, renter or lease purchaser of the apartment; the gross floor area of the ​​apartment; the carpet floor area of the apartment for calculation of the amount paid for purchase, sale, rental or rental purchase; maintenance expenses; fee amount and principles of adjustment of fees for management and operation of the apartment building during the period when the building’s governing board is not set up.

3. The contract for sale, purchase, rental or rental-purchase of social housing that is built without using the funds prescribed in clause 1 of Article 53 in the Law on Housing shall be made by using the Form No. 01, 02 and 03 in Appendix III to this Circular.

4. Sample contracts prescribed in this Article are used for reference only during the process of contract negotiation and conclusion. Contracting parties may agree to modify terms and conditions of the sample contract on condition that the contract entered into by the parties must ensure that all of the main information specified in Clauses 1 and 2 of this Article are included, and must not violate the provisions of the civil law and the law on housing.

Chapter V

IMPLEMENTATION AND ENTRY INTO FORCE

Article 15. Responsibilities of provincial People’s Committees

1. Perform assigned tasks related to the development and management of social housing within their remit in accordance with the provisions of the Law on Housing, Decree No. 100/2015/ND-CP, Decree No. 49/2021/ND-CP and this Circular.

2. Direct the Departments of Construction, People's Committees of districts and communes, official housing management agencies, training institutions and relevant authorities within their jurisdiction to provide certification for households and individuals requesting certification of eligible persons, actual housing conditions, residence conditions, income, or payment of social insurance contributions, who have not received the State’s compensation paid in residential houses or land upon land recovery in order to have access to social housing support policies according to regulations.

3. Direct the implementation of the provisions of laws on social housing; direct the inspection and examination of compliance with legislative regulations on social housing and impose sanctions within their jurisdiction or request competent agencies to sanction violations involving social housing within their remit.

4. Direct regulatory authorities to review the social housing development and management within their remit and report to the Ministry of Construction for their assessment every 6 months, every year or upon request.

Article 16. Responsibilities of Departments of Construction

1. Perform assigned tasks related to the development and management of social housing within their remit in accordance with the provisions of the Law on Housing, Decree No. 100/2015/ND-CP, Decree No. 49/2021/ND-CP and this Circular.

2. Every 6 months, every year or upon request, report to the People's Committees of provinces and the Ministry of Construction on social housing within their remit in accordance with the law on construction, management and use of information systems on housing and real estate markets.

Article 17. Transitional provisions

1. As for updating and releasing the List of information on persons eligible to buy, rent, or rent-to-purchase social housing within local jurisdictions before this Circular takes effect, the Department of Construction is responsible for completing these activities before March 31, 2022.

2. For selling, lease or lease-purchase prices of social housing which have been determined by housing project owners according to the formulas specified in the Circular No. 20/2016/TT-BXD dated June 30, 2016 of the Minister of Construction, providing guidelines for the implementation of a number of regulations of the Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on development and management of social housing (hereinafter referred to as Circular No. 20/2016/TT-BXD), if applications for price review are submitted before the effective date of this Circular, application requirements for price review according to the provisions of Circular No. 20/2016/TT-BXD shall continue to apply.

Article 18. Entry into force

1. This Circular shall enter into force as from October 1, 2021.

2. This Circular shall replace the Circular No. 20/2016/TT-BXD dated June 30, 2016 of the Minister of Construction.

3. In the course of implementation, in case where legislative documents used as references in this Circular have been amended or supplemented or replaced, new versions of these documents shall apply.

4. Ministries, Ministry-level agencies, Governmental bodies, other central authorities, People’s Committees at all levels, and other entities, organizations or individuals concerned, shall be responsible for implementing this Circular. In the course of implementation of this Circular, if there is any difficulty that arises, Ministries, Ministry-level agencies, Governmental bodies, other central authorities, People's Committees at all levels, and other entities or individuals concerned, should report to the Ministry of Construction to receive further instructions./.

 

 

PP. MINISTER
DEPUTY MINISTER




Nguyen Van Sinh

 

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                Circular 09/2021/TT-BXD instructions for implementation of Decree 100/2015/ND-CP
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                Cơ quan ban hànhBộ Xây dựng
                Người kýNguyễn Văn Sinh
                Ngày ban hành16/08/2021
                Ngày hiệu lực01/10/2021
                Ngày công báo...
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                Lĩnh vựcBất động sản
                Tình trạng hiệu lựcChưa có hiệu lực
                Cập nhật2 tuần trước
                (06/09/2021)

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                            Văn bản gốc Circular 09/2021/TT-BXD instructions for implementation of Decree 100/2015/ND-CP

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                            • 16/08/2021

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                              Trạng thái: Chưa có hiệu lực

                            • 01/10/2021

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                              Trạng thái: Có hiệu lực