Decree No. 188/2013/ND-CP on the development and management of social housing

DECREE

Von the development and management of social housing;i

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Pursuant to the Law Ton organization and operation of the Government dated December 25, 2001;

Pursuant to the Law N |||dated November 29, 2005;

Pursuant to the Law 3. Amend Clause 3 Article 2 as follows:government issued the Decree on

At the proposal of the Minister of Construction;

The Government promulgates the Decree on the development and management of social housing;,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the development and management of social housing for eligible subjects as prescribed herein to purchase, lease, or lease-purchase housing.

2. The management and use of social housing funded by state budget capital shall be carried out in accordance with the laws on the management and use of state-owned housing.

Article 2. Applicability

This Decree applies to the following entities:

1. Organizations and individuals from domestic and foreign economic sectors, and overseas Vietnamese participating in investment in developing social housing projects for sale, rental, or lease-purchase to the subjects specified in this Decree.

2. Households and individuals investing in building social housing for sale, rental, or lease-purchase to the subjects specified in this Decree.

3. Related organizations; subjects entitled to purchase, lease, or lease-purchase social housing as prescribed in this Decree.

4. State agencies related to social housing.

Article 3. Principles of Development and Management of Social Housing

1. Social housing development must comply with approved construction planning; ensure standards, specifications, and quality of construction works as prescribed by the laws on construction, in accordance with the type and design standards of housing specified in this Decree; social housing constructed under projects must ensure a synchronized infrastructure system.

2. Social housing built by households and individuals must meet basic requirements for technical infrastructure and comply with minimum standards issued by competent state authorities.

3. Social housing as prescribed in this Decree must be strictly managed; units entrusted with managing and operating social housing must sell, rent, or lease-purchase to eligible subjects as prescribed in this Decree and may not arbitrarily change the purpose of social housing without the approval of competent state authorities.

4. The State protects the lawful rights and interests of investors, owners, and purchasers, renters, and lease-purchasers of social housing. Violations of laws on the development and management of social housing must be detected and dealt with promptly and strictly in accordance with the law.

5. Construction materials and production equipment used in the development of social housing must be domestically produced; imported products shall not be used (except for those that cannot be produced domestically).

6. The Ministry of National Defense and the Ministry of Public Security are permitted to implement social housing projects as prescribed in this Decree to provide housing for officers and non-commissioned officers (including officers, non-commissioned officers, and conscripts) in the People's Armed Forces, in accordance with specific circumstances and conditions, but each subject can only be supported once.

Chapter II

MECHANISMS AND POLICIES FOR THE DEVELOPMENT OF SOCIAL HOUSING

Article 4. Forms of Social Housing Development

1. Social housing is housing developed with state support and preferential treatment for the subjects specified in Clause 1, Article 14 of this Decree to purchase, lease, or lease-purchase.

2. The forms of social housing development as prescribed in this Decree include:

a) The State directly invests in constructing social housing through projects using state budget funds (central or local) or purchases apartments from commercial housing projects or receives apartments in commercial housing projects handed over by developers under the Build-Transfer model to establish a state-owned social housing fund for leasing or lease-purchase;

b) Enterprises from various economic sectors participate in constructing social housing through projects using non-budgetary funds for sale, rental, or lease-purchase and receive state support and preferential treatment as prescribed in this Decree;

c) Households and individuals invest in building individual houses for the subjects specified in Clause 1, Article 14 of this Decree to rent, lease-purchase, or purchase and receive state support and preferential treatment as prescribed in this Decree.

Article 5. Social Housing Development Plan

1. Based on actual conditions and the demand for social housing in the locality, the People's Committee of the province or centrally governed city (hereinafter referred to collectively as the provincial People's Committee) must organize the establishment of the annual, medium-term, and long-term Social Housing Development Plan in accordance with the orientation of the National Housing Development Strategy approved by the Prime Minister, the economic and social development plan of the locality during the same period, and it must be approved by the People's Council of the province or centrally governed city (hereinafter referred to collectively as the provincial People's Council).

For localities within the key economic zones in the Northern region, Central region, and Southeast region as prescribed by the Government, the provincial People's Committee is responsible for submitting the draft Social Housing Development Plan to the Ministry of Construction for comments before presenting it to the provincial People's Council for approval. Within fifteen working days from the date of receipt of the draft, the Ministry of Construction shall provide written comments.

The Social Housing Development Plan of localities outside the key economic zones in the Northern region, Central region, and Southeast region shall be organized and established by the provincial People's Committee, reviewed before being presented to the provincial People's Council for approval.

The construction and approval of the Social Housing Development Plan must be carried out concurrently with the process of developing the economic and social development plan and the state budget capital plan; the Social Housing Development Plan may be combined with the Housing Development Program of the locality according to the laws on housing or constructed and approved separately based on specific conditions of each locality.

The provincial People's Committee is responsible for approving the Social Housing Development Plan after it has been approved by the same-level People's Council.

2. The Social Housing Development Plan of the locality must include the following basic contents:

a) Forecasting the number of people with a need for social housing; the area and number of social housing units required to meet this need.

b) The number of units, total floor area of social housing that needs to be invested in construction, including housing funded by the State budget through projects; housing funded by enterprises under various forms of ownership through projects using non-budgetary funds; housing built by households and individuals; the quantity, proportion, and structure of different types of social housing according to each type of area suitable for different groups of people with a need for social housing within the administrative area.

c) Proposed areas, locations, and total land area allocated for developing social housing projects.

d) List of social housing projects implemented annually and in each phase; specific implementation schedule for each project.

đ) Investment capital requirements, sources of investment capital (state budget, capital mobilized from various forms of ownership and other lawful sources).

e) Responsibilities of local functional agencies in implementing the Social Housing Development Plan.

g) Other related contents concerning the development of social housing.

3. After being approved by the provincial People's Committee, the Social Housing Development Plan of localities must be sent to the Ministry of Construction before October 31 of the year preceding the planning year for consolidation and reporting to the Prime Minister.

4. The Ministry of Construction is responsible for organizing and coordinating with relevant ministries and sectors to establish the annual Social Housing Development Plan and the five-year plan for investment and construction using central government budget funds to be submitted to the Prime Minister for consideration and approval.

Article 6. Planning and allocation of land funds for the development of social housing projects

1. During the process of drafting, reviewing, and approving urban planning, land use planning, construction planning for rural residential areas, economic zone development planning, industrial park planning, export processing zone planning, high-tech park planning, provincial People's Committees shall be responsible for allocating sufficient land funds based on local land reserves and directing competent agencies to specifically determine the location, site, and area of land for each social housing project development in accordance with the technical infrastructure and social infrastructure systems to be assigned to investors in accordance with Article 9 of this Decree for implementation of investment and construction activities.

2. Regulations on setting aside land funds for the construction of social housing for commercial housing development projects and new urban areas shall be implemented as follows:

a) Investors of commercial housing development projects and new urban areas, regardless of land area scale (including projects invested and constructed under BT and BOT forms) in cities from type 3 and above and areas planned as cities from type 3 and above must set aside 20% of the total residential land area in detailed planning schemes or overall layouts approved by competent authorities, which have been invested in and constructed with technical infrastructure systems for the purpose of building social housing.

The investor of such commercial housing development projects and new urban areas shall directly be responsible for investing in and 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 state budget funds and in cases where the investor does not wish to participate in the investment and construction of social housing, then transferring this land fund to the provincial People's Committee where the project is located).

b) In cases where commercial housing development projects and new urban areas have a land usage scale below 10 hectares, in addition to the form of setting aside a 20% land fund for social housing construction as stipulated in Point a Clause 2 of this Article, the project investor may choose the form of transferring an equivalent housing fund according to the value of the 20% land fund calculated based on the land price range issued by the provincial People's Committee at the time of transfer for the State to use as social housing or pay an equivalent amount of money based on the value of the 20% land fund according to the land price range issued by the provincial People's Committee to supplement the local Housing Development Fund for investment in social housing within the territorial scope.

3. For cities of type 4 and 5 and rural areas, based on specific conditions, the provincial People's Committee shall consider and decide on requiring investors of commercial housing development projects and new urban areas in the locality to allocate land funds for the construction of social housing in accordance with Clause 2 of this Article.

4. Allocation of land funds for the construction of social housing for workers and employees working in industrial parks, small and medium-sized industrial clusters, economic zones, export processing zones, high-tech parks, industrial production facilities, and handicraft facilities (including mining and processing facilities) of all industries and professions belonging to various economic sectors (hereinafter referred to collectively as industrial parks) shall be implemented as follows:

a) In cases where industrial parks are in the formation stage, the local industrial park management board or the enterprise operating the industrial park's infrastructure shall be responsible for organizing land clearance and investing in technical infrastructure for worker and employee residential areas in those industrial parks according to the approved planning and transferring it to the selected social housing development project investor in accordance with Article 9 of this Decree to undertake the implementation of the social housing development project. The costs of compensation, land clearance, and technical infrastructure investment for the social housing residential area shall be allocated to the land rental fees at the industrial park;

b) In cases where industrial parks have been formed but do not have or do not adequately provide housing for workers and employees, the provincial People's Committee shall be responsible for organizing the establishment (or adjustment of planning), compensation, land clearance, and land recovery to supplement the land fund to be assigned to the selected social housing development project investor in accordance with Article 9 of this Decree to undertake the implementation of the social housing development project. The costs of land clearance compensation shall be deducted from the land use fee and land rental fee retained by the locality;

For industrial parks that have not fully utilized their industrial land area, the provincial People's Committee shall be responsible for organizing adjustments to construction planning; land use planning, and changes in land use purposes within its authority or submitting to the Prime Minister for consideration and decision on adjusting part of the industrial park's land area for the construction of social housing serving industrial park workers.

5. In cases where the State uses the 20% land fund to invest in social housing using state budget funds, the investor of the commercial housing development project and new urban area shall be responsible for synchronously investing in and constructing technical infrastructure systems according to the approved planning before transferring this land fund to the State.

When transferring the 20% land fund to the State, the project investor shall be refunded (or deducted from the financial obligations that the investor must pay to the state budget) the costs of compensation and land clearance, the costs of investing in technical infrastructure systems, and other lawful costs as stipulated by law that the investor has implemented for the 20% land fund to be transferred.

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 projects allocated central government budget capital of 50% or more of the total project investment, the Ministry of Construction shall be responsible for leading and coordinating with the provincial People's Committee to decide on selecting the land fund designated for social housing development as stipulated in this Article to implement the project;

b) For projects allocated central government budget capital less than 50% of the total project investment, the provincial People's Committee where the project is located shall decide on the use of the land fund designated for social housing development as stipulated in this Article to implement the project.

7. For households and individuals participating in the investment and construction of social housing, it must be consistent with urban planning, land use plans and plans, rural residential area planning that have been approved by competent authorities, and comply strictly with the construction permit issued by the competent state agency in accordance with the laws on construction.

The People's Committee of the province shall decide on the change of land use purpose for adjacent garden land and other agricultural land based on the provisions of the Land Law to create conditions to encourage households and individuals to participate in the construction of social housing.

Article 7. Design standards for social housing

1. The design standards for social housing shall be implemented as follows:

a) In cases where social housing projects are invested in and constructed using state budget funds in urban areas, the design standards for housing shall be implemented in accordance with the laws on housing; in other areas, low-rise attached houses may be built.

b) In cases where social housing projects are invested in and constructed using non-state budget funds as apartment buildings, the minimum design standard for each apartment unit shall be 30 square meters, and the maximum shall not exceed 70 square meters, without controlling the number of floors but must be consistent with the construction planning approved by the competent state authority; the project investor is allowed to adjust the building density or land use coefficient up to 1.5 times higher than the current construction standards and regulations issued by the competent authority.

In cases where social housing consists of low-rise attached houses, the construction land area standard for each house shall not exceed 70 square meters.², ensuring compatibility with the construction planning approved by the competent state agency.

c) In cases where pilot design standards for social housing differ from those specified in Points a and b of this Clause, they shall be implemented according to specific regulations of the Prime Minister.

d) The design of individual social housing units invested in and constructed by households and individuals must ensure construction quality and be consistent with planning and the minimum conditions set forth by the competent state authority.

2. Social housing development projects funded by state budget funds must apply model designs and typical designs issued by the competent authority.

3. The Ministry of Construction shall be responsible for providing detailed guidance on design standards and issuing regulations on the minimum conditions for individual social housing units invested in and constructed by households and individuals.

Article 8. Sources of capital for developing social housing

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

a) Local housing development funds established and operated in accordance with the laws on housing (if applicable); annual financial support from the local budget as decided by the Provincial People's Council; issuance of local government bonds and housing savings bonds; raising funds from other lawful sources as stipulated by law;

b) Direct investment capital from the central government budget; government bonds (if applicable);

c) Official Development Assistance (ODA) capital and other foreign loan capital (if applicable).

2. Non-budget capital raised by economic sectors participating in the development of social housing (including households and individuals):

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

b) Loans from preferential lending programs of the Government;

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

d) Loans from credit institutions established and operating in accordance with the laws;

đ) Loans from local housing development funds and housing savings funds established and operating in accordance with the laws;

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

Article 9. Investors in social housing construction

1. The project developer for social housing development is the person owning capital or the person entrusted to manage and utilize capital to implement investment in social housing construction, including:

a) Central and local state agencies managing housing; Project management boards established and operating in accordance with the provisions of the law; State-owned enterprises entrusted to manage and utilize budget funds to invest in social housing construction under the project.

b) Enterprises belonging to various economic sectors with the function of real estate business in accordance with the law participating in investment in social housing construction under the project; production and service enterprises using labor investing in housing construction for sale, lease, or lease-purchase to their employees.

2. For projects developing social housing fully funded by state budget sources and projects with at least 30% of state budget capital, excluding land use fees and infrastructure construction support costs (if any), the selection of project investors and contractors for tender packages providing consulting services, construction works, and equipment procurement shall be carried out in accordance with the laws on housing and construction for projects utilizing state budget capital.

3. For social housing projects funded by sources outside the state budget, the selection of project investors shall be conducted through project bidding or designation in accordance with the laws on land and housing.

4. In cases where social housing projects utilize 20% of the land fund from commercial housing or new urban area development projects as stipulated in Clauses 2 and 3, Article 6 of this Decree, the investor of the commercial housing or new urban area development project shall simultaneously assume the role of investor for the social housing development project.

5. Where an investor already has a land fund legally under their control, consistent with the housing construction plan and wishes to implement a social housing development project, such investor may act as the investor for the social housing development project.

6. Local industrial park management boards or infrastructure development enterprises in industrial parks may concurrently serve as investors for technical infrastructure construction of social housing areas associated with those industrial parks. After completing the technical infrastructure of the social housing area, the primary investor may undertake the construction of social housing themselves or transfer the developed land to production enterprises within the industrial park or real estate trading enterprises (hereinafter referred to as secondary investors) to carry out the social housing development project for workers and employees working in the industrial park.

7. In cases of social housing construction through build-transfer (BT) model, the selection of investors shall be carried out in accordance with Article 10 of this Decree.

8. For social housing constructed by households or individuals, such households or individuals shall conduct the construction in accordance with the laws on housing and construction.

Article 10. Development of Social Housing through Build-Transfer (BT) Form

1. The development of social housing through the BT form shall only be applied to cases where social housing is constructed with state investment.

2. On the basis of land funds allocated for constructing social housing according to planning and development plans for social housing that have been approved on the territory, the provincial People's Committee shall be responsible for:

a) Organizing the compilation of lists of projects for developing social housing through the BT form.

b) Publicly announcing on the electronic information portal (website) of the housing management agency regarding the list and related information about projects for developing social housing through the BT form, conditions for selecting BT investors so that enterprises have a basis for participating in registering as BT investors.

3. The provincial People's Committee shall assign the provincial housing management agency to directly implement or sign consulting contracts with businesses having real estate trading functions to determine criteria and requirements for constructing social housing according to the publicly announced project list and organize the selection of BT investors to submit to the provincial People's Committee for consideration and decision.

BT investors participating in the construction of social housing are enterprises or cooperatives from all economic sectors having real estate trading functions, possessing professional expertise and financial capacity to implement social housing development projects.

4. After being selected by the provincial People's Committee, the BT investor shall be responsible for organizing the preparation and submitting to competent authorities for detailed planning at a scale of 1/500 ratio (for areas without such detailed planning) and organizing the preparation of social housing development projects to submit to competent authorities for approval in accordance with laws on housing and construction.

5. After the social housing development project has been approved, the provincial housing management agency shall draft the BT contract and submit it to the Chairman of the provincial People's Committee for signing the contract with the BT investor or implement the signing of the BT contract (if authorized by the provincial People's Committee).

6. Implementation of investment and construction of social housing through the BT contract form shall be carried out in accordance with laws on housing and laws on investment through the BT contract form.

7. After completing the investment and construction of social housing and acceptance of the works according to the BT contract and relevant laws, the BT investor shall be responsible for transferring this housing fund to the provincial housing management agency for management and exploitation in accordance with regulations.

8. BT investors shall be paid capital for implementing the project through the following forms: Payment by the State from the state budget; use of another area of land for business to recover capital or payment in kind and other lawful sources of capital.

9. Detailed guidance on the development of social housing through the BT form as stipulated in this Article shall be issued by competent authorities in accordance with current regulations.

Article 11. Authority to Approve Investment; Preparation, Review, and Approval of Projects for Social Housing Development

1. Authority to approve investment in social housing development projects (except for cases specified in Clause 3 of this Article):

a) The Prime Minister shall decide to approve investment after receiving the review opinion of the Ministry of Construction in the following cases:

- Projects of all sources with land usage scale of 100 hectares or more;

- Projects funded by the central government budget, regardless of land usage scale.

b) The provincial People's Committee shall decide to approve investment after receiving a written agreement from the Ministry of Construction in the following cases:

- Projects of all sources with land usage scale from 20 hectares to less than 100 hectares (excluding projects funded by the central government budget as specified in Point a of this Clause);

- Projects of all sources (excluding projects funded by the central government budget as specified in Point a of this Clause) with land area under 20 hectares but with a scale of 2,500 units or more.

c) The provincial People's Committee shall decide to approve investment for remaining projects.

d) The time limit for reviewing and issuing investment approval decisions as specified in Points a, b, and c of this Clause shall not exceed 45 days; the time limit for issuing comments shall not exceed 15 days, counted from the date of receipt of the application for investment approval.

2. Project investors must submit an application for investment approval to the competent authority as stipulated in Clause 1 of this Article for examination and decision on investment approval before organizing the preparation, review, and approval of the project.

3. In cases where projects are funded by non-budgetary sources and apply the bidding method to select project investors, there is no need to go through the investment approval procedure. When conducting bidding to select project investors, the competent state authority shall be responsible for supplementing the contents required in Clause 4 of this Article in the tender documents.

4. Investment approval decisions as stipulated in Clauses 1 and 2 of this Article must include the following main contents:

- Name of the project (standalone social housing development project or social housing development project using 20% land fund);

- Name of the investor;

- Investment objectives and investment forms;

- Location of the project; land area and boundaries, population scale;

- Total investment amount and sources of project investment;

- Technical infrastructure and social infrastructure works meeting the requirements of current construction standards;

- Total floor area of housing in the entire project, floor area of each type of housing, including commercial housing (if any); number of units of each type of housing within the scope of the project;

- Area of public use, including: Parking spaces, community living areas, business service areas (if any);

- Product consumption plan, including: Target groups eligible to purchase, lease, or lease-purchase social housing; quantity and area of social housing available for sale, lease, or lease-purchase;

- Rights and obligations of the investor and responsibilities of local authorities; support mechanisms and incentives enjoyed by the project;

- Time frame and progress of the project implementation.

5. Application for investment approval documents include:

a) Application for investment approval;

b) Detailed planning drawings at a scale of 1/500;

c) Explanatory documents and related design drawings.

d) Content of the investment approval request.

The Ministry of Construction shall provide specific guidance on the content of the dossier and the procedures for requesting investment approval for social housing projects as stipulated herein.

6. The establishment, review, and approval of social housing development projects shall be carried out in accordance with laws on housing and construction.

7. In cases where households or individuals invest in building individual social housing units, they are not required to establish a project but must comply with the following provisions:

a) Ensuring compliance with requirements for constructing individual houses; surveying, designing, and constructing individual houses; and managing the quality of individual houses according to laws on housing and construction.

b) Being consistent with the conditions for social housing established by the Ministry of Construction.

c) Submitting a proposal plan to the provincial People's Committee for consideration to enjoy state support mechanisms and incentives when implementing social housing construction investments.

The provincial People's Committee shall have the responsibility to issue specific regulations based on ensuring consistency with the conditions of each locality to encourage and create favorable conditions for households and individuals to participate in social housing construction.

Article 12. Mechanisms for Supporting and Incentivizing Social Housing Development

1. Social housing development projects shall be supported and incentivized by the State in accordance with the following provisions:

a) Exemption from land use fees and land lease fees for the area within the scope of the social housing construction project (including the land fund for constructing commercial facilities as stipulated in Point 1 of this Clause) that has been approved.

In cases where the project investor has paid the land use fee when being granted land by the State; received the transfer of land use rights from other organizations, households, or individuals for the purpose of constructing social housing; or in cases where the project investor has paid the land use fee for the 20% land fund, the State shall refund or offset against the financial obligations that the project investor must pay to the State in accordance with the laws on land.

b) Application of preferential VAT rates as prescribed by laws on VAT.

c) Exemption, reduction, and enjoyment of preferential tax rates on corporate income tax as prescribed by laws on corporate income tax.

d) Receiving support and incentives from the following sources:

- Loans from credit institutions, commercial banks, and financial institutions established and operating in accordance with the laws.

Credit institutions, commercial banks, and financial institutions shall be responsible for allocating a certain amount of capital (at least about 3% of total outstanding loans) to lend to investors of social housing development projects and purchasers, lessees, or lessees of social housing at preferential interest rates lower than market rates, with repayment terms suitable for the borrowers' repayment capacity.

- Preferential loans from local government budgets, local government bond issuance funds, the Housing Development Fund, and other preferential loan sources (if any) as prescribed by laws.

đ) Receiving support from the government budget for all infrastructure investment costs outside the perimeter (transportation, electricity supply, water supply and drainage); receiving partial or full support for compensation, land clearance, and infrastructure investment costs within the project scope according to local conditions.

e) Exemption from the procedure for reviewing basic design for projects applying standard designs or typical social housing designs issued by competent authorities; application of self-execution forms for consulting and construction works if having sufficient capacity as prescribed by laws on construction (except for social housing development projects funded by the state budget).

g) For enterprises and production units using labor in industrial zones, if they invest in building or purchasing housing for their employees without charging rent or charging rent not exceeding the social housing rental price set by the provincial People's Committee, and for enterprises renting housing to arrange for employee accommodation, the construction, purchase, or rental costs of housing shall be considered reasonable expenses in production costs when calculating corporate income tax.

h) Using houses and buildings formed within the scope of social housing development projects as collateral when borrowing funds for such projects.

i) Issuing government-guaranteed bonds in accordance with laws on bond issuance.

k) Enjoying other incentives as prescribed by laws on investment incentives (if any).

l) Project investors may allocate 20% of the total residential land area allocated within the scope of social housing development projects (including projects using the 20% land fund) to construct commercial facilities (including high-rise or low-rise commercial housing) to offset investment costs, contribute to reducing the sale and rental prices of social housing, and reduce management and operation service costs of social housing after investment.

In cases where social housing development projects have detailed planning schemes approved by competent state agencies that do not allocate separate land for constructing commercial facilities within the project scope, project investors may allocate 20% of the total floor area of residential buildings in the project for sale, lease, or lease-purchase at commercial prices.

Part on commercial trade operations stipulated in this Clause must be consolidated into the overall project for developing social housing and ensure the principle of maximum profit rate as prescribed in Article 15 of this Decree.

2. In cases where projects for developing social housing are invested and constructed with non-budgetary funds solely for rental purposes, in addition to the support mechanisms and incentives provided for in Clause 1 of this Article, they shall also be entitled to the following support:

a) The Provincial People's Committee shall provide full funding for the technical infrastructure and social infrastructure within the scope of the project from local budget sources.

b) For the social housing fund intended for rental, after a minimum period of five (5) years from the start of the rental period, the project investor shall be permitted to sell this housing fund to tenants (if they have such a need) at the price of social housing at the time of sale.

3. Households and individuals participating in the investment in social housing shall be entitled to the following support and incentives:

a) Exemption from land use fees when permitted to change the purpose of land use from other types of land to construction of social housing.

b) Exemption, reduction, and enjoyment of tax incentives related to personal income tax and other taxes associated with activities of selling, renting, and leasing social housing according to the laws on taxation.

c) Support as prescribed in Point d of Clause 1 of this Article.

d) Utilization of future-formed housing as collateral when borrowing capital to invest in social housing.

Chapter III

MANAGEMENT AND USE OF SOCIAL HOUSING

Article 13. Provisions on the Sale, Rental, and Lease Purchase of Social Housing

1. Social housing must be sold, rented, or lease-purchased in accordance with the specified target groups and conditions set forth in Article 14 of this Decree; each household or individual may only be supported once for social housing according to the provisions of this Decree.

Target groups specified in Point c of Clause 1 of Article 14 of this Decree shall be supported for housing through the purchase, rental, or lease-purchase of social housing developed by the State and economic sectors participating in investment or by the Ministry of National Defense and the Ministry of Public Security as implemented according to Clause 6 of Article 3 of this Decree.

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. Investors of projects for developing social housing with non-budgetary funds must reserve a minimum of twenty percent (20%) of the total floor area of housing within the project for rental purposes; after a minimum period of five (5) years from the start of the rental period, the project investor shall be permitted to sell this housing fund to tenants who belong to the target group specified in Article 14 of this Decree at the price prescribed in Point a of Clause 2 of Article 15 of this Decree.

4. Tenants of social housing shall not be allowed to sublet or transfer the housing under any form during the rental period as stipulated in the signed contract with the lessor.

5. Purchasers or lease-purchasers of social housing shall not be permitted to sublet, mortgage (except in cases of mortgaging with a bank to borrow money to purchase or lease-purchase the same apartment) or transfer the housing under any form during a minimum period of five (5) years from the date of fully paying the purchase or lease-purchase price according to the signed contract with the seller or lease-purchaser.

Purchasers or lease-purchasers of social housing shall only be permitted to resell, mortgage, or rent out after fully paying the amount according to the signed contract and obtaining the certificate of land use rights, ownership of the house, and other assets attached to the land according to the laws on land, but must ensure a minimum period of five (5) years from the date of fully paying the purchase or lease-purchase price according to the signed contract with the seller or lease-purchaser.

From the date purchasers or lease-purchasers of social housing are permitted to sell social housing to others, in addition to the amounts payable upon selling housing according to the law, the seller of the condominium unit must pay fifty percent (50%) of the land use fee allocated to that unit (for low-rise adjacent houses, one hundred percent (100%) of the land use fee must be paid for the area used for housing construction), calculated based on the land price issued by the Provincial People's Committee at the time of resale.

6. Within a period of less than five (5) years from the date of fully paying the purchase or lease-purchase price of social housing, if the purchaser or lease-purchaser has a need to resell social housing, they can only resell to the State (in the case of lease-purchase of social housing funded by the State from the budget) or resell to the developer of the social housing development project (in the case of purchasing or lease-purchasing social housing built with non-budgetary funds) or resell to the target group eligible to purchase or lease-purchase social housing as prescribed in Article 14 of this Decree; the resale price of social housing shall not exceed the price of similar social housing at the time of resale.

7. In cases of separate purchase, rental, or lease-purchase of social housing individually invested and constructed by households or individuals, the transfer of land use rights must comply with the provisions of the laws on land.

8. Procedures and formalities for purchasing, renting, or lease-purchasing social housing shall be carried out according to guidelines issued by the Ministry of Construction.

9. Based on the provisions of this Decree and guidelines issued by the Ministry of Construction, the Provincial People's Committee shall specify detailed procedures and formalities for reviewing and prioritizing target groups with needs to purchase, rent, or lease-purchase social housing within their jurisdiction, ensuring compatibility with the economic and social conditions of each locality.

10. The Ministry of National Defense and the Ministry of Public Security shall issue specific regulations, after obtaining the unified opinion in writing of the Ministry of Construction regarding criteria for determining target groups; conditions for purchasing, renting, or lease-purchasing social housing in projects implemented according to Clause 6 of Article 3 of this Decree.

Article 14. Subjects and Conditions for Allocation of Social Housing

1. Social housing shall be allocated to address the accommodation needs of the following subjects:

a) Persons who have rendered meritorious service to the revolution as stipulated in the Ordinance on Preferential Treatment for Persons with Meritorious Service to the Revolution;

b) Civil servants, officials, and employees in administrative agencies, public institutions, Party organizations, and mass organizations receiving salaries from the state budget;

c) Officers, professional military personnel (including officers, non-commissioned officers, and enlisted personnel who are professional military personnel) belonging to the People's Armed Forces receiving salaries from the state budget; personnel engaged in confidential work who are not military personnel but enjoy benefits and policies similar to those for military personnel as prescribed by laws on confidential work;

d) Workers and laborers in various economic sectors working in industrial zones, including workers and laborers working in industrial zones, small and medium-sized industrial clusters, economic zones, export processing zones, high-tech zones, and industrial and handicraft production facilities (including mining and processing facilities) across all industries and trades;

đ) Low-income individuals and households classified as poor in urban areas;

e) Social welfare beneficiaries as prescribed by laws on social assistance policies for social welfare beneficiaries; elderly single individuals living alone without support;

g) Individuals who have returned public service housing upon reaching the end of their eligibility for public service housing;

h) Students at universities, colleges, vocational high schools, vocational colleges, intermediate vocational colleges, and training institutions for workers, regardless of whether they are public or private;

i) Households and individuals subject to relocation who have not been allocated resettlement land or housing;

2. Subjects purchasing, renting, or leasing social housing funded by state budget capital shall comply with the regulations on management and utilization of state-owned housing as prescribed by law;

3. Subjects purchasing, renting, or leasing social housing in projects developed using non-state budget capital must meet the following conditions:

a) Not having ownership of housing or owning housing but with an average floor area per person in the household less than 8 square meters or temporary, dilapidated, and leaking housing that has not received state support in the form of housing or land;

b) In the case of purchasing housing, they must have permanent residence registration or temporary residence registration but must have contributed to social insurance for at least one year in the province or centrally administered city where the social housing project is located;

c) In the case of leasing housing, they must pay the initial payment equal to 20% of the housing value and the remaining value according to the signed contract;

d) Low-income individuals as stipulated in Point đ, Clause 1 of this Article are those who are not required to pay regular income tax under the law on personal income tax; households classified as poor as stipulated in Point đ, Clause 1 of this Article are those meeting the poverty standard as defined by the Prime Minister, and social welfare beneficiaries as stipulated in Point e, Clause 1 of this Article must be confirmed by the People's Committee of the commune or town where they reside; individuals as stipulated in Point h, Clause 1 of this Article can only be provided accommodation through rental;

4. In cases where the subjects are households and individuals subject to relocation as stipulated in Point i, Clause 1 of this Article, the specific provisions shall be determined by the provincial People's Committee without applying the conditions set forth in Clause 3 of this Article;

5. Individuals purchasing, renting, or leasing social housing built by households or individuals are the subjects specified in Clause 1 of this Article, registered as permanent residents or temporary residents in the province or centrally administered city where the social housing is located.

Article 15. Sale Price, Rental Price, and Lease-Purchase Price of Social Housing

1. The sale price, rental price, and lease-purchase price of social housing invested with state budget funds shall be implemented in accordance with the laws on the management and use of state-owned housing.

2. The sale price, rental price, and lease-purchase price of social housing funded from sources outside the state budget shall be determined based on the following principles:

a) The sale price of social housing shall be determined by the project investor based on ensuring that all costs, including interest (if applicable), and the fixed profit rate for the entire project do not exceed 10% of the total investment cost.

In cases where the sale price of the project is lower than the construction cost of similar housing units announced by the competent authority at the same time, the fixed profit rate included in the sale price may not exceed 15% of the total investment cost.

b) The rental price and lease-purchase price of social housing shall be self-determined by the project investor based on ensuring that all costs, including interest (if applicable), and the fixed profit rate for the entire project do not exceed 15% of the total investment cost; state benefits stipulated in Article 12 of this Decree shall not be included in the rental price and lease-purchase price; the minimum period for recovering capital for rented social housing is 15 (fifteen) years, calculated from the date of signing the contract.

In cases of lease-purchase of social housing, the lessee must pay an initial amount of 20% of the housing value and pay the remaining portion 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 05 (five) years, calculated from the date the lessor delivers the housing to the lessee.

The provincial People's Committee shall be responsible for organizing the appraisal of the sale price, rental price, and lease-purchase price for social housing projects funded from sources outside the state budget within its jurisdiction.

3. For social housing built by households or individuals for rent, lease-purchase, or sale, the price shall be self-determined by the investor but shall not exceed the price range set by the provincial People's Committee.

4. The tenant of social housing has the responsibility to deposit a security deposit with the landlord according to the agreement of both parties, but it shall not exceed 06 (six) months' rent, and shall not be less than 03 (three) months' rent to ensure the fulfillment of the tenant's obligations.

The lessor and tenant 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 tenant pays the security deposit as stipulated in this Clause, they may have their rental price reduced or be exempted from paying rent for a certain period agreed upon by both parties.

In cases where the tenant belongs to poor households, near-poor households, or the categories specified in Points a, e, and h of Clause 1, Article 14 of this Decree, they are not required to pay a security deposit when renting social housing.

5. The provincial People's Committee shall be responsible for organizing inspections and checks on the sale, rental, and lease-purchase of social housing within its jurisdiction in accordance with the laws on housing and this Decree.

6. Individuals purchasing, renting, or lease-purchasing social housing may borrow funds from credit organizations, commercial banks, and financial institutions established and operating in accordance with the law to pay for the purchase, rental, or lease-purchase of social housing from the sources of funding specified in Point d of Clause 1, Article 12 of this Decree, with preferential interest rates lower than market rates and repayment terms suitable for the borrower's ability to repay.

Article 16. Contracts for the sale, lease, and lease-purchase of social housing

1. The sale, lease, and lease-purchase of social housing must be documented in writing according to the standard contract form prescribed and issued by the Ministry of Construction.

2. Contracts for the sale and lease-purchase of social housing under projects shall be signed between the project developer and the buyer or lease-purchaser from the time the foundation is completed; the seller may collect advance payments from customers according to agreement, but not exceeding seventy percent of the value of the housing as stated in the contract; lease contracts for social housing may be signed between the developer or a business entrusted by the developer to manage and operate the housing with the tenant.

3. In cases of leasing social housing, the lessor may only sign a lease contract after completing the investment construction and handing over the housing for use; the lease contract for social housing shall have a maximum term of five years.

4. The lease contract for social housing terminates in the following cases:

a) At the end of the lease period, if the lessee no longer requires the lease;

b) Termination of the lease contract by mutual agreement of both parties;

c) The lessee unilaterally terminates the lease contract before the expiration date;

d) The lessee breaches the contract's terms and conditions, leading to premature termination of the lease contract;

đ) Termination of the lease contract pursuant to a decision of a competent state agency.

5. If at the end of the contract term, the lessee still qualifies as an eligible tenant for social housing, the parties may agree to renew the lease contract; three months prior to the expiration of the lease contract, if the lessee still has a need to lease the housing and has not violated any circumstances leading to the premature termination of the lease contract, they may enter into a new lease contract or extend the lease term of social housing.

Article 17. Quality Management of Social Housing

1. Quality management of construction works for social housing projects shall be carried out in accordance with the laws on quality management of construction works, ensuring quality standards equivalent to commercial housing projects.

2. For social housing constructed by households or individuals, they must comply with urban planning and rural settlement regulations; obtain a construction permit as required by construction laws; and receive a confirmation letter from the Department of Construction or the district-level People's Committee's housing management department (hereinafter referred to collectively as the District People's Committee) confirming compliance with the conditions set forth by the Ministry of Construction before implementing the leasing, lease-purchase, or sale of such housing.

Article 18. 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 built using non-governmental capital, the project developer is responsible for organizing the management, operation, and utilization of social housing.

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

Management and operation services for social housing shall enjoy mechanisms similar to public utility services as guided by the Ministry of Finance.

4. The entity managing and operating social housing may engage in other businesses within the social housing area to generate revenue to offset management and maintenance costs, thereby reducing rental prices.

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

a) The owner who leases housing may self-manage or entrust a service provider with the function of managing housing to manage and operate the housing fund they have invested in.

b) During the lease period stipulated in the signed contract, the owner may sell the housing to the current tenant if the tenant wishes to purchase it and the seller does not need 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 housing law.

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 19. Rights, obligations, and responsibilities of the seller, lessor, buyer, lessee, and rent-to-own purchaser of social housing

1. The seller, lessor, rent-to-own lessor, buyer, lessee, and rent-to-own purchaser of social housing shall be responsible for performing their rights and obligations as prescribed by laws on housing and civil laws, including compliance with the following basic 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;

- Establishing the Management Board of social housing and promulgating the Management Regulations of social housing in accordance with the guidelines of the Ministry of Construction for the type of social housing that is apartment buildings;

- In the case of renting out social housing, the lessor has the right to reclaim the rented housing upon termination of the lease agreement, 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 terms agreed in the lease agreement;

- 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;

- Fulfilling all clauses and provisions agreed upon in the sale, lease, and rent-to-own purchase contracts signed and the Management Regulations of leased social housing issued by competent authorities;

- The buyer, lessee, and rent-to-own purchaser must comply with decisions of competent authorities regarding the handling of violations and resolving complaints and disputes related to the sale, lease, and rent-to-own 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 as stipulated in the lease agreement; if the lessee unilaterally terminates the lease agreement before its expiration, 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 agreement, they will receive back the prepaid rent for the remaining lease period and the deposit as provided for in this Decree; the lessee has the right to purchase the rented housing if the owner implements the sale of housing as prescribed in this Decree and relevant laws on housing; they may not arbitrarily maintain, improve, or use the rented housing for other purposes, sublet it to others, or lend it; they may not transfer the lease contract or exchange the rented housing with others without the consent of the lessor;

2. Based on the provisions of this Decree, the parties must agree and clearly record in the sale, lease, and rent-to-own purchase contracts of social housing the rights and obligations of both parties; circumstances under which the sale, lease, and rent-to-own purchase contracts of social housing are terminated; prices for the sale, lease, and rent-to-own purchase of social housing; and amounts that the buyer, lessee, and rent-to-own purchaser must pay when implementing the sale, lease, and rent-to-own purchase of social housing.

Chapter IV

HANDLING VIOLATIONS AND RESOLVING COMPLAINTS AND DISPUTES IN THE MANAGEMENT AND USE OF SOCIAL HOUSING

Article 20. Violations in the management and use of social housing

1. Violation of agreements in the sale, lease, and rent-to-own purchase contracts of social housing.

2. Violation of relevant legal provisions in the management and use of social housing.

Article 21. Handling violations in the management and use of social housing

1. If the seller, lessor, rent-to-own lessor, buyer, lessee, and rent-to-own purchaser of social housing violate the agreements recorded in the contract that both parties have signed, they must bear responsibility according to the commitments made in the signed contract. In cases where damage is caused, compensation for damages must be made in accordance with the law.

2. If the lessee or rent-to-own purchaser fails to return the housing within the time limit agreed in the lease and rent-to-own purchase contracts (in the case where the rent-to-own purchaser does not fulfill the payment obligation as stipulated in the signed contract), and the lessee or rent-to-own purchaser has not returned the housing, the lessor or rent-to-own lessor has the right to request the competent state authority where the housing is located to organize forced eviction and relocation of the lessee or rent-to-own purchaser. The provincial People's Committee is responsible for organizing forced eviction or authorizing the district-level authority to implement forced eviction in accordance with the law on housing and civil law to hand over the social housing to the lessor or rent-to-own lessor within a maximum period of five months from the date of receipt of the request from the lessor or rent-to-own lessor. The costs of forced eviction and handing over the leased or rent-to-own purchased housing are borne by the lessor or rent-to-own lessor.

3. If the seller or rent-to-own lessor of social housing fails to comply with the provisions of this Decree, they will be subject to administrative penalties as prescribed by law. The sale or rent-to-own purchase of housing in such cases has no legal validity; the buyer or rent-to-own purchaser of housing will not be recognized by the State as the owner of the purchased or rent-to-own purchased housing and will not be granted a Certificate of Land Use Right, Housing Ownership, and Other Assets Attached to the Land.

4. If the lessee or rent-to-own purchaser of social housing arbitrarily sublets the housing to others, transfers the lease or rent-to-own purchase contract to others, exchanges the rented housing, or lends the rented housing to others, the lessor or rent-to-own lessor has the right to terminate the lease or rent-to-own purchase contract prematurely and reclaim the social housing.

5. For other violations of the law concerning the sale, lease, and rent-to-own purchase of social housing, administrative sanctions or criminal liability will be pursued depending on the severity of the violation in accordance with current laws.

Article 22. Handling complaints and disputes related to social housing

1. In cases where there are complaints or disputes related to social housing, the parties shall negotiate and reach an agreement to resolve them. If the parties cannot reach an agreement through negotiation, they shall handle the matter according to the provisions set forth in Clause 2 of this Article.

2. The resolution of complaints and disputes related to social housing shall be carried out in accordance with the following provisions:

a) If there are complaints regarding management and usage fees related to social housing, such complaints shall be resolved by the People's Committee of the province where the social housing is located. The maximum time limit for the People's Committee of the province to resolve the complaint is two months from the date of receipt of the request from either party. The decision of the People's Committee of the province shall be the final decision.

b) If there are disputes regarding the sale, lease, or lease-purchase of social housing, such disputes shall be resolved by the People's Court in accordance with the provisions of the law.

Chapter V

IMPLEMENTATION

Article 23. Responsibilities of the Ministry of Construction

1. Implement tasks assigned in accordance with this Decree and the directives of the Prime Minister.

2. Guide and implement the management and use of central government investment capital for the construction of social housing in accordance with the provisions of the State Budget Law.

3. Issue, within its authority, model designs and typical designs for social housing; regulations on the management of the use and operation of the social housing fund;

4. Take the lead and coordinate with the People's Committees of key provinces with high demand for social housing to direct and assign tasks to state-owned corporations with functions and experience in housing business to implement large-scale social housing projects with synchronized infrastructure and public transportation connections to ensure improved housing conditions for those in need of housing in accordance with the National Housing Development Strategy until 2020 and vision 2030 issued by the Prime Minister.

5. Take the lead and coordinate with relevant ministries, sectors, and provincial people's committees to guide, 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 circumstances for consideration and decision by the Government.

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

Article 24. Responsibilities of Relevant Ministries and Sectors

1. The Ministry of Planning and Investment:

a) Take the lead and coordinate with relevant ministries and sectors to allocate central government budget funds for the construction of social housing and provide preferential loans for social housing projects; take the lead in researching and submitting proposals to competent authorities for consideration to include social housing projects in the list of projects eligible for preferential credit or investment support under the law on investment.

b) Take the lead and coordinate with relevant ministries and sectors to mobilize ODA and FDI funds to support investment in social housing projects.

2. Ministry of Finance:

a) Guide the implementation of financial, tax, credit, and other policy incentives related to the formation and establishment of investment funds at industrial enterprises, issuance of government-guaranteed bonds and local government bonds for the development of social housing in accordance with this Decree.

b) Take the lead in researching and reporting to the Government to submit to the National Assembly for amending and supplementing the Value Added Tax Law, Corporate Income Tax Law, and Personal Income Tax Law to provide the highest level of preferential treatment for social housing development projects, entities involved in social housing development, and individuals purchasing, leasing, or lease-purchasing social housing in accordance with this Decree.

c) Coordinate with the Ministry of Planning and Investment to allocate central government budget funds for the construction of social housing in accordance with the Prime Minister's decision.

d) Provide specific guidance on the method for determining the value of land use rights that the seller must pay according to this Decree.

đ) Provide guidance within its authority or submit proposals to competent authorities to establish exemption and reduction regimes for VAT, corporate income tax, personal income tax, and other taxes, as well as exemption from land use fees; specify the detailed procedures for issuing government-guaranteed bonds and local government bonds for the development of social housing in accordance with this Decree.

3. The Ministry of Natural Resources and Environment is responsible for taking the lead and coordinating with the Ministry of Construction to guide localities in planning and land use plans to ensure sufficient land for implementing social housing development projects; 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 individuals purchasing, lease-purchasing social housing in accordance with this Decree.

4. The State Bank of Vietnam is responsible for:

a) Taking the lead and coordinating with the Ministry of Construction to research and propose sources of credit support for social housing development for submission to the Prime Minister for consideration and decision.

b) Taking the lead and coordinating with the Ministry of Construction and the Ministry of Finance to direct, urge, and guide credit institutions, commercial banks, and financial institutions to allocate a certain percentage of total loan balances to lend to individuals purchasing, leasing, or lease-purchasing social housing, project developers of social housing projects, and households and individuals participating in social housing investment at lower interest rates and appropriate repayment periods in accordance with Point d Clause 1, Point c Clause 3 Article 12 and Clause 6 Article 15 of this Decree.

c) Take the lead and coordinate with relevant ministries and sectors to study and issue regulations within their authority or submit proposals to competent authorities for regulations related to the use of housing and construction works formed from borrowed funds as collateral when borrowing; guide the procedures, formalities, and conditions for borrowing to purchase, lease, or lease-purchase housing in accordance with this Decree.

Article 25. Responsibilities of the People's Committees of provinces and centrally governed cities

1. Organize and direct the investigation, survey, and compilation of needs to develop annual programs, plans, and investment targets for social housing construction over a five-year period and longer within their jurisdictional areas.

2. Review, adjust, and supplement land funds designated for social housing development in general planning, district planning, and detailed urban planning; reclaim land funds from commercial housing development projects and new urban areas that have been assigned to investors but not implemented or implemented slower than the approved schedule, and 20% land funds reserved for social housing construction in commercial housing development projects and new urban areas that have not yet been utilized, and assign them to investors with a need to invest in social housing construction.

3. Specify and publicly announce standards, target groups, and conditions for purchasing, renting, and leasing social housing within their jurisdictional areas by establishing a scoring system suitable for each locality’s conditions; organize management and monitor sales, rentals, and leases to minimize exploitation for profit.

4. Specify specific mechanisms and incentives to encourage economic sectors to participate in investing in social housing within their jurisdictional areas; establish regulations on the management of the use, operation, and maintenance of social housing funds within their jurisdictional areas.

5. Organize inspections, checks, supervision, and handling of violations related to the purchase, rental, and leasing of social housing within their localities according to their authority.

6. Require project developers of social housing within their jurisdictional areas to report periodically on the implementation of their projects to the local state management agency responsible for housing; organize meetings, interim evaluations, and assessments of the situation and results of social housing development in their localities annually or as required, and report to the Ministry of Construction for consolidation and reporting to the Prime Minister.

Article 26. Responsibilities of enterprises with production bases in industrial zones

1. Enterprises already operating or currently producing in industrial zones shall be responsible for allocating financial resources to support the development of social housing to meet the housing needs of workers and employees at those facilities who face housing difficulties.

2. New enterprises or those expanding production must determine the housing needs for workers and establish plans to ensure housing for their own workers.

Chapter VI

IMPLEMENTING PROVISIONS

Article 27. Transitional Provisions

For projects developing housing for industrial zone workers and projects developing housing for low-income individuals in urban areas established in accordance with Decision No. 66/2009/QD-TTg and Decision No. 67/2009/QD-TTg dated April 24, 2009 of the Government, if provincial People's Committees have not yet approved investment or if investment has been approved but investors request changes, such projects shall be carried out in accordance with the provisions of this Decree regarding the establishment, review, approval, and supplementary approval of project contents.

Article 28. Effective Date

1. This Decree takes effect from January 10, 2014.

2. Repeal Articles 31, 32, 33, 34, 35, 36, 37, 38, 39, and 40 and Point c, Clause 4, Article 58 of Decree No. 71/2010/NĐ-CP dated June 23, 2010 of the Government detailing and guiding the implementation of the Law on Housing; the contents stipulated in Section II and III of Part II of Resolution No. 18/NQ-CP dated April 20, 2009 of the Government and Decisions No. 66/2009/QD-TTg dated April 24, 2009 of the Prime Minister promulgating certain mechanisms and policies for developing housing for workers in industrial zones, and Decision No. 67/2009/QD-TTg dated April 24, 2009 of the Prime Minister promulgating certain mechanisms and policies for developing housing for low-income individuals in urban areas.

3. The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central city, are responsible for enforcing this Decree./.