Circular No. 07/2021/TT-BXD Amending, supplementing, and revoking certain Articles of Circular No. 19/2016/TT-BXD dated June 30, 2016, and Circular No. 02/2016/TT-BXD dated February 15, 2016, issued by the Minister of Construction.

CIRCULAR

Amending, supplementing, and abolishing certain Articles of Circular No. 19/2016/TT-BXD dated June 30, 2016 and Circular No. 02/2016/TT-BXD dated February 15, 2016 issued by the Minister of Construction

June 30, 2016 and Circular number 02/2016/TT-BXD

February 15, 2016 of the Minister of Construction

                                           ______________________

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

Pursuant to Decree No. 99/2015/NĐ-CP dated October 20, 2015 of the Government detailing and guiding the implementation of certain provisions of the Law on Housing and Decree No. 30/2021/NĐ-CP dated March 26, 2021 amending and supplementing certain provisions of Decree No. 99/2015/NĐ-CP of the Government detailing and guiding the implementation of certain provisions of the Law on Housing;

Based on Decree No. 81/2017/ND-CP dated July 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

At the proposal of the Director of the Department of Housing and Real Estate Market Management;

The Minister of Construction issues this Circular amending, supplementing, and abolishing certain Articles of Circular No. 19/2016/TT-BXD dated June 30, 2016 and Circular No. 02/2016/TT-BXD dated February 15, 2016.

Article 1. Amending, supplementing, and abolishing certain Articles of Circular No. 19/2016/TT-BXD dated June 30, 2016 guiding the implementation of certain contents of the Law on Housing and Decree No. 99/2015/NĐ-CP dated October 20, 2015 of the Government detailing and guiding the implementation of certain provisions of the Law on Housing as follows:

1. Amend and supplement Clause 5 of Article 3 as follows:

"5. The funds for building and adjusting the housing development plan of the locality shall be determined as follows:

a) The funds for preparing the five-year housing development plan and the first year of the program shall not exceed 50% of the total construction cost of the new housing development program determined at the time of budget preparation; the funds for research to adjust the five-year housing development plan shall not exceed 60% of the total construction cost of the housing development plan specified in this point;

b) The funds for preparing the annual housing development plan (excluding the first year of the program) shall not exceed 20% of the total construction cost of the new housing development program determined at the time of budget preparation; the funds for preparing the adjustment of the annual housing development plan shall not exceed 60% of the total construction cost of the annual housing development plan specified in this point.

2. Supplement Article 3a following Article 3 as follows:

"Article 3a. Criteria for determining housing needs to build programs and plans for housing development

Determining housing needs when building programs and plans for housing development of localities shall be based on the following criteria:

1. The indicators and requirements for housing development stated in the National Housing Development Strategy;

2. The indicators related to housing development stated in the provincial planning, local construction planning for the implementation period of the housing development program approved by the competent authority;

3. The land fund for housing development determined in the construction planning, land use planning of the locality approved by the competent authority;

4. The housing area needs of each group on the territory according to Article 49 of the Law on Housing;

5. The mechanisms and policies supporting housing issued by the State at the time of researching and building the housing development program and plan;

6. The current housing area situation on the territory provided by the competent authority at the time of building the housing development program and plan; the current situation of commercial housing, social housing, public service housing, resettlement housing, housing for poor households in rural areas, and housing for other groups over the past five years or ten years;

7. The current population and average income per capita on the territory at the time of building the housing development program and plan, the projected natural population increase, and mechanical population increase provided by the competent authority during the implementation period of the housing development program and plan;

8. The expected financial capacity from the local budget to support the construction of housing for groups eligible for social housing policy."
3. Abolish the following provisions: Article 4, Article 5, Article 6, Article 7, Article 8, Clause 1 of Article 9, Article 11, the contents related to investment under the Build-Transfer (BT) form at points b and c of Clause 2 of Article 13, point b of Clause 2 of Article 17, the phrase "rent-to-own price" at Clause 2 of Article 20, Clause 1 of Article 21, and Appendices No. 02, 03, 04, 05, 06 of Circular No. 19/2016/TT-BXD dated June 30, 2016 issued by the Minister of Construction guiding the implementation of certain contents of the Law on Housing and Decree No. 99/2015/NĐ-CP dated October 20, 2015 of the Government detailing and guiding the implementation of certain provisions of the Law on Housing.

Article 2. Amend the Management and Usage Regulations for Apartment Buildings issued together with Circular No. 02/2016/TT-BXD dated February 15, 2016 on the issuance of Management and Usage Regulations for Apartment Buildings as follows:

Repeal Point e Clause 4 Article 8 of the Management and Usage Regulations for Apartment Buildings issued together with Circular No. 02/2016/TT-BXD dated February 15, 2016 on the issuance of Management and Usage Regulations for Apartment Buildings.

Article 3. Implementation Provisions

1. This Circular shall take effect from August 15, 2021.

2. For projects that have completed investment construction or are implementing social housing or resettlement housing projects under the Build-Transfer (BT) model, the calculation methods and formulas for rental and purchase prices of social housing and resettlement housing shall continue to be applied according to the provisions of Circular No. 19/2016/TT-BXD dated June 30, 2016 of the Minister of Construction guiding the implementation of certain contents of the Law on Housing and Decree No. 99/2015/NĐ-CP dated October 20, 2015 of the Government detailing and guiding the implementation of certain provisions of the Law on Housing.

3. During the implementation process, if encountering difficulties or obstacles, it is requested to promptly reflect them to the Ministry of Construction for guidance or amendment and supplementation to ensure appropriateness./.