Nghị định 49/2021/ND-CP

Decree No. 49/2021/ND-CP dated April 01, 2021 on amending some Articles of Government’s Decree No. 100/2015/ND-CP on development and management of social housing

Nội dung toàn văn Decree 49/2021/ND-CP amending some Articles of Government’s Decree 100/2015/ND-CP


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 49/2021/ND-CP

Hanoi, April 01, 2021  

 

DECREE

AMENDING SOME ARTICLES OF GOVERNMENT’S DECREE NO. 100/2015/ND-CP DATED OCTOBER 20, 2015 ON DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSING

Pursuant to the Law on Government Organization dated June 19, 2015 and Law on Amendments to the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

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

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Law on Housing dated November 25, 2014;

Pursuant to the Law on Real Estate Trading dated November 25, 2014;

Pursuant to the Law on Public Investment dated June 13, 2019;

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

Pursuant to the Law on Construction dated June 18, 2014; and Law on Amendments to Construction Law dated June 17, 2020;

Pursuant to the Law on Public - Private Partnership Investment dated June 18, 2020;

At the request of the Minister of Construction;

The Government hereby promulgates a Decree amending some Articles of Government’s Decree No. 100/2015/ND-CP dated October 20, 2015 on development and management of social housing.

Article 1. Amendments to some Articles of Government’s Decree No. 100/2015/ND-CP dated October 20, 2015 on development and management of social housing

1. Clauses 4, 5 and 6 are added after Clause 3 Article 1 as follows:

 “4. Investment guidelines of projects on investment in social house construction (hereinafter referred to as “social housing projects”) shall be approved in accordance with regulations of investment law.

5. During the appraisal for approving investment guidelines of social housing projects, appraising authorities shall obtain opinions on the content mentioned in Clause 6 of this Article from housing authorities.

6. 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 public investment capital and state capital not allocated to public investment);

c) Assessment of eligibility for being investors of social housing projects according to regulations of this Decree;

d) Type of house and standard for floor area of social housing;

dd) Mechanisms and policies supporting investors of social housing projects (compensation and land clearing costs; financial assistance for investment in technical infrastructure and other assistance policies).”

2. Clause 2 Article 3 is amended and Clauses 4 and 5 are added after Clause 3 Article 3 as follows:

a) Clause 2 is amended as follows:

 “2. “social house in industrial park” means a social house 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.”

b) Clause 4 and Clause 5 are added after Clause 3 as follows:

 “4. “projects on investment in social house construction” includes independent projects on investment in social house construction and projects on investment in social house construction using 20% of total residential land of projects on investment in commercial house construction (hereinafter referred to as “commercial housing projects”) that is allocated to social housing in case investors of such projects on investment in commercial house construction do not invest in construction of social housing.

5. “low-income person” means a worker of a regulatory body, unit or enterprise of any sector or a freelance worker in an urban area who does not have taxable income regularly according to regulations of law on housing and person income tax.”

3. Clauses 1 and 3 Article 4 are amended and Clause 1a is added after Clause 1 Article 4 as follows:

a) Clause 1 is amended as follows:

 “1. In cities of special class and classes I, II and III, during the process of developing, appraising, and approving urban planning, rural development planning, planning for industrial park development and planning for construction of higher education institutions and vocational schools (excluding scientific research institutes and public boarding general education schools for ethnic minorities in their provinces), provincial People’s Committees shall, based on demand for social housing in their provinces and approved housing development programs and plans, provide sufficient land for social housing development, direct regulatory bodies to determine the specific location and land area of each social housing project to ensure uniformity in terms of technical infrastructure and social infrastructure for social housing development.”

b) Clause 1a is added after Clause 1 as follows:

 “1a) In cities of classes IV and V, provincial People’s Committees shall, based on demand for social housing in localities where approved commercial housing projects are located or housing development programs and plans, request investors to allocate a part of residential land of projects where technical infrastructure has been invested in for social housing development.”

c) Clause 3 is amended as follows:

“3. 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. Article 5 is amended as follows:

“Article 5. Land for social housing development with regard to commercial housing and metro area construction investment projects

1. Commercial housing and metro 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 houses.

2. Investors of commercial housing and metro area projects using less than 2 ha of land in cities of special class and class I or less than 5 ha of land in cities of classes II and III are not required to allocate 20% of total land and shall pay land levy on all land used for their projects according to regulations of law on land.

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 houses in the province.

4. With regard to a commercial housing project or metro area project the investor of which is selected before this Decree comes into force but 20% land of which, which is allocated for construction of social houses, has not been provided, if the project is withdrawn as per the law and handed over 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 houses with public investment capital or state capital not allocated to public investment, investors of commercial housing and metro area projects shall invest in synchronized technical infrastructure in accordance with the planning approved by the competent authority before handing over such 20% land to the State.

When the investor of a commercial housing project or metro area project hands over 20% land to the State for construction of social houses, an amount equal to the compensation for land clearing 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 handed over 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 houses with central government budget, land for such construction shall be provided as follows:

a) With regard to a social housing project whose funding from central government budget makes up 50% of the total investment of the project or more, the People’s Committee of the province where the project is located shall take charge and cooperate with the Ministry of Construction in considering and deciding land for project performance.

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.”

5. Article 6 is amended as follows:

“Article 6. Land for social housing development in industrial parks

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 clearing and invest in construction of technical infrastructure of social houses for workers in such industrial park in accordance with the planning approved by the competent authority, and hand the land over to the social housing project investor selected according to Article 8 of this Decree to have the project executed. Compensation for and costs of land clearing and investment in construction of technical infrastructure of the social houses 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 clearing and compensation shall be covered by land levy and land rents retained by the local government;

b) If an industrial park has not used up its industrial land, the authority competent in adjusting the industrial park construction planning to allocate the unused industrial land for social housing and trade union institutions of service to the workers of the industrial park according to regulations in Clause 9 Article 77 of the Law on Investment No. 61/2020/QH14 dated June 17, 2020.”

6. Clause 2 Article 7 is annulled; and Points a and b Clause 1 Article 7 are amended as follows:

“a) If social houses are apartment buildings, the apartments must be enclosed structures that are designed and built in accordance with construction standards and regulations; the area of each apartment shall be between 25 m2 and 70 m2 and conformable with the construction planning approved by a competent authority.

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) If social houses are row houses 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;”

7. Clause 4 Article 8 is annulled; and Clauses 1, 2 and 3 Article 8 are amended as follows:

“1. Investors of social housing projects funded by public investment capital and state capital not allocated to public investment shall be selected in accordance with regulations of law on public investment and construction.

2. Investors of social housing projects not funded by public investment capital and state capital not allocated to public investment shall be selected as follows:

a) For cases provided for in Point a Clause 2 Article 57 of the Law on Housing, investors shall be selected in accordance with regulations of law on bidding;

b) For cases provided for in Point c Clause 2 Article 57 of the Law on Housing, investors shall be selected in accordance with regulations of law on investment. Investors applying to be investors of social housing projects must be licensed for real estate trading according to regulations of law on real estate trading and determined as investors of social housing projects in the written approval for investment guidelines;

c) For cases provided for in Point d Clause 2 Article 57 of the Law on Housing, investors shall be selected in accordance with regulations of law on housing. Investors applying to be investors of social housing projects must satisfy financial conditions for project performance according to regulations of law on land and relevant law provisions.

3. The Ministry of Construction shall provide guidelines for conditions and criteria for selection of investors of social housing projects.”

8. Clause 5 Article 9 is annulled; and Clauses 1 and 4 Article 9 are amended as follows:

a) Clause 1 is amended as follows:

“1. Investors of social housing projects not funded by public investment capital and state capital not allocated to public investment may be exempt from land levies and land rents in accordance with Point a Clause 1 Article 58 of the Law on Housing. To be specific:

a) These investors may be exempt from land levies and land rents for land allocated or leased out by the State, including land for construction of commercial works approved by the competent authority of their social housing projects.

The provincial People’s Committee shall consider and decide refund of land levy paid by the investor when receiving land from the State or land use rights from another organization, household or individual that is used for social housing construction, or land levy paid by the investor for the 20% land area, or deduction of such amount, including compensation and land clearing costs (if any), from the investor’s financial obligations to the State;

b) These investors may allocate 20% of total residential land where technical infrastructure has been invested in of their social housing projects (including projects that use 20% land) to construction of commercial housing in order to defray investment costs, reduce selling price, rent and lease purchase price of social houses, and reduce the costs of social housing management and operation after investment;”

b) Clause 4 is amended as follows:

 “4. Investors are entitled to partial or full funding for investment in technical infrastructure of their social housing projects from the provincial People’s Committee in accordance with Point d Clause 1 Article 58 of the Law on Housing.

Full funding shall be provided for investment in technical infrastructure of social houses 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.”

9. Clause 2 Article 12 is amended as follows:

 “2. Regulations on purchase of commercial housing for use as social housing:

a) Purchase of commercial housing for use as social housing using public investment capital shall be carried out in accordance with regulations of law on public investment.

b) A project on purchase of commercial housing for use as social housing must contain specific 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.”

10. Clauses 7 and 8 Article 16 are annulled; title of Article 16 is amended; title of Clause 2 Article 16 is amended; and Points d and dd Clause 2, Points dd and e Clause 3 and Clauses 4, 5 and 6 Article 16 are amended as follows:

a) Title of Article 16 is amended as follows:

“Article 16. Concessional loans for purchase and lease purchase of social housing; construction or renovation and repair of housing”

b) Title of Clause 2 is amended as follows:

 “2. In order to take out a loan for purchase or lease purchase of social housing, a household or individual must:”

c) Points d and dd Clause 2 are amended as follows:

“d) 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) have a contract for purchase or lease purchase of social housing with the investor according to regulations of this Decree and law on housing;”

d) Point dd and e Clause 3 are amended as follows:

“dd) have a certificate of land use rights or ownership of housing and other property on land in the district where the applicant registers their permanent residence issued by the competent authority in accordance with regulations of law on land;

e) have a pricing plan and construction permit for cases requiring a construction permit as per law on construction. If the applicant has a construction permit with definite term according to regulations of law, they may be considered for a loan suitable for the service life of the work;"

dd) Clauses 4, 5 and 6 are amended as follows:

“4. Maximum loans:

a) In 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 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. 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) 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. 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.”

11. Title of Article 17 and Clause 2 Article 17 are amended as follows:

a) Title of Article 17 is amended as follows:

“Article 17. State sources of concessional loans for implementation of social housing policies”

b) Clause 2 Article 17 is amended as follows:

“2. 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."

12. Clause 10 is added after Clause 9 Article 19 as follows:

 “10. 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 houses 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 house at the same location at the reselling time and the reselling is not subject to person income tax.

b) Persons reselling social houses to persons eligible for purchase or lease purchase of social housing shall transfer their social house purchase contracts with investors to the latter persons. Such reselling is not subject to person 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.”

13. Point dd Clause 1 Article 20 is amended and Clause 3 is added after Clause 2 Article 20 as follows:

a) Point dd Clause 1 is amended as follows:

 “dd) The investor of the social housing project 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 land use rights certificates and certificates of ownership of housing and other property on land, 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 a social house 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 respond after 15 working days from the receipt of the list, the investor shall request the eligible applicants to meet, discuss, and conclude the contracts. The Department of Construction shall update the list on its web portal and the web portal of the Ministry of Construction.

If a satisfactory applicant on the list no longer wishes to buy, lease, or lease purchase the social house, the investor shall return the application (including documents proving the eligibility for purchase, lease, or lease purchase of social housing) to the applicant.”

b) Clause 3 is added after Clause 2 as follows:

 “3. 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.“

14. Clauses 4, 5, 6 and 7 Article 21 are amended as follows:

 “4. The provincial People’s Committee shall appoint the Department of Construction or an affiliated authority to verify the selling prices, lease purchase prices, and rents of social housing invested in by capital other than state budget in the province according to the procedures provided for in Article 21a of this Decree.

5. 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. 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 house for lease. If the tenant pays a deposit as set out in this Clause, they shall receive a rent discount or exempt from rents for a certain period of time agreed by both parties.

Poor households, near-poverty households, and the entities specified in Clauses 1, 3, 9, and 10 Article 49 of the Law on Housing are not required to pay a deposit when renting social houses.

7. 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.”

15. Article 21a is added after Article 21 as follows:

 “Article 21a. Procedures for appraisal of selling prices, rents and lease purchase prices of social housing

1. The applicant shall submit one application (certified true copy) for appraisal of selling prices, rents and lease purchase prices of their social houses prepared 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 for price appraisal made using the form in Appendix I 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:

a) The Department of Construction or price appraising authority shall appraise the prices and rents and take responsibility before the provincial People's Committee for the appraisal results and deadline.

In case the applicant has finished building their social housing and had the project costs audited according to regulations, the Department of Construction may appraise the selling prices, rents and lease purchase prices of the houses based on the audit report.

b) Within 30 days starting from the date of receipt of a valid application, the Department of Construction or price appraising authority shall organize the appraisal and send a written notification of appraisal results to the applicant, which specifies which content is approved and which content requires adjustment (if any).

Based on the appraisal result notification, the applicant shall promulgate selling prices, rents and lease purchase prices of their social houses, 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 houses 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 houses 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 houses resold after leasing according to regulations.”

16. Article 22 is amended as follows:

 “Article 22. Documents proving eligibility for social housing assistance

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:

a) The entities specified in Clause 1 Article 49 of the Law on Housing must submit documentary proof per the law that they are people with meritorious services to revolutions, of their housing situation, and that they have not received state housing assistance issued by the People’s Committees of the communes where their permanent residences are registered;

b) The entities specified in Clause 4 of Article 49 of the Law on Housing must submit written confirmation of their eligibility issued by the People’s Committees of the communes where their permanent residences are registered or the communes where their temporary residences are registered for at least one year if their permanent residences are registered in other provinces and central-affiliated cities;

c) The entities specified in Clauses 5, 6 and 7 Article 49 of the Law on Housing must submit confirmation of their eligibility issued by their employers;  

d) The entities specified in Clause 8 Article 49 of the Law on Housing must submit documentary proof that they are eligible for renting official residences issued by official residence authorities;

dd) The entities specified in Clause 9 Article 49 of the Law on Housing must submit documentary proof of their eligibility issued by the training institutions where they are receiving training;

e) The entities specified in Clause 10 Article 49 of the Law on Housing must submit certified true copies of documents proving that they are on the list of entities whose residential land use rights, houses, and other property on land are withdrawn by competent authorities;

g) Persons with disabilities mentioned in Article 23 of this Decree must submit confirmation of their disabilities according to regulations of law on persons with disabilities.

3. Documents proving the applicant’s housing situation:

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;

c) The entities specified in Clause 9 Article 49 of the Law on Housing must submit confirmation that they have not rented housing in the training institutions where they are receiving training issued by these institutions;

d) The entities specified in Clause 10 Article 49 of the Law on Housing must submit confirmation issued by the People’s Committee of the district where the withdrawn land or house 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 house 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 1 year in the province or central-affiliated city where the social house is located;

c) Starting from the entry into force of the Residence Law (July 01, 2021), confirmation of permanent residence and temporary residence registration shall be carried out in compliance with the Residence Law; issued family registries and temporary residence registries may continue to be used and are equivalent to written confirmations of residence per this Law until December 31, 2022 inclusive.

5. Documents proving the applicant’s income situation:

a) Any entity specified in Clauses 5, 6 and 7 Article 49 of the Law on Housing must submit confirmation issued by their employer that their income is not subject to regular personal income tax according to regulations of law on personal income tax;

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.

7. The Ministry of Construction shall stipulate forms of the documents mentioned in this Article.”

17. Article 23 is amended as follows:

“Article 23. Rules and criteria for determination of entities eligible for purchase, lease or lease purchase of social housing

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 houses without drawing lots. Number of apartments (houses) 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 house 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.”

18. Clauses 3 and 5 Article 28 are annulled; and Clauses 2 and 4 Article 28 are amended as follows:

a) Clause 2 is amended as follows:

 “2. Issue regulations on management of the use and operation of social housing intra vires.”

b) Clause 4 is amended as follows:

 “4. Take charge and cooperate with other ministries, central authorities and provincial People’s Committees in providing guidance for development of a social housing database system and updates on the web portal of the Ministry of Construction; providing guidance for and carrying out intra vires inspections of development and management of social housing; assessing the implementation of this Decree; and proposing amendments according to the actual situation to the Government for consideration and decision.”

19. Point dd is added after Point d Clause 2 Article 29; and Point a Clause 4 Article 29 is amended as follows:

a) Point dd is added after Point d Clause 2 as follows:

 “dd) Provide guidelines for management and use of land levies on 20% of land of commercial housing and metro area projects mentioned in Clause 3 Article 5 of this Decree intra vires.”

b) Point a Clause 4 is amended as follows:

 “a) 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;”

20. Clause 1 Article 30 is amended; and Clause 8 is added after Clause 7 Article 30 as follows:

a) Clause 1 is amended as follows:

 “1. 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.”

b) Clause 8 is added after Clause 7 as follows:

 “8. Support project investors in connecting technical infrastructure of their projects with regional general infrastructure.”

21. Article 11 is annulled.

22. The phrase “dự án xây dựng nhà ở xã hội” (“social housing construction projects”)  in title of Article 8, title of Article 9, Clauses 1 and 2 Article 15 and Clause 1 Article 20 is replaced with the phrase “dự án đầu tư xây dựng nhà ở xã hội” (“projects on investment in social house construction”); and the phrases “dự án phát triển nhà ở thương mại, dự án đầu tư phát triển đô thị” (“commercial housing development projects, urban development investment projects”) and “dự án nhà ở thương mại, khu đô thị” (“commercial housing and metro area projects”) in Clause 2 Article 30 are replaced with the phrase “dự án đầu tư xây dựng nhà ở thương mại, khu đô thị” (“commercial housing and metro area construction investment projects”).

Article 2. Transitional clause

1. For housing construction investment projects performed following the build-transfer (BT) method, the transition process shall take place in accordance with regulations of law on public-private partnership investment.

2. For commercial housing and metro area projects whose investment guidelines decision or approval is issued before the entry into force of this Decree, their social housing obligations shall be fulfilled in compliance with regulations of the Government’s Decree No. 100/2015/ND-CP dated October 20, 2015.

3. For commercial housing and metro area 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.

Article 3. Implementation clause

1. This Decree takes effect from the date on which it is signed.

2. Ministries, ministerial-level agencies, Governmental agencies and provincial People's Committees shall provide guidelines for the Articles and Clauses assigned to them in this Decree and review and amend or replace promulgated documents as appropriate to regulations of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant regulatory bodies, organizations and individuals shall implement this Decree.

 

 

P.P. THE GOVERNMENT
THE PRIME MINISTER




Nguyen Xuan Phuc

 


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This translation is made by THƯ VIỆN PHÁP LUẬT and for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

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                Decree 49/2021/ND-CP amending some Articles of Government’s Decree 100/2015/ND-CP
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