Decree No. 30/2021/NĐ-CP amends and supplements some articles of Decree No. 99/2015/NĐ-CP dated October 20, 2015 of the Government detailing and guiding the implementation of certain provisions of the Law on Housing.

DECREE

AMENDMENTS AND SUPPLEMENTS TO SEVERAL ARTICLES OF THE DECREE NO. 99/2015/NĐ-CP OF OCTOBER 20, 2015 ISSUED BY THE GOVERNMENT PROVIDING DETAILED REGULATIONS AND GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE HOUSING LAW

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

Pursuant to the Construction Law on June 17, 2020;

Pursuant to the Investment Law dated June 17, 2020;

At the proposal of the Minister of Construction;

The Government issues this Decree amending and supplementing several articles of Decree No. 99/2015/NĐ-CP of October 20, 2015 issued by the Government providing detailed regulations and guidelines for implementation of certain provisions of the Housing Law.

Article 1. Amending and supplementing several articles of Decree No. 99/2015/NĐ-CP of October 20, 2015 issued by the Government providing detailed regulations and guidelines for implementation of certain provisions of the Housing Law

1. Supplement Clause 2a following Clause 2 of Article 4 as follows:

"2a. The adjustment of housing development programs and plans shall be carried out as follows:

a) Six months prior to the end of the period specified in the housing development program that has been approved by the People's Council at the provincial level, the People's Committee at the provincial level must organize the preparation of a new housing development program to submit to the People's Council at the same level for approval in accordance with the laws on housing; after the housing development program is approved, the People's Committee at the provincial level must approve the program and organize the preparation and approval of the local housing development plan in accordance with the laws on housing.

In case the content of the National Housing Development Strategy or the economic and social development planning of the locality needs to be adjusted due to changes or if it is necessary to adjust the content of the housing development program to suit the actual situation of the locality, the People's Committee at the provincial level will organize the preparation of the content for adjusting the program and submit it to the People's Council at the same level for approval;

b) The Department of Construction is responsible for organizing or coordinating with consulting units and the People's Committee at the district level to prepare the content for adjusting the housing development program and report to the People's Committee at the provincial level for consideration and comments before submitting to the People's Council at the same level for consideration and approval. For centrally-administered cities, the People's Committee of the city must seek opinions from the Ministry of Construction on the contents that need to be adjusted before submitting to the People's Council at the same level for approval;

c) The preparation of the adjusted housing development program must clearly reflect the following contents: reasons and necessity for adjusting the program, evaluation of results, existing problems and limitations of the content to be adjusted, solutions to implement the adjusted content, schedule, responsibilities of relevant agencies implementing the adjusted content, relationship and impact of the adjusted content on other parts of the program, resources for implementation, and other related contents (if any); localities are not allowed to issue resolutions to supplement the list of housing construction investment projects into the program; the adjustments shall be implemented in accordance with Points c, d, đ, e, g, h of Clause 2 of this Decree;

d) After the People's Council at the same level approves, the People's Committee at the provincial level shall issue a decision approving the adjustment of the housing development program;

đ) Based on the content of the adjusted housing development program that has been approved, the Department of Construction organizes the preparation or coordinates with consulting units to prepare the content for adjusting the housing development plan to submit to the People's Committee at the provincial level for approval;

e) The adjustment of the housing development plan as stipulated in Point đ of this Clause may be implemented immediately in the year following the approval of the adjustment of the program by the People's Committee at the provincial level or in the year following the plan year. If the adjustment of the housing development plan is made in the year following the plan year, the People's Committee at the provincial level must approve the adjustment plan before December 31 of the year preceding the planned adjustment year;

g) In case the adjustment of the plan content includes provisions on the use of state budget funds for housing development, the People's Committee at the provincial level must seek the opinion of the People's Council at the same level on the plan for using funds before approving."

2. Clause 3 of Article 4 is amended and supplemented as follows:

"3. After approving the housing development program and plan (including adjusted programs and plans), the People's Committee at the provincial level must publicly announce the program and plan on the provincial People's Committee's electronic portal and require the Department of Construction to publish it on the Department of Construction's electronic portal; simultaneously, send the program and plan to the Ministry of Construction for monitoring and management. The People's Committee at the provincial level is responsible for allocating funds from the local budget to prepare the housing development program and plan (including adjusted programs and plans) in accordance with this Decree.

In case the housing development program and plan (including adjusted programs and plans) are established and approved without complying with the requirements of the Housing Law and this Decree, the Ministry of Construction will issue a document requesting the People's Committee at the provincial level to re-establish and adjust the housing development program and plan in accordance with the laws on housing.

The Ministry of Construction will specify criteria to determine housing needs in the content of the housing development program and plan and provide specific guidance on the level of funding for preparing the local housing development program and plan (including adjusted programs and plans)."

3. Article 9 is amended and supplemented as follows:

"Article 9. Seeking the opinion of state agencies on housing for housing construction investment projects

1. Approval of investment proposals for housing construction investment projects shall be carried out in accordance with the laws on investment.

2. During the review process to approve investment proposals for housing construction investment projects, the Ministry of Planning and Investment shall seek the opinion of the Ministry of Construction on the contents stipulated in Clause 3 of this Article if the project is approved by the Prime Minister; the registration agency shall seek the opinion of the Department of Construction on the contents stipulated in Clause 3 of this Article if the project is approved by the People's Committee at the provincial level or the Management Board of industrial parks, export processing zones, high-tech zones, or economic zones."

3. The content for soliciting review opinions from state management agencies on housing includes:

a) The name of the project's investor (in cases where approval of the investment orientation and the investor is granted simultaneously, and the investor meets the conditions to be the project's investor under this Decree); the project name as prescribed by laws on housing;

b) Objectives, investment forms; location, land area allocated for constructing housing in the project;

c) The compatibility of the housing construction project with detailed planning (if there is an approved detailed plan) or zoning planning (if there is no approved detailed plan). In cases where the detailed plan or zoning plan has not been approved by the competent authority, assess the compatibility of the housing construction project with the overall plan;

d) The compatibility of proposals within the content of the housing construction project with housing development programs and plans that have been approved by the competent authority;

đ) The appropriateness of preliminary product structure (types of housing, housing segments, business forms for each type of housing); in cases of commercial housing projects or urban areas with housing, there must be a proposed land area for social housing construction;

e) The consistency of the preliminary phased investment plan, the division of the project into components (if applicable), and preliminary plans for constructing and managing related technical infrastructure and social infrastructure;

4. Point a Clause 1 Article 12 is amended and supplemented as follows:

“a) The name of the project must be named in Vietnamese; if the investor wishes to name the commercial housing construction project in a foreign language, the full Vietnamese name must be written first followed by the foreign name;"

5. Article 18 is amended and supplemented as follows:

"Article 18. Cases for selecting investors to be the investors of commercial housing construction projects and urban areas with housing

The selection of investors for commercial housing construction projects and urban areas with housing (including projects implementing land use rights transfer through plot subdivision for individuals to build houses) shall be carried out according to the following provisions:

1. An investor who wins a tender or auction for land use rights to implement a housing construction project and meets the conditions to be a project investor as stipulated in Article 21 of the Housing Law 2014, Clause 2 Article 119 of the Land Law 2013, and relevant laws on real estate business shall be recognized as the investor of the commercial housing construction project;

2. An investor who holds land use rights under one of the following circumstances and meets the conditions to be a project investor as stipulated in Article 21 of the Housing Law 2014, laws on real estate business, and related laws, shall be determined as the investor of the commercial housing construction project in the decision approving the investment orientation:

a) Legally holding residential land use rights;

b) Legally holding residential land use rights and other types of land that the competent state agency permits to change the purpose of use to residential land;

c) Receiving transferred residential land use rights according to the law on land to construct commercial housing.

3. In cases where multiple investors of commercial housing construction projects are approved for investment orientation according to investment laws, these investors may entrust one investor meeting the conditions specified in Clause 1 and Clause 2 of this Article or establish a company or cooperative meeting such conditions to handle procedures for recognizing them as the project investors according to Clause 4 of this Article. The entrusting of an investor to be the project investor as stipulated in this clause shall be carried out through a power of attorney contract, clearly defining the rights and responsibilities of the parties.

4. Procedures for recognizing the investor of a housing construction project as stipulated in Clause 3 of this Article shall be implemented as follows:

a) The application for recognition as an investor includes: the investor's request letter (indicating the investor's name, address, proposals, and planned project implementation progress); certified copies or copies presented along with original documents for comparison: the investment orientation approval document of the competent authority, Business Registration Certificate or Investment Registration Certificate, proof of land use rights for project implementation, power of attorney contract as stipulated in Clause 3 of this Article; financial capability proof for project implementation according to the law on land; proof of capital deposit or bank guarantee regarding the obligation to deposit capital for project implementation according to the law on investment;

b) In cases where the project falls under the Prime Minister's authority to approve investment orientation, the investor designated in Clause 3 of this Article shall directly send or mail one set of the application documents specified in point a of this clause to the Ministry of Construction for consideration and decision on recognizing the project investor; in cases where the project falls under the provincial People's Committee's or industrial park, export processing zone, high-tech park, economic zone management board's authority to approve investment orientation, the investor shall submit one set of these documents to the Construction Department at the local level where the project is located for consideration and submission to the provincial People's Committee for decision on recognizing the project investor;

c) Within twenty days from the date of receiving complete documents as stipulated in point a of this clause, the Ministry of Construction or the provincial People's Committee shall examine and issue a Decision recognizing the project investor according to their authority. If the investor does not meet the conditions to be recognized as the project investor, the agency receiving the documents shall notify the investor in writing within five days from the date of receipt of the documents, stating the reasons;

d) The content of the decision recognizing the project investor includes: legal basis for issuing the decision, name of the recognized investor, validity of the recognition document, and the investor's responsibilities in implementing the project according to the law.

5. The investor recognized as the project owner for constructing housing projects in accordance with Clause 4 of this Article shall be responsible for establishing, reviewing, approving, and implementing the project in compliance with this Decree, land laws, construction laws, and other relevant laws. The profit-sharing agreement among parties in the case stipulated in Clause 3 of this Article shall be carried out in accordance with Clause 2 of Article 19 of this Decree; in cases where the parties agree to share profits through housing products, the party receiving the housing product (who is not the project owner) may only enter into a purchase or lease-purchase contract with customers after obtaining the Certificate of Ownership for such housing.

6. The selection of investors to act as project owners for urban residential areas must comply with the provisions of this Article, construction laws, real estate business laws, urban development laws, and other relevant laws.

6. Article 36 is amended and supplemented as follows:

"Article 36. Handing over maintenance funds for common parts of multi-owner apartment buildings

"1. Purchasers, lessees of housing, and project owners must pay 2% of the maintenance fund for the common parts of multi-owner apartment buildings as prescribed in Article 108 of the Housing Law 2014; this amount of fund is calculated before tax (the State does not levy tax on this amount of fund). Before signing a purchase or lease-purchase contract for housing or other areas within the apartment building, the project owner has the responsibility to open a settlement account at a credit institution or foreign bank branch (hereinafter referred to as a credit institution) operating in the area where the housing is sold or leased; when opening the account, the project owner must clearly state that the account name is the deposit of the maintenance fund for the apartment building. Prior to handing over the maintenance fund to the Management Board of the apartment building as prescribed, the project owner is responsible for coordinating with the credit institution to transfer money from this settlement account to a term deposit.

For each investment project constructing housing including apartment buildings, the project owner must establish an account in accordance with this clause to manage the maintenance fund for the apartment building of the project; after opening the account, the project owner must issue a written notice to the Construction Department in charge of the project regarding the account name, account number opened, the name of the credit institution where the account was opened, and the term of deposit.

2. When signing a purchase or lease-purchase contract for housing or other areas, the parties must clearly record in the contract information about the account opened in accordance with Clause 1 of this Article (account number, account name, name of the credit institution where the account was opened, and term of deposit). The purchaser, lessee must pay the maintenance fund according to regulations into the account recorded in the contract and send a copy of the confirmation document showing payment of the maintenance fund to the project owner; if the purchaser, lessee does not pay the maintenance fund into this account, they will not be handed over the apartment unit or other area, and if the project owner still hands it over, the project owner must pay this maintenance fund.

3. For apartment units or other areas retained by the project owner without selling or leasing up to the time of handing over the apartment building for use, which are required to pay the 2% maintenance fund according to the Housing Law 2014, the project owner must transfer this amount of fund into the account established in accordance with Clause 1 of this Article. In cases where the project owner fails to pay the maintenance fund or hand it over as prescribed, the project owner will be subject to administrative penalties, forced handover as prescribed in Article 37 of this Decree; additionally, depending on the circumstances, the project owner may also be held criminally liable under the law.

4. The project owner may not request the credit institution to withdraw funds deposited by the parties into the account established in accordance with Clause 1 of this Article for use in any other purpose before handing it over to the Management Board of the apartment building. In cases where maintenance work for common parts or equipment of the apartment building whose warranty period has expired occurs during the period before handing over the maintenance fund to the Management Board of the apartment building, the project owner is responsible for performing such maintenance work but must follow the maintenance plan and procedures prescribed by construction laws. Upon handing over the maintenance fund to the Management Board of the apartment building, the project owner can be refunded the amounts already spent on this maintenance but must submit a detailed report along with the maintenance plan and procedures established and must provide invoices and supporting documents proving the expenditure of the maintenance fund.

5. When the Management Board of the apartment building issues a written request for the handover of the maintenance fund, the project owner and the Management Board of the apartment building shall jointly prepare a reconciliation statement of the maintenance fund figures; based on the reconciled figures agreed upon by both sides, the project owner shall issue a request letter attached with the reconciliation statement of the maintenance fund figures to the credit institution managing the maintenance fund account requesting the transfer of this fund to the account established by the Management Board of the apartment building through a transfer method and refunding the maintenance fund previously expended by the project owner (if applicable). Based on the request letter and the reconciled figures provided by both sides, the credit institution managing the maintenance fund account is responsible for transferring the maintenance fund to the account established by the Management Board of the apartment building; simultaneously, it will refund the maintenance fund to the project owner (if applicable).

6. The Management Board of the apartment building is responsible for opening an account to receive the maintenance fund for the common parts handed over by the project owner in accordance with the Management and Usage Regulations of Apartment Buildings issued by the Ministry of Construction. Any costs arising from the transfer of the maintenance fund to the Management Board of the apartment building shall be deducted from the maintenance fund for the common parts of the apartment building.

7. After fully transferring the maintenance fund to the Building Management Board, the developer shall be responsible for closing the account established in accordance with the provisions of the law and must issue a written notice to the Construction Department where the apartment building is located for monitoring.

7. Article 37 is amended and supplemented as follows:

“Article 37. Procedures for forced transfer of maintenance funds for common parts of apartment buildings

1. The procedures for forced transfer of maintenance funds in cases where the developer does not transfer the collected funds as stipulated in Clause 1, Article 36 of this Decree shall be carried out as follows:

a) In cases where the developer does not transfer the maintenance funds as stipulated in Article 36 of this Decree, the Building Management Board shall issue a written request to the People's Committee of the province where the apartment building is located to require the developer to transfer the maintenance funds according to regulations;

b) Within ten days from the date of receipt of the written request from the Building Management Board, the People's Committee of the province shall issue a written request to the credit institution where the developer has opened a deposit account to provide information on the account number and amount in the account. Within seven days from the date of receipt of the written request from the People's Committee of the province, the credit institution shall be responsible for providing the information to the People's Committee of the province;

c) Based on the information provided by the credit institution, the People's Committee of the province shall issue a Decision on forced recovery of maintenance funds to be transferred to the Building Management Board. This forced recovery decision shall be sent to the Construction Department, the developer, the Building Management Board, and the credit institution where the developer has opened an account to implement the transfer of maintenance funds;

d) Within five days from the date of receipt of the forced recovery decision of the People's Committee of the province, the credit institution managing the maintenance fund deposit account shall be responsible for transferring the funds to the account established by the Building Management Board for management and use in accordance with the law on housing;

đ) After transferring the maintenance funds to the Building Management Board's account, the credit institution must issue a written notice to the People's Committee of the province, the Construction Department, the developer, and the Building Management Board;

2. The procedures for forced transfer of maintenance funds from the developer's business account in cases where the developer no longer has money or still has money but not enough to transfer as stipulated in Clause 1 of this Article shall be carried out as follows:

a) In cases where there is insufficient or no maintenance fund in the deposit account to transfer, the People's Committee of the province shall issue a written request to the credit institution to provide information on the developer's business account and the amount in that account. Within seven days from the date of receipt of the written request from the People's Committee of the province, the credit institution shall be responsible for providing relevant information to the People's Committee of the province;

b) Based on the information provided by the credit institution, the People's Committee of the province shall issue a Decision on forced recovery of maintenance funds from the developer's business account to transfer to the Building Management Board. This forced recovery decision shall be sent to the Construction Department, the developer, the Building Management Board, and the credit institution where the developer has opened an account to implement;

c) Within five days from the date of receipt of the forced recovery decision, the credit institution shall be responsible for transferring the money from the developer's business account to the Building Management Board's account in accordance with the amount specified in the forced recovery decision. After completing the transfer, the credit institution must issue a written notice to the People's Committee of the province, the Construction Department, the developer, and the Building Management Board;

3. The procedures for forced attachment of the developer's assets in cases where there is no fund available for transfer as stipulated in Clause 2 of this Article shall be carried out as follows:

a) In cases where the developer has a business account but no longer has money or not enough money to offset as stipulated in Clause 2 of this Article, the People's Committee of the province shall direct the Construction Department to take the lead, in coordination with the police and related agencies, to inspect and determine the specific area of houses and land of the developer at the project where the apartment building is located or at another project to carry out the attachment and organize auction sales to recover the maintenance funds. In cases where the developer does not have an area of houses and land or has an area of houses and land for attachment but not sufficient value to sell and recover the maintenance funds, it shall be determined to identify other assets of the developer to sell through auction sales to recover the full maintenance funds to be transferred to the Building Management Board.

The People's Committee of the province shall only carry out the attachment of the area of houses and land or other assets equivalent in value to the maintenance funds to be recovered for transfer to the Building Management Board and the costs for organizing the enforcement and auction sale of these assets;

b) On the basis of the area of houses and land or other assets of the developer determined in accordance with point a of this clause, within ten days, the Construction Department must issue a written report to the People's Committee of the province to issue a Decision on forced attachment of the developer's assets for auction sale to recover the maintenance funds for the apartment building. In the Decision on forced attachment of assets, it must clearly state the basis for issuing the Decision, the name and headquarters of the developer whose assets are to be attached, the amount of maintenance funds to be recovered, the type and quantity of assets to be attached, and the location of the attachment;

c) The procedures for carrying out the attachment of assets, valuation of attached assets, and auction sale of attached assets to recover maintenance funds shall be implemented in accordance with the provisions of the law on enforcement of administrative penalty decisions, the law on attachment and auction sale of assets, and other related laws.

d) The handover of maintenance funds after the auction of assets must be recorded in a protocol signed by all relevant parties. In cases where the proceeds from the auction of assets exceed the amount of maintenance funds to be handed over and the costs for enforcing the compulsory sale of the assets, within thirty days from the date of the asset auction, the Department of Construction shall be responsible for coordinating with the organization conducting the asset auction to process the return of the excess value to the project investor whose assets were seized for auction.

4. During the enforcement of the compulsory handover of maintenance funds to the Management Board of the apartment building, if violations of criminal law by the project investor are discovered, the People's Committee at the provincial level shall request the competent authority to investigate and handle according to the provisions of the law.

8. Supplement Point d of Clause 2 of Article 57 as follows:

“d) In cases where the person actually using the state-managed housing does not have any of the documents specified in Points a, b, c, or d of this clause but has one of the documents proving the use of housing issued before January 19, 2007 (including permanent residence registration or temporary residence registration; declaration of housing registration or annual land use fee receipt) and the housing is not in dispute or litigation, and there is confirmation from the housing management agency in the application for renting housing that the user does not illegally occupy the housing, then they may enter into a housing rental contract with the managing entity according to the provisions of Article 60 of this Decree.”

9. Point b of Clause 1 of Article 60 is supplemented as follows:

“b) One of the documents proving the use of housing as specified in Points b, c, d, and d of Clause 2 of Article 57 of this Decree.”

10. Point a of Clause 1 of Article 62 is amended and supplemented as follows:

“a) Housing located within areas planned for construction of public service housing or construction projects belonging to national key projects as prescribed by law;”

11. Point b of Clause 2 of Article 63 is amended and supplemented as follows:

“b) Has paid rent for housing according to the lease agreement and fully paid management and operation fees (if applicable) up to the time of signing the house purchase contract.

In cases where the housing was used before the signing of the lease agreement or there is a lease agreement but the State has not collected rent, the tenant must pay back rent based on the actual period of use as follows: for the period of use before January 19, 2007, rent will be collected according to Decision No. 118/TTg dated November 27, 1992 of the Prime Minister on housing rent prices and inclusion of rent in salaries; for the period of use after January 19, 2007, rent will be collected according to Decision No. 17/2008/QĐ-TTg dated January 28, 2008 of the Prime Minister on standard rental prices for state-owned housing that has not been renovated or rebuilt;”

12. Supplement Point d of Clause 3 of Article 63 as follows:

“d) In cases where old housing transferred by units with housing funds to the housing management agency for management and reception, but at the time of reception, the housing has been demolished and rebuilt, the housing management agency still receives it and bases its actions on specific circumstances to sell it to the current tenants according to the selling price stipulated in Article 65 or Article 70 of this Decree without having to establish a lease contract.”

13. Supplement the following content at the end of Clause 1 of Article 65:

“For Class I, II, and III housing that tenants have demolished and rebuilt before this Decree takes effect, the remaining value of such housing shall be determined based on the current status of the housing at the time of allocation recorded in the decision, distribution document, arrangement document, or lease contract, or according to the time of use determined by the documents specified in Point d of Clause 2 of Article 57 of this Decree.”

14. Supplement Point e and Point g of Clause 2 of Article 65 as follows:

“e) In cases where the unit has been allocated land for self-construction of housing and the construction cost of such housing is not funded by the state budget, it shall be handled according to the provisions of the law on land;

g) In cases where the state has liquidated or valued housing according to previous policies on liquidation and valuation of housing but has only collected housing fees and not land use fees, land use fees shall be collected according to the provisions of Article 65 of this Decree.”

15. Clause 3 of Article 65 is amended and supplemented as follows:

“3. For single-story houses shared by multiple households or multi-story houses shared by multiple households with common living space, the sale of the common area shall only be carried out to the households currently using it if all households agree in writing and clearly define the allocation of the area to each household; the calculation of housing fees and land use fees for the common area in this case shall be implemented according to the provisions of Clauses 1 and 2 of this Article.

If the households do not agree on the allocation of the common area, the housing management agency shall not sell this part and shall manage it according to the provisions of this Decree and the law on housing.”

16. Supplement Point g of Clause 2 of Article 69 with the following content:

“g) In cases where the buyer does not sign the house purchase contract within the notified deadline, the housing management agency shall issue a second notification for the buyer to know, specifying that the buyer must complete the signing of the house purchase contract within thirty days from the date of receiving the second notification. Within ten days from the expiration date of the second notification, if the buyer does not sign the house purchase contract, the housing management agency shall submit a proposal to the provincial People's Committee to issue a decision to revoke the house sale decision and continue to manage the leasing of the house according to the provisions of this Decree.”

17. Supplement the following content at the end of Point c of Clause 1 of Article 70:

“For housing that has been demolished and rebuilt, the remaining value of such housing shall be determined according to the provisions of Clause 1 of Article 65 of this Decree.”

18. Supplement the following content at the end of Point b of Clause 2 of Article 71:

"For the portion of land area adjacent to the old residential premises within the scope of state-owned property that has high profitability at street or road locations determined by the provincial People's Committee, the adjustment factor k for land price as stipulated in point d, Clause 2, Article 65 of this Decree shall be applied to calculate the payment for land use when transferring land use rights to the buyer."

19. Clause 4, Article 71 is amended and supplemented as follows:

"4. For the portion of house area under common use where the owner does not purchase or does not meet the conditions for sale, the housing management agency shall take the lead and coordinate with the district People's Committee to manage it according to the provisions of this Decree, the Law on Housing, and the Law on Land."

20. Clause 5, Article 71 is amended and supplemented as follows:

"5. The provincial People's Committee shall handle cases stipulated in Clauses 1, 2, and 3 of this Article according to the procedures and formalities prescribed in Article 71a of this Decree; they are responsible for allocating funds to survey, prepare files, and manage the portion of house area under common ownership as stipulated in Clause 4 of this Article."

21. Add Article 71a after Article 71 as follows:

"Article 71a. Files, Procedures, and Formalities for Resolving Cases of Selling Commonly Used House and Land Areas or Transferring Adjacent Land Use Rights or Transferring Land Use Rights for Houses Built on Vacant Land Within Old Residential Premises Under State Ownership

1. The application file shall include the following documents:

a) An application form according to the model attached to this Decree;

b) Identity card or Citizen Identification Card or passport still valid or Police Officer Identity Card or Military Identity Card issued by the Ministry of Defense of the applicant purchasing the residence; if it is a married couple, then a household registration book or Marriage Certificate must also be provided;

c) One of the following documents:

In the case stipulated in Clause 1 of Article 71 of this Decree, there must be a Certificate of Ownership for the purchased house and land area. If there is no Certificate of Ownership, then a sales contract for the purchased house area signed with the competent authority must be provided.

In the case stipulated in Clause 2 of Article 71 of this Decree, there must be a Certificate of Ownership for the purchased residence. If there is no Certificate of Ownership, then proof of liquidation, valuation, or a sales contract for the residence must be provided. In the case of renting a residence and having the need to purchase a residence and resolve adjacent land areas, a lease contract for the residence must be provided.

In the case stipulated in Clause 3 of Article 71 of this Decree, the application form must have a confirmation from the commune People's Committee regarding the non-dispute and suitability of the residence and land use with the construction planning.

d) The applicant must submit a copy and present the original of the documents specified in this clause for the receiving agency to check (if submitting directly) or submit a certified copy (if submitting through postal service).

2. The procedures for handling are carried out as follows:

a) The applicant submits directly or sends via postal service one set of the application file specified in Clause 1 of this Article to the unit currently managing and operating the residence or to the Department of Construction (as decided by the provincial People's Committee);

b) The agency receiving the file is responsible for accepting, checking the file, and issuing a receipt or notifying the applicant in writing about the date of result receipt. If the file lacks the required documents as stipulated in Clause 1 of this Article, the receiving agency will guide immediately (if received directly) or within three days from the date of receipt (if received through postal service), they must issue a written request for the applicant to supplement the file according to regulations.

If the receiving agency is the unit managing and operating the residence, within five days from the date of receiving the valid file, the unit managing and operating the residence is responsible for checking and must compile a list attached to the file to report to the Department of Construction;

c) Within thirty days from the date of receiving the report file from the unit managing and operating the residence, the Department of Construction organizes a meeting of the Price Determination Council to calculate the price of the residence and land use fee according to regulations and reports to the provincial People's Committee for consideration and decision;

d) Within ten days from the date of receiving the report from the Department of Construction, the provincial People's Committee considers and issues a Decision selling the portion of house and land area under common use or transferring adjacent land use rights or transferring land use rights for the case of building residences on vacant land within old residential premises to the applicant. This Decision is sent to the Department of Construction and the unit managing and operating the residence to notify the applicant to proceed with subsequent procedures. If the applicant does not follow the notification stipulated herein, it will be resolved according to the provisions of point g, Clause 2, Article 69 of this Decree;

e) After the applicant pays the financial obligations as prescribed, the housing management agency transfers the file to the competent authority to issue a Certificate of Ownership to the applicant or adjust the Certificate of Ownership already issued according to the laws on land."

23. Point a, point b, Clause 1, Article 76 is amended and supplemented as follows:

"a) List of projects for constructing houses in the area where foreign organizations and individuals are permitted to own houses;

b) Number of houses (including apartments and individual houses) that foreign organizations and individuals are allowed to own in each project for constructing houses as stipulated in point a of this clause; number of apartments in each apartment building and number of individual houses in each project that foreign organizations and individuals are allowed to own;"

24. Add Clause 2a after Clause 2, Article 77 as follows:

b) The number of housing units (including both apartments and individual houses) that foreign organizations and individuals are entitled to own at each residential development project under the provision of point a of this Clause; the number of apartment units in each apartment building and the number of individual houses in each project that foreign organizations and individuals are entitled to own;"

24. Supplement Clause 2a following Clause 2 of Article 77 as follows:

"2a. Individuals and organizations from foreign countries when requesting to extend the term of ownership of housing may choose to submit a copy and present the original for verification or submit a notarized or certified copy in accordance with the documents specified in Clause 1 and Clause 2 of this Article."

Article 2. Amending and Repealing Certain Provisions Related to Housing Construction Investment Procedures and Real Estate Business Operations

1. Repeal Article 10, Article 11, Clause 4 of Article 13, the provisions related to construction-transfer (BT) investment form in Article 14, Clause 2 of Article 26, Point c of Clause 2, Point c and Point đ of Clause 4 of Article 27, Clause 3 of Article 29 of Decree No. 99/2015/NĐ-CP dated October 20, 2015 of the Government detailing and guiding the implementation of certain articles of the Law on Housing 2014.

2. For cases of transferring the entire or part of a real estate business project as stipulated in Clause 2 of Article 12 and Clause 1 of Article 13 of Decree No. 76/2015/NĐ-CP dated September 10, 2015 of the Government regarding detailed regulations implementing certain articles of the Law on Real Estate Business, when submitting the application dossier for transfer, the investor may choose to submit a copy and present the original for verification or submit a notarized or certified copy when submitting the dossier to carry out these procedures.

3. Replace the phrase "submit two sets of dossiers" with the phrase "submit one set of dossiers" in Clause 1 of Article 54, Point a of Clause 2, Point a and Point b of Clause 3 of Article 60 of Decree No. 99/2015/NĐ-CP dated October 20, 2015 of the Government detailing and guiding the implementation of the Law on Housing 2014.

Article 3. Transitional Provisions

1. For housing development programs and plans that have been approved (including adjusted housing development programs and plans) before the effective date of this Decree, the People's Committee of the province shall be responsible for sending these programs and plans to the Ministry of Construction for monitoring and management in accordance with the regulations.

2. For housing construction projects implemented under the construction-transfer (BT) form, the transitional handling shall be carried out in accordance with the laws on public-private partnership investment.

3. In cases where the competent authority has issued a document selecting the investor to construct a housing project before the effective date of this Decree, there is no need to select again according to this Decree and the investment law; in cases where the competent authority has accepted the dossier for selecting the investor of the housing construction project before the effective date of this Decree but has not yet issued a document selecting the investor, the selection of the investor shall be carried out in accordance with this Decree and the investment law.

4. In cases where, on the effective date of this Decree, the investor of the housing construction project has not yet collected all maintenance fees for the common property of apartment buildings as prescribed, the investor shall be responsible for establishing a separate account in accordance with this Decree to transfer the collected amount and notify the buyers, lease-purchase buyers to pay the maintenance fee into this account; the investor shall be responsible for paying the maintenance fees due into this account and hand over the entire amount to the Management Board of the apartment building in accordance with the regulations.

5. In cases where the dossier for resolving the area of land adjacent to state-owned housing located on streets and roads has been submitted but, on the effective date of this Decree, the competent authority has not yet issued a decision determining the price of the adjacent land area, the coefficient k shall be applied to calculate the land use fee in accordance with this Decree; in cases where the competent authority has issued a decision determining the price before the effective date of this Decree, it shall be implemented according to the issued decision.

6. In cases falling within the scope prescribed in Clause 21 of Article 1 of this Decree, if the dossier has been submitted but, on the effective date of this Decree, the competent authority has not yet issued a resolution to resolve the matter, it shall be resolved in accordance with this Decree; in cases where the competent authority has issued a resolution to resolve the matter before the effective date of this Decree, it shall be implemented according to the issued resolution.

Article 4. Implementation provisions

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

2. In cases where Vietnamese citizens have been assigned a personal identification number and the national population database, the investment registration database, and the enterprise registration database are connected and operational, the personal identification number can be used instead of the relevant identity-related documents (copies of Identity Card, Citizen Identification Card, Passport, and other personal certification documents) when carrying out procedures related to the housing sector and real estate business operations in accordance with the laws on housing and real estate business.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial people's committees, and chairmen of municipal people's committees directly under the central government are responsible for enforcing this Decree.