Decree No. 100/2015/NĐ-CP on the development and management of social housing

DECREE

Regarding the development and management of social housingi

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Căn cứ Luật T, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP ficer Ch"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."pursuant to the Government's Resolution dated December 25, 2001;

Based on the Law on Housing dated December 25, 11 year 2014;

Based on the Construction Law dated August 18,June 2024;year 2014;

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

At the proposal of the Minister of Construction,

h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."hovernment issued the Decree on the development and managementorganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular. tripment and managementintention of social housing.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree specifies and guides the implementation of certain Articles and Clauses regarding the development and management of social housing as stipulated in the Housing Law number 65/2014/QH13 (hereinafter referred to as the Housing Law).

2. The management and use of social housing constructed under the form prescribed in Clause 1, Article 53 of the Housing Law shall be carried out in accordance with the Decree specifying and guiding the implementation of certain provisions of the Housing Law.

3. Subjects who have signed commitment contracts or received disbursements according to the Government's measures to address difficulties in production and business, support the market, and resolve bad debts, and other implementing documents issued by competent authorities are not within the scope of regulation of this Decree.

Article 2. Applicability

This Decree applies to the following subjects:

1. Organizations and individuals from various economic sectors both domestically and internationally, and overseas Vietnamese participating in investment in commercial housing development; investment in social housing projects for lease, lease-purchase, and sale to eligible subjects as provided for in the Housing Law.

2. Households and individuals investing in the construction of social housing for lease, lease-purchase, and sale to eligible subjects as provided for in the Housing Law.

3. Subjects receiving housing support to rent, lease-purchase, and purchase social housing as provided for in the Housing Law.

4. State management agencies and other organizations related to the field of social housing development and management.

Article 3. Explanation of Terms

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

1. Household, individual refers to persons whose names are listed in the household registration book or temporary residence book issued in accordance with the Law on Residence.

2. Social housing developed to meet the needs of households and individuals working in industrial zones includes: industrial parks, economic zones, export processing zones, high-tech parks, small and medium-sized industrial clusters, industrial and handicraft production facilities (including mining and processing facilities) of all industries and trades belonging to various economic sectors.

3. Social housing solely for lease refers to social housing developed for lease purposes.

Chapter II

DEVELOPMENT OF SOCIAL HOUSING

Article 4. Principles for determining land funds for social housing development

1. In special-class, first-class, second-class, and third-class cities, during the process of drafting, reviewing, and approving urban planning, land use plans, rural residential area construction plans, and industrial park development plans, the People's Committee of the province or centrally governed city (referred to as the provincial People's Committee) shall be responsible for allocating sufficient land funds for social housing development based on the demand for social housing in the locality; directing relevant agencies to specifically determine the location, site, and land area scale of each social housing construction project to ensure a synchronized infrastructure system for social housing development.

2. The land area and information about the region and site designated for social housing development must be publicly announced on the provincial People's Committee's website and the provincial housing management agency's website in accordance with laws on land and housing.

3. The use of land for social housing development must comply with urban planning, land use plans, rural residential area construction plans that have been approved by competent authorities, and follow the Construction Permit issued by the competent state authority in cases where such permits are required under construction laws.

4. The change of land use purpose from adjacent garden land or other agricultural land to social housing development for organizations shall be decided by the provincial People's Committee; for households and individuals, it shall be decided by the district People's Committee.

Article 5. Land fund for developing social housing in commercial housing development projects and urban development investment projects

1. The investor of commercial housing development projects and urban development investment projects, regardless of land area size (including construction-transfer (BT) and build-operate-transfer (BOT) projects in cities classified from type 3 upwards and areas planned to be developed as cities from type 3 upwards), must allocate 20% of the total residential land area in detailed planning schemes or overall layout plans approved by competent authorities, which have been invested in infrastructure systems, for building social housing.

The investor of commercial housing development projects and urban development investment projects shall directly invest in constructing social housing on the 20% land fund (except in cases where the State recovers the 20% land fund to invest in social housing using budget funds, or if the investor does not wish to participate in investing in social housing, then transferring this land fund to the provincial People's Committee where the project is located).

2. In cases where commercial housing development projects and urban development investment projects have a land usage scale under 10 hectares, the project investor may choose either to allocate the 20% land fund for building social housing as stipulated in Clause 1 of this Article, or transfer an equivalent housing fund with the value of the 20% land fund calculated based on the land price at which the investor fulfills its obligations to the State at the time of transfer for use as social housing, or pay an amount equivalent to the value of the 20% land fund according to the land price at which the investor fulfills its obligations to the State to supplement local budgets for building social housing within the project area.

3. In cases where allocating the 20% land fund for building social housing is inconsistent with local planning or has been allocated but is insufficient to meet the 20% land fund requirement for building social housing as stipulated in Clause 1 of this Article, the provincial People's Committee must report to the Prime Minister for consideration and approval.

4. For commercial housing development projects and urban development investment projects that selected investors prior to the effective date of this Decree, but had not yet allocated the 20% land fund for building social housing, and after the effective date of this Decree, such projects are revoked according to the law and transferred to other investors, the original project investor shall be responsible for organizing and adjusting the planning to allocate the additional 20% land fund for building social housing as stipulated in Clauses 1 and 2 of this Article.

5. If the State uses the 20% land fund to build social housing with state budget funds, the investor of commercial housing development projects and urban development investment projects shall be responsible for synchronously building the infrastructure system according to the planning scheme already approved by the competent authority before transferring this land fund to the State.

When transferring the 20% land fund for building social housing to the State, the project investor shall be refunded (or credited against financial obligations that the investor must pay to the state budget) all compensation and land clearance costs, infrastructure construction investment costs, and other lawful costs as stipulated by law that the investor has implemented for the 20% land fund to be transferred. Any remaining amounts not yet refunded or credited (if any) shall be included in the construction investment costs for social housing funded by the State.

6. In cases where the State directly invests in building social housing under the project using central government budget funds, the allocation of land funds shall be carried out as follows:

a) For social housing construction projects allocated central government budget funding of 50% or more of the total project investment, the provincial People's Committee where the project is located shall be responsible for leading and coordinating with the Ministry of Construction to consider and decide on the selection of the land fund for implementing the project;

b) For social housing construction projects allocated central government budget funding less than 50% of the total project investment, the provincial People's Committee where the project is located shall consider and decide on the selection of the land fund for implementing the project.

Article 6. Land Fund for Developing Social Housing in Industrial Zones

1. In cases where industrial zones are currently in the formation stage, the local Industrial Zone Management Board or the business entity operating the industrial zone's infrastructure shall be responsible for organizing land clearance and investing in technical infrastructure construction for social housing areas serving workers and employees working in such industrial zones according to the approved planning by the competent authority, and transferring it to the project investor selected in accordance with Article 8 of this Decree to undertake the implementation of the project. The costs of compensation, land clearance, and investment in technical infrastructure construction for the social housing area may be allocated partially or entirely into the cost of operating the industrial zone's infrastructure.

2. In cases where industrial zones have been established but do not yet have sufficient housing for workers and employees, the People's Committee of the province shall be responsible for organizing the establishment, examination, approval (or adjustment of planning) to supplement suitable land funds for developing social housing; implementing compensation, land clearance, and land recovery to transfer to the project investor selected in accordance with Article 8 of this Decree to undertake the implementation of the project. The costs of compensation and land clearance shall be deducted from the revenue from land use fees and land lease fees retained by the locality.

For industrial zones that have not fully utilized their industrial land area, the People's Committee of the province shall be responsible for organizing the adjustment of construction planning; land planning and usage plans to change the purpose of land use within its jurisdiction or submit to the Prime Minister for consideration and decision on adjusting part of the land area of the industrial zone for building social housing to serve workers and employees in the industrial zone.

3. Compensation and land clearance to create land funds for constructing social housing to serve workers and employees in industrial zones shall be carried out in accordance with the provisions of the Law on Land.

Article 7. Types of Houses and Standards for Social Housing Area

1. Types of houses and standards for social housing area shall be implemented as follows:

a) In cases where social housing is apartment buildings, apartments must be designed and constructed in a closed style, ensuring construction standards and norms, with a minimum floor area of each apartment being 25 m² and a maximum of 70 m², ensuring compliance with the construction planning approved by the competent state agency. The project investor is allowed to adjust the construction density or land use coefficient up to a maximum of 1.5 times higher than the current construction standards and norms issued by the competent authority;² Based on specific conditions at the locality, the People's Committee of the province may adjust the maximum standard apartment area, but the increase shall not exceed 10% of the maximum apartment area of 70 m² and must ensure the ratio of apartments in the social housing construction project with a floor area exceeding 70 m², the land use coefficient does not exceed 2.0 times, and must comply with the construction planning approved by the competent state agency;² In cases where the social housing construction project is a low-rise adjacent project, it must be approved by the Chairman of the People's Committee of the province. For social housing construction projects in special-class cities, class 1, and class 2 cities, the People's Committee of the province must report and seek opinions from the Provincial People's Council before deciding on the investment policy.

c) The design of individual social housing units invested in and built by households or individuals must ensure construction quality, comply with planning, and meet the minimum conditions stipulated by the competent state agency. The Ministry of Construction will provide detailed guidance on design standards and issue regulations on the minimum conditions for building individual social housing units.² 2. Projects for constructing social housing funded by state budget capital must apply model designs or typical designs issued by the competent authority. If the project investor proposes applying a different model design, it must be approved by the agency deciding on the investment policy.² does not exceed 10% of the total number of social housing apartments in the project.

b) In cases where social housing is low-rise attached houses, the construction land standard for each house shall not exceed 70 m²The land usage coefficient shall not exceed two times and must ensure compliance with the construction planning approved by the competent state authority;

In the case of social housing projects for low-rise adjacent houses, approval from the Chairman of the Provincial People's Committee is required. For social housing projects in special-class cities, class 1 cities, and class 2 cities, the Provincial People's Committee must report and seek opinions from the Provincial People's Council before deciding on the investment orientation.

c) The design of individual social housing units invested in and constructed by households or individuals must ensure construction quality, comply with planning requirements, and meet the minimum conditions issued by the competent state authority. The Ministry of Construction will provide specific guidelines on design standards and issue regulations on the minimum construction conditions for individual social housing units.

2. Social housing projects funded by state budget capital must apply standard designs or typical designs issued by the competent authority. If the project investor proposes to use a different design model, it must be approved by the investment orientation decision-making body.

Article 8. Procedures for selecting the project investor for social housing construction projects

1. For social housing construction investment projects funded by sources or forms prescribed in Clause 1, Article 53 of the Law on Housing, which are central government funds, the Ministry of Construction shall report to the Prime Minister to decide on the selection of the project investor.

Within a maximum period of 30 days from the date of receipt of the Memorandum from the Ministry of Construction, the Prime Minister shall issue a document to select the project investor or authorize the Ministry of Construction to select the project investor.

2. For social housing construction investment projects funded by sources or forms prescribed in Clause 1, Article 53 of the Law on Housing, which are local government funds, the Department of Construction shall report to the People's Committee of the province to select the project investor or authorize the People's Committee of the district, town, or city (hereinafter referred to collectively as the People's Committee of the district-level) to select the project investor.

Within a maximum period of 30 days from the date of receipt of the Memorandum from the Department of Construction, the People's Committee of the province must issue a document to select the project investor or authorize the People's Committee of the district-level to select the project investor. In case of authorization, within a maximum period of 30 days from the date of receipt of the authorization document from the People's Committee of the province, the People's Committee of the district-level must issue a document to select the project investor for the social housing construction project.

3. For social housing that is not invested with sources or forms prescribed in Clause 1, Article 53 of the Law on Housing, the Department of Construction shall report to the People's Committee of the province to select the project investor according to the provisions of Clause 2, Article 57 of the Law on Housing and guiding documents issued by competent authorities.

Within a maximum period of 30 days from the date of receipt of the Memorandum from the Department of Construction, the People's Committee of the province must issue a document to select the project investor or authorize the People's Committee of the district-level to select the project investor. In case of authorization, within a maximum period of 30 days from the date of receipt of the authorization document from the People's Committee of the province, the People's Committee of the district-level must issue a document to select the project investor for the social housing construction project.

4. The project investor shall implement procedures to request approval and decision on investment orientation; organize the establishment, review, approval, and implementation of the social housing construction project in accordance with laws on housing and related laws.

5. The Ministry of National Defense and the Ministry of Public Security are permitted to implement social housing projects according to this Decree to resolve housing for the subjects prescribed in Clause 6, Article 49 of the Law on Housing, in accordance with specific circumstances and conditions, but must ensure the principle that each subject is only supported once.

Article 9. Mechanism for Supporting and Preferential Treatment for Project Investors Building Social Housing

1. Project investors for social housing construction projects that do not use state budget funds are exempted from land use fees and land lease fees according to Point a, Clause 1, Article 58 of the Law on Housing, specifically as follows:

a) Exempted from land use fees and land lease fees for the area of land already allocated or leased by the State, including commercial trade land funds approved by competent authorities within the scope of the social housing construction project;

The People's Committee of the province shall consider and decide on the refund or offset against the financial obligations of the project investor to the State for cases where the project investor has paid land use fees when being allocated land by the State or received the transfer of land use rights from organizations, households, or individuals, and such land is used for social housing construction or the project investor has paid land use fees for the 20% land fund;

b) Allowed to allocate 20% of the total land area for building houses within the scope of the social housing construction project (including projects using the 20% land fund) to invest in constructing commercial trade works (including high-rise or low-rise commercial housing) to compensate for investment costs, contribute to reducing the sale price, rental price, and purchase price of social housing, and reduce management and operation costs of social housing after investment;

c) In cases where the detailed planning scheme of the project approved by competent state authorities does not allocate separate land for constructing commercial trade works within the scope of the project, the project investor is allowed to allocate 20% of the total floor area of residential buildings in that project to sell, lease, or lease-purchase at commercial prices.

The commercial business portion specified in this Clause must be consolidated into the entire project's accounting records and ensure compliance with the maximum profit standard as stipulated in Article 21 of this Decree. In addition to the commercial business area mentioned in Point c of this Clause, the project investor is responsible for allocating an area to serve the common living needs of residents within the project scope (community living areas, parking lots, and other essential infrastructure works). This area shall be determined based on current standards and planning-design schemes approved by competent authorities.

2. The project investor is exempted from or granted reductions in value-added tax and corporate income tax according to Point b, Clause 1, Article 58 of the Housing Law and relevant tax laws.

In cases where social housing is constructed solely for rental purposes, a reduction of 70% in the tax rate for value-added tax and corporate income tax shall apply, in accordance with the current laws governing social housing.

3. The project investor is eligible to borrow preferential loans from the Social Policy Bank or credit institutions as stipulated in Point c, Clause 1, Article 58 of the Housing Law.

In cases where social housing is constructed solely for rental purposes, the investor may obtain preferential investment loans with a minimum term of 15 years and a maximum term not exceeding 20 years. If the project investor requests a loan term shorter than 15 years, the investor may negotiate with the bank for a shorter loan term than the minimum.

4. The project investor is supported by the provincial People's Committee with either full or partial funding for the construction of technical infrastructure within the social housing development project as stipulated in Point d, Clause 1, Article 58 of the Housing Law.

If the project is solely for renting social housing, the full cost of building infrastructure will be covered;

Article 10. Mobilizing Capital for Social Housing Development

1. State-invested capital for social housing development is sourced from the following:

a) Direct investment from the central government budget; government bonds (if applicable); local housing development funds (if applicable); defense ministry funds established and operating under legal provisions (if applicable); annual support from the provincial People's Council budget; issuance of local government bonds and housing bonds; mobilization from other lawful sources as prescribed by law;

b) Official Development Assistance (ODA) and other foreign loans (if applicable).

2. Non-budgetary capital contributed by economic sectors (including households and individuals) participating in social housing construction includes:

a) Own capital of the project investor or households and individuals;

b) Preferential loans from the Social Policy Bank or credit institutions designated by the state according to Chapter III of this Decree;

c) Issuance of government-guaranteed bonds in accordance with laws governing the issuance of government bonds, local government bonds, and corporate bonds;

d) Commercial loans from credit institutions established and operating under legal provisions;

đ) Loans from local housing development funds (if applicable) and defense ministry funds established and operating under legal provisions (if applicable);

e) Other lawful sources of capital as prescribed by law.

d) Borrowing from the local housing development fund (if available) and the fund established and operated by the Ministry of National Defense in accordance with the provisions of the law (if available);

e) Other lawful sources of funding as prescribed by law.

Article 11. Social Housing Development through Build-Transfer (BT) Form

1. Based on the approved planning and social housing development plan within the jurisdiction, the Construction Department shall be responsible for organizing the preparation of a list of social housing construction projects under the BT form and determining the conditions for selecting BT investors to report to the provincial People's Committee for approval and public announcement on the provincial People's Committee's and the Construction Department's electronic portals regarding the project list and related information about social housing construction projects under the BT form and the conditions for selecting BT investors, at least 30 working days in advance, so that investors have a basis to register their participation.

2. The selection of the main investor for social housing construction projects shall be carried out in accordance with the laws on housing and relevant laws.

3. The Construction Department shall be responsible for reporting to the provincial People's Committee for consideration and signing the BT contract or authorizing the Construction Department to sign the BT contract. The BT investor shall be responsible for organizing the preparation and submitting to the competent authority for detailed planning review and approval at a scale of 1/500 (in cases where there is no detailed planning at a scale of 1/500 for the project area) and organizing the preparation of the social housing construction project for review and approval in accordance with the laws on housing and relevant laws.

4. The implementation of social housing construction activities for BT-form social housing construction projects shall be carried out in accordance with the laws on construction.

5. After completing the investment and construction of social housing projects under the BT contract and passing the acceptance inspection, the BT investor shall be responsible for transferring this housing fund to the Construction Department for management and exploitation in accordance with the regulations.

6. Payment to the BT investor shall be carried out in accordance with current laws.

Article 12. Purchase of Commercial Housing for Social Housing

1. In cases where there is insufficient social housing fund on the territory but there is commercial housing built according to the project, ensuring quality in accordance with the construction laws, suitable for the type and standard of social housing area, the competent authority may purchase such housing based on the provisions of Clause 2 of this Article to serve as social housing.

2. The purchase of commercial housing for social housing shall be regulated as follows:

a) In cases where central government budget funds are used, the Ministry of Construction shall take the lead and coordinate with the Ministry of Finance to prepare the project and report to the Prime Minister for approval or implement approval if authorized by the Prime Minister;

b) In cases where funds from the Ministry of National Defense and the Ministry of Public Security are used, the Ministry of National Defense and the Ministry of Public Security shall stipulate subordinate agencies to prepare the project and report to the Ministry of National Defense and the Ministry of Public Security for approval or implement approval if authorized;

c) In cases where local government budget funds are used, the Construction Department shall take the lead and coordinate with the Finance Department to prepare the project and report to the provincial People's Committee for decision and approval;

d) The content of the project for purchasing commercial housing for social housing includes location, site, type of house, number of houses, usable area of each type of house, price of housing purchase, related costs, funding source for purchasing housing, payment method for housing purchase, agency signing the purchase and sale contract, agency responsible for managing housing after purchase, responsibilities of relevant agencies in implementing the project.

3. The procedures for purchasing commercial housing for social housing shall be implemented as follows:

a) Based on the content of the approved project, the agency entrusted as the main investor of the project shall sign a purchase and sale contract for housing with the main investor of the commercial housing construction project; the signing of the purchase and sale contract for housing shall be carried out in accordance with the regulations on the purchase and sale of commercial housing;

b) Based on the signed purchase and sale contract for housing, the main investor of the commercial housing construction project shall be responsible for delivering the housing and providing legal documents related to the purchased housing to the buyer;

c) After receiving the delivered housing, the main investor of the social housing project shall manage it in accordance with the Law on Housing and the Decree detailing and guiding the implementation of certain provisions of the Law on Housing;

d) The main investor of the commercial housing construction project shall be responsible for handling the procedures to request the competent authority to issue the Certificate of Land Use Right, House Ownership and Other Assets Attached to the Land (hereinafter referred to as the Certificate); in the case provided for in Point a Clause 2 of this Article, the Ministry of Construction shall represent the name in the Certificate; in the case provided for in Point b Clause 2 of this Article, the representative name in the Certificate is the Ministry of National Defense, the Ministry of Public Security; in the case provided for in Point c Clause 2 of this Article, the representative name in the Certificate is the provincial People's Committee or the Construction Department.

The procedures for issuing the Certificate to the agencies specified in this point shall be carried out in accordance with the land laws.

Chapter III

SUBSIDIZED LOANS TO IMPLEMENT SOCIAL HOUSING POLICIES

Article 13. Principles for Implementing Preferential Loan Policies

1. Preferential loans must be granted to the correct recipients and meet all conditions as prescribed.

3. In cases where a household has multiple subjects benefiting from multiple preferential lending policies, only one lending policy will be applied for the entire household.

3. In cases where a household has multiple members eligible for multiple preferential loan policies, only one preferential loan policy shall apply to the entire household.

4. The Social Policy Bank or credit organizations designated by the State shall implement preferential loans to support social housing, ensuring compliance with laws on housing, credit laws, and related laws.

5. Households and individuals borrowing preferential loans from the Social Policy Bank must deposit savings at the Social Policy Bank monthly for a minimum period of twelve months, with the amount deposited in accordance with the lender's regulations.

Article 14. Preferential Loans under Programs Targeting Housing

1. Recipients specified in Clauses 1, 2, and 3 of Article 49 of the Law on Housing may borrow preferential loans to build new or renovate and repair houses for residence according to specific provisions of each program decided by the Government or the Prime Minister.

2. Borrowing conditions, loan amounts, terms, interest rates, debt management policies, collateral requirements, and extensions shall be implemented in accordance with specific provisions set forth in the Decision approving the housing target program issued by the competent state agency.

Article 15. Preferential Loans for Investment in Social Housing

1. Eligible borrowers:

a) Enterprises and cooperatives that are developers of social housing projects not funded or structured as stipulated in Clause 1 of Article 53 of the Law on Housing for leasing, lease-purchase, or sale;

b) Enterprises and cooperatives engaged in industrial and service production that self-fund construction of housing for their employees without charging rent or with rent not exceeding the maximum rental rate for social housing established by the provincial People's Committee;

c) Households and individuals who invest in building social housing for leasing, lease-purchase, or sale.

2. Conditions for obtaining loans for the entities specified in Points a and b of Clause 1 of this Article:

a) Legally established and operating; having a list of social housing construction projects included in the investment plan approved by the competent authority;

b) Having an investment project approved by the competent authority in accordance with laws on investment and housing;

c) Having a land allocation decision or land use rights in accordance with laws on land and completing compensation and site clearance;

d) Having a Construction Permit in accordance with laws on construction;

đ) Meeting the minimum capital contribution requirement for the project and the loan scheme as prescribed by the lending financial institution;

e) Implementing loan guarantees and collateral in accordance with the law.

3. Conditions for obtaining loans for the entity specified in Point c of Clause 1 of this Article must have an investment plan approved by the competent authority and comply with the provisions of Points c, d, đ, and e of Clause 2 of this Article.

4. Loan Amounts:

a) For constructing social housing solely for leasing: The maximum loan amount is 80% of the total project investment or loan scheme and does not exceed 80% of the value of the collateral;

b) For constructing social housing for lease-purchase or sale: The maximum loan amount is 70% of the total project investment or loan scheme and does not exceed 70% of the value of the collateral.

5. Loan Terms:

a) For investment in social housing solely for leasing, the minimum loan term is fifteen years and the maximum is twenty years from the date of the first loan disbursement;

b) For investment in social housing for lease-purchase, the minimum loan term is ten years and the maximum is fifteen years from the date of the first loan disbursement;

c) For investment in social housing for sale, the minimum loan term is five years and the maximum is ten years from the date of the first loan disbursement;

d) If the borrower requests a loan term shorter than the minimum loan term specified in Points a, b, and c of this Clause, they may negotiate a shorter loan term with the bank.

6. Repayment of principal and interest on the loan shall be carried out in accordance with the regulations of the lending financial institution.

7. Interest Rates on Loans:

a) The preferential loan interest rate of the Social Policy Bank is determined by the Prime Minister based on the proposal of the Board of Directors for each period;

b) The preferential loan interest rate of credit organizations is determined and announced by the State Bank of Vietnam based on the principle of not exceeding 50% of the average loan interest rate of banks in the market during the same period.

8. Disbursement of Loan Funds: Loan funds shall be disbursed according to the progress of implementation and the request of the developer. The amount of each disbursement is based on the completed work volume according to the technical stop point.

Article 16. Borrowing preferential capital to purchase, lease, or lease-purchase social housing; constructing new or renovating, repairing houses for residence

1. The borrowing subjects are those specified in Clauses 1, 4, 5, 6, and 7 of Article 49 of the Law on Housing.

2. Conditions for borrowing capital for households and individuals to purchase, lease, or lease-purchase social housing:

a) Having sufficient minimum capital to participate in the borrowing method as prescribed by the Social Policy Bank or credit organizations designated by the State.

b) Having complete documentation proving eligibility as stipulated in Article 22 of this Decree.

c) Having income sources and the ability to repay debts as committed to the Social Policy Bank or credit organizations designated by the State.

d) Submitting an application for borrowing capital to purchase, lease, or lease-purchase social housing, which includes commitments from individuals and household members not having received preferential support loans from other banks for such purposes.

đ) Having a contract to purchase, lease, or lease-purchase social housing with the developer as prescribed by this Decree and laws on housing.

e) Implementing collateral for borrowed funds using assets formed from the loan according to the law. The lending bank, developer, and borrower must clearly define the management and disposal methods of the collateral in a tripartite agreement.

3. Conditions for borrowing capital for households and individuals to construct new or renovate, repair their own residences:

a) Having sufficient minimum capital to participate in the borrowing method as prescribed by the Social Policy Bank or credit organizations designated by the State.

b) Having complete documentation proving eligibility as stipulated in Article 22 of this Decree.

c) Having income sources and the ability to repay debts as committed to the lending credit organization.

d) Submitting an application for borrowing capital to construct new or renovate, repair residences, which includes commitments from individuals and household members not having received preferential housing support loans from other credit organizations.

đ) Holding a certificate of land use rights, ownership of houses, and other attached assets issued by competent state agencies according to the law on land.

e) Having a design, budget estimate, or cost calculation plan as prescribed by the law on construction.

g) Implementing collateral for borrowed funds using the value of residential land use rights and attached assets or other assets as prescribed by the law.

4. Loan amount:

a) In cases of purchasing, leasing, or lease-purchasing social housing, the maximum loan amount equals 80% of the contract value for purchasing, leasing, or lease-purchasing housing.

b) In cases of constructing new or renovating, repairing houses, the maximum loan amount equals 70% of the budget estimate or loan plan value and does not exceed 70% of the value of the collateral for the loan.

5. Interest rate on loans:

a) Preferential interest rates at the Social Policy Bank are decided by the Prime Minister based on the proposal of the Board of Directors for each period.

b) Preferential interest rates at credit organizations are decided by the Prime Minister based on the proposal of the State Bank of Vietnam for each period.

6. Loan term: The minimum loan term is 15 years from the date of disbursing the first loan installment. If customers require a shorter loan term than the minimum, they may negotiate with the bank for a shorter term.

7. Repayment of principal and interest on the loan according to the regulations of the lending credit organization.

8. Disbursement of borrowed capital: Borrowed capital is disbursed according to the agreement in the loan contract signed between households, individuals, and lending credit organizations.

Article 17. Sources of preferential loan capital for implementing housing policies:assigned,

1. Sources of preferential loan capital through the Social Policy Bank:

a) Based on the annual plan approved by the competent authority, the state budget provides 100% of the capital for the Social Policy Bank to implement loans to the subjects specified in Clause 1, Article 14 and Clause 1, Article 15 of this Decree;

b) Based on the annual plan approved by the competent authority, the state budget provides 50% of the capital; the Social Policy Bank meets 50% of the capital from savings deposits of borrowers, funds raised; the state budget subsidizes the interest rate difference and management fees for the Social Policy Bank according to regulations to provide preferential loans to the subjects specified in Clause 1, Article 16 of this Decree;

c) Entrusted capital from the local housing development fund (if any), annual support from the local budget, capital from issuing bonds, housing treasury bills, and other lawful sources approved by the provincial People's Committee to implement social housing objectives and plans at the local level according to the decision of the provincial People's Council.

2. Sources of preferential loan capital from credit organizations:

Based on the program and plan for developing social housing in each period approved by the competent authority, the state budget subsidizes the interest rate for designated credit organizations by the State to provide preferential loans to investors participating in building social housing and to beneficiaries of social housing support policies with an interest rate not exceeding 50% of the average lending rate of banks in the market during the same period.

Article 18. Management and use of preferential loan capital

1. The management of capital sources and the management and use of capital for supporting social housing loans shall be carried out by the Social Policy Bank or credit organizations designated by the State.

2. The management of risky debts shall be implemented in accordance with the regulations of the Prime Minister.

3. The Social Policy Bank and credit organizations shall provide specific guidance on savings mobilization mechanisms and related contents concerning preferential loans in accordance with their functions, tasks, and granted authorities.

Chapter IV

MANAGEMENT AND USE OF SOCIAL HOUSING

Article 19. Provisions on the sale, lease, and lease-purchase of social housing

1. Social housing must be sold, leased, or lease-purchased in accordance with the prescribed subjects and conditions set forth in Articles 49 and 51 of the Law on Housing; each household or individual may only receive social housing support once as stipulated in Article 52 of the Law on Housing.

2. The sale, lease, or lease-purchase of social housing funded by the state budget shall be implemented in accordance with the laws on the management and use of state-owned housing.

3. A tenant of social housing may not sublet or transfer the housing in any form during the rental period as stipulated in the lease contract signed with the lessor.

4. A purchaser or lease-purchaser of social housing may not mortgage (except in cases where the mortgage is with a bank to obtain a loan to purchase or lease-purchase the same unit) or transfer the housing in any form within a minimum period of five years from the date of full payment for the purchase or lease-purchase of the housing as stipulated in the contract signed with the seller or lease-purchaser; they may only sell, mortgage, or lease the housing after obtaining the Certificate of Land Use Right, House Ownership, and Other Property Rights Attached to the Land in accordance with the laws on land.

From the date when the purchaser or lease-purchaser of social housing is permitted to sell social housing to those in need, in addition to the amounts payable upon selling the housing in accordance with the law, the seller of the apartment must pay 50% of the land use fee allocated to that apartment to the state; in the case of selling low-rise adjacent social housing, 100% of the land use fee must be paid, calculated based on the land price issued by the provincial People's Committee at the time of sale.

5. Within a period of less than five years from the date of full payment for the purchase or lease-purchase of social housing, if the purchaser or lease-purchaser wishes to resell the social housing, they can only resell it to the state (in the case of lease-purchase of social housing funded by the state) or resell it to the project developer of social housing funded by non-state budget sources (in the case of purchasing or lease-purchasing social housing built with non-state budget funds) or resell it to the subject eligible to purchase or lease-purchase social housing as stipulated in Article 49 of the Law on Housing, with a maximum resale price equal to the price of similar social housing at the same location and time of sale, and without having to pay personal income tax.

6. For social housing projects intended solely for leasing, the developer may only sell after a minimum period of ten years from the completion and handover for leasing, and may only sell to the subjects specified in Article 49 of the Law on Housing, with a maximum resale price equal to the price of similar social housing at the same location.

7. In the case of purchasing or lease-purchasing individual social housing units built by households or individuals, the transfer of land use rights must comply with the provisions of the laws on land.

8. Based on the provisions of this Decree and the guiding documents issued by the competent authorities, the provincial People's Committee shall specify the criteria and priority order for reviewing the eligibility of subjects wishing to purchase, lease, or lease-purchase social housing within its jurisdiction, ensuring compatibility with the economic and social conditions of each locality.

9. The Ministry of National Defense and the Ministry of Public Security shall issue specific regulations on the subjects and conditions for purchasing, leasing, or lease-purchasing social housing for social housing projects implemented by the Ministry of National Defense and the Ministry of Public Security after reaching a consensus with the Ministry of Construction in writing.

Article 20. Procedures and formalities for purchasing, renting, and leasing social housing

1. For social housing projects funded by sources other than the state budget

a) After the commencement of the project, the developer of the social housing construction project shall be responsible for providing information related to the project (project name; project developer; project construction location; contact address, application submission address; project implementation progress; project scale; number of units (including: number of units for sale, number of units for rent, number of units for lease purchase); unit area; selling price, rental price, lease purchase price (estimated) for each type of unit; start and end dates for receiving applications and other relevant contents) to publicly announce on the Construction Department's Electronic Information Portal at the local level where the project is located; publish at least once in a newspaper serving as the official voice of the local government, and publicly announce at the real estate trading floor of the developer (if any) so that citizens can know, register, and monitor;

b) Before implementing sales, rentals, or lease purchases, the developer of the social housing construction project shall be responsible for reporting in writing the total number of units to be sold, rented, or leased purchased and the starting date for sales, rentals, or lease purchases to the Construction Department for their knowledge and inspection. Publicly announce on the Construction Department's Electronic Information Portal at the local level where the project is located for a minimum period of 30 working days from the date of beginning to accept registration application forms for purchasing, renting, or lease purchasing social housing in the project;

c) Based on the information about social housing projects in the locality that have been announced according to the provisions of Point a Clause of this Article; households and individuals with a need to register for purchasing, renting, or lease purchasing social housing submit application forms to the project developer in accordance with Article 22 of this Decree and detailed guidance from the Ministry of Construction;

d) After collecting all registration documents from those who have needs, the developer of the social housing project shall be responsible for reviewing each registration form, comparing it with the regulations regarding the subjects and conditions stipulated in Articles 49 and 51 of the Law on Housing, the provisions of this Decree, and detailed guidance from the Ministry of Construction to establish a list of subjects eligible to purchase, rent, or lease purchase social housing in the project they are developing as the investor;

In cases where individuals with a need to register for purchasing, renting, or lease purchasing social housing have submitted valid application forms in accordance with Article 22 of this Decree to the developer, but there are no remaining units in the project to resolve, the developer of the project shall be responsible for clearly stating the reasons and returning the application forms (including proof documents of the subject and conditions to be eligible for purchasing, renting, or lease purchasing social housing that the applicant has submitted) for the individual to know and submit application forms at another project;

When individuals with a need submit application forms, the person receiving the application forms must issue a receipt. If the application forms are not valid (do not comply with the provisions of Article 22 of this Decree), the person receiving the application forms shall be responsible for clearly stating the reasons for non-resolution and returning them to the applicant to complete and perfect;

đ) The developer of the social housing construction project shall be responsible for sending the List of subjects expected to be resolved for purchasing, renting, or lease purchasing social housing in priority order (based on scoring according to the principle stipulated in Article 23 of this Decree) to the Construction Department at the local level where the project is located for inspection to exclude cases where the purchaser, renter, or lease purchaser of social housing receives multiple supports;

In cases where the subjects expected to purchase, rent, or lease purchase social housing listed by the developer have already received state support for housing or land according to regulations or have already purchased, rented, or lease purchased social housing in another project, the Construction Department shall be responsible for sending a written notice to the developer to remove the name from the list of those eligible to purchase, rent, or lease purchase social housing. Within 15 working days from the date of receiving the list, if the Construction Department does not provide feedback, the developer shall notify the subjects eligible to purchase, rent, or lease purchase social housing in their own project to come for agreement, consensus, and signing of the contract;

In cases where individuals with a need for social housing meet the conditions and have been reviewed and included in the list of purchasers, renters, or lease purchasers of social housing in the project, but the individual no longer has a need to purchase, rent, or lease purchase social housing, the developer of the project shall return the application forms (including proof documents of the subject and conditions to be eligible for purchasing, renting, or lease purchasing social housing) to the applicant;

e) Each household or individual with a need to purchase, rent, or lease purchase social housing may only submit registration documents at one project. In cases where the project no longer has units available for sale, rent, or lease purchase, the developer shall clearly state the reasons and return the application forms for the individual to submit at another project;

The purchaser, renter, or lease purchaser of social housing shall pay directly to the developer or implement through a bank agreed upon by the developer and the purchaser, renter, or lease purchaser according to the agreement;

g) After signing the Purchase and Sale Contract, Rental Contract, or Lease Purchase Contract for social housing, the developer of the project shall be responsible for establishing a complete list of subjects (including members of the household) who have purchased, rented, or lease purchased social housing and submitting it to the Construction Department at the local level where the project is located for public announcement within 30 working days (from the date of receiving the list) and storing it for management and inspection purposes (post-inspection). At the same time, the developer of the project shall be responsible for publicly announcing this list at the developer's office and at the real estate trading floor or the developer's website on social housing (if any);

2. For social housing invested in by households or individuals

a) Households or individuals investing in social housing shall be responsible for reporting in writing the construction location; implementation progress; scale, number of units, including: Number of units for sale, number of units for rent, number of units for lease purchase; selling price, rental price, lease purchase price; starting date for sales, rentals, or lease purchases of housing to the People's Committee of the commune where the housing is being built for public announcement at the commune's office so that local authorities and citizens can know and monitor.

b) Based on the information about social housing in the locality that has been published in accordance with the regulations; individuals who wish to purchase, lease, or lease-purchase social housing shall submit their application to the owner of the social housing construction project in accordance with Article 22 of this Decree.

c) After collecting all registration applications from interested parties, the household or individual investing in the construction of social housing shall be responsible for submitting them to the People's Committee of the commune for review and confirmation of the list of eligible recipients before the owner and the purchaser, lessee, or lease-purchaser sign the Social Housing Purchase, Lease, or Lease-Purchase Contract.

d) The People's Committee of the commune shall be responsible for making copies of the registration applications and the list of eligible recipients for social housing purchase or lease-purchase and sending them to the Department of Construction for verification and exclusion of cases where the recipient has received multiple support benefits.

Article 21. Price of Sale, Rent, and Lease-Purchase of Social Housing

1. The price of selling social housing shall be determined by the project investor based on sufficient costs to recover the investment capital for constructing the housing, interest on loans (if any), and a fixed profit margin not exceeding 10% of the total investment cost; state incentives stipulated in Article 58 of the Law on Housing shall not be included in the sale price of social housing.

2. The price of lease-purchasing social housing shall be determined by the project investor based on sufficient costs to recover the investment capital for constructing the housing, interest on loans (if any), and a fixed profit margin not exceeding 15% of the total investment cost; state incentives stipulated in Article 58 of the Law on Housing shall not be included in the lease-purchase price of social housing.

The lessee must pay 20% of the housing value upfront and the remaining amount periodically as agreed between the lessor and lessee, starting from the date of delivery of the housing; the minimum lease-purchase period for social housing is five years, beginning from the date the lessor delivers the housing to the lessee.

3. The price of renting social housing shall be determined by the project investor based on sufficient maintenance costs, recovery of investment capital for constructing the housing, interest on loans (if any), and a fixed profit margin not exceeding 15% of the total investment cost; state incentives stipulated in Article 58 of the Law on Housing shall not be included in the rental price of social housing; the minimum capital recovery period is fifteen years, starting from the date of signing the contract.

4. The Provincial People's Committee shall assign competent agencies under its jurisdiction to appraise the prices of sales, lease-purchases, and rentals of social housing constructed through projects funded by non-state budget sources within their respective jurisdictions.

5. For social housing constructed by households or individuals for leasing, lease-purchasing, or selling, the price shall be self-determined by the investor but shall not exceed the ceiling price set by the Provincial People's Committee.

6. Individuals renting social housing shall be responsible for depositing a security deposit as agreed upon by both parties, but it shall not exceed twelve months' rent, and shall be at least three months' rent to ensure compliance with the tenant's obligations.

The lessor and lessee of social housing may agree on a higher security deposit than the amount specified in this Clause, but such deposit shall not exceed 50% of the value of the rented housing. If the lessee pays the security deposit as prescribed in this Clause, they may receive a reduction in rent or be exempted from paying rent for a certain period agreed upon by both parties.

In cases where individuals belong to poor households, near-poor households, or those specified in Clauses 1, 3, 9, and 10 of Article 49 of the Law on Housing, they are not required to pay a security deposit when renting social housing.

7. Purchasers, lessees, or lease-purchasers of social housing are entitled to borrow preferential loans from the Vietnam Bank for Social Policies or credit organizations designated by the State to settle the purchase, lease, or lease-purchase payments for social housing in accordance with Chapter III of this Decree.

8. The Ministry of Construction shall provide guidance on methods for determining the prices of sales, rentals, and lease-purchases of social housing.

Article 22. Documents to prove eligibility and conditions for receiving social housing support policies

1. Persons specified in Article 49 of the Law on Housing who have not yet received social housing support policies when applying for social housing support must submit a request for housing support and documents proving their status, specifically as follows:

a) Persons specified in Clause 1 of Article 49 of the Law on Housing must provide documents proving their status according to the laws on persons with meritorious service to the revolution, confirmation of their current housing situation, and that they have not been supported by the State for housing, issued by the People's Committee of the commune where they are registered as permanent residents.

b) Persons specified in Clauses 4, 5, 6, and 7 of Article 49 of the Law on Housing must provide a certificate from their workplace or organization confirming their status and current housing situation.

c) Persons specified in Clause 8 of Article 49 of the Law on Housing must provide a certificate from the housing management agency confirming that they have returned the public service housing.

d) Persons specified in Clause 9 of Article 49 of the Law on Housing must provide a confirmation from the educational institution where they are studying.

đ) Persons specified in Clause 10 of Article 49 of the Law on Housing must provide a certified copy of the list of land, housing, and other assets attached to the land to be recovered by the competent authority, accompanied by a certificate from the People's Committee of the district where the person whose land and house were recovered resides, confirming that they have not been compensated by the State with resettlement housing or land.

2. Documents proving residence conditions as follows:

a) In cases where the applicant registers to purchase, lease, or lease-purchase social housing and has a permanent resident registration at the province or centrally-administered city where the social housing is located, they must provide a certified copy of the permanent resident registration or a collective household registration certificate at that location.

b) In cases where the applicant registers to purchase, lease, or lease-purchase social housing without a permanent resident registration as specified in Point a of this Clause, they must provide a certified copy of the temporary resident registration; a certified copy of a labor contract with a term of one year or more counted from the date of submission of the application or an indefinite-term contract, and a certificate (or proof) of social insurance contributions by the social insurance agency at the province or centrally-administered city where the person registers to purchase, lease, or lease-purchase social housing. In cases where the applicant works for a branch or representative office in the province or city where the social housing is located and the social insurance contributions are made at the main office location, they must provide a certificate from the agency or unit at the main office location confirming the social insurance contributions.

3. Documents proving income conditions as follows:

a) Persons specified in Clauses 5, 6, and 7 of Article 49 of the Law on Housing must provide a confirmation from the agency or unit where they work regarding their income level, which does not require regular personal income tax payments according to the law on personal income tax.

b) Persons specified in Clause 4 of Article 49 of the Law on Housing must declare their own income levels and bear responsibility for the information declared. The Department of Construction will contact the local Tax Bureau to verify the personal income tax of these individuals if necessary.

4. Persons specified in Article 49 of the Law on Housing must meet the conditions for receiving social housing support policies as stipulated in Article 51 of the Law on Housing. If they own a house, the average living space per capita must be less than 10 square meters.²/person.

5. The Ministry of Construction shall issue model documents to implement the provisions of this Article.

Article 23. Principles and criteria for reviewing eligible subjects to purchase, lease, or lease-purchase social housingi

1. Principles for reviewing eligible subjects to purchase, lease, or lease-purchase social housing developed under projects:

a) In cases where the total number of valid registration files for purchasing, leasing, or lease-purchasing equals or is less than the total number of apartments announced by the developer, the selection of apartments shall be carried out through mutual agreement between the developer and the customer;

b) In cases where the total number of valid registration files for purchasing, leasing, or lease-purchasing exceeds the total number of apartments announced by the developer, the review and selection of eligible subjects shall be conducted through a point-based system according to the criteria stipulated in Clause 2 of this Article.

After completing the review and selection of valid files corresponding to the total number of apartments announced by the developer, the specific determination of each apartment before signing the contract shall be carried out through mutual agreement between the developer and the customer. In cases where there are multiple valid files with equal points exceeding the total number of apartments available, the developer shall organize a public lottery to select among them;

c) In cases where the purchaser, lessee, or lease-purchaser of social housing does not achieve their needs or wishes at the registered project, they may return their file to register at other projects, or if they do not wish to choose another remaining apartment in that project.

2. The scoring scale is determined based on the following specific criteria:

5. For the subjects stipulated in Clause 6 of Article 49 of the Law on Housing, they may register to purchase, lease, or lease-purchase social housing in projects funded by various economic sectors or projects implemented by the Ministry of National Defense or the Ministry of Public Security, but must ensure that each subject purchasing, leasing, or lease-purchasing social housing receives support only once.

The Ministry of National Defense and the Ministry of Public Security shall specify detailed criteria for reviewing eligible subjects and conditions for those purchasing, leasing, or lease-purchasing social housing in projects constructing social housing implemented by themselves, suitable for the characteristics of the armed forces, and send these to the Ministry of Construction for written comments before issuance, within 15 working days, the Ministry of Construction shall be responsible for responding to the content of the request for comments.

For cases registering to purchase, lease, or lease-purchase housing in projects funded by various economic sectors, the principles and criteria for reviewing eligible subjects shall be carried out according to the provisions of Clause 1 and Clause 2 of this Article.

The Ministry of National Defense and the Ministry of Public Security shall specify the criteria for reviewing eligible subjects and conditions for purchasing, renting, or leasing social housing units in projects they implement, which are suitable for the characteristics of the armed forces, and send them to the Ministry of Construction for written agreement before issuance. Within fifteen working days, the Ministry of Construction has the responsibility to respond regarding the content seeking comments.

For cases registering to purchase, rent, or lease housing in projects invested in by various economic sectors, the principles and criteria for reviewing eligible subjects shall be implemented in accordance with the provisions of Clause 1 and Clause 2 of this Article.

Article 24. Contracts for the sale, lease, and lease-purchase of social housingi

1. The sale, lease, and lease-purchase of social housing as prescribed by the Law on Housing and this Decree shall be agreed upon by the parties based on a model contract issued by the Ministry of Construction.

2. The lease contract for social housing shall be signed between the project investor or the enterprise entrusted by the investor to manage and operate the housing with the tenant.

3. In cases where the lease contract expires but the tenant still falls within the eligible category and meets the conditions to lease social housing, the parties may agree to sign a new lease contract; three months before the expiration of the lease contract, if the tenant still has the need to lease housing and does not violate any circumstances that require termination of the lease contract according to the terms of the signed lease contract, they have the right to sign a new lease contract or extend the lease term of social housing.

Article 25. Management of Quality of Social Housing

1. The management of construction quality for projects constructing social housing shall be carried out in accordance with the laws on the management of construction quality.

2. For social housing invested in by households and individuals, they must comply with the provisions of the law on urban planning, town planning, and rural settlement planning; they must obtain a Construction Permit in accordance with the law on construction.

Article 26. Management and Utilization of Social Housing

1. The management and utilization of social housing funded by state budget shall be implemented in accordance with the laws on the management and utilization of state-owned housing.

2. For social housing constructed using non-state budget funds, the project investor shall be responsible for organizing the management of usage, operation, and exploitation of social housing. The project investor must reserve at least 20% of the total floor area of housing within the project for leasing; after a minimum period of five years from the start of leasing, the project investor is permitted to sell this housing fund to tenants or specified subjects under Article 49 of the Law on Housing at the price stipulated in Article 21 of this Decree.

3. The management and utilization of social housing in apartment buildings shall be carried out in accordance with the laws on housing.

Services for managing and operating social housing shall enjoy mechanisms similar to those for public welfare services.

4. Units managing, operating, and exploiting social housing are entitled to engage in other services in accordance with the law within the social housing area to create sources to offset management and operation costs, maintenance expenses, thereby reducing the cost of housing management services.

5. For social housing invested in by households and individuals:

a) The owner who leases housing manages it themselves or hires, entrusts a unit with the function of managing housing services to manage and operate the housing fund they have invested in.

b) Within the lease period stipulated in the signed contract, the owner of the housing is allowed to sell the housing to the tenant if the tenant wishes to purchase it and the seller does not have to pay land use fees to the State when selling the housing.

c) The owner of the housing enjoys rights and fulfills obligations regarding the housing under their ownership in accordance with civil law and the law on housing.

d) Entrust the Ministry of Construction to issue specific regulations on the management of quality, exploitation, and utilization of social housing built by households and individuals for sale, lease, and lease-purchase.

Article 27. Rights, Obligations, and Responsibilities of the Seller, Lessor, Lease-Purchase Provider, and Buyer, Lessee, Lease-Purchase Recipient of Social Housing

1. The seller, lessor, lease-purchase provider, and buyer, lessee, lease-purchase recipient of social housing shall be responsible for performing the following rights and obligations:

a) For the seller, lessor, lease-purchase provider of social housing:

- Shall strictly comply with all terms agreed upon in the signed purchase-sale, lease, or lease-purchase contracts;

- Has the right to terminate the purchase-sale, lease, or lease-purchase contract for social housing according to the agreement in the signed contract;

- Shall organize the establishment of the Management Board of social housing and promulgate the Regulation on Managing Social Housing in accordance with the guidelines of the Ministry of Construction for social housing that is apartment buildings;

- In cases of leasing social housing, the lessor has the right to reclaim the leased housing when terminating the lease contract, but must notify the lessee at least one month in advance and return the deposit and prepaid rent (if any) to the lessee according to the agreement in the lease contract;

- Shall collect service fees related to the management and use of social housing as stipulated in the signed contract and the Regulation on Managing Social Housing;

- Shall not increase the price of selling, leasing, or lease-purchasing social housing without permission from the competent state agency as prescribed in this Decree;

- Shall comply with decisions of the competent authority regarding the handling of violations and resolving complaints and disputes related to the sale, lease, or lease-purchase of social housing;

- Shall perform other rights and obligations as prescribed by law;

b) For the buyer, lessee, lease-purchase recipient of social housing:

- Has the right to terminate the purchase-sale, lease, or lease-purchase contract for social housing according to the agreement in the signed contract;

- Shall comply with all terms agreed upon in the signed purchase-sale, lease, or lease-purchase contract for social housing and the Regulation on Managing Leased Social Housing issued by the competent authority;

- The buyer, lessee, or lease-purchase recipient must comply with decisions of the competent authority regarding the handling of violations and resolving complaints and disputes related to the sale, lease, or lease-purchase of social housing and perform other rights and obligations as prescribed by law;

- For social housing intended for leasing, the lessee is responsible for returning the house to the lessor according to the agreement in the signed lease contract; if the lessee unilaterally terminates the contract before the term, they must notify the lessor at least one month in advance; if the lessee has prepaid rent for the entire lease period according to the contract, they will receive back the prepaid rent for the remaining lease period and the deposit (if any); the lessee has the right to purchase the rented housing if the owner sells it according to this Decree and relevant laws on housing; shall not arbitrarily maintain, improve, or use the rented housing for other purposes, sublet, or lend the housing; shall not transfer the lease contract or exchange the leased housing for another person without the consent of the lessor;

2. Based on the provisions of this Decree and guiding documents of the competent authority, the parties shall agree and clearly record in the purchase-sale, lease, or lease-purchase contract for social housing their respective rights and obligations.

Chapter V

IMPLEMENTATION

Article 28. Responsibilities of the Ministry of Construction

1. Perform tasks assigned in accordance with the Law on Housing and this Decree.

2. Issue standard designs and typical designs of social housing within its authority; promulgate regulations on managing the use and operation of the social housing fund.

3. Directly guide and assign tasks to state-owned enterprises under the Ministry to cooperate with provincial People's Committees in developing social housing in accordance with this Decree.

4. Take the lead and coordinate with ministries, sectors, and provincial People's Committees to provide guidance, inspect, and audit the development and management of social housing within their authority; compile and evaluate the implementation of this Decree; propose amendments and supplements to suit actual conditions for submission to the Government for consideration and decision.

5. Participate in the Management Council of capital sources and management and use of preferential capital for developing social housing and supporting households and individuals in borrowing to purchase, lease, or lease-purchase social housing.

6. Performs other tasks and exercises other powers as prescribed by law.

Article 29. Responsibilities of Relevant Ministries and Agencies

1. The Ministry of Planning and Investment:

a) Take the lead and coordinate with other ministries and agencies to aggregate, propose, and allocate central budget funds according to the medium-term plan and annual plans through the Vietnam Bank for Social Policies and state-designated credit organizations to implement social housing support policies;

b) Take the lead in researching and submitting to competent authorities for consideration and supplementation of social housing projects into the list of projects eligible for preferential loans or investment support (including ODA funds) in accordance with laws on housing and investment;

c) Take the lead and coordinate with other ministries and agencies to guide the mobilization of national treasury bonds, bonds, official development assistance funds, preferential loans from sponsors, state investment credit development funds (including ODA funds) to implement policies for developing and managing social housing for rental and lease-purchase in accordance with the Law on Housing and this Decree;

2. Ministry of Finance:

a) Guide the implementation of incentives related to financial policy, tax, credit, and methods of forming and establishing investment funds at industrial production enterprises, government-guaranteed bond issuances, local government bonds, and corporate bonds to implement policies for developing and managing social housing for rental and lease-purchase in accordance with the Law on Housing and this Decree;

b) Coordinate with the Ministry of Planning and Investment and relevant ministries and agencies to allocate central budget funds according to annual plans through the Vietnam Bank for Social Policies and state-designated credit organizations to implement preferential loan support policies for households and individuals within the specified target groups when purchasing, renting, or lease-purchasing social housing; provide preferential loans to enterprises and cooperatives that are project investors in social housing construction and households and individuals participating in social housing construction in accordance with the Law on Housing and this Decree;

c) Provide specific guidance on land use fee exemptions, land rent fee exemptions, and the procedures for refunding as stipulated in Clause 1, Article 9 and the method for determining the value of the land use fee that the seller of social housing must pay as stipulated in Clause 4, Article 19 of this Decree;

d) Provide guidance within their authority or submit to competent authorities for regulations on exemptions and reductions of value-added tax, corporate income tax, individual income tax, and other taxes related to the development and management of social housing in accordance with this Decree;

3. The Ministry of Natural Resources and Environment:

a) Take the lead and coordinate with the Ministry of Construction to guide localities in planning and land use plans to ensure sufficient land reserves for implementing social housing construction projects;

b) Take the lead and coordinate with the Ministry of Construction to guide the issuance of certificates of land use rights, ownership of houses, and other assets attached to land for entities eligible to purchase or lease-purchase social housing in accordance with the regulations;

4. The State Bank of Vietnam:

a) Issue regulations on methods of refinancing, lending, debt extension, overdue debt conversion, and preferential lending procedures for state-designated credit organizations to ensure effective and purposeful use of such credit; direct the Vietnam Bank for Social Policies to guide savings deposit mobilization, lending procedures, debt extension, and overdue debt conversion consistent with the organization and operations of the Vietnam Bank for Social Policies;

b) Designate certain credit organizations to implement preferential loans for social housing support; perform tasks assigned in accordance with this Decree;

5. The Vietnam Bank for Social Policies:

a) Manage and utilize funds, and provide loans to the correct target groups in accordance with this Decree;

b) Coordinate with ministries and agencies to report to competent authorities to address difficulties and obstacles during the implementation of preferential loan support for social housing;

c) Take the lead and coordinate with relevant ministries and agencies to develop a proposal for preferential lending to invest in social housing construction for the target groups specified in Clause 1, Article 15 of this Decree for submission to the Prime Minister for consideration and approval before implementation;

6. Relevant ministries and agencies shall be responsible for researching and issuing regulations within their authority or submitting to competent authorities for the issuance of amendments and supplements to mechanisms and policies related to the development and management of social housing as stipulated in this Decree.

Article 30. Responsibilities of the People's Committees of Provinces and Central Cities

1. Organize and direct the investigation, survey, and consolidation of demand to build annual, medium-term, and long-term programs, plans, and investment targets for social housing construction on their territory; direct and assign tasks to local enterprises, coordinate with the Ministry of Construction to direct and assign tasks to state-owned enterprises under the Ministry to develop social housing according to the provisions of this Decree.

2. Review, adjust, and supplement land funds allocated for developing social housing in general planning, district planning, and detailed urban planning of the locality; recover land funds from commercial housing projects, new urban areas that have been assigned to investors but not implemented or implemented slowly compared to the approved schedule, and 20% land fund reserved for building social housing in commercial housing projects, new urban areas but not yet utilized to be assigned to investors who need to invest in social housing.

3. Specify and publicly announce standards, subjects, and conditions for purchasing, renting, and leasing social housing within their territory in accordance with the conditions of each locality; organize management and closely monitor sales, rentals, and leases; issue a framework price for selling, renting, and leasing social housing within their territory according to their authority.

4. Implement central mechanisms and policies regarding the development and management of social housing; issue specific regulations on additional incentive and preferential mechanisms of the locality to call for economic sectors to participate in investing in social housing within their territory; establish rules for managing the use, exploitation, and operation of the social housing fund within their territory.

5. Organize inspections, checks, supervision, and handling of violations related to the sale, rental, and lease of social housing within their territory.

6. Require project investors of social housing construction within their territory to report on the implementation status of the project to the competent state management agency for housing at the local level periodically; organize meetings, interim evaluations, and assessments of the situation and results of social housing development within their territory annually or as required, and report to the Ministry of Construction for consolidation and reporting to the Prime Minister.

7. Direct the Department of Construction, county-level and commune-level authorities, and other functional agencies to implement appraisals and confirm subjects and conditions for preferential loans as stipulated in this Decree; closely cooperate with the Social Policy Bank and credit organizations designated by the State during the process of handling risky debts and collateral assets to recover loaned capital.

Article 31. Responsibilities of Enterprises with Production Bases in Industrial Zones

1. For enterprises that have been and are currently producing in industrial zones, they are responsible for developing plans to resolve housing issues and allocate financial resources to support investment in developing social housing for households and individuals at those bases facing housing difficulties.

2. For newly established or expanded production enterprises, they are responsible for ensuring housing for households and individuals working at their units.

Article 32. Transitional Provisions

1. Projects developing housing for industrial zone workers and projects developing housing for low-income people in urban areas that have been implemented according to the provisions of Decision No. 66/2009/QĐ-TTg dated April 24, 2009 and Decision No. 67/2009/QĐ-TTg dated April 24, 2009 of the Government, and Decree No. 71/2010/NĐ-CP dated June 23, 2010 of the Government, but if the investor requests changes to be applied according to the provisions of this Decree, such changes must be approved by the provincial People's Committee.

2. Social housing projects that have been approved by competent authorities before the effective date of this Decree do not need to be re-approved, except in cases where the investor requests adjustments to the project content.

3. Contracts for the sale, rent, and lease of social housing signed before the effective date of this Decree, where the subject has not yet received preferential loans and does not fall under the category required to provide proof of income according to Clause 3, Article 22 of this Decree, shall be implemented according to the provisions of this Decree.

4. Certificates and confirmations about the subject and current housing status issued by competent authorities before the effective date of this Decree, where the subject has not yet signed contracts for the sale, rent, or lease of social housing, do not need to be re-confirmed.

Article 33. Effective Date of Implementation

1. This Decree takes effect from December 10, 2015.

2. During the period from 2015 to 2020, the Social Policy Bank shall not implement loans for the subjects specified in Clause 1 of Article 15 of this Decree.

3. This Decree replaces Government Decree No. 188/2013/NĐ-CP dated November 20, 2013 on the development and management of social housing.

4. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.