THE GOVERNMENT

-------



No. 100/2015/ND-CP

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

---------------


Hanoi, October 20, 2015

 

DECREE

DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSES


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;

Pursuant to the Law on Land November 29, 2013;

At the request of the Minister of Construction,

The Government promulgates a Decree on development and management of social houses.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree elaborates and provides guidelines for some Articles and Clauses on development and management of social houses specified in the Law on Housing No. 65/2014/QH13 (hereinafter referred to as the Law on Housing).

2. Social houses invested 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.

Article 2. Regulated entities

This Decree applies to:

1. Vietnamese, foreign organizations and individuals from various economic sectors, Vietnamese citizens residing abroad who invest in development of commercial housing; invest in development of social houses for lease, for lease purchase, or for sale according to the Law on Housing.

2. Households and individuals that invest in construction of social houses for lease, for lease purchase, or for sale according to the Law on Housing.

3. Entities permitted to lease, lease purchase, buy social houses in accordance with the Law on Housing.

4. Regulatory bodies and other organizations involved in development and management of social houses.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Households and individuals are those whose names are written in the family register or temporary residence registered issued in accordance with the Law on Residence.

2. Social houses serving demand of households and individuals working in industrial parks, export-processing zones, hi-tech zones, small and medium industrial complexes, industrial and handicraft facilities (including harvesting and processing facilities) of various economic sectors.

3. Social houses for lease are social houses that are built to serve only the leasing purpose.

Chapter II

SOCIAL HOUSING DEVELOPMENT 

Article 4. Rules for determination of land area for social housing development 

1. In special class, class 1, class 2, and class 3 urban areas, during the process of developing, appraising, and approving urban planning, land-use planning, construction planning for rural residential areas, planning for development of industrial parks, the People’s Committees of central-affiliated cities and provinces (hereinafter referred to as provinces), in consideration of local demand for social houses, shall provide sufficient land area for social housing development, direct certifying body 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.

2. Land area, information about the areas for social housing development must be publicly posted on the web portal or the People’s Committee and housing authority of the province in accordance with regulations of law on land and housing.

3. The use of land for social housing development must comply with urban planning, land-use planning, planning for rural residential area approved by competent authority, and the license for construction issued by a competent authority (if any).

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 project, urban development project

1. Investors in commercial housing projects, urban development projects, regardless of land area (including construction projects under BT contracts and BOT contracts) in class 3 urban areas or above must use at least 20% of the land area of the detailed planning scheme or total area for construction of infrastructure approved by a competent authority to build social houses.

Investors in commercial housing project and urban development project shall directly make investment in construction of social houses of the 20% land area (unless this area is withdrawn by the State to build social houses funded by state budget and the investors do not wish to participate).

2. If a commercial housing project or urban development project uses less than 10 hectares of land, the investor may decide between using 20% of the land area for construction of social houses as set out in Clause 1 of this Article, or convert a quantity of houses equivalent to 20% of the land area (according to land price) into social houses, or pay an amount of money equivalent to 20% of the land area (according to the land price).

3. If 20% of the land area is used for construction of social houses against the local planning or the land area used for construction of social houses is below 20% as set out in Clause 1 of this Article, the People’s Committee of the province shall request the Prime Minister to consider granting an approval.

4. With regard to a commercial housing project or urban development project the investor in which is selected before this Decree comes into force but 20% of land area for construction of social houses has not been provided, if such project is withdrawn and transferred to another investor after this Decree comes into force, such investor shall develop or adjust the planning which uses 20% of the land area for construction of social houses in accordance with Clause 1 and Clause 2 of this Article.

5. Where the State uses the 20% land area to build social houses with state budget, the investor in the commercial housing project and urban development project has the responsibility to invest in a uniform infrastructure in accordance with the planning approved by a competent authority before transferring such 20% land area to the State.

When transferring 20% land area to the State for construction of social houses, the investor shall be have the costs of compensation for land clearance, construction of infrastructure, and other legitimate costs related to the 20% land area reimbursed (or deducted from the investor’s liability to state budget). The amount that remains after reimbursement or deduction shall be included in the costs of social housing construction invested by the State.

6. If the State directly invests in construction of social houses with central government budget, land area shall be provided as follows:

a) With regard to a social housing project that receives capital from central government budget that makes up 50% of the total investment in the project or over, the People’s Committee of the province where the project is located shall cooperate with the Ministry of Construction in selecting land for executing it. 

b) With regard to a social housing project that receives capital from central government budget that makes up less than 50% of the total investment in the project, the People’s Committee of the province where the project is located shall select land for executing it. 

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

1. During the process of development of an industrial park, the local management board of the industrial park or the enterprise running the industrial park’s infrastructure shall organize land clearance and invest in infrastructure of social houses for workers in such industrial park in accordance with the planning approved by a competent authority, and transfer it to the selected investor specified in Article 8 of this Decree to execute the social housing project. The cost of land clearance and compensation and investment in construction of infrastructure of social houses shall be partially or fully included in the prices for infrastructural services of the industrial parks.

2. If an industrial park has been built but there are not enough houses for workers, the People’s Committee of the province shall make or adjust the planning to provide sufficient land area for social housing development, organize land withdrawal, land clearance and compensation in order for the selected investor specified in Article 8 of this Decree to execute the social housing project. The cost of land clearance and compensation is covered by the land levies and land rents retained by the local government.

If an industrial park has not used up the industrial land area, the People’s Committee of the province shall adjust the construction planning and land-use planning in order to repurpose such land, or request the Prime Minister to permit the use of part of the industrial park’s land area for construction of social houses for workers therein.

3. The land clearance and compensation serving construction of social houses for workers in industrial parks shall comply with regulations of law on land.

Article 7. Types of houses and standard areas of social houses 

1. Types of houses and standard areas of social houses are specified below:

a) If social houses are apartment buildings, the apartments must be designed and built in accordance with construction standards and regulations; the area of each apartment is from 25 m2 to 70 m2 and conformable with the construction planning approved by a competent authority. The investor may increase the construction density or land use factor up to 1.5 times the applicable standard established by a competent authority.

depending on local conditions, the People’s Committee of the province may increase the maximum area of an apartment by up to 10%; the quantity of apartments whose floor area is over 70 m2 must not exceeds 10% of the total quantity of apartments of the social housing project.

a) If social houses are row houses, the area of each apartment must not exceed 70 m2 and land use coefficient does not exceed 2 times according to the construction planning approved by a competent authority.

Social housing projects that are row houses are subject to approval by President of the People’s Committee of the province. With regard to social housing projects in special class, class 1, and class 2 urban areas, the People’s Committee of the province shall report and consult with the People’s Council of the same province before issuing the decision on investment policies.

c) The design of detached social houses invested by households and individuals must ensure construction quality, conformity with planning, and minimum requirements imposed by competent authorities. The Ministry of Construction shall provide specific guidance on design standards and minimum requirements for detached social houses.

2. Social housing projects invested by state budget must apply the typical designs issued by competent authorities. Other designs proposed by investors are subject to approval by the authority that issues the decision on investment policies.

Article 8. Procedures for selection of investors in social housing projects

1. The Ministry of Construction shall report to the Prime Minister to select investors in social housing projects invested by the capital sources or methods specified in Clause 1 Article 53 of the Law on Housing which belong to central capital sources.

Within 30 days from the receipt of the report from the Ministry of Construction, the Prime Minister shall issue a decision on investor selection or authorize the Ministry of Construction to select the investor.

2. Departments of Construction of provinces shall report to the People’s Committee of the same provinces to select investors in social housing projects invested by the capital sources or methods specified in Clause 1 Article 53 of the Law on Housing which belong to capital sources of local governments or authorize the People’s Committees of districts therein to do so.

Within 30 days from the receipt of the report from the Department of Construction, the People’s Committee of the province shall issue a decision on investor selection or authorize the People’s Committee of the district to do so. In case of authorization, within 30 days from the receipt of the report from the letter of authorization from the People’s Committee of the province, the People’s Committee of the district shall issue a decision on investor selection.

3. Departments of Construction shall report to the People’s Committees of provinces to select investors in social houses invested by capital sources or methods other than those specified in Clause 1 Article 53 of the Law on Housing in accordance with Clause 2 Article 57 of the Law on Housing and instructional documents issued by competent authority.

Within 30 days from the receipt of the report from the Department of Construction, the People’s Committee of the province shall issue a decision on investor selection or authorize the People’s Committee of the district to do so. In case of authorization, within 30 days from the receipt of the report from the letter of authorization from the People’s Committee of the province, the People’s Committee of the district shall issue a decision on investor selection.

4. The investor shall follow procedures for issuance of a decision on investment policies; develop, review, and launch the social housing project in accordance with regulations of law on housing and relevant regulations of law.

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

1. Investors in social housing projects that are not funded by state budget are entitled to exemption of land levies and land rents in accordance with Point a Clause 1 Article 5 of the Law on Housing. To be specific:

a) Exemption of land levies and land rents for the land area allocated or leased out by the State, including land area for construction of commercial works approved by a competent authority within the social housing project;

The People’s Committee of the province shall consider refunding the land levies paid by the investor when receiving land from the State or receiving land use right (LUR) from another organization, household, or individual which is used for construction of social houses, or land levies paid by the investor for 20% land are, or deduct such amount from the investor’s financial obligations to the State.

b)  20% of the total land area within the social housing project (including projects that use 20% land area) may be used for construction of commercial works (including commercial housing) in order to defray the costs of investment, reduce selling prices and rents for social houses, reduce the cost of social houses operation after investment;

c) If the detailed planning of the project approved by a competent authority does not have a separate land area for commercial works, the investor may use 20% of the total floor area of the project for sale, lease, lease purchase at commercial prices. The commercial area must be included in the project and ensure conformity with maximum profit principle as set out in Article 21 of this Decree. Apart from the commercial are specified in Point c of this Clause, the investor has the responsibility to use an area to serve daily life of residents of the project (community area, parking area, and other essential infrastructural works). This area is determined according to applicable standards, regulations, and architectural planning approved by a competent authority.

2. The investor is entitled to exemption and/or reduction of value-added tax (VAT) and corporate income tax (CIT) in accordance with Point b Clause 1 Article 8 of the Law on Housing and regulations of law on taxation. 

With regard to construction of social houses for lease, the investor is entitled to 70% reduction of VAT and CIT in accordance with effective regulations of law on taxation applied to social houses.

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 houses 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.

4. The investor shall receive partial or full funding for investment in infrastructure within the social housing project from the People’s Committee of the province in accordance with Point d Clause 1 Article 58 of the Law on Housing.

Full funding shall be provided for investment in construction of social houses for lease. 

5. The investor is exempt from procedures for fundamental design review if the project uses the typical design issued by a competent authority, and is not required to hire a consultancy contractor or construction contractor if capable of doing so themselves according to regulations of law on construction.

6. Households and individuals investing in social houses that satisfy 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 bylaw;

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 houses, including:

a) Existing capital of the investors or households and individuals;

b) Concessional loans granted by Vietnam Bank for Social Policies or credit institutions appointed by the State as specified in Chapter III of this Decree;

c) Issuance of bonds under guarantee by the Government as defined by regulations of law on issuance of Government bonds, municipal bonds, and bonds invested by enterprises;

d) Commercial loans granted by credit institutions established and operated in accordance with law;

dd) Loans granted by local housing development funds (if any), funds of the Ministry of National Defense that are established and operated in accordance with law (if any);

e) Other legitimate sources of capital defined by law.

Article 11. Social housing development under BT contracts

1. According to the local social housing development planning of the province, the Department of Construction shall compile a list of social housing projects under BT contracts and establish criteria for selection of BT investors, submit a report to the People’s Committee of the province, and, if approved, publish the list, information about social housing projects under BT contracts, and criteria for investor selection on the web portals of the People’s Committee of the province and the Department of Construction for at least 30 working days for interested investors to register.

2. The selection of investors in social housing projects shall comply with regulations of law on housing and relevant regulations of law.

3. The Department of Construction shall request the People’s Committee of the province to consider signing BT contracts or authorizing the Department of Construction to sign BT contracts. BT investors formulate a detailed planning (on a scale of 1:500) and submit it to a competent authority for approval (if the project area has not had a 1:500 detailed planning) and formulate a social houses project in accordance with regulations of law on housing and relevant regulations of law.

4. The social housing project under a BT contract shall be launched in accordance with regulations of law on construction.

5. After the construction of social houses under a BT contract is complete and accepted, the BT investor shall transfer the houses to the Department of Construction for operate as prescribed.

6. The BT investor shall be paid in accordance with applicable regulations of 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 houses, the competent authority may buy them as social housing in accordance with Clause 2 of this Article.

2. Commercial housing shall be bought as social housing as follows:

a) If capital is provided by central government budget, the Ministry of Construction shall take charge and cooperate with the Ministry of Finance in planning a project and submit it to the Prime Minister for approval, or approve it if authorized by the Prime Minister;

b) If capital is provided by the Ministry of National Defense or the Ministry of Public Security, the Ministry of National Defense or the Ministry of Public Security shall appoint an affiliated agency to plan the project and submit a report to the Ministry of National Defense or the Ministry of Public Security for approval, or approve it if authorized by the Ministry of National Defense or the Ministry of Public Security;

c) If capital is provided by local government budget, the Department of Construction shall take charge and cooperate with the Department of Finance in planning a project and submit it to the People’s Committee of the province for approval;

d) If the commercial housing project must contain specific location, characteristics, types, quantity of houses, usable areas of each type, prices, relevant costs, capital sources, method of payment, contracting agency, operating agency, and responsibilities of relevant agencies 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 houses, the investor in the social housing project shall manage them 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 Right, Ownership of House and Property on Land (hereinafter referred to as Certificates) for the buyer. In the case specified in Point a Clause 2 of this Article, the Certificate shall be granted to the Ministry of Construction; in the case specified in Point b Clause 2 of this Article, the Certificate shall be granted to the Ministry of National Defense or the Ministry of Public Security; in the case specified in Point c Clause 2 of this Article, the Certificate shall be granted to the People’s Committee of the province or the Department of Construction.

Procedures for issuance of the Certificate shall comply with regulations of law on land.

Chapter III

CONCESSIONAL LOANS FOR IMPLEMENTATION OF SOCIAL HOUSING POLICIES

Article 3. Rules for granting concessional loans

1. Concessional loans shall be grant 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

1. Eligible borrowers:

a) Enterprises, 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 houses 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;

e) obtain a loan guarantee or take a mortgage as prescribed by law.

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 houses 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 houses 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 houses 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 houses 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 of social houses 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.

6. The principal and interest shall be paid in accordance with regulations of the lending credit institution.

7. Loan interest:

a) The concessional rates of Vietnam Bank for Social Policies are decided by the Prime Minister at the request of the Board of Directors at that time;

b) The concessional rates of credit institutions are decided and announced by the State bank of Vietnam; such rates shall not exceed 50% of the average interest rate of banks at the same time.

8. Disbursement: capital is disbursed according to the progress of the project and at the investor’s request. The amount disbursed depends on the completion of the works according to technical checkpoints.

Article 16. Concessional loans for purchase, lease, lease purchase of social housing; construction, renovation, repair of housing

1. Eligible borrowers are specified in Clause 1, 4, 5, 6, and 7 Article 49 of the Law on Housing.

2. In order to take a loan for purchase, lease, 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;

c) have sources of income and be able to pay debt as agreed with Vietnam Bank for Social Policies or a credit institution appointed by the State;

d) have a request for grant of loan for purchase, lease, lease purchase of social housing which contains a commitment that the applicant and other members in the household has not taken concessional loans from other banks for purchase, lease, lease purchase of social housing;

dd) has a contract for purchase, lease, lease purchase of social housing with the investor as set out in this Decree and regulations of 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 house, a household or individual must:

a) has enough capital to participate in the loaning program of the Vietnam Bank for Social Policies or a credit institution appointed by the State;

b) has 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 banks;

dd) have a Certificate issued by a competent authority in accordance with regulations of law on land;

e) have a design, estimate, or pricing plan as prescribed by regulations of law on construction;

g) put up the land use right, property on land, or other property as collateral as prescribed by law.

4. Maximum loans:

a) In case of purchase, lease, or lease purchase of social housing, the maximum loan is 80% of the value of the purchase, lease, or lease purchase contract;

b) In case of construction, renovation, or repair of a house, the maximum loan is 70% of the estimate or loaning plan and must not exceed 70% of the collateral value.

5. 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;

a) The concessional rates of credit institutions are decided by the Prime Minister at the request of the State bank of Vietnam at that time.

6. The minimum loan term is 15 years from the date of the first disbursement. Any borrower that wishes to have a shorter loan term than may reach an agreement with the lending bank.

7. The principal and interest shall be paid in accordance with regulations of the lending credit institution.

8. The loan shall be disbursed in accordance with the loan contract between the household/individual and the lending credit institution.

Article 17. Sources of concessional loans for implementation of social housing policies

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 â 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. Sources of concessional loans from credit institutions:

According to the social housing development plan approved by a competent authority, 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 concessional loans at an interest rate not exceeding 50% the average interest rate of banks at the same time.

Article 18. Management and use of sources of concessional loans 

1. The management of sources and use of concessional loans for social housing are executed by Vietnam Bank for Social Policies or credit institutions appointed by the State.

2. Bad debts shall be settled in accordance with regulations of the Prime Minister.

3. Vietnam Bank for Social Policies and credit institutions shall provide specific instructions on raising saving deposits and other contents related to concessional loans within the scope of their functions, tasks, and entitlements.

Chapter IV

MANAGEMENT AND USE OF SOCIAL HOUSING 

Article 19. Purchase, lease, or lease purchase of social housing 

1. Eligible buyers, tenants 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 invested by state budget shall comply with regulations of law on management and use of state-owned houses.

3. The tenant of a social house must not sublease or transfer the house in any shape or form during the lease term under then contract with the landlord.

4. The buyer or tenant/buyer of a social house must not put it up as collateral (except pledging it to the bank to as security for a mortgage loan on the same house) 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 house is completely made under the contract with the seller of seller/landlord. The house may only be sold, mortgage, or leased out after the Certificate is granted.

Since the buyer or tenant/buyer of the social house is permitted to sell it, apart from the amounts payable when selling houses as prescribed by law, the seller of an apartment shall pay 50% of the land levy on such apartment to the State; the seller of a row house shall pay 100% of land levy according to the land prices imposed by the People’s Committee of the province at that time.

5. Before the end of the 5-year period, if the buyer or tenant/buyer wishes to sell the social house, it may only be sold to the State (in case of lease purchase of a social house invested by the State) or to the investor in the social housing project (in case of purchase or lease purchase of a social house invested 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 of 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 houses 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 houses 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. 

Article 20. Procedures for purchase, lease, or lease purchase of social housing

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 social housing project shall publicly post information about the project (project’s name, investor, location, 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 social housing project 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 may be 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 houses 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 houses 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 houses, 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) The investor in 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.

Where an entity on the aforementioned list has received assistance from the State in the form of housing or residential land, 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.

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;

e) Each household or individual that wishes to buy, lease, or lease-purchase a social house may submit an application for a project. If the project does not have enough houses 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 house 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 houses, the investor shall compile a list of entities (including household members) that have bought, leased, lease-purchased social houses, 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 houses invested 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 peoples’ supervision;

c) According to the information published, people who wish to buy, lease, or lease purchase social houses 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 houses to the People’s Committee of the commune for consideration and certification before the investor and the buyers, tenants, tenants/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 houses to the Department of Construction for inspection and ensuring that an entities does not receive social housing assistance more than once.

Article 21. Selling prices, rents, and lease purchase prices of social housing 

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 house value and the rest periodically as agreed between the seller/landlord and the buyer/tenant from the day on which the house is transferred; the minimum lease purchase period is 05 years from the day on which the seller/landlord transfers the house 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.

4. The People’s Committee of the province shall appoint a competent authority to verify the selling prices, lease purchase prices, and rents for social housing invested by sources of capital other than state budget in the province.

5. With regard to social housing invested by households and individuals for lease, for lease purchase, or for sale, the investors shall determine the prices and rents which must not exceed the bracket imposed by the People’s Committee of the province.

6. Tenants of social housing shall pay a deposit to the landlord as agreed which must not exceed 12 months’ rent and must not fall below 03 months’ rent as a guarantee of the tenant’s obligation.

The tenant and landlord may agree upon a higher deposit 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, he/she will 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 Clause 1, 3, 9, and 10 Article 49 of the Law on Housing, it is not required to pay a deposit when leasing social houses.

7. Social housing buyers, tenants, tenants/buyers may take concessional loans from Vietnam Bank for Social Policies or credit institutions appointed by the State to pay the prices or rents in 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 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 and documents proving their eligibility as follows:

a) The entities specified in Clause 1 Article 49 of the Law on Housing must submit documents proving they are war-time contributors, their housing situation, and that they have not received assistance from the State issued by the People’s Committee of the commune where their permanent residences are registered;

b) The entities specified in Clause 4 through 7 of Article 49 of the Law on Housing must submit certifications of their eligibility and housing conditions issued by their employers;

c) The entities specified in Clause 8 Article 49 of the Law on Housing must submit certifications that they have returned the official residences issued by official residence authorities;

d) The entities specified in Clause 9 Article 49 of the Law on Housing must submit certifications issued by the training institutions where they are receiving training.

dd) 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, houses, and other property on land are withdrawn compiled by competent authorities together with certifications issued by the People’s Committee of the district where the withdrawn land or house is located that they have not received compensation in the form of housing or residential land for relocation.

2. Documents proving the applicant’s residence:

a) If the applicant for purchase, lease, or lease purchase of social housing has registered permanent residence in the same province as the social house, it is required to have certified true copies of the residence register;

b) If the applicant for purchase, lease, or lease purchase of social housing does not have a permanent residence as specified in Point a of this Clause, it is required to have a certified true copy of the temporary residence application; a certified true copy of the employment contract that is valid for one year or longer from the date of submission of the application or without a definite term, and documents proving payment of social insurance issued by the social insurance authority of the province where the social house is located. If the applicant works for a branch or representative office at the same province with the social house and pays social insurance in another province where the headquarters is located, it is required to have a certification of insurance payment issued by the authority of the latter province.

3. Documents proving the adequacy of the applicant’s income:

a) Any entity specified in Clause 5 through 7 of Article 49 of the Law on Housing must submit a certification issued by his/her employer that his/her income is not subject to 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.

4. The entities specified in Article 49 of the Law on Housing must satisfy conditions for housing incentives specified in Article 51 of the Law on Housing. If they own a house, the average housing area has to be smaller than 10 m2 per person.

5. The Ministry of Construction shall provide forms of the documents specified in this Article.

Article 23. Criteria for determination of entities eligible for purchase, lease, or lease purchase of social housing

1. Criteria for determination of entities eligible for purchase, lease, or lease purchase of social houses of projects:

a) If the total quantity of valid applications for purchase, lease, or lease purchase of social housing does not exceed the total quantity of apartments announced by the investor, the selection of apartments shall be carried out as agreed between the investors and customers;

b) If the total quantity of valid applications for purchase, lease, or lease purchase of social housing exceeds the total quantity of apartments announced by the investor, the eligible entities shall be selected by grading as specified in Clause 2 of this Article.

After a number of valid applications equal to the total quantity of apartments announced by the investor is selected, each apartment shall be selected prior to contract conclusion as agreed between the investors and customers. If there are applications with equal scores and exceed the total quantity of apartments, the investor shall draw lots publicly.

c) Any buyer, tenant, or tenant/buyer of social housing that is not satisfied with any apartment of the current project may withdraw the application and submit it to another project.

2. Grading scale:

No.

Criteria

Score

1

Housing difficulty:

 

- No house.

40

- Damaged house, or average area smaller than 10 m2/person.

30

2

Eligibility:

 

- Entities specified in Clause 5 through 7 Article 49 of the Law on Housing (1).

30

- Entities specified in Clause 4 and Clause 9 Article 49 of the Law on Housing (2).

20

- Entities specified in Clause 1, Clause 8, and Clause 10 Article 49 of the Law on Housing.

40

3

Other criteria:

 

- Households having 02 or more members in (1).

10

- Households having 01 member in (1) and at least 01 member in (2).

7

- Households having 02 or more members in (2).

4

Note: If a household or individual satisfies more than one criterion, the one with the highest score shall apply.

 

4

Priority criteria specified by the People’s Committee of the province 

(vary from province to province, if any)

10

3. According to the criteria in Clause 1 and Clause 2 of this Article, the People’s Committee of the province shall specify the order of priority to select entities eligible for purchase, lease, or lease purchase of social housing in the province without exceeding the limit specified in Clause 2.4 of this Article in order to provide instruction for investors, households and individuals.

4. Investors, including households and individuals, in construction of social housing shall sell, lease, lease/sell their social houses in accordance with Clause 1 and Clause 2 of this Article and regulations of the People’s Committee of the province.

5. 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 by economic sectors or projects executed by the Ministry of National Defense or the Ministry of Public Security, provided each entity only receive assistance once.

The Ministry of National Defense and the Ministry of Public Security shall specify criteria for selecting eligible entities, conditions for purchase, lease, or lease purchase of social housing of projects they execute, submit reports to the Ministry of Construction for agreement in writing. The Ministry of Construction shall respond within 15 working days. 

The criteria in Clause 1 and Clause 2 of this Article also apply to entities that apply for purchase, lease, or lease purchase of social housing of projects invested by economic sectors.

Article 24. Contracts for purchase, lease, or lease purchase of social housing 

1. The purchase, lease, or lease purchase of social housing under the Law on Housing and this Decree are agreed upon by the parties on the basis of the model contract provided by the Ministry of Construction.

2. A contract for lease of social housing shall be signed between the investor or an enterprise authorized by the investor to operate the houses 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 house 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 houses invested 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. Operation and use of social housing 

1. Social housing invested by state budget shall be operated and used in accordance 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 their operation and use. 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 and uses of social housing being apartment buildings shall comply with regulations of law on housing and relevant regulations of law.

Social housing management serves are eligible for the same benefits as those of public services.

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 houses invested by households and individuals:

a) The landlords are responsible for management of the houses or may hire another housing operation unit to operate the houses.

b) During the contractual lease term, the landlord may sell the house 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 by households and individuals for sale, for lease, and for lease purchase.

Article 27. Rights and obligations of sellers, landlords, landlords/sellers, buyers, tenants, and tenants/buyers of social housing

1. Sellers, landlords, landlords/sellers, buyers, tenants, and tenants/buyers of social housing have the following rights and obligations:

a) The seller, landlord, landlord/seller of social housing shall: 

- Strictly adhere to terms and conditions of the concluded contract for purchase, lease, or lease purchase of social housing;

- 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 a social house 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;

- 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;

- Adhere to terms and conditions of the concluded contract for purchase, lease, or lease purchase of social housing and social housing management regulations promulgated by a competent authority;

- 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 a social house for lease, the tenant shall return the house 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 house 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 house for other purposes, sublease the house, lend the house, transfer the lease contract or swap the house with another person without the landlord’s consent.

2. Pursuant to this Decree and instructional documents issued by competent authority, the parties shall specify their rights and obligations in the contract.

Chapter V

IMPLEMENTATION

Article 28. Responsibility of the Ministry of Construction

1. Perform the duties specified in the Law on Housing and this Decree.

2. Issue typical designs of social housing; regulations on management of the use and operation of social housing.

3. The Ministry of Construction shall assign affiliated state-owned enterprises to cooperate with the People’s Committees of provinces in social housing development in accordance with this Decree.

4. Take charge and cooperate with other Ministries, agencies, the People’s Committees of provinces in providing guidance and carrying out inspections of development and management of social housing; review the implementation of this Decree; propose amendments according to the actual situation to the Government.

5. Participate in the Council for management of capital sources and concessional loans for social housing development and provision of assistances for households and individuals to buy, lease, lease purchase social housing.

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 of this Decree;

b) Cooperate with the Ministry of Planning and Investment, relevant Ministries and agencies in allocating capital from central government budget according to annual plans via Vietnam Bank for Social Policies and credit institutions appointed by the State to grant concessional loans for to households and individuals eligible for purchase, lease, and lease purchase of social housing; grant concessional loans for enterprises and cooperatives that invest in social housing projects, households and individuals that participate in construction of social housing in accordance with the Law on Housing and this Decree;

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) Provide guidance 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.

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) Promulgate regulations on refinancing, granting loans, rescheduling debts, converting overdue debts, procedures for granting concessional loans by credit institutions appointed by the State in order to ensure efficiency of credit extension; direct Vietnam Bank for Social Policies provide guidance on raising saving deposits, rescheduling debts, and converting overdue debts.

b) Appoint some credit institutions to grant loans as social housing assistance; perform other duties specified in this Decree.

5. Vietnam Bank for Social Policies shall:

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 the People’s Committees of provinces

1. Direct the survey on demand to formulate annual, midterm, and long-term social housing construction programs of their provinces; assign duties to local enterprises; cooperate with the Ministry of Construction in assigning its 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; withdraw land of commercial housing projects and new urban areas the investors in which have failed to stick to the schedule, provide 20% land area for construction of social housing in commercial housing projects and new urban areas for investors who wish to build social housing.

3. Establish and publish standards, eligible entities, and conditions for purchase, lease, and lease purchase of local social housing; monitor the purchase, lease, or lease purchase of social housing; establish brackets of selling prices, rents, and lease purchase prices for local social housing.

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;

5. Carry out inspection, supervision, and take actions against violations related to purchase, lease, and lease purchase of social housing in their provinces.

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.

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.

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. Transition clauses

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.

3. Contracts for purchase, lease, or lease purchase of social houses concluded before this Decree comes into force with entities that have not taken concessional loans and are not required to have documents proving the adequacy of their incomes as specified in Clause 3 Article 22 of this Decree shall be executed in accordance with this Decree.

4. Documents proving an entity’s eligibility and housing situation issued by competent authority before this Decree comes into force are not required to be certified again if a contract for purchase, lease, or lease purchase of social housing has not been concluded.

Article 33. Effect

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./.



ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER




Nguyen Tan Dung