Resolution No. 201/2025/QH15 on Pilot Mechanisms and Special Policies for Developing Social Housing

RESOLUTION

Pilot on certain special mechanisms and policies for developing social housing

 OF THE NATIONAL ASSEMBLY

On the basis of the Constitution of the Socialist Republic of Vietnam;

Pursuant toLaw on Organization of the National Assembly No. 57/2014/QH13 has been amended and supplemented with some articles according to Law No. 65/2020/QH14 and Law No. 62/2025/QH15;

Pursuant to the Law on Legislative Regulatory Documents No. 64/2025/QH15;

RESOLUTION:

Article 1. Scope of Regulation

1. This Resolution stipulates pilot on certain special mechanisms and policies for developing social housing nationwide, including:

a) National Housing Fund;

b) Assigning investors and approving investment orientation at the same time without tendering for projects investing in building social housing and housing for the people's armed forces that do not use public investment funds;

c) Preparing, examining, approving, and adjusting detailed planning for projects investing in building social housing;

d) Investment procedures for constructing social housing;

đ) Determining selling prices and lease-purchase prices for social housing;

e) Conditions for housing to be eligible for social housing support policies;

g) Renting social housing and worker dormitories in industrial zones;

h) Compensation, support, resettlement, and investment in technical infrastructure systems to create land reserves for developing social housing.

2. In this Resolution, social housing, worker dormitories in industrial zones, and housing for the people's armed forces as defined in the Law on Housing shall collectively be referred to as social housing, except where specific provisions apply to each type of housing under the Articles and Clauses of this Resolution.

Article 2. Applicability

This Resolution applies to agencies, units, enterprises, organizations, and individuals related to the development, management, use, and ownership of social housing.

Article 3. Principles of Legal Application

1. Where there are different provisions on the same issue between this Resolution and other laws or resolutions of the National Assembly, the provisions of this Resolution shall apply, except as provided in Clause 2 of this Article.

2. Where other regulatory legal documents provide more favorable support and preferential mechanisms than those stipulated in this Resolution, the beneficiaries may choose to apply the more favorable support and preferential mechanisms.

Article 4. National Housing Fund

1. The National Housing Fund is a state financial fund outside the budget, having legal personality, and operating without profit-making objectives.

The National Housing Fund includes: the central housing fund established by the Government, and local housing funds established by provincial People's Committees.

2. The National Housing Fund is formed from sources such as the state budget, money allocated from the equivalent value of land funds invested in building technical infrastructure systems for social housing as prescribed by the law on housing, proceeds from the sale of state-owned housing, proceeds from the auction of land use rights as stipulated in Point b Clause 4 Article 12 of this Resolution; receiving voluntary contributions, contributions from domestic and foreign organizations and individuals, and other lawful fundraising sources.

3. The National Housing Fund is used to invest in building social housing, to construct technical and social infrastructure systems of projects investing in building social housing, to establish social housing for leasing, and housing for civil servants, public officials, and workers to rent.

Article 5. Assigning Investors and Approving Investment Orientation at the Same Time Without Tendering for Projects Investing in Building Social Housing and Housing for the People's Armed Forces That Do Not Use Public Investment Funds

1. Based on the housing development program or urban and rural planning approved or the location of land already determined for developing social housing and housing for the people's armed forces, the assignment of investors shall be carried out as follows:

a) In cases where the project has been approved for investment orientation or investment approval or has an equivalent legal document, the competent state agency shall assign the investor without tendering, except as provided in Clause 1 Article 12 of this Resolution;

b) In cases where the project has not been approved for investment orientation or investment approval or does not have an equivalent legal document, the competent state agency shall approve the investment orientation while assigning the investor without tendering.

2. The authority to assign investors and approve investment orientation while assigning the investor without tendering is regulated as follows:

a) Provincial People's Committees shall assign investors or approve investment orientation while assigning investors for projects investing in building social housing as stipulated in Clause 1 of this Article, except as provided in Point b of this Clause;

b) The Ministry of Defense and the Ministry of Public Security shall assign investors or approve investment orientation while assigning investors for projects investing in building housing for the people's armed forces as stipulated in Clause 1 of this Article after obtaining written agreement from the provincial People's Committee regarding the location of land for investing in building housing for the people's armed forces;

c) Provincial People's Committees, the Ministry of Defense, and the Ministry of Public Security shall not delegate or authorize the authority specified in Points a and b of this Clause.

3. The condition for assigning investors is that they must meet the requirements for real estate business organizations as prescribed by the law on real estate business.

In cases where two or more investors register as the investor, the criteria for prioritizing the assignment of investors include: experience in implementing housing construction investment projects; financial capacity to implement the project; other criteria as prescribed by the Government.

4. The procedure for assigning investors and approving investment orientation while assigning investors without tendering replaces the procedures for approving investment orientation and selecting investors as prescribed by the law on investment and other relevant laws.

The decision to assign investors and the decision to approve investment orientation while assigning investors without tendering serve as the basis for allocating land, leasing land, and permitting changes in land use purposes.

Article 6. Establishment, review, approval, and adjustment of detailed planning for social housing investment projects

1. For social housing investment projects where the land area for constructing social housing does not yet have an approved detailed plan or requires adjustment to the detailed plan, there is no need to implement procedures for establishing, reviewing, approving, and adjusting the detailed planning tasks.

The land use planning indicators and requirements for spatial organization, architecture, and landscape of the area determined in the approved district planning or general planning for areas that do not require district planning shall be used instead of the detailed planning tasks and serve as the basis for establishing, reviewing, approving, and adjusting the detailed plan.

2. The establishment, review, approval, and adjustment of detailed plans shall be carried out in accordance with the laws on urban and rural planning.

Article 7. Investment Construction Procedures for Social Housing

1. Social housing investment projects do not need to undergo feasibility study report review at specialized agencies on construction as stipulated by construction laws. The investor and the investment decision-maker shall organize the review and approval of the feasibility study report and bear responsibility for ensuring compliance with construction laws.

2. The review of fire prevention and firefighting design at specialized agencies on construction as stipulated by laws on fire prevention, firefighting, and rescue shall be integrated into the building permit issuance procedure for cases requiring a building permit and shall be conducted by the competent authority issuing the building permit within thirty days from the date of receiving complete and valid documents.

3. In cases where social housing construction works under social housing investment projects propose to apply standard designs or typical designs that have been announced by competent state authorities, comply with urban and rural planning, and meet fire prevention and firefighting requirements as stipulated by laws on fire prevention, firefighting, and rescue, they may be exempted from obtaining a building permit.

4. The selection of contractors in construction activities to implement tender packages belonging to social housing investment projects, social housing construction works funded by public investment capital, trade union financial resources, and state-owned enterprise capital according to the Enterprise Law and enterprises wholly owned by state-owned enterprises shall apply the simplified direct award method in accordance with the bidding laws.

Article 8. Determination of Sale Price and Purchase-Rent Price for Social Housing

1. Based on the methods for determining sale prices and purchase-rent prices for social housing and fixed profit margins as stipulated by laws on housing, investors shall independently establish, or hire consulting firms with appropriate qualifications in construction activities to review before the investor approves the sale prices and purchase-rent prices for social housing.

2. The determination of sale prices and purchase-rent prices for social housing shall be implemented for one or several works of social housing investment projects according to implementation phases or investment stages, individual component projects, or the entire project.

3. After the completion acceptance of the construction work and its commissioning for use, the investor shall be responsible for conducting audits and final accounts of the construction investment costs in accordance with the law, and submit them to the specialized agency under the provincial People's Committee for inspection of the sale prices and purchase-rent prices for social housing. If the sale prices and purchase-rent prices for social housing based on audit and final accounts are higher than those agreed upon in contracts signed by the investor, the investor shall not collect the difference from the buyer or rent-purchaser of social housing; if lower, the investor must refund the difference to the buyer or rent-purchaser of social housing.

Article 9. Conditions for Housing Support Policies

1. For provinces and centrally-administered cities that have been reorganized, the conditions for housing for individuals eligible to purchase or lease social housing shall be determined based on the administrative unit's scope of the province or centrally-administered city where the project was located before the reorganization, in accordance with the Law on Housing.

2. In cases where individuals eligible for housing support policies under the laws on housing work at locations far from their residences, the condition for purchasing or leasing social housing is that they have not purchased or leased social housing, do not own housing, or if they own housing, it is far from their workplace. Based on the actual conditions of the locality, the People's Committee of the province shall provide detailed regulations on the situation where individuals own housing but it is far from their workplace and are eligible for housing support policies.

Article 10. Renting Social Housing and Worker Dormitories in Industrial Zones

1. Enterprises, cooperatives, cooperative unions (collectively referred to as enterprises), state agencies, political organizations, socio-political organizations, public service units may rent social housing from the project investors to accommodate their officials, civil servants, employees, workers, including foreign workers. Production enterprises in industrial zones may rent worker dormitories in industrial zones to accommodate their workers and employees, including foreign workers.

2. Enterprises, state agencies, political organizations, socio-political organizations, public service units renting social housing or worker dormitories in industrial zones shall not sublet these houses except when subletting is allowed according to the Law on Housing.

3. Enterprises and public service units renting social housing or worker dormitories in industrial zones from project investors to accommodate their officials, employees, workers may include rental costs in production and business expenses, regular public service expenditures, or other lawful expenses as stipulated by laws on enterprises, public service units, tax laws, and other relevant laws, but shall not use state budget funds to pay for house rentals.

State agencies, political organizations, socio-political organizations renting social housing to accommodate their officials, civil servants, and employees may arrange state budget funds to implement the rental of social housing for individuals receiving salaries from the state budget when the budget estimate has been approved by the competent authority according to the laws on state budget.

Article 11. Compensation, Support, Resettlement, Investment in Technical Infrastructure Systems, and Creation of Land Funds for Social Housing Development

1. The People's Committee of the province is responsible for using state budget funds from sources of public investment capital, regular expenditure funds, and other lawful sources as stipulated by laws on state budget, laws on public investment, and other relevant laws to implement compensation, support, resettlement, and synchronous investment in technical infrastructure systems outside the project scope to create land funds for social housing development.

Priority should be given to using part of the equivalent amount of the land fund invested in building technical infrastructure systems to construct social housing according to the laws on housing to implement compensation, support, resettlement, and creation of land funds for social housing development.

2. In cases where the investor acquires land use rights through agreement to transfer land use rights, the amount paid by the investor for the agreement to transfer land use rights shall be included in the project investment cost but shall not exceed the corresponding amount of land use fees and land lease fees determined by the land price list for the type of land, land use form, and land use period at the time of transferring land use rights.

3. In cases where the investor has land use rights, the investor may include in the project investment cost the corresponding amount of land use fees and land lease fees determined by the land price list for the type of land, land use form, and land use period before changing the land use purpose at the time of allowing the change of land use purpose to residential land.

Article 12. Transitional Provisions

1. In cases where projects for constructing social housing have issued tender documents or bidding documents to select investors but have not yet evaluated the bids of interested investors by the effective date of this Resolution, the People's Committee of the province shall decide to continue implementing the selection of investors according to the laws on bidding or assign the investor according to this Resolution.

2. In cases where projects for constructing housing for the people's armed forces have been approved for investment orientation but have not yet selected an investor by the effective date of this Resolution, the Ministry of National Defense and the Ministry of Public Security shall implement the assignment of investors according to this Resolution.

In cases where investors have submitted project proposal documents for constructing housing for the people's armed forces and the documents are being reviewed but have not yet been approved for investment orientation by the effective date of this Resolution, the People's Committee of the province shall continue to implement the approval process for investment orientation. After the project is approved for investment orientation, the Ministry of National Defense and the Ministry of Public Security shall implement the assignment of investors according to this Resolution.

3. For social housing investment projects, where the location of land for constructing social housing has organized the preparation or review of detailed planning tasks or detailed planning adjustment tasks but have not yet been approved by the competent authority, there is no need to review and approve the detailed planning tasks or detailed planning adjustment tasks. The investor shall organize the preparation, review, approval, and adjustment of detailed planning according to the provisions of Article 6 of this Resolution and in accordance with the laws on urban and rural planning.

4. In cases where commercial housing investment projects or urban areas have been approved to hand over the land fund for building social housing to the State but have not handed over by the date this Resolution takes effect, or have handed over but have not selected an investor to build social housing, the provincial People's Committee shall decide on one of the following cases:

a) Assigning the investor to be the investor of the commercial housing project or urban area that has handed over or is expected to hand over the land fund for building social housing, provided that the investor proposes and meets the conditions stipulated by the law on real estate business.

b) Assigning another organization to implement the construction of social housing or auctioning the right to use the land according to the law and allocating the equivalent value of the land auction proceeds into the National Housing Fund, in cases where the investor of the commercial housing project or urban area does not propose to directly invest in building social housing on this land.

5. In cases where commercial housing investment projects or urban areas have been approved for investment orientation, investment approval, or have equivalent legal documents, and have reserved or are required to reserve a land fund for building social housing before the effective date of this Resolution, the provincial People's Committee shall base on specific local conditions and the investor's proposal to consider and decide whether the selected investor can arrange an equivalent land fund for social housing at a different location outside the project scope or pay an amount equivalent to the value of the land already invested in infrastructure construction for social housing according to Law on Housing No. 27/2023/QH15, amended and supplemented by Law No. 43/2024/QH15 (hereinafter referred to as Law on Housing No. 27/2023/QH15), without having to go through the procedures for adjusting the investment orientation approval, except in the case stipulated in Clause 4 of this Article.

6. For social housing investment projects constructed on land allocated for social housing within commercial housing projects or urban areas that have been approved for investment orientation, investment approval, or have equivalent legal documents before the effective date of Law on Housing No. 27/2023/QH15, the determination of the selling price, purchase lease price, and rental price of social housing shall be carried out as follows:

a) In cases where the competent state agency has reviewed the selling price, purchase lease price, or rental price of one or several works of the project or individual project components before the effective date of Law on Housing No. 27/2023/QH15, or has not reviewed these prices but the investor requests to continue applying preferential policies and support according to the housing law at the time of investment orientation approval, investment approval, or equivalent legal documents, then the method of determining the selling price, purchase lease price, and rental price of social housing shall continue to be implemented according to the housing law at the time of investment orientation approval, investment approval, or equivalent legal documents before the effective date of Law on Housing No. 27/2023/QH15.

b) In cases where the competent state agency has not reviewed the selling price, purchase lease price, or rental price before the effective date of this Resolution, and the investor requests to enjoy preferential policies and support according to Law on Housing No. 27/2023/QH15, the provincial People's Committee shall consider and approve the investor to enjoy preferential policies according to Law on Housing No. 27/2023/QH15.

The investor must pay the land use fee for the area of commercial housing construction, the land area or floor area for service and commercial business that the investor transfers or contributes capital according to the law on land, and the method of determining the selling price and purchase lease price of social housing shall be carried out according to the provisions of Law on Housing No. 27/2023/QH15.

c) The investor may construct and approve the selling price and purchase lease price of social housing according to the provisions of Article 8 of this Resolution.

7. In cases where the investor has submitted for review the selling price and purchase lease price of social housing but has not received the review result from the competent state agency by the effective date of this Resolution, the investor may decide to continue the review according to the law before the effective date of this Resolution or apply the provisions of Article 8 of this Resolution, except in the case stipulated in Clause 6 of this Article.

8. In cases where housing projects are constructed on residential land to provide accommodation for workers in industrial zones that have been approved for investment orientation, investment approval, or have equivalent legal documents and have been completed and put into use before the effective date of Law on Housing No. 27/2023/QH15, or are still under implementation, the investor may sell, lease purchase, or lease this housing fund to individuals eligible for social housing support according to Law on Housing No. 27/2023/QH15 and this Resolution without having to go through the procedures for adjusting the investment orientation approval and other related procedures (if any) concerning the adjustment of the eligible buyers, lease purchasers, or tenants of social housing.

Article 13. Implementation Organization

1. The Government, Ministries, agencies at the central level equivalent to Ministries, and local authorities shall enhance their responsibility, particularly the responsibility of leaders, in directing and organizing the implementation of this Resolution, ensuring transparency, effectiveness, feasibility, and timely progress; preventing loopholes, corruption, negative practices, policy exploitation, loss, and waste.

2. The Government shall have the following responsibilities:

a) To provide detailed regulations for Article 4, Article 5, Clause 2 and Clause 3 of Article 7, and Article 8 of this Resolution; to establish preventive measures against loopholes, corruption, negative practices, policy exploitation, loss, and waste; to ensure the reduction of investment and construction procedures, shorten timeframes to promote the development of social housing, implement control, inspection, and quality certification measures for completed social housing projects, ensuring the quality of social housing; to stipulate measures for implementation within its authority;

b) To allocate and balance funds or guide localities in allocating funds for the development of social housing as prescribed in this Resolution; in cases exceeding its authority, it must report to the National Assembly for consideration and decision; during the period between two sessions of the National Assembly, it must report to the Standing Committee of the National Assembly for consideration and decision;

c) To direct the Government Inspectorate, relevant Ministries, and agencies within their assigned functions and tasks to organize the implementation, monitor, inspect, and audit the implementation of this Resolution; to conduct mid-term and final reviews of the implementation of this Resolution to report to the National Assembly.

3. The Ministry of National Defense, the Ministry of Public Security, People's Councils, and Provincial People's Committees shall be responsible for implementing this Resolution within their management scope. The Ministry of National Defense, the Ministry of Public Security, and Provincial People's Committees shall be responsible for organizing inspections and audits of the special mechanisms and policies for developing social housing as prescribed in this Resolution; to report annually to the Government before December 31 during the pilot implementation period; to conduct mid-term and final reviews to send to the Government for reporting to the National Assembly.

4. Enterprises, organizations, and individuals participating in the investment and development of social housing shall be responsible for implementing the provisions of this Resolution; they shall bear full responsibility for the tasks assigned, actively ensure compliance with deadlines, quality, and legal regulations; they shall not exploit policies, engage in corruption or negative practices, nor cause losses or waste.

5. The National Assembly, the Standing Committee of the National Assembly, the National Ethnic Council, the Committees of the National Assembly, Delegations of the National Assembly, National Assembly deputies, People's Councils, Committees of People's Councils, People's Council deputies, and the Vietnam Fatherland Front, within their respective duties and powers, shall supervise the implementation of this Resolution.

Article 14. Implementation clause

1. The effective date of this Resolution is as follows:

a) This Resolution shall take effect from June 1, 2025, except as provided in point b of this clause;

b) The provisions of Article 4, Article 5, Clause 2 and Clause 3 of Article 7, Article 8, and Clauses 1, 2, 6, and 7 of Article 12 of this Resolution shall take effect from July 1, 2025;

c) This Resolution shall be implemented for five years starting from June 1, 2025.

2. From the date this Resolution ceases to be effective, the National Housing Fund established under Article 4 of this Resolution shall continue to operate until new regulations are issued by competent authorities.

3. From the date this Resolution ceases to be effective, social housing investment projects currently implementing special mechanisms and policies according to the project timeline shall continue to be implemented until the completion of the project.

4. In cases where normative legal documents cited in this Resolution are amended, supplemented, or replaced, implementation shall follow the corresponding provisions in the amended, supplemented, or replacing documents, except as provided in Article 12 of this Resolution.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the 15th term, the 9th session on May 29, 2025.