Consolidated Document number 09/VBHN-BXD Decree on Renovation and Reconstruction of Apartment Buildings

DECREE

On the renovation and reconstruction of apartment buildings

Decree No. 69/2021/ND-CP dated July 15, 2021 of the Government on the renovation and reconstruction of apartment buildings has been amended and supplemented by:

Decree No. 35/2023/ND-CP dated June 20, 2023 of the Government amending and supplementing certain articles of decrees under the management of the Ministry of Construction.

Based on the Law on Organization of the Government dated September 16, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Urban Planning Law dated June 17, 2009;

The Government issues this Decree on management and development of industrial clusters.

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

Based on the Construction Law dated June 18, 2014 and the Law Amending and Supplementing Certain Provisions of the Construction Law dated June 17, 2020;

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

Pursuant to the Investment Law dated June 17, 2020;

At the proposal of the Minister of Construction¹;

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree provides detailed regulations on the renovation and reconstruction of apartment buildings as stipulated in Article 110 of the Housing Law, including: the inspection and evaluation of the quality of apartment buildings, the establishment and approval of plans for the renovation and reconstruction of apartment buildings; requirements regarding planning for areas undergoing renovation and reconstruction; the selection of project investors; compensation, support, resettlement, and temporary accommodation for those being resettled; rights and responsibilities of project investors, owners, and users of apartment buildings in relocation, demolition, renovation, and reconstruction of apartment buildings, and some mechanisms for implementing projects to renovate and reconstruct apartment buildings.

2. The forced demolition and clearance of land for apartment buildings when the State recovers land for national defense and security purposes does not fall within the scope of this Decree's regulation.

Article 2. Applicability

1. Organizations, households, individuals within Vietnam, overseas Vietnamese, foreign organizations, and individuals related to the renovation and reconstruction of apartment buildings.

2. State management agencies and other organizations and individuals related to the renovation and reconstruction of apartment buildings.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. An apartment building is an independent structure (block) with one or more units defined according to Clause 3, Article 3 of the Housing Law and constructed on a plot of land in accordance with planning.

2. A residential area is an area with two or more apartment buildings as defined in Clause 1 of this Article and other construction works, including individual houses (if any), built on a plot of land in accordance with planning.

3. A project for the renovation and reconstruction of apartment buildings is a resettlement project aimed at upgrading the quality, expanding the area, adjusting the existing area structure of apartment buildings, or demolishing to construct new apartment buildings and other construction works (if any). A project for the renovation and reconstruction of apartment buildings includes projects for the renovation and reconstruction of apartment buildings and projects for the renovation and reconstruction of residential areas.

4. In-place resettlement is the provision of housing and other areas (if any) for organizations, households, and individuals eligible for resettlement at the old location within the scope of the project for the renovation and reconstruction of apartment buildings.

5. The investor of a project for the renovation and reconstruction of apartment buildings is a real estate business entity selected according to one of the forms prescribed in Article 14, Article 15 of this Decree or an organization assigned by the State according to the provisions in Article 16 of this Decree to implement the project.

6. The owner of the apartment building is the owner of the apartment unit in the apartment building, or the owner of other areas within the apartment building (hereinafter referred to collectively as the owner of the apartment building).

The owner of the apartment building is organizations and individuals who have been granted or are eligible to be granted the Certificate of Ownership of Housing and Land Use Rights and Other Assets Attached to the Land (hereinafter referred to collectively as the Certificate), except for the case where the area of the apartment building belongs to state ownership.

7. The user of the apartment building is the owner directly using the apartment building or organizations, households, and individuals legally using the apartment units or other areas within the apartment building through leasing, borrowing, residing with permission, being authorized to manage and use, or using according to the decision of the competent state authority.

Article 4. Principles for Implementing Renovation and Reconstruction of Apartment Buildings

1. The renovation and reconstruction of apartment buildings must be carried out according to the project, linked to urban renewal, consistent with the construction planning, land use planning, housing development program, and the approved apartment building renovation and reconstruction plan.

In cases where urgent demolition of apartment buildings due to accidents, natural disasters, fires, or explosions is necessary, and these buildings are not included in the approved apartment building renovation and reconstruction plan, the Provincial People's Committee must immediately relocate households from these buildings, then supplement this situation into the local apartment building renovation and reconstruction plan.

2. The implementation of the apartment building renovation and reconstruction project must comply with the provisions of the Construction Law, Housing Law, Land Law, related laws, and this Decree; the investor must first demolish and reconstruct the apartment buildings specified in Clause 1, Point a, Clause 2, Article 5 of this Decree before proceeding with the remaining apartment buildings scheduled for demolition. Apartment building renovation and reconstruction projects do not need to allocate land for social housing construction as required by the Housing Law.

3. The scope of the apartment building renovation and reconstruction project, or the residential complex, is determined in the detailed planning or in the content of the investment proposal approval by the competent authority.

4. For existing residential complexes subject to the provisions of Clause 2, Article 110 of the Housing Law, the locality may implement one or more apartment building renovation and reconstruction projects but must ensure the connection of technical infrastructure and social infrastructure and comply with the detailed planning of the entire residential complex already approved by the competent authority.

If implementing one project, the investor can invest in phases, but must first demolish and reconstruct the apartment buildings specified in Clause 1, Point a, Clause 2, Article 5 of this Decree Clause 1, Article 6 of this Decree

before proceeding with the demolition and reconstruction of the remaining apartment buildings according to the approved provincial apartment building renovation and reconstruction plan. The phased investment in the residential complex renovation and reconstruction project must be determined in the content of the investment proposal approval by the competent authority, in accordance with actual conditions, the implementation time of each apartment building project, and meet the requirements stipulated herein. 5. In cases where the investment project implementation schedule is delayed compared to the approved investment proposal decision, the competent authority that approved the investment proposal decides to extend or terminate the implementation of the investment project. In the event of termination of the project, the Provincial People's Committee is responsible for organizing the selection of a new investor in accordance with this Decree; for the apartment building renovation and reconstruction project specified in Clause 1, Article 6 of this Decree

Article 5. Cases where apartment buildings must be demolished to rebuild apartment buildings or construct other projects according to planning

Apartment buildings subject to demolition for reconstruction or construction of other projects according to planning as stipulated in this Decree include:

1. Apartment buildings that must be urgently demolished due to accidents, natural disasters, fires, or explosions as prescribed by law.

2. Apartment buildings that have reached their service life limit or have not yet reached it but are assessed by provincial housing management authorities to fall under one of the following situations:

a) The main load-bearing structures of the apartment building exhibit overall dangerous conditions with a risk of collapse, failing to meet continued usage requirements, necessitating urgent relocation of owners and users of the apartment building.

b) The apartment building suffers severe damage, exhibiting localized dangerous conditions in its main load-bearing structures, and has one of the following factors: fire protection infrastructure systems; water supply and drainage, wastewater treatment; power supply, internal traffic systems do not meet current technical standards or pose safety risks during operation and use, requiring demolition to ensure user safety and urban renovation requirements.

3. Apartment buildings damaged in one of the main structural components of the project, including foundations, columns, walls, beams, joists, which do not meet normal usage requirements but are not subject to demolition as stipulated in Clause 2 of this Article, located within areas containing apartment buildings required to be demolished according to Clause 2 of Article 110 of the Housing Law.

Article 6. The State implements projects to renovate and reconstruct apartment buildings using the capital sources specified in Clause 3 of Article 36 of the Housing Law (amended and supplemented at Point a, Clause 6, Article 99 of the Public-Private Partnership Investment Law 2020).

1. The State implements renovation and reconstruction of apartment buildings using the capital sources specified in Clause 3 of Article 36 of the Housing Law (amended and supplemented at Point a, Clause 6, Article 99 of the Public-Private Partnership Investment Law 2020) in the following cases:

a) In the case of apartment buildings or residential complexes where the entire area belongs to the State and is subject to demolition as stipulated inArticle 5 of this Decree;

b) In the case where a project investor cannot be selected according to the provisions atArticle 15 of this Decree.

2. Based on apartment buildings required to be demolished for reconstruction as stipulated in Clause 1 of this Article, the People's Committee of the province shall be responsible for reporting to the People's Council at the same level to decide on allocating funds to implement the project to renovate and reconstruct apartment buildings.

3. The decision on investment policies for projects to renovate and reconstruct apartment buildings as stipulated in this Article shall be implemented as for projects using public investment capital.

4. The demolition of apartment buildings and the implementation of investment projects to renovate and reconstruct apartment buildings as stipulated in this Article shall be carried out in accordance with laws on construction, this Decree, and related laws.

Chapter II. REQUIREMENTS FOR QUALITY ASSESSMENT OF APARTMENT BUILDINGS, PLANS AND PLANNING FOR RENOVATION AND RECONSTRUCTION OF APARTMENT BUILDINGS, AND THE SELECTION OF PROJECT INVESTORS

Section 1. INSPECTION AND QUALITY ASSESSMENT OF APARTMENT BUILDINGS

Article 7. Principles for Inspection and Quality Assessment of Apartment Buildings

1. The People's Committee of the province shall be responsible for directing the provincial housing management agency to take the lead in organizing inspections and quality assessments of apartment building projects as stipulated in Article 110 of the Law on Housing, in accordance with construction laws and this Decree, in coordination with local functional agencies and the People's Committee of the district where the apartment buildings are located.

2. For residential complexes, a comprehensive inspection and assessment must be conducted before they are included in plans for renovation or reconstruction of apartment buildings.

3. The inspection and quality assessment of apartment buildings as provided for in this Article shall be carried out in accordance with construction laws and housing laws.

Article 8. Requirements and Contents of Inspection and Quality Assessment of Apartment Buildings

1. When conducting inspections and quality assessments of apartment buildings, the units or organizations entrusted with such tasks must base their work on the contents and requirements for inspecting and assessing the current condition of construction projects as prescribed by construction laws and this Decree, to inspect and assess the quality of apartment buildings, while clearly identifying whether the apartment buildings are not damaged or are damaged and require demolition as stipulated inClause 2 or Clause 3 of Article 5 of this Decree.

2. Based on the results of the inspection as stipulated in Clause 1 of this Article, the unit or organization conducting the inspection must submit a report of the inspection results to the provincial housing management agency. In cases where the apartment buildings fall under the provisions ofClause 2, Clause 3 of Article 5 of this Decree the provincial housing management agency must issue an inspection conclusion and report to the People's Committee of the province about the inspection results, serving as the basis for implementing projects according to approved planning.

3. After receiving the report from the provincial housing management agency, the People's Committee of the province has the responsibility to notify in writing the owners of apartment buildings that need to be renovated or reconstructed as stipulated inArticle 5 of this Decree of this matter, and at the same time publicly list these apartment buildings on the website of the People's Committee of the province and the provincial housing management agency.

Section 2. PLANS FOR RENOVATION AND RECONSTRUCTION OF APARTMENT BUILDINGS

Article 9. Requirements for Establishing Plans for Renovation and Reconstruction of Apartment Buildings

1. For localities that have completed the inspection and quality assessment of all apartment buildings within their jurisdiction as stipulated inArticle 7 and Article 8 of this Decree then within three months from the date this Decree takes effect, the provincial housing management agency must establish plans for renovating and reconstructing apartment buildings as stipulated inArticle 5 of this Decree and submit them for approval by the People's Committee of the province.

In cases where new apartment buildings falling under the provisions ofArticle 5 of this Decree appear after the issuance of the plan for renovation and reconstruction of apartment buildings, the People's Committee of the province shall be responsible for adjusting and supplementing the list of these apartment buildings into the local plan for renovation and reconstruction of apartment buildings as stipulated in Clause 3 of this Article, serving as the basis for project implementation.

2. For localities that have not yet completed the inspection and quality assessment of all apartment buildings within their jurisdiction as stipulated inArticle 7 and Article 8 of this Decree then within three months from the date this Decree takes effect, the provincial housing management agency must establish plans for renovating and reconstructing apartment buildings that have completed the inspection and fall under the provisions ofClause 2, Clause 3 of Article 5 of this Decree to submit for approval by the People's Committee of the province.

3. For apartment buildings that have not yet completed the inspection as stipulated in Clause 2 of this Article, every six months, the provincial housing management agency shall be responsible for reviewing, organizing inspections and quality assessments of apartment buildings, and compiling lists of apartment buildings that need to be renovated or reconstructed as stipulated inClause 2, Clause 3 of Article 5 of this Decree and apartment buildings as stipulated in Clause 3 of Article 110 of the Law on Housing to report to the People's Committee of the province for supplementary approval into the plan for renovation and reconstruction of apartment buildings, serving as the basis for implementation.

Article 10. Establishment and Approval of Plans for Renovation and Reconstruction of Apartment Buildings

1. In cases where plans for renovation and reconstruction of apartment buildings are established and approved concurrently with the local residential development plan implementation period, the provincial People's Committee may incorporate these plans into the local residential development plan or establish them separately.

2. In cases where the local residential development program is adjusted or supplemented, necessitating changes to the plan for renovation and reconstruction of apartment buildings, the provincial People's Committee shall be responsible for organizing the establishment and approval of adjustments to the residential development plan and the plan for renovation and reconstruction of apartment buildings.

3. In cases where apartment buildings fall within the scope prescribed atClause 2, Clause 3 of Article 5 of this Decree and are already included in the plan for renovation and reconstruction but not in the local residential development program, the provincial People's Committee may implement the project for renovation and reconstruction of apartment buildings, then report to the same-level People's Council for approval to adjust and supplement this project into the local residential development program.

Article 11. Contents of Plans for Renovation and Reconstruction of Apartment Buildings

1. The contents of plans for renovation and reconstruction of apartment buildings include:

a) The list and location of apartment buildings and apartment complexes that need renovation and reconstruction, including the time frame for demolishing apartment buildings as stipulated inClause 1, Point a Clause 2 Article 5 before, the time frame for demolishing apartment buildings as stipulated inPoint b Clause 2, Clause 3 Article 5 and other structures (if applicable); in cases of renovation and reconstruction of apartment complexes, the time frame for demolition and reconstruction of the first building in the complex must be estimated, along with the time frame for demolition and reconstruction of remaining buildings in the complex;

b) Estimated sources of funds for implementing the renovation and reconstruction of apartment buildings and apartment complexes within the area; for apartment buildings falling within the scope prescribed at5. In cases where the investment project implementation schedule is delayed compared to the approved investment proposal decision, the competent authority that approved the investment proposal decides to extend or terminate the implementation of the investment project. In the event of termination of the project, the Provincial People's Committee is responsible for organizing the selection of a new investor in accordance with this Decree; for the apartment building renovation and reconstruction project specified in , it is necessary to estimate the project funding to report to the same-level People's Council for consideration and decision;

c) Responsibilities of various levels of People's Committees, Construction Departments, and related agencies in implementing the plan for renovation and reconstruction of apartment buildings;

d) Other relevant contents (if applicable).

2.After the plan for renovation and reconstruction of apartment buildings has been approved (including adjusted plans), the provincial People's Committee is responsible for publicly announcing the contents of this plan on the provincial People's Committee's electronic portal and sending it to the district People's Committees and commune People's Committees where there are apartment buildings requiring renovation and reconstruction to inform the owners and users of apartment buildings about its implementation; simultaneously, the plan should be sent to the Ministry of Construction for monitoring and management.

Section 3. REQUIREMENTS FOR URBAN PLANNING OF AREAS FOR RENOVATION AND RECONSTRUCTION OF APARTMENT BUILDINGS

Article 12. Principles and Requirements for Establishing Urban Planning of Areas for Renovation and Reconstruction of Apartment Buildings and Apartment Complexes

The establishment of detailed urban planning for areas for renovation and reconstruction of apartment buildings and apartment complexes must comply with the following principles and requirements:

1. The competent state agency is responsible for organizing the establishment, review, and approval of detailed urban planning for areas containing apartment buildings and apartment complexes subject to renovation and reconstruction, serving as the basis for developing compensation schemes, support, resettlement, and temporary accommodation arrangements (hereinafter referred to as compensation schemes) in accordance with the provisions of theArticle 20, 21, 22 and Article 23 of this Decree.

2. When establishing, reviewing, and approving the zoning plan and detailed planning for areas with residential buildings, residential complexes subject to renovation and reconstruction, the competent authority must determine certain land use indicators for construction planning, population size, or determine the area of land that can be converted for the purpose of constructing service, commercial, office buildings, or other social infrastructure projects to ensure economic and social efficiency and environmental protection, thereby encouraging investors to participate in the project but must meet and integrate synchronously the technical infrastructure and social infrastructure systems of the area and within the administrative region.

3. The organization of establishing, reviewing, and approving the planning for areas of renovation and reconstruction of residential buildings may be carried out concurrently with the inspection and evaluation of the quality of residential buildings and the establishment and approval of plans for the renovation and reconstruction of residential buildings as stipulated in this Decree.

Article 13. Provisions on the establishment, review, and approval of planning for areas of renovation and reconstruction of residential buildings

1. The establishment, review, and approval of planning for areas of renovation and reconstruction of residential buildings shall be carried out in accordance with the laws on urban planning and construction. During the planning process, in addition to soliciting opinions from the community and related individuals as required by law, the competent authority may also seek the opinions of investors interested in participating in the renovation and reconstruction project to ensure feasibility and alignment with reality.

2. After approving the planning, the competent authority must publicly announce information about the planning according to the laws on planning and post it at the residential area where the renovation and reconstruction project of residential buildings is located so that the owners and users of residential buildings are aware and comply.

3²In cases where the area implementing the renovation and reconstruction of residential buildings, residential complexes has an area smaller than two hectares, the competent state authority shall implement the establishment, review, and approval of detailed planning through a simplified procedure (referred to as the overall site planning preparation procedure). The establishment, review, approval, adjustment, and public announcement of overall site planning shall be carried out in accordance with the laws on construction planning and urban planning.

4. When establishing and approving planning for areas with residential buildings, residential complexes subject to renovation and reconstruction, depending on the specific situation of the locality, the Provincial People's Committee must develop planning solutions for the entire residential complex or residential building or consolidate several residential buildings within the same commune or district administrative area as a basis for determining the implementation of one or more residential building renovation and reconstruction projects to ensure economic, social, and environmental efficiency and link with urban renewal and beautification.

The consolidation of residential buildings as provided for in this clause only applies in cases where the location of the consolidated residential buildings does not involve reconstructing housing but constructing business, service, commercial, and public facilities.

5. In cases where there is a proposal to adjust the approved planning, such adjustments shall be made in accordance with the laws on urban planning and construction.

Mục 4. SELECTION OF THE INVESTOR FOR HOUSING COMPLEX REHABILITATION AND CONSTRUCTION PROJECTS AND DEMOLITION OF HOUSING COMPLEXES

Article 14. Selection of the investor for rehabilitation and construction projects at housing complexes where owners agree with real estate businesses

1. The selection of the investor for the project as stipulated in this Article shall apply to the cases of rehabilitation and reconstruction of housing complexes as prescribed in Article 110 of the Law on Housing, except for cases falling under the provisions of5. In cases where the investment project implementation schedule is delayed compared to the approved investment proposal decision, the competent authority that approved the investment proposal decides to extend or terminate the implementation of the investment project. In the event of termination of the project, the Provincial People's Committee is responsible for organizing the selection of a new investor in accordance with this Decree; for the apartment building renovation and reconstruction project specified in.

2. Based on the plan for rehabilitation and reconstruction of housing complexes, the detailed planning of the housing complex area that must be rehabilitated and reconstructed which has been approved, the scale of land area, population size in the project area, and requirements for compensation, time frame, and progress of the project implementation, the provincial People's Committee shall be responsible for establishing and promulgating criteria for selecting investors (regarding financial capacity, equity capital, experience in implementing projects, financial plans for project implementation, and other criteria applicable to each project); at the same time, they must publicly announce these criteria and the deadline for receiving registration files from potential investors for each rehabilitation and reconstruction project on the provincial People's Committee's online portal and the district People's Committee's portal where the project is located so that housing complex owners can know and select the investor.

3. On the basis of the criteria and the deadline for receiving registration files for investors as announced according to Clause 2 of this Article and the detailed planning of the area with housing complexes that must be rehabilitated and reconstructed, real estate businesses wishing to register as project investors (in accordance with the form issued together with this Decree) shall submit their application along with the capability file meeting the criteria established by the provincial People's Committee and the compensation plan prepared in accordance with the provisions of theAppendix I to the agency designated by the provincial People's Committee to receive applications (the district People's Committee where the housing complex requiring rehabilitation and reconstruction is located or the provincial housing management agency).Article 20, 21, 22 and Article 23 of this Decree4. Within a maximum period of 15 days from the end date of the application receipt period as stipulated in Clause 2 of this Article, the agency designated to receive applications shall be responsible for leading and coordinating with local functional agencies to review the capability files according to the announced criteria and the content of the accompanying compensation plans submitted by registered real estate businesses; if the files meet the requirements, the agency designated to lead shall compile a list of these businesses to organize the selection of the project investor.

5. Within a maximum period of 90 days from the end date specified in Clause 4 of this Article, the agency designated to check the files (if it is the district People's Committee, it must coordinate with the provincial housing management agency; if it is the provincial housing management agency, it must coordinate with the district People's Committee where the project is located) shall organize the collection of opinions from housing complex owners regarding the selection of the project investor. Housing complex owners shall base their decision on the announced investor selection criteria according to Clause 2 of this Article, the list of businesses meeting the criteria along with their capability files and proposed compensation plans to decide on the project investor.

6. When collecting opinions from housing complex owners during the selection of the project investor, it shall be conducted on the principle that each apartment in the housing complex corresponds to one ballot, and at least 70% of the total number of housing complex apartment owners must participate; the selected business must obtain the agreement of at least 75% of the total number of participating housing complex owners; in cases where multiple businesses have registered as investors, the business receiving the highest percentage of owner agreements but not less than 51% of the total number of participating housing complex owners' approval shall be chosen; the organization of the investor selection process must be recorded in a protocol signed by representatives of the district People's Committee where the project is located, the provincial housing management agency, housing complex owners, and the selected business.

In cases where part of the housing complex area belongs to state ownership, the representative of the state owner for this area shall participate in the selection of the project investor.

For other areas within the housing complex that are not apartments and belong to organizations, individuals, or the state, the total usable area of these parts shall be divided by the largest apartment's usable area in the housing complex to determine the voting ballot ratio of the owners, each part equivalent to the largest apartment's area after division being counted as one ballot; if the remaining area after division is larger than half of the apartment area specified herein, it shall be counted as one owner's ballot; if the remaining area after division is smaller than half of the apartment area specified herein, it shall not be counted as one owner's ballot.

During the investor selection process, housing complex owners and participating real estate businesses may agree to adjust the content of the compensation plan prepared by the real estate business, but they must comply with the approved planning content by the competent authority and the provisions on compensation content in the

8. Within a maximum period of 15 days from the date of the protocol on the selection of the project investor as stipulated in Clause 6 of this Article, the agency designated to receive applications must submit a report with the protocol on the selection of the investor and the compensation plan of the selected investor to the provincial People's Committee for consideration and approval; in the Decision approving the compensation plan of the provincial People's Committee, there must be a clear statement of the name of the selected business.Article 20, 21, 22 and Article 23 of this Decree.

8. Within a maximum period of 15 days from the date of the record of the selection of the project investor as stipulated in Clause 6 of this Article, the agency entrusted to primarily receive the files must submit a report with the record of the investor selection and the compensation plan of the selected investor to the People's Committee of the province for consideration and approval; the Approval Decision on the compensation plan of the People's Committee of the province must include the content clearly identifying the name of the enterprise that has been selected.

After the compensation plan is approved, the People's Committee of the province must publicly announce the content of the compensation plan and the name of the selected enterprise on the provincial People's Committee's electronic portal, while sending it to the People's Committees of the district and commune where the apartment building is located for notification to the owners of the apartment building.

9. After the compensation plan is approved, the real estate business enterprise selected as the project investor shall be responsible for handling the procedures to request approval of the investment project proposal in accordance with the laws on investment, housing laws, and this Decree. In the Decision approving the investment project proposal, the competent state agency shall simultaneously approve the enterprise that has been selected as the investor of the apartment building renovation and reconstruction project.

Article 15. Selection of the Project Investor for Apartment Building Renovation and Reconstruction through Bidding

1. The bidding process for selecting the project investor for apartment building renovation and reconstruction as stipulated in this Article shall be carried out in cases where an investor cannot be selected according to the provisions ofArticle 14and the case provided inClause 1 of Article 5 of this Decree. For the case provided in Clause 3 of Article 110 of the Housing Lawif an investor cannot be selected according to the provisions ofArticle 14 of this Decree

then the selection of an investor according to the provisions of this Article shall not continue.Clause 1 of Article 5 of this Decree2. Based on the list of projects stated in the approved renovation and reconstruction plan for apartment buildings or in cases requiring urgent demolition as provided in

, the housing management authority at the provincial level shall be responsible for compiling the list of apartment building renovation and reconstruction projects to conduct bidding for selecting the investor and report to the provincial People's Committee for approval and publication on the provincial People's Committee's electronic portal.

3. Prior to organizing the bidding, the competent authority must handle the procedures to approve the investment project proposal in accordance with the laws on investment, housing laws, and this Decree. The provincial People's Committee shall entrust the provincial housing management authority to act as the tenderer and be responsible for organizing the bidding to select the investor for the project as stipulated in this Article.

4. The contents related to the bidding dossier, evaluation criteria, scoring scale, and selection criteria for investors are regulated as follows:a) The method, evaluation criteria for the bidding dossier, the preparation of the tender invitation dossier, and other related contents for the bidding to select the project investor shall be implemented in accordance with the laws on bidding, excluding the assessment of investment efficiency concerning the land area specified inClause 2 of Article 25 of this Decree

except in the case provided in Clause 5 of this Article;

b) The scoring scale shall be determined with a maximum total score of 100 points based on the following criteria: financial capacity, experience in implementation, project implementation schedule, time for handing over residential buildings and construction works, technical infrastructure investment, social infrastructure, resettlement plan and temporary accommodation, financial plan for implementing the project, business and commercial plan of the project. The tenderer shall determine the specific scores for each criterion stipulated in this clause to apply to each project in accordance with actual circumstances;

c) The templates for notices related to the bidding shall be applied as those prescribed by the laws on bidding.

5. In cases where the scope of the project exceeds the boundary of the existing apartment building or apartment complex land area, when determining the conditions and criteria for inviting bids for the project, the provincial housing management authority must clearly specify the land use index approved for the expanded land area, serving as the basis for determining the floor price to be paid to the state budget as for a commercial housing construction project.

6. The bidding process for selecting the project investor for apartment building renovation and reconstruction shall be conducted in accordance with the bidding process for selecting investors as prescribed by the laws on bidding; the bidding organization costs shall be determined within the total project investment; the bid bond costs shall be implemented in accordance with the laws on bidding.

Article 16. Selection of project investors for cases where the State directly implements projects to renovate and rebuild apartment buildings

1. The State directly invests with the capital sources specified in Clause 3, Article 36 of the Law on Housing (amended and supplemented at Point a, Clause 6, Article 99 of the Law on Public-Private Partnership Investment 2020) to implement projects to renovate and rebuild apartment buildings as prescribed in5. In cases where the investment project implementation schedule is delayed compared to the approved investment proposal decision, the competent authority that approved the investment proposal decides to extend or terminate the implementation of the investment project. In the event of termination of the project, the Provincial People's Committee is responsible for organizing the selection of a new investor in accordance with this Decree; for the apartment building renovation and reconstruction project specified in.

2. The selection of project investors as stipulated in this Article shall be carried out in accordance with Point a, Clause 1, Article 114 of the Law on Housing. In cases where the State decides to organize the selection of project investors through public bidding procedures, it shall be implemented in accordance withArticle 15 of this Decree.

3. The establishment, examination, and approval of compensation plans for projects to renovate and rebuild apartment buildings as stipulated in this Article shall be carried out in accordance with the laws on land.

The compensation plan shall be established in accordance withArticle 20, 21, 22 and 23 of this Decreeand after being approved, must be publicly announced on the website of the People's Committee of the province, sent to the People's Committees of the district and commune where the apartment buildings are located to inform the owners of the apartment buildings and have them comply.

Article 17. Implementation of land clearance and demolition of apartment buildings

1. The implementation of land clearance for projects to renovate and rebuild apartment buildings shall be carried out according to the following provisions:

a) For projects as prescribed inif an investor cannot be selected according to the provisions of the investor shall cooperate with the People's Committee of the district where the project is located to organize compensation and land clearance to implement the project;

b) For projects as prescribed inArticle 15, Article 16 of this Decree land clearance shall be carried out in accordance with the laws on land.

2. Demolition of apartment buildings shall be carried out according to the following provisions:

a)Before carrying out demolition, the investor must establish and approve the demolition plan and solutions in accordance with construction laws;

b) The investor shall carry out demolition themselves if they have sufficient capacity as prescribed by construction laws or hire organizations with demolition capacity to carry out demolition according to the approved demolition plan and solutions;

c) In cases where demolition is necessary due to accidents, natural disasters, fires, or explosions, the organization assigned to demolish shall be responsible for carrying out demolition in accordance with construction laws.

Chapter III. RIGHTS AND RESPONSIBILITIES OF PROJECT INVESTORS, OWNERS, AND USERS OF APARTMENT BUILDINGS; COMPENSATION PLANS; MECHANISMS FOR APPLICATION TO RENOVATION AND REBUILDING PROJECTS OF APARTMENT BUILDINGS

Section 1. RIGHTS AND RESPONSIBILITIES OF PROJECT INVESTORS, OWNERS, AND USERS OF APARTMENT BUILDINGS

Article 18. Rights and responsibilities of investors in projects to renovate and rebuild apartment buildings

1. For cases prescribed inArticle 14 and Article 15 of this DecreeThe Minister of Labor - Invalids and Social Affairs issues this Circular regulating the adjustment rate for monthly wages and income already contributed to social insurance.the project investor has the following rights:

a) Request relevant agencies and organizations to complete procedures to implement the project in accordance with the law;

b) Lease, lease-purchase, sell housing and commercial service facilities (if any) within the scope of the project; raise funds to invest in building housing and other facilities within the project in accordance with the laws on housing and real estate business;

c) Manage and operate technical infrastructure systems within the scope of the project in accordance with the investment project proposal approved by the competent state authorities and in accordance with the law;

d) Carry out business activities related to business and service facilities within the scope of the project in accordance with the approved investment project proposal (if any);

đ) Request competent state authorities to issue Certificates of Ownership for housing and other facilities (if any) within the project in accordance with the laws on land and housing;

e) Be granted land, leased land, and permission to change land use purposes for areas used for residential, business, service, and commercial purposes and other types of land within the scope of the project to renovate and rebuild apartment buildings in accordance with the law;

g) Enjoy preferential mechanisms as prescribed in this Decree and related laws during the implementation of the project;

h) Exercise other rights as prescribed by law.

2. For cases prescribed atArticle 16 of this Decree4. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, the People's Committee of Haiphong City, the People's Committee of Can Tho City, the People's Committee of Nghe An Province, the People's Committee of Thanh Hoa Province, and the Heads of related units are responsible for implementing this Decision.the investor has the following rights:

a) Sell, lease, lease-purchase resettlement housing units and other areas that are not housing as prescribed by law;

b) The rights prescribed in Points a, c, d, e, and h of Clause 1 of this Article;

c) Other rights as prescribed by law;

3. Investors in projects to renovate and rebuild apartment buildings as prescribed inArticle 14 and Article 15 of this Decree have the following responsibilities:

a) Fulfill the responsibilities of project investors as prescribed in Clauses 1, 3, 5, 6, 7, 8, 9, and 10 of Article 26 of the Law on Housing and related laws on real estate business;

b) Arrange temporary accommodation, compensate, support, and resettle owners of demolished apartment buildings according to the approved compensation plan in accordance with the Law on Housing, this Decree, and related laws;

c) Organize acceptance and handover of housing and construction facilities for resettlement in accordance with construction laws to owners in accordance with the approved compensation plan; hand over social infrastructure and technical infrastructure facilities to the state in accordance with the approved investment project proposal and in accordance with the law;

d) Fulfill financial obligations and other obligations as prescribed in this Decree and related laws.

4. Investors in projects as prescribed inArticle 16 of this Decree have the responsibility:a) Fulfill the provisions in Clauses 1, 3, 5, 6, 8, 9, and 10 of Article 26 of the Law on Housing and the provisions in Point b, c of Clause 3 of this Article;

b) Fulfill other obligations as prescribed by law.

b) Fulfill other obligations as prescribed by law.

Article 19. Rights and responsibilities of the owner and user of communal apartment buildings subject to demolition for renovation and reconstruction

1.The owner of a communal apartment building (except in cases stipulated in Clause 2 of this Article) shall have the following rights:

a)Participate in selecting real estate businesses for the renovation and reconstruction of communal apartment buildings in accordance with this Decree;

b) Be resettled, be provided with temporary accommodation, choose the form of compensation as prescribed in this Decree; request the project investor to pay the difference in compensation (if any) as prescribed in this Decree;

c) Receive from competent authorities a Certificate in accordance with laws on housing and land for houses and works that have been compensated and resettled;

d) Participate in supervising the implementation of the project in accordance with the law;

đ) Purchase temporary accommodation houses if these houses are eligible for sale under this Decree and the owner does not wish to purchase or lease-purchase resettlement houses as prescribed in this Decree;

e) Transfer the contract for purchasing resettlement houses or temporary accommodation houses (if purchased); the procedures for transferring such contracts shall be carried out in accordance with the provisions on transferring commercial housing purchase contracts under laws on housing and real estate business; the final transferee of the resettlement house purchase contract shall be issued a Certificate in accordance with laws on land and housing;

g) Be compensated for losses in case of damage occurring in accordance with the signed contract and the provisions of the law;

h) Enjoy other rights as prescribed by law.

2. The owner of state-owned houses and other works shall have the rights prescribed in points a, b, d, g, and h of Clause 1 of this Article.

3. Responsibilities of the owner of a communal apartment building:

a) Implement the approved compensation plan; comply with relocation to implement clearance and demolition of houses and construction works within the project area according to the approved demolition plan and solutions;

b) Comply with and facilitate organizations, units, and competent authorities to conduct inspection and evaluation of the quality of communal apartment buildings in accordance with laws on construction and this Decree;

c) Facilitate the project investor and construction contractor to implement the project according to the content approved by the competent authority;

d) Participate in soliciting opinions to select the project investor in accordance with the provisions atif an investor cannot be selected according to the provisions of; comply with the contents of the contract for purchasing, leasing, or lease-purchasing resettlement houses already signed; pay maintenance fees for the common property of the communal apartment building when purchasing or lease-purchasing resettlement houses in accordance with housing laws;

đ) Comply with decisions related to competent state agencies;

e)Fulfill other obligations and responsibilities as prescribed by law.

4.Users of communal apartment buildings subject to demolition for renovation and reconstruction shall be resettled in accordance with this Decree and must fulfill obligations and responsibilities as agreed with the owner and prescribed in point a, b, c, đ, and e of Clause 3 of this Article.

Mục 2. SCHEMES FOR COMPENSATION, SUPPORT, RELOCATION, AND TEMPORARY HOUSING ARRANGEMENTS FOR OWNERS AND USERS OF APARTMENT BUILDINGS

Article 20. Principles and contents of compensation, support, relocation, and temporary housing arrangements for owners and users of apartment buildings

1.||| The construction and implementation of compensation schemes for renovation and reconstruction projects of apartment buildings must comply with the following principles:

a) Compliance with regulations atArticle 4 of this Decree; resettlement households must ensure national technical standards and criteria for apartment buildings as prescribed;

b) It must include the contents stipulated in Clause 2 of this Article and be established based on detailed planning or overall site plans, architectural designs of the project that have been approved;

c) The arrangement of resettlement housing shall be carried out through contracts for the sale, lease, or lease-purchase of resettlement housing to ensure the interests of owners and users of apartment buildings;

d) Compensation, support, relocation, and temporary housing arrangements must ensure transparency, objectivity, and compliance with the approved compensation scheme by competent state authorities. The costs of organizing the implementation of compensation, support, and relocation shall be determined within the total investment limit of the project;

đ) In cases where apartment buildings must be demolished but according to the approved planning, they will not be rebuilt but other constructions (including cases prescribed in atClause 4, Article 13 of this Decree) then the owner may choose to be compensated in cash or relocated to another location.

In cases of relocation to another location, it may be arranged at a project for building resettlement housing or commercial housing in the same commune level if there is no such housing in the commune level, it will be arranged in the same district level; if there is no such housing in the district level, it will be arranged at another project in a nearby district level or if the owner requests, they can purchase, lease, or lease-purchase social housing in the area in accordance with housing laws. For individual house compensation as prescribed inClause 4, Article 21 of this DecreeThe Minister of Labor - Invalids and Social Affairs issues this Circular regulating the adjustment rate for monthly wages and income already contributed to social insurance., no relocation at the original location will be provided, and the provincial People's Committee will be responsible for planning another location for relocation in accordance with the principle of determining the area specified herein;

e)||| Owners who are entitled to relocation will be issued a Certificate in accordance with land and housing laws and will not have to pay land use fees for the area of relocation (including cases of relocation to another location or cases of purchasing temporary housing), except for owners of state-owned houses.

2.||| The contents of the compensation scheme include:

a) Name and address of the owner, user of the apartment building;

b) Location and area of the old house; location and area of the house allocated for relocation;

c) Sale price of housing, rental, and lease-purchase prices of resettlement housing, other facilities (if any); value of housing and other construction works (if any) allocated for relocation;

d) Price for calculating compensation for housing, other construction works (if any); value of housing and other construction works (if any) compensated;

đ) Amount of difference that the developer or owner must pay (if any);

e) Project implementation time; completion time for compensation, support, relocation, and temporary housing arrangements; time for handing over resettlement housing;

g) Temporary housing arrangements, costs for supporting temporary housing;

h) Contents regulated prescribed inArticle 21, 22 and 23 of this DecreeThe tasks, functions, and working regulations of the Political Affairs Office shall be stipulated by the Rector of the Financial Accounting University in Hanoi. The staffing of the Political Affairs Office shall be within the total staffing of the Financial Accounting University in Hanoi.shall cover other related contents (if any).

Article 21. Compensation, Support, and Resettlement Plan for Housing and Construction Works³

1. The compensation, support, and resettlement plan applicable in cases where the owner of a condominium unit requests on-site resettlement shall be implemented according to the following provisions:

a) Based on the specific conditions of the project in each area, the provincial People's Committee decides on the compensation coefficient k from 1 to 2 times the usable area of the old apartment recorded in the Certificate of Ownership issued at different periods or the area meeting the conditions for issuance of the Certificate of Ownership, serving as the basis for the developer to establish the compensation plan. In cases where there is additional area outside the recognized area in the Certificate of Ownership or outside the area meeting the conditions for issuance of the Certificate of Ownership, such areas shall be resolved according to the provisions of land laws. The resettlement apartment area after applying the coefficient k will be converted into money and clearly stated in the compensation plan, serving as the basis for determining the value of the sales contract for resettlement housing and the obligation to pay the difference in price between the parties (if any).

For owners of the first floor who have reserved part of the house for business before the effective date of this Decree and the project has allocated a portion of the area for commercial and service activities according to the approved planning, in addition to being compensated according to the provisions of this point, if the owners have a need, they may purchase or lease a portion of the commercial and service floor area for business purposes; the selling price of this area will be calculated based on the construction cost distributed per 1 square meter of commercial and service floor area plus 10% of the prescribed profit margin; the rental price of the commercial and service area will be agreed upon by the parties.² commercial trading floor, service plus 10% of the profit standard as prescribed; the rental price for business and service area is agreed upon by the parties;

b) If the value of the resettlement apartment is higher than the value of the old apartment after conversion according to the coefficient k specified in point a of this clause, the parties must sign a sales or lease-purchase contract for resettlement housing and pay the additional value difference; if the owner does not purchase or lease-purchase, they will not be resettled and will be paid in full for the compensation value according to the regulations. If the value of the resettlement apartment is lower than the value of the old apartment after conversion according to the coefficient k specified in point a of this clause, the developer must pay the owner the difference in value.

c) For the common-use area, the coefficient k = 1 shall apply; in cases where the common-use area belongs to state ownership, the developer must pay the state in cash according to the principle of multiplying the current usable area of the building by the standard price of new residential buildings issued by the provincial People's Committee at the time of establishing the compensation plan multiplied by the remaining quality ratio of the existing building. In cases where the common-use land area has not been transferred to the state according to the law when selling housing, the developer must pay the state in cash according to the price equal to 100% of the residential land price issued by the provincial People's Committee at the time of establishing the compensation plan multiplied by the common-use land area multiplied by the adjusted coefficient k (if any).

2. In cases where the owner of a condominium unit does not request on-site resettlement but the developer has available land and housing at another location for resettlement and the owner has a need, they shall be resettled according to the mechanism stipulated in Clause 1 of Article 21 of this Decree.

3. In cases where the owner of a condominium unit does not request resettlement according to the provisions of Clause 1 and Clause 2 of this Article, they shall be compensated in cash according to the value of the apartment after conversion according to the coefficient k specified in point a of Clause 1 of this Article; if the owner has a need, they shall implement the purchase, lease, or lease-purchase of social housing in the locality according to the law on housing.

4. For owners of individual houses, they shall be resettled according to the principle stipulated in point d of Clause 1 of Article 20 of this Decree and shall be implemented as follows:

a) For the land area, compensation shall be carried out according to the principle of multiplying the current land area recorded in the Certificate of Ownership or the area meeting the conditions for issuance of the Certificate of Ownership by the specific land price to calculate the compensation amount according to the land law at the time of establishing the compensation plan; in cases where there is additional land area outside the area specified in this point, it shall be resolved according to the provisions of the land law;

b) The resettlement land area shall be determined according to the planning approved by the competent authority and converted into money according to the principle of multiplying the land price determined according to the provisions of point a of this clause by the resettlement land area; in cases where there is a difference in the compensation value, the parties shall be responsible for paying the difference;

c) For the construction area of housing, compensation shall be carried out according to the principle of multiplying the current usable housing area by the new housing construction price issued by the provincial People's Committee at the time of establishing the compensation plan multiplied by the remaining quality ratio of the current housing. In cases where the developer constructs resettlement housing, the owner shall be responsible for paying the construction costs of this housing to the developer;

d) In cases where the owner does not require resettlement with individual housing, they shall be compensated in cash according to the principles stipulated in points a and c of this clause; if the owner has a need, they may purchase a condominium unit in the project at the resettlement apartment sales price determined in the approved compensation plan or purchase or lease-purchase social housing in the locality according to the law on housing.

5. For headquarters and office buildings legally owned by organizations that do not fall under the provisions of Clause 2 of Article 22 of this Decree, if the planning still allocates an area for headquarters and office space, the owner shall be compensated according to the coefficient k = 1 times the old land area determined according to the principle stipulated in point a of Clause 1 of this Article; for the construction area of legally owned headquarters and office buildings, compensation shall be carried out according to the principle stipulated in point c of Clause 4 of this Article.

In the case where the owner does not require compensation at the old location or according to the approved planning does not rebuild the office premises or workplace, the owner shall be compensated in cash as provided for in Point d Clause 4 of this Article; in the event that within the project area there is office floor space, service, and commercial areas and the owner has a need, they may be prioritized to purchase, lease, or lease-purchase part of this area at the price specified in Point a Clause 1 of this Article.

Article 22. Compensation, Support, and Resettlement Plan for State-Owned Housing and Construction Works

1. In the case where state-owned apartment buildings must be demolished, tenants shall be resettled according to the following provisions:

a) In the case of demolition to rebuild apartment buildings, tenants shall be arranged to rent apartments with an area according to the approved design but not less than the usable area of the old apartment, except in cases where there is no need to rent housing; the rental price for housing shall be applied as for social housing rental under state ownership; if the State sells these apartments, tenants shall have the right to purchase them according to the regulations on selling housing under state ownership;

b) In the case where according to the approved planning, apartment buildings will not be rebuilt at the old location, tenants shall be arranged to rent apartments at other locations as stipulated in Point d Clause 1 of Article 20 and the mechanism stipulated in Point a of this clause; if tenants have a need, they may purchase, lease, or lease-purchase social housing in the area according to the laws on housing.

2. For social infrastructure works, office premises, and workplaces under state ownership within the project area (if any), the resolution shall be implemented as follows:

a) In the case where when implementing the project to renovate and rebuild apartment buildings, according to the approved planning, social infrastructure works, office premises, and workplaces are still arranged within the project, the State shall be responsible for investing and constructing or entrusting the developer to implement the investment and construction of these works; in the case where the developer stipulates atArticle 14, Article 15 of this Decree implements construction, after handing over to the competent authority, the State shall be responsible for paying all the costs invested in constructing these works to the developer from the state budget funds;

b) In the case where according to the approved planning, social infrastructure works, office premises, and workplaces will not be rebuilt, the resolution shall be implemented according to the laws on land.

Article 23. Temporary Accommodation Arrangement Plan for Owners and Users of Apartment Buildings

The arrangement of temporary accommodation for owners and users of apartment buildings during the implementation of the project to renovate and rebuild apartment buildings must be clearly defined in the compensation plan as follows:

1. In the case where the owner arranges their own accommodation, the developer shall be responsible for paying the cost of renting housing and other expenses (if any) during the project implementation period according to the approved compensation plan.

2. In the case where the owner cannot arrange their own accommodation, the People's Committee of the province where the project is located shall be responsible for organizing, coordinating with the developer to arrange temporary accommodation for the owners in the forms: purchasing commercial housing or using the resettlement housing fund or investing in building the housing fund from the provincial budget or from the Investment Development Fund, Housing Development Fund of the locality (if any) to arrange temporary accommodation.

3. In the case where they are renting housing under state ownership, the People's Committee of the province shall be responsible for arranging temporary accommodation or paying money for users to arrange their own accommodation during the project implementation period according to the housing laws.

4. The arrangement of temporary accommodation must ensure convenience for the daily life of owners and users; in the case of investing in building a housing fund for temporary accommodation, it must meet the requirements of quality, construction standards, and housing standards; in the case where temporary housing is eligible for sale and the owner currently residing in temporary housing wishes to purchase it, the sale of this housing shall be carried out for the owners instead of resettlement; the selling price of this housing and the payment of any difference (if any) shall be determined as in the case of compensation, support, and resettlement mentioned in the compensation plan.

Article 24. Signing contracts for purchasing, renting, or leasing resettlement housing and construction projects

1. Persons assigned to resettlement shall enter into contracts for renting, leasing, or purchasing resettlement housing with the project developer or the entity responsible for resettlement.

2. In cases of purchasing or leasing resettlement housing, the signing of contracts shall be carried out according to the following provisions:

a)The parties shall agree to choose to sign either a sales contract or a lease-purchase contract for resettlement housing. A lease-purchase contract for resettlement housing shall only apply when the value of the resettlement housing exceeds the value of the old housing after conversion according to the coefficient k specified inpoint a, Clause 1, Article 21 of this Decree;

b) In cases where a purchase or lease-purchase contract for a condominium unit is signed, the parties must clearly state in the contract the amount of maintenance fees for the common areas of the condominium building that the buyer or lessee must pay in accordance with the laws on housing;

c) The sales contract shall be established based on the model prescribed atSeal Registration Certificate, and the lease-purchase contract shall be established based on the model prescribed atANNEX IIIissued together with this Decree; based on these contract models, the parties may supplement additional contents suitable for each specific case but must not contravene the provisions already stated in the contract, violate social morals, or contravene the law. Notarization and certification of these contracts shall be carried out in accordance with the

Housing Law.

3. In cases of purchasing or leasing social housing, the signing of purchase or lease-purchase contracts for housing shall be carried out in accordance with the regulations on the development and management of social housing.

4. In cases of resettlement through the provision of rental housing owned by the State, the signing of rental housing contracts shall be carried out in accordance with the regulations on the management and rental of State-owned housing.

5. In cases of purchasing, leasing, or leasing the commercial and service floor area, contracts shall be signed with the project developer or the entity responsible for resettlement in accordance with the laws on real estate business.

6. The signing of contracts stipulated in this Article shall be carried out after the completion of the foundation construction of the housing in accordance with the laws on housing and real estate business, or after the acceptance of the housing construction project in accordance with the laws on construction. The handover of housing and construction projects for resettlement must be clearly recorded in the contract and can only be implemented after the completion of the acceptance and putting into use of the housing construction project, other construction projects, and technical infrastructure and social infrastructure serving residential needs (if any) in accordance with the laws on construction and related laws.

Section 3. MECHANISMS APPLIED IN THE RECONSTRUCTION AND REBUILDING OF APARTMENT BUILDINGS

1.Article 25. Land mechanisms

a)The issuance of decisions on land recovery and allocation, land leasing, and permission to change land use purposes to implement apartment building reconstruction and rebuilding projects as stipulated in this Decree shall be carried out according to the following provisions:if an investor cannot be selected according to the provisions ofFor the case specified in

it shall be carried out after the competent authority decides to approve the investment proposal of the project;b) For the cases specified inArticles 15 and 16 of this Decree

they shall be carried out in accordance with the laws on land. The procedures and formalities for land recovery, allocation, leasing, and permission to change land use purposes for implementing the project stipulated in this clause shall be carried out in accordance with the laws on land. In cases where the owners do not comply with the land recovery by the competent state agency, the People's Committee of the province shall organize forced land recovery to hand over the site to the project investor.

2. The investor of the apartment building reconstruction and rebuilding project shall be exempted from land use fees, land lease fees, and land purpose change fees for the land area allocated to implement the apartment building reconstruction and rebuilding project, apartment complex (including the area for constructing existing apartment buildings, existing individual houses (if any), the area for constructing commercial, service, trade, public works, and the area for constructing technical and social infrastructure within the existing apartment building and apartment complex boundaries, except for the cases specified inClause 2 of Article 22 of this Decree).

3. In cases where the project scope specified inClause 3, Article 4 of this Decreehas a larger land area than the area specified in Clause 2 of this Article, the investor must pay land use fees, land lease fees, and land purpose change fees for the excess area according to the following provisions:

a) In cases of tendering to select the investor, the investor shall fulfill their financial obligations regarding land according to the winning bid price specified inArticle 15 of this Decree;

b) In cases where there is no tendering to select the investor, the investor shall fulfill their financial obligations regarding land in accordance with the laws on land.

4. In cases where the investor proposes an increase in the land use coefficient after being selected, which is consistent with the approved planning and is approved by the competent authority, the investor must pay additional land use fees for the increased portion according to the law.

5. In cases where the apartment building must be demolished but, according to the approved planning, does not continue to construct housing but constructs another type of building (except for the cases specified in Clause 6 of this Article) or continues to construct housing but the apartment building owners agree not to be resettled in place and the investor has compensated and resettled the owners elsewhere in accordance with this Decree, the project investor shall enjoy the preferential land mechanisms stipulated in Clause 2 of this Article.

6.In cases where the resettlement project is implemented according to the consolidation solution specified inClause 4, Article 13 of this DecreeIf the project cannot achieve financial efficiency, then the People's Committee of the province shall report to the Prime Minister for consideration and decision on the exemption of land use fees, land lease fees, and land purpose change fees for the area of old apartment buildings after consolidation to ensure the financial efficiency of the project; for the remaining area not eligible for such exemptions, the investor must fulfill their financial obligations regarding land according to the law, except in cases where public works are constructed.

Article 26. Mechanism for Mobilizing Capital

1. In cases of renovation and reconstruction of apartment buildings not funded as specified in Clause 3, Article 36 of the Law on Housing, the investor may mobilize capital from the following sources:

a) Sources of capital as stipulated in Article 72 of the Law on Housing, including capital owned by the investor, capital raised through forms such as equity investment, joint venture investment, business cooperation, joint stock, and collaboration with organizations, households, and individuals; capital from the Land Development Fund, compensation and resettlement funds when implementing land clearance according to the law, and other lawful sources;

b) Purchase money, hire purchase money, rent for future housing projects, and the area of commercial service construction (if any) within the scope of the project;

c) Loans from credit institutions and financial organizations operating in Vietnam (if any).

2. In cases where the owners of apartment buildings are relocated and must pay additional area difference fees, they can borrow funds from credit institutions and financial organizations operating in Vietnam, from the Housing Development Fund, and other local sources (if any) according to the laws on banking and related laws to settle this difference amount.

Chapter IV. IMPLEMENTATION PROVISIONS

Article 27. Transitional Provisions

1.For localities that have approved plans for the renovation and reconstruction of apartment buildings before the effective date of this Decree, there is no need to re-establish and approve plans according to this Decree, except in cases where adjustments to the plan are necessary to align with housing development programs or actual needs of the locality; the Provincial People's Committee must publicly disclose the approved plan before the effective date of this Decree to the owners and users of apartment buildings according to Clause 2, Article 11 of this Decree.Clause 2, Article 11 of this Decree.

2. In cases where the renovation and reconstruction projects of apartment buildings already have investment decisions or approval of investment orientation from competent authorities, there is no need to re-implement these decisions or approvals according to this Decree, except in cases requiring adjustments to the content of the investment decision or investment orientation approval.

In cases where applications for approval of investment orientation have been submitted but the competent authority has not issued an approval decision by the effective date of this Decree, the approval of investment orientation shall be carried out according to this Decree.

3. For renovation and reconstruction projects of apartment buildings where the competent authority has selected investors, there is no need to re-select investors according to this Decree, except in cases stipulated in Clause 5, Article 4 of this Decree.Clause 5, Article 4 of this Decreeand in cases where the investor has not yet implemented compensation according to Clause 5 of this Article.

4. In cases where the investor has completed compensation according to the approved compensation plan before the effective date of this Decree, there is no need to re-compensate according to this Decree, except in cases where areas of houses and land were not included in the compensation plan, in which case compensation for these areas will be carried out according to this Decree.

5. In cases where a compensation plan was approved but not implemented before the effective date of this Decree, all parties shall re-negotiate the compensation plan according to this Decree, except in cases where all parties agree to continue implementing the previously approved compensation plan. In cases where the compensation plan is renegotiated but the project does not achieve financial efficiency according to the detailed planning already approved, the investor may propose the competent authority to review and adjust the approved planning to achieve financial efficiency of the project.

Beyond twelve months for apartment building renovation and reconstruction projects, and twenty-four months for apartment complex renovation and reconstruction projects, from the effective date of this Decree, excluding the time for adjusting the planning as provided in this clause (if any), if the investor and apartment building owners cannot agree on the compensation plan according to the ratio specified in Clause 6, Article 14 of this Decree,Clause 6, Article 14 of this Decreethen the Provincial People's Committee must terminate the project and organize the selection of a new investor according to this Decree.

6.For apartment building renovation and reconstruction projects that have been approved for implementation under the Build-Transfer (BT) model, transitional measures shall be handled according to the laws on investment under the Public-Private Partnership (PPP) model.

Article 28. Responsibility for Implementation

1. Responsibilities of the Ministry of Construction:

a) Assist the Government and the Prime Minister in guiding, directing, and urging localities in the implementation of regulations on apartment building renovation and reconstruction according to this Decree and the Law on Housing;

b) Provide specific guidance on the inspection and evaluation of factors to determine the quality of apartment buildings according to the laws on construction and apartment buildings as stipulated inArticle 5 of this Decree;

c) Take the lead or coordinate with relevant ministries and sectors to conduct inspections and supervision of the implementation of this Decree; compile and report to the Prime Minister periodically or urgently on the situation of apartment building renovation and reconstruction nationwide;

d) Study and propose related mechanisms and policies concerning the demolition, renovation, and reconstruction of apartment buildings for issuance within their authority or submission to competent authorities for examination and issuance.

đ) Perform the tasks assigned in accordance with the Law on Housing, this Decree, and other tasks assigned by the Government and the Prime Minister.

2. Ministries and agencies within their respective functions and tasks shall be responsible for issuing regulations within their authority or proposing competent authorities to amend and supplement relevant provisions concerning the renovation and reconstruction of apartment buildings; taking the lead or coordinating with the Ministry of Construction in implementing the provisions of this Decree.

3. People's Committees of provinces and centrally governed cities shall be responsible for:

a) Organizing, supervising, and directing the implementation of the renovation and reconstruction of apartment buildings within their jurisdiction to ensure compliance with deadlines and relevant laws including the Law on Housing, this Decree, and other related laws to ensure the safety of lives and property of residents in apartment buildings and residential complexes.

b) Allocating funds from local budgets to carry out the following activities: inspecting and evaluating the quality of apartment buildings; organizing the preparation and approval of plans for the renovation and reconstruction of apartment buildings; preparing, reviewing, and approving planning schemes for areas requiring renovation and reconstruction of apartment buildings and residential complexes; renovating and reconstructing apartment buildings and residential complexes as specified in5. In cases where the investment project implementation schedule is delayed compared to the approved investment proposal decision, the competent authority that approved the investment proposal decides to extend or terminate the implementation of the investment project. In the event of termination of the project, the Provincial People's Committee is responsible for organizing the selection of a new investor in accordance with this Decree; for the apartment building renovation and reconstruction project specified inand performing tasks during the investment phase within the responsibility of the locality.

c) Clearly defining the area exempted from land use fees, land rental fees, and land purpose change fees within the scope of the project for the renovation and reconstruction of apartment buildings as stipulated ina) The method, evaluation criteria for the bidding dossier, the preparation of the tender invitation dossier, and other related contents for the bidding to select the project investor shall be implemented in accordance with the laws on bidding, excluding the assessment of investment efficiency concerning the land area specified into ensure that state budget losses are avoided.

d) Organizing the compulsory recovery of land and relocation in accordance with this Decree and the Land Law.

đ) Issuing specific mechanisms and policies within their authority that are suitable to local conditions to implement projects for the renovation and reconstruction of apartment buildings within their jurisdiction.

e) Reporting to the Ministry of Construction on the results of the renovation and reconstruction of apartment buildings within their jurisdiction periodically or at any time for consolidation and reporting to the Government and the Prime Minister.

g) Performing other tasks as prescribed in the Law on Housing, this Decree, and other related laws.

Article 29. Effective Date⁴

1. This Decree takes effect from September 1, 2021.

2. This Decree replaces Decree No. 101/2015/NĐ-CP dated October 20, 2015 of the Government on the Renovation and Reconstruction of Apartment Buildings.

3. After this Decree comes into force, requirements for general layout drawings and architectural design proposals for construction projects as stipulated in Clause 4, Article 14 of Decree No. 37/2010/NĐ-CP dated April 7, 2010 of the Government on the Preparation, Review, Approval, and Management of Urban Planning and Clause 5, Article 10 of Decree No. 44/2015/NĐ-CP dated May 6, 2015 of the Government detailing certain contents regarding urban planning for the renovation and reconstruction of apartment buildings shall be implemented in accordance with this Decree.

4. Contents related to relocation, forced eviction, demolition, and the renovation and reconstruction of apartment buildings as stipulated in previous Government Decrees, Prime Minister's Decisions, and regulatory legal documents issued by ministries, sectors, and provincial People's Committees before this Decree takes effect, if they fall within the scope of adjustment of this Decree, shall be implemented in accordance with this Decree.

5.The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for enforcing this Decree.

ANNEX I

APPLICATION FOR PARTICIPATION AS THE INVESTOR OF THE PROJECT FOR THE RENOVATION AND RECONSTRUCTION OF APARTMENT BUILDINGS
(Attached to Decree No. 69/2021/NĐ-CP dated July 15, 2021 of the Government)

APPLICATION FOR REGISTRATION

Participate as the investor of the project for the renovation and reconstruction of apartment buildings

Respectfully submitted to: ...

Based on the Law on Housing dated November 25, 2014;

Based on Decree No. ...;

Based on other related legal documents: ...;

Company ... (name of enterprise) registers to participate as the investor of the project ... (name of project)

1.General information about the enterprise:

- Name of enterprise:...

- Main office address:...

- Telephone:... Fax:... Email:...

- Business Registration Certificate number:... issued by... on...

- Business sector:…

- Registered capital:...

- Legal representative (Mr./Ms.): ...

Position: ...(ID card/passport/citizen identification card number ...issued on ...at...)

2.Information about the registered investment project:

- Project name:...

- Project address:...

- Project information according to the detailed planning scheme already approved includes: population size, land use structure, land use planning indicators,...

3.Enterprise's proposals

- Investment objectives:

- Estimated total investment amount:

- Investment capital and funding plan (including proof of the investor's financial capacity in accordance with the Land Law, Investment Law, and ability to raise funds to implement the investment project):

- Estimated duration and progress of the project:

- Proposals for land use and land purpose change (if applicable), investment incentives proposed, economic and social impacts of the project, preliminary environmental impact assessment (if applicable) in accordance with the Environmental Protection Law.

- Other proposals (if applicable):

(This application is accompanied by the legal documents of the unit prepared in accordance with criteria issued by the provincial/municipal People's Committee ..., and the compensation, support, and resettlement plan in accordance with Decree No. ...)

The enterprise ... hereby commits to bear full legal responsibility for the accuracy and truthfulness of the content of this application.

ANNEX II

MODEL CONTRACT FOR THE SALE OF RELOCATION HOUSING
(Attached to Decree No. 69/2021/NĐ-CP dated July 15, 2021 of the Government)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
^____________

CONTRACT FOR THE SALE OF RELOCATION HOUSING

(Implementing the Project for the Renovation and Reconstruction of Apartment Buildings in...)

No. .../HĐ

Based on the Civil Code dated December 9, 2015;

Based on the Law on Housing dated November 25, 2014;

Based on Decree No. ... dated ... month ... year 2021 of the Government on the Renovation and Reconstruction of Apartment Buildings;

Based on the compensation, support, and resettlement plan approved by the provincial/municipal People's Committee ... at Decision No. ... dated ... month ... year ...;

Based on ...

The two parties involved include:

THE PROJECT INVESTOR OR UNIT RESPONSIBLE FOR ARRANGING RELOCATION HOUSING (hereinafter referred to as the Seller):

- Name of Unit:...

- Legal representative:...

- Contact address:...

- Permanent residence registration:...

- Telephone:...Fax (if applicable):...

- Account number:...at Bank:...

- Tax code:...

BÊN ĐƯỢC BỐ TRÍ NHÀ Ở TÁI ĐỊNH CƯ (sau đây gọi tắt là Bên mua):

Is the owner of apartment unit/individual house number ... belonging to Apartment Building...Residential Complex... located at address ...

- Represented by Mr./Mrs.:...

- ID card number (passport or military identification card or citizen identity card) number ...issued on.../.../...at ...

- And spouse (if applicable) is: ...

- ID card number (passport or military identification card or citizen identity card) number ...issued on.../.../...at ...

- Permanent or temporary residence registration:...

- Contact address:...

- Telephone:...Fax (if applicable):...

- Account number:...at Bank:...

(in capital letters)

We hereby agree to sign the Resettlement Housing Purchase Contract for the apartment building number ... after it has been renovated and rebuilt with the following contents:

Article 1. Information about resettlement housing

1. Type of housing(apartment unit or individual house):...

2.Address of housing:...

3. Usable area...m²²

4. Information about private ownership, common ownership, private use, common use (if it is an apartment unit):

5. Main fixtures attached to the housing:...

6. Other information:...

(Attached to this contract is a schematic diagram of the housing location and floor plan)

Article 2. Sale price and payment method

1. Price of resettlement housing:...VND/m²².

2. Area of resettlement housing according to the compensation, support, and resettlement plan approved by the Provincial/Municipal People's Committee:...m²².

3. Total contract value:...VND.

(In words:...This amount includes land use value and VAT)

4. Maintenance fund at 2% of the total contract value:...VND

(In words:...)

5. Area of old housing that the Buyer is compensated by the Seller for resettlement without payment:...m²²Equivalent to the amount of money:...VND.

(In words:...)

6. Amount of difference that the owner must pay (if applicable):...VND.

(The difference between the total sale price of the housing (excluding maintenance costs) and the equivalent amount of money for the area of housing that the buyer is compensated for resettlement without payment: 6 = 3-5)

7. Payment method:

- The amount of difference specified in Clause 6 of this Article shall be paid by(clearly state whether it is paid in cash or transferred through a bank)

- The maintenance fund specified in Clause 4 of this Article shall be transferred through a bank:...

8. Time limit for payment:

a)For the amount of difference specified in Clause 6 of this Article (the parties agree to choose the payment method).

- Pay in full on...day...month...year... (or within...days from the date of signing this Contract).

- In case of purchasing housing under deferred payment terms, payments shall be made in the following installments:

+ First installment is...VND.

+ Second installment is...VND.

+ Subsequent installments...VND.

Prior to each payment installment as agreed in this clause, the Seller shall notify the Buyer in writing(through methods such as fax, postal service...)of the amount to be paid and the payment deadline from the date of receipt of the notification.

b)As for the maintenance fund specified in Clause 4 of this Article, it must be paid before handing over the housing.

9.The management fee and principles for adjusting the management fee for operating residential complexes during the period before the Management Board is established:...

Article 3. Time limit for delivery and transfer of housing and accompanying documents

1. The Seller is responsible for delivering the housing along with the fixtures attached to it and the documents regarding the housing as stipulated in Article 1 of this Contract to the Buyer within...days after completing the acceptance and putting the housing construction project and social infrastructure projects serving living needs (if any) into use in accordance with construction laws and the Buyer has fully paid the purchase price as required by law (except where the parties have other agreements). The delivery of housing must be recorded in a protocol signed by both parties.

2. Other agreements.

Article 4. Warranty for Housing

1. The Seller shall be responsible for warranty on the housing in accordance with the provisions of the Law on Housing.

2. The Buyer must promptly notify the Seller in writing when the housing has defects that are covered under the warranty. Within … days from the date of receipt of the Buyer's notification, the Seller shall be responsible for performing the warranty on such defects in accordance with the regulations. If the Seller fails to perform the warranty in a timely manner causing damage to the Buyer, the Seller shall bear responsibility for compensation.

3. Warranty shall not be performed in cases where the housing is damaged due to natural disasters, enemy actions, or caused by the fault of the user.

4. After the warranty period stipulated by the Law on Housing, the repair of defects shall be the responsibility of the Buyer.

5. Other agreements.

Article 5. Rights and Obligations of the Seller

1. Rights of the Seller:

a) To request the Buyer to pay in full and on time the difference specified in Clause 6, Article 2 (if applicable);

b) To request the Buyer to accept delivery of the housing in accordance with the agreement set forth in Article 3 of this Contract;

c) To request the Buyer to fulfill all financial obligations related to the purchase and sale of housing in accordance with the law;

d) Other rights (but not contrary to the provisions of the law).

2. Obligations of the Seller:

a) To deliver the housing along with the relevant documents to the Buyer in accordance with the agreement set forth in Article 3 of this Contract;

b) To perform warranty on the housing for the Buyer in accordance with the provisions of Article 4 of this Contract;

c) To preserve the housing and fixtures attached to the housing until it is delivered to the Buyer;

d) To be responsible for processing the application for issuance of the Certificate of Ownership for the Buyer (except in cases where the parties have agreed that the Buyer will be responsible for processing the application for issuance of the Certificate of Ownership);

đ) To compensate for damages caused by its own fault;

e) Other obligations (but not contrary to the provisions of the law).

Article 6. Rights and Obligations of the Buyer

1. Rights of the Buyer:

a) To request the Seller to deliver the housing along with the relevant documents in accordance with the agreement set forth in Articles 1 and 3 of this Contract;

b) To request the Seller to process the procedures for the competent authority to issue the Certificate of Land Use Right, House Ownership Right, and Other Property Rights Attached to the Land, or to cooperate and provide relevant documents to process the application for issuance of the Certificate of Ownership (if the Buyer undertakes to process this procedure);

c) To request the Seller to perform warranty on the housing in accordance with the provisions of Article 4 of this Contract; to compensate for damages caused by late delivery, quality issues, and other commitments in the Contract;

d) Other rights (but not contrary to the provisions of the law).

2. Obligations of the Buyer:

a) To pay in full the difference specified in Clause 6, Article 2 (if applicable), maintenance costs specified in Clause 4, Article 2, and to fulfill financial obligations regarding the purchase and sale of resettlement housing in accordance with the regulations;

b) To accept delivery of the housing along with the relevant documents in accordance with the agreement set forth in Article 3 of this Contract;

c) To pay management and operation fees and other costs associated with the use of the housing to the service provider after accepting delivery of the housing (if applicable);

d) Other obligations (but not contrary to the provisions of the law).

Article 7. Liability of the Parties for Breach of Contract

Both parties shall specifically agree on the liabilities (such as penalties; interest calculation, interest rate levels; methods of fulfilling liability...) arising from breach of contract in cases where the Buyer delays payment of the house price difference or the Seller delays delivery of the housing.

Article 8. Transfer of Rights and Obligations

1. The buyer has the right to carry out transactions such as sale, transfer, mortgage, lease for residence, gift, and other transactions as prescribed by laws on housing.

2. Other agreements regarding the transfer of rights and obligations that do not contravene the provisions of the law.

Article 9. Circumstances for Termination of the Contract

This Contract shall terminate in the following circumstances:

1. Both parties agree to terminate the Contract in writing. In this case, both parties will negotiate the conditions and termination date.

2. The buyer delays payment of the price difference for purchasing the house beyond … days (or months) as agreed upon in Article 2 of this Contract.

3. The seller delays delivery of the housing beyond … days (or months) as agreed upon in Article 3 of this Contract.

4. Other agreements.

Article 10. Commitments of the Parties and Dispute Resolution

1. Both parties commit to fulfill all contents of the signed Contract. In case of disputes over the contents of this Contract, both parties will negotiate to resolve them through mutual agreement. If the parties cannot reach an agreement, either party may request the People's Court to resolve the dispute according to the law.

2. Other commitments.

Article 11. Other Agreements

(Agreements in this Contract must comply with the provisions of the law and not violate social morals).

1. ...............................................................................................................................

2. ...............................................................................................................................

Article 12. Effectiveness of the Contract

1. This Contract becomes effective from the date…

2. This Contract is established in … copies and each copy has equal legal validity, each party retains … copies … for implementation.

ANNEX III

MODEL CONTRACT FOR RENT-TO-OWN HOUSING RELOCATION
(Attached to Decree No. 69/2021/NĐ-CP dated July 15, 2021 of the Government) RENT-TO-OWN HOUSING RELOCATION CONTRACT

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
^{__________________________}

Pursuant to Decree No. … dated … month … year 2021 of the Government on renovation and reconstruction of apartment buildings;
(Implementing the Project for the Renovation and Reconstruction of Apartment Buildings in...)
No. .../HĐ

Based on the Civil Code dated December 9, 2015;

Based on the Law on Housing dated November 25, 2014;

Pursuant to the compensation, support, and relocation plan approved by the People's Committee of the province/city … at Decision No. … dated … month … year …;

THE PROJECT INVESTOR OR UNIT RESPONSIBLE FOR HOUSING RELOCATION (hereinafter referred to as the Lessor):

Based on ...

The two parties involved include:

- Phone: … Fax (if any): …

- Name of Unit:...

- Legal representative:...

- Contact address:...

- Permanent residence registration:...

THE PARTY RECEIVING HOUSING RELOCATION (hereinafter referred to as the Lessee):

- Account number:...at Bank:...

- Tax code:...

Is the owner of apartment unit number … in Apartment Building … Residential Area … located at address …

- ID Card Number (passport or military identity card or citizen identification card) number … issued on …/…/…. at …

- Represented by Mr./Mrs.:...

- And spouse (if any) is: …

- ID Card Number (passport or military identity card or citizen identification card) number … issued on …/…/…. at …

- Phone: … Fax (if any): …

- Permanent or temporary residence registration:...

- Contact address:...

We hereby agree to enter into the Rent-to-Own Housing Relocation Contract after the renovation and reconstruction of Apartment Building number … with the following contents:

- Account number:...at Bank:...

- Tax code:...

(apartment unit or standalone house)…

Article 1. Information about resettlement housing

1. Type of housing2. Address of the housing: …

3. Usable area: …m²

4. Information about private ownership, common ownership, private use, and common use (if it is an apartment unit): …²

Article 2. Rent-to-Own Price and Payment Method

5. Main fixtures attached to the housing:...

6. Other information:...

(Attached to this contract is a schematic diagram of the housing location and floor plan)

1. Rent-to-own price of relocation housing: …VND/m²

(In words: …).².

2. The usable area of the rent-to-own housing for relocation according to the compensation, support, and relocation plan approved by the People's Committee of the province/city: …m²

3. Total value of the rent-to-own contract: …VND.².

 Maintenance fund 2% of the total value of the rent-to-own housing contract: …VND.

(In words:...This amount includes land use value and VAT)

4. The old housing area that the Lessee receives from the Lessor for relocation without having to pay: …m²

2. The usable area of the rent-to-own housing for relocation according to the compensation, support, and relocation plan approved by the People's Committee of the province/city: …m²

5. Equivalent to the amount of money: …VND.² The differential rent-to-own payment that the Lessee must settle: …VND.

(In words:…)

6.(Difference between the total value of the rent-to-own contract (excluding maintenance costs) compared to the equivalent amount of money for the old housing area that the Lessee receives from the Lessor for relocation without having to pay: 6 = 3-5)

- The differential rent-to-own payment specified in Clause 6 of this Article (if any) is paid by …

7. Payment method:

(specify whether it is paid in cash or transferred via bank): …- Maintenance fund specified in Clause 4 of this Article is transferred via bank: …

a) For the differential rent-to-own payment specified in Clause 6 of this Article (the parties agree on the payment method):

8. Time limit for payment:

- The first installment amounting to 20% of the value of the differential rent-to-own payment is paid on … day … month … year … (or within … days from the signing of this Contract).

- Monthly rent-to-own payment

b) For the maintenance fund specified in Clause 4 of this Article, it must be settled before the handover of the housing.- Maintenance fund specified in Clause 4 of this Article is transferred via bank: …

9. Management and operation costs of the housing, electricity, water, telephone, and other service fees are paid by the Lessee to the service provider according to the agreement. These costs are not included in the rent-to-own price specified in Clause 1 of this Article.

1. The Lessor is responsible for delivering the housing along with the attached fixtures and housing documents specified in Article 1 of this Contract to the Lessee within … days from the date the Lessee pays the first installment as stipulated in Clause 8 of Article 2 of this Contract (unless otherwise agreed by the parties). The handover of the housing must be documented in a record signed by both parties.

Article 3. Time limit for delivery and transfer of housing and accompanying documents

2. The rent-to-own period is … years (… months), from … day … month … year … to … day … month … year …

3. Other agreements.

 The Lessor is responsible for warranty of the housing in accordance with the Law on Housing.

Article 4. Warranty for Housing

1.2. The Lessee must promptly notify the Lessor in writing when the housing has defects covered under the warranty. Within … days from receiving the notification from the Lessee, the Lessor is responsible for performing the warranty work in accordance with the regulations. If the Lessor fails to perform the warranty in time and causes damage to the Lessee, the Lessor must bear responsibility for compensation.

4. After the warranty period as prescribed by the Law on Housing, the repair of defects falls under the responsibility of the Lessee.

3. Warranty shall not be performed in cases where the housing is damaged due to natural disasters, enemy actions, or caused by the fault of the user.

4. After the warranty period as prescribed by the Law on Housing, the lessee-purchaser shall be responsible for repairing any damages within their responsibility.

5. Other agreements.

Article 5. Rights and Obligations of the Seller-Leasing Party

1. Rights of the Seller-Leasing Party:

a) Require the Buyer-Leasing Party to use the leased housing for its intended purpose and comply with all regulations governing the management and use of leased housing;

b) Require the Buyer-Leasing Party to pay the full amount of the price difference according to the agreed schedule;

c) Require the Buyer-Leasing Party to accept delivery of the leased housing in accordance with the agreement set forth in Article 3 of this Contract;

d) Require the Buyer-Leasing Party to be responsible for repairing damages and compensating losses caused by their fault during the leasing period; in đ) Terminate the leasing contract and recover the leased housing in cases of termination of the leasing contract as stipulated in Article 7 of this Contract or when the leased housing falls under the category of being reclaimed according to the Housing Law;

e) Other rights (but not contrary to the provisions of the law).

2. Obligations of the Seller-Leasing Party:

a) Deliver the housing along with relevant documents to the Buyer-Leasing Party in accordance with the agreement set forth in Article 3 of this Contract;

b) Fulfill the warranty obligations for the housing for the Buyer-Leasing Party as provided in Article 4 of this Contract;

c) Inform and guide the Buyer-Leasing Party on regulations concerning the management and use of leased housing;

d) Maintain and manage the operation of the leased housing in compliance with laws governing the management and use of housing;

đ) Notify the Buyer-Leasing Party in writing of changes to the monthly leasing price and service fees at least one month before implementation;

 Guide and urge the Buyer-Leasing Party to comply with regulations regarding household registration, population management, security, public order, and environmental sanitation;

e)g) Be responsible for processing the application for issuance of the Certificate of Ownership for the Buyer-Leasing Party upon expiration of the leasing period and when the Buyer-Leasing Party has fully paid the leasing price as agreed in this Contract (except where the parties have agreed that the Buyer-Leasing Party will be responsible for processing the Certificate of Ownership);

h) Comply with decisions of competent authorities in managing, handling leased housing, and resolving disputes related to this Contract;

i) Other obligations (but not contrary to the provisions of the law).

Article 6. Rights and Obligations of the Buyer-Leasing Party

1. Rights of the Buyer-Leasing Party:

a) Require the Seller-Leasing Party to deliver the housing along with relevant documents in accordance with the agreements set forth in Articles 1 and 3 of this Contract;

b) Request the Seller-Leasing Party to process the application for issuance of the Certificate of Land Use Right, House Ownership, and other attached assets from the competent authority or request cooperation and provision of relevant documents to process the application for issuance of the Certificate (if the Buyer-Leasing Party undertakes this procedure) after the expiration of the leasing period and when the Buyer-Leasing Party has fully paid the leasing price as agreed in this Contract;

c) Require the Seller-Leasing Party to provide warranty for the housing as stipulated in Article 4 of this Contract and compensate for damages caused by delivering the house late, below quality standards, or failing to meet other commitments in the Contract;

d) Require the Seller-Leasing Party to promptly repair damages not caused by themselves;

đ) Have the right to conduct transactions involving the housing after fully paying the leasing price and obtaining the Certificate of Ownership;

e) Other rights (but not contrary to the provisions of the law).

2. Obligations of the Buyer-Leasing Party:

a) Fully and timely pay the initial price difference and monthly rent as agreed in Article 2 of this Contract; pay maintenance fees, management and operation costs, and other expenses related to the use of housing to the service provider;

c) Use the housing for its intended purpose; maintain the housing and be responsible for repairing damages caused by themselves;

b) To accept delivery of the housing along with the relevant documents in accordance with the agreement set forth in Article 3 of this Contract;

d) Fully comply with regulations governing the management and use of leased housing and decisions of competent authorities in resolving disputes related to this Contract;

đ) Not transfer the leased housing in any form during the leasing period;

e) Comply with regulations concerning environmental sanitation and security in the residential area;

g) Compensate for losses caused by their own fault;

h) Other obligations (but not contrary to the provisions of the law).

Both parties specifically agree on responsibilities (such as penalties, interest calculation, interest rates, methods of fulfilling responsibilities, etc.) due to breaches of the Contract in cases where the Buyer-Leasing Party delays payment of the leasing price difference or the Seller-Leasing Party delays delivery of the housing.

Article 7. Liability of the Parties for Breach of Contract

The parties shall specifically agree on the liabilities (such as penalties; interest calculation, interest rate levels; methods of fulfilling liabilities...) arising from the breach of the Contract in cases where the lessee-purchaser delays payment of the differential rent or the lessor-purchaser delays delivery of the housing.

Article 8. Cases for Termination of the Contract

This Contract shall terminate in the following circumstances:

1. Both parties agree to terminate the contract in writing. In this case, both parties will negotiate the conditions and termination date.

2. The lessee fails to pay rent continuously for three consecutive months without a valid reason.

3. The lessee transfers the lease rights to another person during the lease period without authorization.

4. The lessee makes unauthorized repairs, alterations, renovations, or extensions to the leased property during the lease period.

5. Other agreements.

Article 9. Commitments of the Parties and Dispute Resolution

1. Both parties commit to fulfill all contents of the signed Contract. In case of disputes over the contents of this Contract, both parties will negotiate to resolve them through mutual agreement. If the parties cannot reach an agreement, either party may request the People's Court to resolve the dispute according to the law.

2. Other commitments.

Article 10. Liability of the Parties for Breach of Contract

The parties shall specifically agree on the cases of breach of contract and the responsibilities of each party in the event of a breach.(This agreement must comply with the provisions of the law and not violate social ethics.)

Article 11. Other Agreements

(Agreements in this Contract must comply with the provisions of the law and not violate social morals).

1. ………………….........................................................................................................

2. ………………............................................................................................................

3. ………………............................................................................................................

4. ………………............................................................................................................

Article 12. Effectiveness of the Contract

1. This Contract becomes effective from the date…

2. This contract is established in … copies and has equal legal validity, each party retains … copy for implementation.

¹ Decree No. 35/2023/NĐ-CP dated June 20, 2023 of the Government amending and supplementing certain articles of Decrees under the management of the Ministry of Construction (hereinafter referred to as Decree No. 35/2023/NĐ-CP) is based on the following:

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

Pursuant to the Law on Legislative Regulatory Documents dated June 22, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Legislative Regulatory Documents dated June 18, 2020;

Based on the Urban Planning Law dated June 17, 2009; Based on the Judicial Appraisal Law dated June 20, 2012; Law Amending and Supplementing Certain Articles of the Judicial Appraisal Law dated June 10, 2020;

Based on the Construction Law dated June 18, 2014; Law Amending and Supplementing Certain Articles of the Construction Law dated June 28, 2020;

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

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

Pursuant to the Law on Architecture dated June 13, 2019;

Based on the Standards and Technical Regulations Law dated June 29, 2006;

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to the Investment Law dated June 17, 2020;

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

Based on the Law Amending and Supplementing Certain Articles of 37 Laws related to planning dated November 20, 2018;

Based on the Law Amending and Supplementing Certain Articles of the Public Investment Law, the Public-Private Partnership Investment Law, the Investment Law, the Housing Law, the Bidding Law, the Electricity Law, the Enterprise Law, the Special Consumption Tax Law, and the Civil Enforcement Law dated January 11, 2022;

At the request of the Minister of Construction.

² This clause was amended and supplemented according to the provision at Clause 1, Article 7 of Decree No. 35/2023/NĐ-CP, effective from June 20, 2023.

³ The phrase "not owned by the state" in the title of Article 21 has been abolished according to the provision at Clause 2, Article 7 of Decree No. 35/2023/NĐ-CP, effective from June 20, 2023.

⁴ Decree No. 35/2023/NĐ-CP, effective from June 20, 2023, provides as follows:

Article 17. Implementation Provisions

1. This Decree takes effect from the date of issuance.

2. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees, municipal People's Committees directly under the central government, and relevant organizations and individuals are responsible for implementing this Decree./.