Circular No. 09/2021/TT-BXD guides the implementation of certain contents of Government Decree No. 100/2015/NĐ-CP dated October 20, 2015 on the development and management of social housing, and Government Decree No. 49/2021/NĐ-CP dated April 1, 2021 amending and supplementing certain provisions of Government Decree No. 100/2015/NĐ-CP dated October 20, 2015 on the development and management of social housing.

CIRCULAR

Guidelines for implementing certain contents of Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on the development and management of social housing and Decree No. 49/2021/ND-CP dated April 1, 2021 of the Government amending and supplementing certain articles of Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on the development and management of social housing.

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

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

Pursuant to the Investment Law dated June 17, 2020;

Pursuant to the Law amending and supplementing certain articles of the Construction Law on June 17, 2020;

Based on Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on the development and management of social housing and Decree No. 49/2021/ND-CP dated April 1, 2021 of the Government amending and supplementing certain articles of Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on the development and management of social housing;

Pursuant to Decree No. 25/2020/NĐ-CP dated February 28, 2020 of the Government detailing and guiding the implementation of certain provisions of the Law on Bidding regarding the selection of investors;

Based on Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government detailing and guiding the implementation of the Investment Law;

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 to guide the implementation of certain contents of Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on the development and management of social housing and Decree No. 49/2021/ND-CP dated April 1, 2021 of the Government amending and supplementing certain articles of Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on the development and management of social housing.             

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular guides the implementation of certain contents of Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on the development and management of social housing (hereinafter referred to as Decree No. 100/2015/ND-CP) and Decree No. 49/2021/ND-CP dated April 1, 2021 of the Government amending and supplementing certain articles of Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on the development and management of social housing (hereinafter referred to as Decree No. 49/2021/ND-CP) regarding: conditions and criteria for selecting the project investor for social housing construction projects; methods for determining the selling price, rental price, and lease-purchase price of social housing; models of documents proving the target group and conditions for enjoying social housing support policies; models of contracts for the sale, lease, and lease-purchase of social housing.

2. The establishment of a system of databases on social housing, updating information on individuals eligible to purchase, rent, or lease-purchase social housing on the Ministry of Construction's online portal shall be carried out in accordance with this Circular and laws on construction, management, and utilization of housing information systems and real estate markets.

3. Design standards and minimum construction conditions for individual social housing units shall be implemented in accordance with laws on housing, construction, and planning.

4. Contents of regulations governing the use, operation, and maintenance of social housing funds shall be implemented in accordance with laws on housing.

          Article 2. Applicability

This Circular applies to organizations, households, individuals, and state agencies related to the field of social housing development and management as stipulated in Decree No. 100/2015/ND-CP.

Chapter II

CONDITIONS AND CRITERIA FOR SELECTING THE INVESTOR OF SOCIAL HOUSING PROJECTS

Section 1

PROVISIONS ON THE SELECTION OF THE INVESTOR OF SOCIAL HOUSING PROJECTS THROUGH BIDDING

Article 3. PRINCIPLES FOR SELECTING THE INVESTOR OF SOCIAL HOUSING PROJECTS THROUGH BIDDING

1. Social housing projects that must select investors through bidding shall comply with the conditions stipulated in Clauses 2, 3, 5, and 6 of Article 11 of Decree No. 25/2020/ND-CP dated February 28, 2020, guiding the implementation of certain provisions of the Law on Bidding regarding the selection of investors (amended and supplemented by Clause 4 of Article 108 of Decree No. 31/2021/ND-CP dated March 26, 2021, guiding the implementation of the Investment Law) and the following conditions:

a) Not using the capital specified in Clause 1 of Article 53 of the Housing Law to construct the project;

b) Not falling under the cases prescribed in Points c and d of Clause 2 of Article 57 of the Housing Law (except for the case prescribed in Clause 3 of this Circular);

c) Having a Decision approving the investment proposal of the project in accordance with the laws on investment;

d) Possessing a detailed construction planning scheme that has been approved by the competent authority.

2. The detailed procedures and steps for selecting the investor of social housing projects through bidding shall be implemented in accordance with the provisions of the law on bidding for the selection of investors implementing investment projects involving land use.

3. The successful bidder shall be the investor of the social housing project.

          Article 4. ESTABLISHING, APPROVING, AND ANNOUNCING THE LIST OF SOCIAL HOUSING PROJECTS THAT MUST SELECT INVESTORS THROUGH BIDDING

The establishment, approval, and announcement of the list of social housing projects that must select investors through bidding shall be carried out in accordance with the provisions of Decree No. 31/2021/ND-CP dated March 26, 2021, guiding the detailed implementation and guidance on the implementation of the Investment Law (hereinafter referred to as Decree No. 31/2021/ND-CP) and Decree No. 25/2020/ND-CP dated February 28, 2020, guiding the implementation of certain provisions of the Law on Bidding regarding the selection of investors (hereinafter referred to as Decree No. 25/2020/ND-CP).

          Article 5. METHODS AND STANDARDS FOR EVALUATING BID DOCUMENTS

1. The method of evaluating bid documents stipulated in Clause 2 of this Article shall be reflected through evaluation criteria in the tender invitation documents, including:

a) Standards and methods for evaluating capacity and experience shall be applied as prescribed in Decree No. 25/2020/ND-CP.

b) Standards and methods for evaluating technical aspects shall be applied as prescribed in Decree No. 25/2020/ND-CP.

c) Financial and commercial evaluation standards and methods shall be applied as prescribed in Decree No. 25/2020/ND-CP, excluding Criterion M3. The examination and award of bids shall be conducted in accordance with the provisions of Article 6 of this Decree.

2. Templates for notices of interest; preliminary requirements for capacity, experience, and tender invitation documents for investors to register to implement social housing investment projects and organize bidding shall be implemented according to the following regulations:

a) Shall be applied as templates prescribed by the law on bidding (excluding cubic meter value).

b) Any amendments to the templates prescribed in this Clause must ensure compliance with the provisions of the law on bidding.

Article 6. CONDITIONS AND CRITERIA FOR AWARDED BIDS

1. An investor proposed to be selected as the investor of a social housing project through bidding shall meet all the conditions stipulated in Clause 1; Clause 2; Clause 3; Point a, Point b of Clause 4 of Article 56 of Decree No. 25/2020/ND-CP.

2. The awarded bidder shall be the investor with the highest total score across all criteria with a maximum score of 100 points (in the event of equal total scores, the investor with higher scores in the criteria listed in this Clause in the prescribed order shall be selected, ensuring that if a criterion has already been met by a bidder, subsequent criteria will not be considered) as follows:

a) Financial capacity criterion for implementing the project (Selecting investors with more owner's equity as prescribed by the law on land): from 20 to 30 points.

b) Planning and architectural solution criterion (Selecting investors proposing a higher ratio of green area, land area for technical infrastructure, social infrastructure of the project, public facilities serving residents of the project): from 15 to 25 points.

c) Infrastructure investment and construction criterion (Selecting investors with financial capacity to advance funds for land clearance, investment in technical infrastructure, and social infrastructure): from 10 to 20 points; in the case where the project already has technical infrastructure and social infrastructure, all investors shall receive the maximum score.

d) Experience criterion in implementing housing investment projects (Selecting investors with more experience in implementing housing investment projects): from 5 to 15 points;

d) Criterion on the progress of implementing the project and putting the works into use (Selecting investors who propose the shortest implementation time): from 5 to 10 points.

Section 2

Conditions and criteria for selecting the main investor for social housing projects implemented in other forms

Article 7. For social housing construction investment projects as stipulated in point c, Clause 2, Article 57 of the Law on Housing

1. For social housing construction investment projects as stipulated in point c, Clause 2, Article 57 of the Law on Housing, the investor registering to be the main investor of the social housing construction investment project must meet the condition of having the function of real estate business in accordance with the laws on real estate business.

2. The competent authority shall approve the investment proposal and simultaneously approve the investor to implement the project in accordance with Clause 5, Article 29 of Decree No. 31/2021/NĐ-CP for the investor selected to be the main investor of the social housing construction investment project as stipulated in this Clause 1.

Article 8. For social housing construction investment projects as stipulated in point d, Clause 2, Article 57 of the Law on Housing

1. For social housing construction investment projects as stipulated in point d, Clause 2, Article 57 of the Law on Housing, the investor registering to be the main investor of the social housing project must meet the financial capacity conditions to implement the project in accordance with the laws on land and related laws.

2. In case there is only one investor registering, the competent authority shall approve the investment proposal and simultaneously approve the investor when the investor meets the conditions stipulated in this Article 1.

3. In case two or more investors submit valid applications to implement the social housing construction investment project at the same location, the selection of the main investor shall be carried out as prescribed in Section 1, Chapter II of this Circular.

Chapter III

METHODS FOR DETERMINING THE SALE PRICE, RENTAL PRICE, AND LEASE PURCHASE PRICE OF SOCIAL HOUSING

       Article 9. Method for determining the sale price of social housing

The sale price of social housing is determined according to the following formula:

Where:

- Gi^B (DONG/M²): is the selling price of 1m² for use of the social housing apartment (or house) at position i after completion of construction.

- T_đ (VND): is the total investment capital for construction, including construction investment costs and other reasonable cost items, allocated to the area of social housing for sale and determined in accordance with the time of submission for review; among which:

+ Construction investment costs include some or all of the cost items within the total investment ceiling for construction, determined according to the legal regulations on construction investment cost management, allocated to the area of social housing for sale;

Construction investment costs are determined according to the legal regulations on construction investment cost management (including compensation costs, land clearance costs, resettlement support costs, technical infrastructure costs if applicable; common project costs allocated to the area of social housing for sale);

+ Other reasonable costs include sales costs, advertising costs (if any), and other necessary costs to implement the project. The total of other reasonable costs shall not exceed 2% of the total construction investment costs for the social housing area for sale.

- T_dv (VND): is the profit portion from selling, leasing, or lease-purchasing the commercial area in the social housing development project allocated to the area of social housing for sale, determined as follows:

        + For the commercial business part in the social housing development project specified in point a, Clause 8, Article 1 of Decree No. 49/2021/NĐ-CP (specifically defined in the approved social housing construction project) then the developer may sell, lease, or lease-purchase at a commercial business price (which includes land use fee exemption) to those who have demand to offset the social housing investment costs, contributing to reducing the selling price, leasing price, lease-purchasing price of social housing, and reducing the management and operation costs of social housing in the project.

          The accounting of profits from the commercial business part to offset social housing costs must clearly state the portion for reducing the selling price, leasing price, lease-purchasing price, and the portion for managing and operating social housing, and must be clearly reflected in the financial balance plan of the entire project as stipulated in this point. The Department of Construction or the competent authority responsible for reviewing the selling price, leasing price, and lease-purchasing price of social housing in the locality has the responsibility to check the developer's accounting of this matter.

+ Profits obtained from selling, leasing, or lease-purchasing commercial housing in the social housing project are accounted for specifically as follows:

          In cases where the developer sells, leases, or lease-purchases commercial housing, the profit portion is calculated based on actual figures (in cases where actual figures cannot be determined, an estimated profit portion must be projected for allocation), but it must be at least equal to the land use fee and land rental fee exemption for the area of land for constructing commercial housing. Based on the actual situation regarding the selling price, leasing price, and lease-purchasing price of commercial housing in the locality, the project developer is responsible for allocating the profit portion to determine the selling price, leasing price, and lease-purchasing price of social housing, prioritizing the allocation of the profit portion to the leasing price of social housing to align with the income of households and individuals benefiting from social housing support policies in the locality.

- L (VND): is the predetermined profit rate for the project, maximum up to 10% of the total construction investment capital allocated to the area of social housing for sale.

- The Office of Legal Document Supervision (Ministry of Justice);^B (m²): is the total usable area of social housing for sale in the project, including the area of apartments or houses retained by the developer without selling.

- Ki: is the adjustment factor for the rental price of the area at position i, but it must ensure that the profit obtained does not exceed the predetermined profit level for the project.

Article 10. Method for Determining the Rental Price for Social Housing

          The rental price for social housing is determined according to the following formula:

Where:

          - G (VND/month): is the rental price for 1 square meter of the apartment (or house) of completed social housing at position i for one month._i^T (DONG/M²/month): is the leasing price of 1m² for use of the social housing apartment (or house) at position i after completion of construction in one month.

- V (VND/year): is the total investment capital allocated annually for the usable area of social housing for rent, ensuring the preservation of capital, calculated according to the following formula:_đ (VND/year): is the total construction investment capital for social housing of the project allocated annually to the usable area of social housing for leasing, determined according to the principle of capital preservation, calculated using the following formula:

+ T_đ (VND): is the total investment capital (including construction costs and other reasonable expenses) allocated for the usable area of social housing for rent and determined in accordance with the time of submission for review; including:

* Construction costs include some or all items within the total investment cost, as stipulated by laws on construction cost management, allocated for the usable area of social housing for rent;

* Other reasonable expenses include sales costs, advertising costs (if any), and other necessary expenses to implement the project. The total of other reasonable expenses shall not exceed 2% of the total construction costs for the usable area of social housing for rent.

+ r (%/year): is the interest rate for preserving the investment capital (annually) decided by the investor.

+ n: is the number of years for recovering the investment capital of the project as decided by the investor, but not less than 15 years; for social housing solely for rent, the minimum period is 20 years.

- 12: is the number of months of renting social housing in one year.

- L (VND/year): is the predetermined profit level for the project calculated annually, with a maximum of 15% of the total investment capital allocated for the usable area of social housing for rent.

Ministry of Construction sets specific price_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} (VND/year): is the average annual maintenance cost allocated for the usable area of social housing for rent.

- T_dv (VND/year): is the portion of profit from selling, renting, or leasing commercial housing areas in the social housing project allocated for the usable area of social housing for rent, determined similarly to the provisions of Article 9 of this Circular.

- The Office of Legal Document Supervision (Ministry of Justice);_i^T (m²): is the usable area of the apartment (or house) of social housing for rent at position i.

- Ki: is the adjustment factor for the rental price of the area at position i, but it must ensure that the profit obtained does not exceed the predetermined profit level for the project.

          Article 11. Method for Determining the Leasing Purchase Price for Social Housing

          The leasing purchase price for social housing is determined according to the following formula:

Where:

- Gi™ (VND/m²/month): is the leasing purchase price for 1 square meter of the apartment (or house) of completed social housing at position i for one month. The leasing purchase price does not include maintenance costs.²/month): is the lease-purchasing price of 1m² for use of the social housing apartment (or house) at position i after completion of construction in one month. The lease-purchasing price does not include maintenance costs.

- Ai: is the ratio between the remaining value of the apartment (or house) of social housing at position i (after deducting the initial payment) compared to the original value of the leased-purchased apartment or house at position i (A < 1) as stipulated in the leasing purchase contract.

- V (VND/year): is the total investment capital allocated annually for the usable area of social housing for rent, ensuring the preservation of capital, calculated according to the following formula:_đ (VND/year): is the total investment capital allocated annually for the usable area of social housing for leasing purchase, ensuring the preservation of capital, calculated according to the following formula:

+ T_đ (VND): is the total investment capital (including construction costs and other reasonable expenses) allocated for the usable area of social housing for leasing purchase and determined in accordance with the time of submission for review; including:

* Construction costs include some or all items within the total investment cost, as stipulated by laws on construction cost management, allocated for the usable area of social housing for leasing purchase;

* Other reasonable expenses include sales costs, advertising costs (if any), and other necessary expenses to implement the project. The total of other reasonable expenses shall not exceed 2% of the total construction costs for the usable area of social housing for leasing purchase.

+ r (%/year): is the interest rate for preserving the investment capital (annually) decided by the authorized person responsible for the investment decision.

+ n: is the leasing purchase period agreed upon between the seller and the buyer, but not less than five years.

- L (VND/year): is the predetermined profit level for the project calculated annually, with a maximum of 15% of the total investment capital allocated for the usable area of social housing for leasing purchase.

- T_dv (VND/year): is the portion of profit from selling, renting, or leasing commercial housing areas in the social housing project allocated for the usable area of social housing for leasing purchase, determined similarly to the provisions of Article 9 of this Circular.

- Si™ (m²): is the usable area of the apartment (or house) of social housing for leasing purchase at position i.²- Ki: is the adjustment factor for the leasing purchase price of the area at position i, but it must ensure that the profit obtained does not exceed the predetermined profit level for the project.

MODEL DOCUMENTS TO PROVE THE ELIGIBILITY AND CONDITIONS FOR ENJOYING SUPPORT POLICIES; INFORMATION ON OBJECTS PURCHASING, RENTING, OR LEASING PURCHASED SOCIAL HOUSING AND CONTRACTS OF PURCHASE, RENTAL, OR LEASING PURCHASE OF SOCIAL HOUSING

Chapter IV

Article 12. Model Documents to Prove Eligibility and Conditions for Purchasing, Renting, or Leasing Purchasing Social Housing

          1. For households and individuals purchasing, renting, or leasing purchasing social housing:

          a) The application form for purchasing, renting, or leasing purchasing social housing is implemented according to Model No. 01 attached as Appendix I of this Circular.

          - For students and trainees of academies, universities, colleges, vocational schools; and students of public boarding schools for ethnic minorities, the application form for renting social housing is implemented according to Model No. 10 attached as Appendix I of this Circular.

          - Students of academies, universities, colleges, vocational schools; students of public boarding schools for ethnic minorities shall apply Form 10 attached as Appendix I issued together with this Circular.        

b) Template for confirmation regarding the subject and current housing status:

- Persons who have rendered meritorious service to the revolution as prescribed by laws on preferential treatment for persons who have rendered meritorious service to the revolution (as stipulated in Clause 1, Article 49 of the Law on Housing) shall follow Model No. 02 attached in Appendix I of this Circular.

- Workers employed at enterprises inside and outside industrial zones; officers, non-commissioned officers in specialized positions, non-commissioned officers in technical professions, professional military personnel, workers in agencies and units under the public security force and the people's armed forces; cadres, civil servants, and public officials as prescribed by laws on cadres, civil servants, and public officials (as stipulated in Clauses 5, 6, and 7, Article 49 of the Law on Housing) shall follow Model No. 03 attached in Appendix I of this Circular. In cases where these subjects have retired or left their posts according to the law, they shall follow Model No. 04 attached in Appendix I of this Circular.

- Low-income individuals, poor households, near-poor households in urban areas (as stipulated in Clause 4, Article 49 of the Law on Housing) shall follow Model No. 04 attached in Appendix I of this Circular.

- Subjects who have returned public service housing (as stipulated in Clause 8, Article 49 of the Law on Housing) shall follow Model No. 05 attached in Appendix I of this Circular.

- Students and trainees from academies, universities, colleges, vocational schools; students from state-run boarding schools for ethnic minorities who use housing during their study period (as stipulated in Clause 9, Article 49 of the Law on Housing) shall follow Model No. 06 attached in Appendix I of this Circular.

- Households and individuals whose land has been reclaimed and whose houses must be demolished according to the law but have not yet received compensation from the State in the form of housing or residential land (as stipulated in Clause 10, Article 49 of the Law on Housing) shall follow Model No. 07 attached in Appendix I of this Circular.

c) Documents proving residence conditions and social insurance contributions shall be implemented as prescribed in Clause 16, Article 1 of Decree No. 49/2021/NĐ-CP.

d) Template for proof of income conditions:

- Workers employed at enterprises inside and outside industrial zones; officers, non-commissioned officers in specialized positions, non-commissioned officers in technical professions, professional military personnel, workers in agencies and units under the public security force and the people's armed forces; cadres, civil servants, and public officials as prescribed by laws on cadres, civil servants, and public officials (as stipulated in Clauses 5, 6, and 7, Article 49 of the Law on Housing) shall follow Model No. 08 attached in Appendix I of this Circular. In cases where these subjects have retired or left their posts according to the law, they shall follow Model No. 09 attached in Appendix I of this Circular (no confirmation required).

- Low-income individuals, poor households, near-poor households in urban areas (as stipulated in Clause 4, Article 49 of the Law on Housing) shall follow Model No. 09 attached in Appendix I of this Circular (no confirmation required).

- Subjects prescribed in Clauses 1, 8, 9, and 10, Article 49 of the Law on Housing are not required to provide documents proving income conditions.

2. In cases where social housing is resold to other eligible subjects for purchasing or leasing social housing as prescribed in Clause 12, Article 1 of Decree No. 49/2021/NĐ-CP, the purchaser of social housing must have documents proving the subject and conditions for purchasing social housing as prescribed in Clause 1 of this Article and directly contact the project developer to submit an application for purchase.

3. For households and individuals borrowing preferential loans to build new or renovate and repair houses for living as prescribed in Clause 3, Article 16 of Decree No. 100/2015/NĐ-CP, the templates for documents proving the subject, housing conditions, residence conditions, and income conditions shall be implemented as attached in Appendix II of this Circular.

        Article 13. Updating Information on Subjects Eligible to Purchase, Rent, or Lease Social Housing

        1. Within fifteen working days from the date of receipt of the List of subjects expected to be resolved for purchasing, renting, or leasing social housing as prescribed at Point a Clause 13 Article 1 Decree No. 49/2021/NĐ-CP, the Construction Department of the locality where the project is located shall be responsible for inspecting and updating the List of subjects eligible to purchase, rent, or lease social housing onto the Construction Department's electronic portal and the Ministry of Construction's electronic portal according to the contents stipulated in Clause 2 of this Article.

          2. The information to be updated includes:

          a) Full name;

          b) National identity card number or military identification card number or citizen identification card number or passport number or permanent residence registration number;

          c) Permanent address;

          d) Members of the household;

          đ) Name of the social housing investment construction project.

          3. In cases where individuals who have a need to purchase, rent, or lease social housing have been included in the List of purchasers, renters, or lessees of social housing projects by the project investors but no longer have such needs, the project investors shall be responsible for reporting to the Construction Department to update the List of subjects eligible to purchase, rent, or lease social housing on the Construction Department's electronic portal and the Ministry of Construction's electronic portal.

          4. Until there is a database of information on subjects eligible to purchase, rent, or lease social housing on the Ministry of Construction's electronic portal, the Construction Department will publish the List on its own electronic portal, and simultaneously send it to the Ministry of Construction (in hard copy and electronic file) according to the contents stipulated in Clause 2 of this Article.

         Article 14. Contracts for Purchasing, Renting, or Leasing Social Housing

          1. Contracts for purchasing, renting, or leasing social housing must include the following main contents:

          a) Names and addresses of the parties;

          b) Information about the housing being traded;

          c) Purchase price, rental price, lease-purchase price;

          d) Payment methods and deadlines;

          đ) Handover period for the housing;

          e) Warranty for the housing;

          g) Rights and obligations of the parties;

          h) Commitments of the parties;

          i) Termination of the contract;

          k) Other agreements;

          l) Dispute resolution;

          m) Effectiveness of the contract;

          2. For social housing that is an apartment unit, the contract for purchasing, renting, or leasing must ensure the contents stipulated in Clause 1 of this Article, while clearly stating the private ownership portion, common ownership portion, private usage portion, and common usage portion of the developer and the purchaser, renter, or lessee of the apartment unit; the floor area of the apartment unit; the usable floor area of the apartment unit (wet area) to calculate the purchase, rental, or lease-purchase price; maintenance fund; management and operation fee level and principles for adjusting the management and operation fee level in the time before the House Management Board is established.

          3. Contracts for purchasing, renting, or leasing social housing using funds specified in Clause 1 Article 53 Law on Housing shall not use Model Nos. 01, 02, and 03 attached as Appendix III to this Circular.

4. The contract models prescribed in this Article are for reference during the negotiation and signing process. The parties may agree to modify or supplement the terms of the model contract to suit their needs, but the contract signed by the parties must ensure all main contents stipulated in Clauses 1 and 2 of this Article and must not contravene the provisions of civil law and housing law.

Chapter V

IMPLEMENTATION AND EFFECTIVE PROVISIONS

        Article 15. Responsibilities of the Provincial People's Committee

          1. Implement tasks assigned related to the development and management of social housing within the territory according to the provisions of the Law on Housing, Decree No. 100/2015/NĐ-CP, Decree No. 49/2021/NĐ-CP, and this Circular.

          2. Direct the Construction Department, District People's Committees, Commune People's Committees, public housing management agencies, educational institutions, and other relevant agencies within the territory to organize certification for households and individuals requesting certification regarding subject status, current housing conditions, residency conditions, income conditions, social insurance contributions, and not having been compensated by the State with housing or land when land is reclaimed to enjoy social housing support policies as prescribed.

          3. Direct the implementation of laws on social housing; direct the organization of inspections and checks on compliance with laws on social housing and handle violations according to authority or refer to competent authorities for handling violations concerning social housing within the territory.

          4. Direct functional agencies to compile the situation of social housing development and management within the territory and report to the Ministry of Construction for periodic compilation every six months, annually, or upon urgent request.

          Article 16. Responsibilities of the Construction Department

1. Perform the assigned tasks related to the development and management of social housing on the administrative area in accordance with the Law on Housing, Decree No. 100/2015/NĐ-CP, Decree No. 49/2021/NĐ-CP, tasks assigned by the provincial People's Committee, and the provisions of this Circular.

Every six months, annually, or upon urgent request, report to the provincial People's Committee and the Ministry of Construction on social housing within the administrative area in accordance with the laws on construction, management, and use of the housing information system and real estate market.

Article 17. Transitional Provisions

1. For updating and posting the list of information on entities eligible to purchase, lease, or lease-purchase social housing on the administrative area prior to the effective date of this Circular, the Department of Construction shall complete this task before March 31, 2022.

2. As for the sale price, rental price, and lease-purchase price of social housing determined by the developer according to the formula specified in Circular No. 20/2016/TT-BXD dated June 30, 2016, issued by the Minister of Construction guiding the implementation of certain contents of Decree No. 100/2015/NĐ-CP dated October 20, 2015, of the Government on the development and management of social housing (hereinafter referred to as Circular No. 20/2016/TT-BXD), and which have submitted price appraisal application files before the effective date of this Circular, continue to follow the procedures for price appraisal as stipulated in Circular No. 20/2016/TT-BXD.

         Article 18. Implementation Provisions

1. This Circular takes effect from the day month year 2021

2. This Circular replaces Circular No. 20/2016/TT-BXD dated June 30, 2016, issued by the Minister of Construction.

3. During the implementation process, if the legal documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented in accordance with the amended, supplemented, or replacing legal documents.

4. Ministries, ministerial-level agencies, government-affiliated agencies, other central agencies, People's Committees at all levels, and organizations and individuals involved are responsible for implementing this Circular. In the course of implementation, if difficulties or obstacles arise, they are requested to reflect these issues to the Ministry of Construction for guidance.