Decree No. 49/2021/ND-CP amends and supplements certain articles of Decree No. 100/2015/NĐ-CP dated October 20, 2015 of the Government on the development and management of social housing.

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 49/2021/NĐ-CP	Hanoi, April 1, 2021

DECREE

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE GOVERNMENT DECREE NO. 100/2015/NĐ-CP OF OCTOBER 20, 2015 ON DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSING

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 Law on Bidding dated November 26, 2013;

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

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

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

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the Investment Law dated June 17, 2020;

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

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

At the proposal of the Minister of Construction;

The Government promulgates this Decree to amend and supplement certain provisions of the Government Decree No. 100/2015/NĐ-CP of October 20, 2015 on development and management of social housing.

Article 1. Amending and supplementing certain provisions of the Governmental Decree No.

100/2015/NĐ-CP of October 20, 2015 of the Government on development and management of social housing

1. Supplement Clause 4, 5, and 6 following Clause 3 of Article 1 as follows:

"4. Approval of the investment orientation for projects to construct social housing shall be carried out in accordance with the laws on investment.

5. During the process of examination to approve the investment orientation for projects to construct social housing, the leading agency for examination shall seek opinions from the competent state management agency on housing regarding the contents stipulated in Clause 6 of this Article.

6. Contents for examination to approve the investment orientation for projects to construct social housing include:

a) Examination contents of the competent state management agency on housing prescribed in the Decree detailing and guiding the implementation of certain provisions of the Law on Housing;

b) Selection of land for constructing social housing (in cases where using public investment capital or State capital outside public investment);

c) Evaluation of meeting the conditions and criteria to become the investor of social housing projects according to this Decree;

d) Types of houses and standards of area for social housing;

đ) Mechanisms and policies to support investors of social housing projects (compensation costs, land clearance costs; funding for construction of technical infrastructure systems and other supporting policies)."

2. Amend and supplement Clause 2; supplement Clauses 4 and 5 following Clause 3 of Article 3 as follows:

a) Amend and supplement Clause 2 as follows:

"2. Social housing in industrial zones is social housing constructed in accordance with the laws on housing and laws on social housing to meet the needs of households and individuals working in industrial zones."

b) Supplement Clauses 4 and 5 following Clause 3 as follows:

"4. Projects to construct social housing include independent social housing projects and social housing projects utilizing 20% of the total residential land area within the scope of commercial housing projects if the investor of such commercial housing projects does not implement social housing construction.

5. Low-income earners are those working at agencies, units, enterprises under various economic sectors or self-employed workers in urban areas, whose income level does not require regular payment of personal income tax as prescribed by the laws on housing and laws on personal income tax."

3. Amend and supplement Clause 1 and 3; supplement Clause 1a following Clause 1 of Article 4 as follows:

a) Amend and supplement Clause 1 as follows:

"1. In the process of planning, examining, and approving urban planning; rural construction planning; industrial zone development planning; construction planning of higher education institutions, vocational training schools (excluding scientific research institutes, public boarding secondary schools), provincial People's Committees shall base on the demand for social housing in their localities and approved housing development programs and plans to allocate sufficient land for social housing development; direct relevant agencies to specifically determine the location, site, and scale of land area for each social housing project that is integrated with technical and social infrastructure systems for social housing development."

b) Supplement Clause 1a following Clause 1 as follows:

"1a) In cities of type IV and V, provincial People's Committees shall base on specific conditions of the locality regarding the demand for social housing in areas with approved commercial housing projects or urban development projects to require investors to reserve a portion of the land area in projects that have been developed with technical infrastructure systems for social housing construction."

c) Amending and supplementing Clause 3 as follows:

"3. The use of land for social housing development must comply with urban planning, land use planning, rural construction planning already approved by competent authorities and follow the Construction Permit issued by competent state authorities in accordance with the laws on construction when required."

4. Amending and supplementing Article 5 as follows:

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

1. For commercial housing and urban development projects with land use scale of 2 hectares or more in special-class and class-I cities or 5 hectares or more in class-II and class-III cities, 20% of the total residential land area in detailed planning schemes approved by competent authorities and already developed with technical infrastructure systems must be reserved for social housing construction.

2. For commercial housing and urban development projects with land use scale less than 2 hectares in special-class and class-I cities or less than 5 hectares in class-II and class-III cities, investors are not required to reserve the 20% land fund and must pay land use fees for the entire project area in accordance with the laws on land.

3. In cases where the 20% land fund allocation for social housing construction is required but due to changes in overall planning, district planning, or detailed planning of the locality, the 20% land fund allocation is no longer suitable, the provincial People's Committee must report to the Prime Minister for consideration and approval. If approved by the Prime Minister, the provincial People's Committee shall be responsible for:

a) Clearly determining the location and area of substitute land at another location within the administrative boundary;

b) Adjusting the planning for the 20% land fund allocated for social housing construction in the project in accordance with the laws on planning, laws on land, and related laws (if applicable);

c) Implement the transfer of land, lease of land, and determination of the value of land use fees payable for the 20% land fund at the project in accordance with the relevant laws on land and related laws; the revenue obtained must be supplemented into the local budget to invest in building social housing within the territorial scope.

4. For projects investing in construction of commercial housing and urban areas that have selected investors before this Decree takes effect, but have not allocated the 20% land fund for building social housing, if after this Decree takes effect, such projects are revoked according to the law to be assigned to other investors, then the investor of such projects shall be responsible for organizing and adjusting the planning to allocate the additional 20% land fund for building social housing in accordance with Clause 1 of this Article.

5. In cases where the State uses the 20% land fund to build social housing with public investment capital or state capital outside public investment, the investor of the project investing in construction of commercial housing and urban areas shall be responsible for synchronously investing in infrastructure technical systems according to the approved planning before transferring this land fund to the State.

When the investor transfers the 20% land fund for building social housing to the State, the compensation and clearance costs for the land fund of 20% according to the approved plan (if any) will be deducted from the financial obligations (land use fees, land rental fees) that the investor must pay for the project of constructing commercial housing and urban areas.

As for the construction investment costs of technical infrastructure and other reasonable costs stipulated by law that the investor has implemented for the 20% land fund to be transferred, these costs will be refunded by the state budget according to the regulations on the state budget.

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 investing in construction of social housing allocated central government budget funds of 50% or more of the total investment amount of the project, the People's Committee of the province where the project is located shall be responsible for hosting and coordinating with the Ministry of Construction to examine and decide on the selection of land funds to implement the project;

b) For projects investing in construction of social housing allocated central government budget funds less than 50% of the total investment amount of the project, the People's Committee of the province where the project is located shall examine and decide on the selection of land funds to implement the project."

5. Amend and supplement Article 6 as follows:

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

1. When establishing and approving the construction planning of industrial zones, the authority approving the planning must clearly determine the appropriate area of land on the territory to construct social housing and union facilities to ensure a synchronized technical infrastructure and social infrastructure system to serve workers and employees working in the industrial zone.

2. In cases where the industrial zone is still in the formation stage, the People's Committee of the province shall be responsible for directing and organizing land clearance and investment in technical infrastructure for the social housing area for workers and employees working in the industrial zone according to the approved planning and transferring it to the investor of the social housing construction project selected in accordance with Article 8 of this Decree to implement the project. Compensation and land clearance costs, as well as investment costs for technical infrastructure of the social housing area, can be partially or fully allocated to the cost of industrial zone infrastructure development.

3. In cases where the industrial zone has been established but does not have sufficient housing for workers and employees working in the industrial zone, the planning and allocation of land funds for developing social housing in the industrial zone shall be carried out as follows:

a) The People's Committee of the province shall be responsible for organizing the establishment, examination, and approval of the planning (or adjustment of the planning) to supplement suitable land funds for developing social housing; implementing compensation, land clearance, and land recovery to assign to the investor of the social housing construction project selected in accordance with Article 8 of this Decree to implement the project. Compensation costs for land clearance shall be extracted from the land use fee and land rental fee revenues retained by the locality;

b) For industrial zones that have not fully utilized their industrial land area, the competent state agency may adjust the construction planning of the industrial zone to reserve part of the land area for developing social housing and union facilities for workers and employees working in the industrial zone in accordance with Clause 9 of Article 77 of the Investment Law No. 61/2020/QH14 dated June 17, 2020."

6. Repeal Clause 2; amend and supplement Point a and b of Clause 1 of Article 7 as follows:

“a) In cases where social housing is apartment buildings, the apartments must be designed and constructed in a closed manner, meeting construction standards and norms, with a minimum usable area of each apartment being 25 m², and a maximum of 70 m², ensuring compatibility with the construction planning approved by the competent state agency.

Projects investing in construction of social housing may increase the construction density or land use coefficient up to 1.5 times higher than the current construction standards and norms issued by the competent authority. The increase in construction density or land use coefficient must ensure consistency with population indicators, technical infrastructure, social infrastructure, space, and landscape architecture within the scope of the approved detailed planning and must be approved by the competent authority that approved the planning.

Based on specific conditions in the locality, the People's Committee of the province may adjust the maximum usable area standard of each apartment, but the increase shall not exceed 10% of the maximum usable area of 70 m² and must ensure that the proportion of apartments in the social housing construction project with a usable area exceeding 70 m² does not exceed 10% of the total number of social housing apartments in the project.

b) In cases where social housing is low-rise attached houses, the construction land standard for each house shall not exceed 70 m²The land usage coefficient shall not exceed 2.0 times and must ensure compliance with the construction planning approved by the competent state agency;

7. Repeal Clause 4; amend and supplement Clauses 1, 2, and 3 of Article 8 as follows:

“1. For social housing investment projects funded by public investment capital or state capital outside public investment, the selection of the project investor shall be carried out in accordance with the laws on public investment and construction;

2. For social housing investment projects that are not funded by public investment capital or state capital outside public investment, the selection of the project investor shall be conducted as follows:

a) In cases stipulated in Point a, Clause 2, Article 57 of the Law on Housing, the provisions of the law on bidding shall apply;

b) In cases stipulated in Point c, Clause 2, Article 57 of the Law on Housing, the provisions of the law on investment shall apply. The investor registering to become the project investor for social housing must meet the conditions for engaging in real estate business as prescribed by the law on real estate business and must be determined as the project investor in the approval document for the investment proposal;

c) In cases stipulated in Point d, Clause 2, Article 57 of the Law on Housing, the provisions of the law on housing shall apply. The investor registering to become the project investor for social housing must meet the financial capacity requirements to implement the project as prescribed by the law on land and related laws;

3. The Ministry of Construction shall provide guidance on the conditions and criteria for selecting the project investor for social housing investment projects.”

8. Repeal Clause 5; amend and supplement Clause 1 and Clause 4 of Article 9 as follows:

a) Amend and supplement Clause 1 as follows:

“1. Investors of social housing investment projects that do not use public investment capital or state capital outside public investment are exempt from land use fees and land lease fees according to Point a, Clause 1, Article 58 of the Law on Housing, specifically as follows:

a) Exempt from land use fees and land lease fees for the area of land already allocated or leased by the State, including the land fund for constructing commercial facilities approved by the competent authority within the scope of the social housing construction project;

The provincial People's Committee shall consider and decide on the refund or deduction from the financial obligations of the project investor to the State, including compensation costs and land clearance expenses (if any), for cases where the investor has paid the land use fee when being allocated land by the State or has received the transfer of land use rights from organizations, households, or individuals and such land is used for social housing construction or the investor has paid the land use fee for the 20% land fund;

b) Allocate 20% of the total residential land area that has been invested in infrastructure within the scope of the social housing construction project (including projects using the 20% land fund) to construct commercial housing to offset investment costs, contribute to reducing the sale price, rental price, and purchase price of social housing, and reduce management and operation service fees after investment;

b) Amend and supplement Clause 4 as follows:

“4. Investors of projects supported by the provincial People's Committee to fully or partially cover the cost of building infrastructure within the scope of the social housing construction project according to Point d, Clause 1, Article 58 of the Law on Housing;

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

If the investor completes the construction of infrastructure within the social housing construction project within 12 months from the date of land allocation or leasing, the provincial People's Committee will support the connection of the project's infrastructure system with the common infrastructure system of the area.”

9. Amend and supplement Clause 2 of Article 12 as follows:

“2. The purchase of commercial housing to convert into social housing shall be regulated as follows:

a) In cases where public investment funds are used to purchase commercial housing for social housing, the provisions of the law on public investment shall apply;

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

10. Repeal Clauses 7 and 8; amend the name of the article; amend the title of Clause 2; amend and supplement Points d and đ of Clause 2; amend and supplement Points đ and e of Clause 3; amend and supplement Clauses 4, 5, and 6 of Article 16 as follows:

a) Amend the name of the article as follows:

“Article 16. Preferential loans for purchasing, renting, or buying social housing; constructing new or renovating and repairing housing for residence”

b) Amend the title of Clause 2 as follows:

“2. Conditions for obtaining loans for households and individuals to purchase or rent social housing:”

c) Amend and supplement Points d and đ of Clause 2 as follows:

“d) Have a loan application for purchasing or renting social housing, which includes commitments from individuals and family members that they have not benefited from housing support policies in their place of residence;

đ) Have a contract for purchasing or renting social housing with the investor in accordance with this Decree and the law on housing;”

d) Amend and supplement Points đ and e of Clause 3 as follows:

“đ) Have a Certificate of Land Use Right, House Ownership, and Other Assets Attached to Land issued by the competent state agency at the district level where the household registration is located, in accordance with the law on land;

e) Have a cost calculation plan and a construction permit if required by the law on construction. If there is a construction permit with a specified duration under the law, it can be considered for loan provision consistent with the existence period of the construction;”

đ) Amend and supplement Clauses 4, 5, and 6 as follows:

“4. Loan amount:

a) In cases of purchasing or renting social housing, the maximum loan amount shall be 80% of the value of the purchase or rental contract;

b) In the case of new construction or renovation, repair of housing, the maximum loan amount shall be 70% of the budget estimate or borrowing plan, with a maximum not exceeding VND 500 million and not exceeding 70% of the value of the collateral securing the loan.

5. Interest rate on loans:

a) The interest rate for preferential loans at the Vietnam Bank for Social Policies shall be decided by the Prime Minister based on the proposal of the Board of Directors of the Vietnam Bank for Social Policies for each period;

b) The interest rate for preferential loans at designated credit organizations shall be determined and announced by the State Bank of Vietnam on the basis of ensuring the principle that it does not exceed 50% of the average lending rate of commercial banks in the same period.

6. Loan term: The loan term shall be agreed upon between the bank and the customer in accordance with the customer's ability to repay the debt, with a maximum not exceeding twenty-five years from the date of disbursing the first loan installment.

11. Amend the name of the Article; amend and supplement Clause 2 of Article 17 as follows:

a) Amend the name of the article as follows:

"Article 17. State capital sources for preferential loans to implement social housing policies"

b) Amend and supplement Clause 2 of Article 17 as follows:

"2. Sources of preferential loans from credit organizations:

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

b) The Government shall use ODA funds and foreign preferential loans to refinance designated credit organizations to provide loans for social housing in accordance with this Decree."

12. Supplement Clause 10 following Clause 9 of Article 19 as follows:

"10. The resale of social housing to project developers or other eligible buyers as stipulated in Clause 5 of this Article shall be carried out in accordance with Article 62 of the Law on Housing and the following provisions:

a) In the case of reselling social housing to a project developer, the seller must complete the contract termination procedures with the developer. The maximum resale price shall be equal to the selling price of similar social housing at the same location and time of sale, and no personal income tax shall be paid.

b) In the case of reselling social housing to another eligible buyer, the seller must complete the procedures to transfer the social housing purchase contract with the developer to the eligible buyer and no personal income tax shall be paid.

The buyer of resold social housing must have certificates confirming their eligibility and conditions as stipulated in Article 22 of this Decree and directly contact the project developer to submit application documents for purchasing housing in accordance with Article 20 of this Decree."

13. Amend and supplement Point d of Clause 1; supplement Clause 3 following Clause 2 of Article 20 as follows:

a) Amend and supplement Point đ Clause 1 as follows:

"d) Project developers investing in social housing construction are responsible for submitting a list of eligible recipients for purchasing, renting, or leasing social housing according to priority order (in accordance with the principles stipulated in Article 23 of this Decree) to the Construction Department of the local province for verification to determine the correct beneficiaries and exclude those who have been supported multiple times or already own housing or land, have received state support for housing or land, or have generated personal income tax payments locally. The competent authority issuing Land Use Right Certificates, Ownership Certificates of houses and attached assets, the People's Committee of the district, and the local tax authority are responsible for cooperating with the Construction Department to verify information within their jurisdiction and bear responsibility for the verification results.

If the individuals listed by the developer as eligible for purchasing, renting, or leasing social housing already own housing or land, have received state support for housing or land, have generated personal income tax payments locally, or have purchased, rented, or leased social housing in another project, then the Construction Department is responsible for notifying the developer in writing to remove these individuals from the list. After fifteen working days from receiving the list, if the Construction Department does not provide feedback, the developer shall notify the eligible individuals in their project to agree and sign contracts. The Construction Department is responsible for updating the list of eligible individuals for purchasing, renting, or leasing social housing on the Construction Department's and Ministry of Construction's online portals.

If an individual meets the conditions for purchasing, renting, or leasing social housing and has been included in the project developer's list but no longer wishes to do so, the project developer shall return the submitted documents (including proof of eligibility and conditions for purchasing, renting, or leasing social housing) to the applicant."

b) Add Clause 3 after Clause 2 as follows:

"3. The Ministry of Construction shall guide the update of information on eligible individuals for purchasing, renting, or leasing social housing on the Ministry of Construction's online portal in accordance with Clause 1 of this Article."

14. Amend and supplement Clauses 4, 5, 6, and 7 of Article 21 as follows:

"4. The provincial People's Committee shall assign the Construction Department or subordinate functional agencies to assess the selling, leasing, or lease-purchase prices of social housing developed under projects not funded by public investment or state capital outside public investment within their jurisdiction in accordance with the procedures stipulated in Article 21a of this Decree.

5. For social housing built by households or individuals for sale, rental, or lease-purchase, households or individuals shall self-determine the price but it must not exceed the price range set by the provincial People's Committee. Before signing a sales, rental, or lease-purchase contract with customers, households or individuals must submit a price list to the local Construction Department for monitoring."

The provincial People's Committee is responsible for directing competent agencies to refer to the pricing methods for sale prices, rental prices, and lease-purchase prices guided by the Ministry of Construction and the market price level in the locality to establish a framework of sale prices, rental prices, and lease-purchase prices for social housing built by households and individuals, to promulgate according to their authority, ensuring suitability with the actual conditions of the locality.

6. The tenant of social housing shall be responsible for paying a deposit to the lessor before renting the house according to the agreement between both parties, but not exceeding three months' rent, and not less than one month's rent, to ensure the fulfillment of the tenant's obligations.

The lessor and the tenant of social housing may agree on a higher deposit amount than that prescribed in this clause, but not exceeding fifty percent of the value of the rented housing. In cases where the tenant pays the deposit as prescribed in this clause, they may have the rental price of the social housing reduced or be exempted from paying rent for a certain period agreed upon by both parties.

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

7. The buyer or lease-purchaser of social housing is entitled to borrow subsidized capital from the Social Policy Bank or credit organizations designated by the State to settle the purchase or lease-purchase price of social housing in accordance with Chapter III of this Decree.

15. Supplement Article 21a following Article 21 as follows:

"Article 21a. Procedures and formalities for appraising sale prices, rental prices, and lease-purchase prices of social housing"

1. The project investor directly submits one set of documents (certified copies) to the provincial People's Committee where the project is located to request the organization to appraise the sale prices, rental prices, and lease-purchase prices of social housing constructed by themselves in accordance with Clause 2 of this Article.

2. The documents submitted by the investor for appraisal include:

a) An application for price appraisal according to the model attached at Appendix I of this Decree;

b) Legal documents of the investor (including: Legal basis for the Project; an overview of the project);

c) The plan for determining the sale prices, rental prices, and lease-purchase prices of social housing developed by the investor.

3. The provincial People's Committee assigns the Department of Construction or the competent agency for price appraisal in the locality to conduct the appraisal of the sale prices, rental prices, and lease-purchase prices of social housing proposed by the investor in accordance with the following provisions:

a) The Department of Construction or the competent agency for price appraisal organizes the appraisal and bears responsibility before the provincial People's Committee for the results and the time limit for completing the appraisal.

If the investor has completed the construction of social housing and has been audited regarding the project costs in accordance with regulations, the Department of Construction may base its appraisal of the sale prices, rental prices, and lease-purchase prices of the project on the audit report.

b) Within thirty days from the date of receiving valid documents requesting price appraisal from the investor, the Department of Construction or the competent agency for price appraisal is responsible for organizing the appraisal and issuing a notification of the appraisal results to the investor, specifying the contents agreed upon and the contents requiring revision (if any).

Based on the notification of the appraisal results, the investor sets the sale prices, rental prices, and lease-purchase prices of the project on the principle that they must not exceed the appraised prices.

c) If the Department of Construction or the competent agency for price appraisal does not issue a notification of the appraisal results within the time limit stipulated in point b of this clause, the investor is entitled to set the prices according to the proposed pricing plan and sign contracts for the sale, rental, or lease-purchase of social housing with customers, but before signing the contract, the investor must send the list of sale prices, rental prices, and lease-purchase prices issued by the investor to the local Department of Construction for monitoring.

d) When there is a notification of the appraisal results indicating that the appraised price is higher than the price already signed in the contract by the investor, the investor is not allowed to collect additional amounts; if the appraised price is lower, the investor must sign a new contract or amend and supplement the contract appendix and return the difference to the buyer, renter, or lease-purchaser of the housing.

4. In cases where the investor resells the social housing fund after five years of leasing in accordance with Clause 3 of Article 54 of the Law on Housing, the sale price of social housing does not need to be reappraised if the sale price after the leasing period has been determined in the pricing plan approved by the competent state agency. When selling social housing that has been leased according to regulations, the sale price must be reduced by the corresponding depreciation cost of the housing during the leasing period.

16. Amend and supplement Article 22 as follows:

"Article 22. Documents proving eligibility and conditions for enjoying support policies for social housing"

1. The subjects specified in Article 49 of the Law on Housing who have not yet enjoyed support policies for social housing when applying for social housing support must submit a request for social housing support according to the form guided by the Ministry of Construction, proof of the subject as stipulated in Clause 2 of this Article, and proof of housing conditions, residence, and income as stipulated in Clauses 3, 4, and 5 of this Article.

2. Proof of the subjects eligible for support policies for social housing is as follows:

a) For the subjects specified in Clause 1 of Article 49 of the Law on Housing, they must provide proof of the subject in accordance with the laws on persons with meritorious service to the revolution, confirmation of the current housing status and non-receipt of housing support from the State, issued by the People's Committee of the commune where the permanent residence registration is located;

b) For the subjects specified in Clause 4 of Article 49 of the Law on Housing, they must provide confirmation of the subject issued by the People's Committee of the commune where the permanent residence registration is located or the place of temporary residence registration for more than one year if they have permanent residence registration in another province or centrally-administered city;

c) For the subjects specified in Clauses 5, 6, and 7 of Article 49 of the Law on Housing, they must provide confirmation of the subject issued by the agency where they are currently working;

d) For the subjects specified in Clause 8 of Article 49 of the Law on Housing, they must provide proof of the subject being a tenant of official housing issued by the official housing management agency.

d) The subject specified in Clause 9 of Article 49 of the Law on Housing must have a document proving their status issued by the educational institution where they are studying.

e) The subject specified in Clause 10 of Article 49 of the Law on Housing must have a certified copy of a document proving that their name appears in the list of persons whose residential land, housing, and other assets attached to the land are being reclaimed, issued by the competent authority.

g) In the case where the subject is a person with disabilities as stipulated in Article 23 of this Decree, they must have a confirmation that they are a person with disabilities in accordance with the laws on persons with disabilities.

3. Documents proving the current status of housing as follows:

a) The subjects specified in Clauses 1, 4, 5, 6, and 7 of Article 49 of the Law on Housing must have a confirmation from the People's Committee of the commune where they are registered as permanent residents or from the People's Committee of the commune where they are registered as temporary residents for at least one year if they are registered as permanent residents in another province or centrally-administered city regarding the actual status of their housing and that they have not been supported with housing or land.

b) The subject specified in Clause 8 of Article 49 of the Law on Housing must have a certificate from the agency managing public service housing confirming that they have returned the public service housing.

c) The subject specified in Clause 9 of Article 49 of the Law on Housing must have a confirmation from the educational institution where they are studying stating that they have not been rented housing at the place of study.

d) The subject specified in Clause 10 of Article 49 of the Law on Housing must have a confirmation from the People's Committee of the district where the person's housing and land were reclaimed regarding the fact that they have not been compensated by the State with resettlement housing or land.

4. Documents proving the residence conditions as follows:

a) In the case where the subject applying to purchase, lease, or lease-purchase social housing has a permanent household registration in the province or centrally-administered city where the social housing is located, they must have a certified copy of the permanent household registration or a collective household registration certificate at that locality.

b) In the case where the subject applying to purchase, lease, or lease-purchase social housing does not have a permanent household registration as provided for in point a of this clause, they must have a certified copy of a temporary residence registration certificate and a certificate of social insurance contributions for at least one year in the province or centrally-administered city where the social housing project is located.

c) From the date the Law on Residence takes effect (July 1, 2021), the confirmation of permanent residence registration and temporary residence registration shall be carried out in accordance with the provisions of the Law on Residence; in cases where a Household Registration Booklet or Temporary Residence Booklet has already been issued, they can still be used and have the same validity as residence-related documents until December 31, 2022.

5. Documents proving income conditions as follows:

a) The subjects specified in Clauses 5, 6, and 7 of Article 49 of the Law on Housing must have a confirmation from the agency or unit where they work regarding their income level, which falls within the category exempt from regular personal income tax according to the law on personal income tax.

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

6. The subjects specified in Article 49 of the Law on Housing must meet the conditions to enjoy support policies for social housing as prescribed in Article 51 of the Law on Housing; in the case where they own housing, the average housing area per person must be less than 10 m²/person.

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

17. Amend and supplement Article 23 as follows:

“Article 23. Principles and criteria for reviewing eligible subjects for purchasing, leasing, or lease-purchasing social housing

1. The principle of reviewing eligible subjects for purchasing, leasing, or lease-purchasing social housing developed under projects shall be implemented as follows:

a) In the case where the total number of valid applications for purchasing, leasing, or lease-purchasing equals or is less than the total number of apartments announced by the developer for each product type, the selection of apartments shall be conducted through mutual agreement between the developer and the customer.

b) In the case where the total number of valid applications for purchasing, leasing, or lease-purchasing exceeds the total number of apartments announced by the developer for each product type, the review and selection of eligible subjects shall be conducted through a lottery organized by the developer, with the participation of representatives from the local Construction Department overseeing the approved project. The lottery must have a record of results.

In the case where the project includes subjects who meet the requirements stipulated in Article 22 of this Decree, namely those who have rendered meritorious services to the revolution or persons with disabilities, they shall be given priority in purchasing, leasing, or lease-purchasing social housing without having to participate in the lottery, with a certain ratio. The number of apartments reserved for these priority subjects (without participating in the lottery) shall be determined based on the ratio of the total number of applications from these two groups of priority subjects to the total number of applications multiplied by the total number of social housing apartments in the project. The list of priority subjects shall be arranged in chronological order based on the submission time of their applications. Apartments reserved for priority subjects shall be allocated according to the order of the priority list until exhausted, and the remaining subjects shall continue to participate in the lottery.

2. For the subjects specified in Clause 6 of Article 49 of the Law on Housing, they may apply to purchase, lease, or lease-purchase social housing in projects invested by various economic sectors or projects implemented by the Ministry of National Defense or the Ministry of Public Security, but they must ensure the principle that each subject purchasing, leasing, or lease-purchasing housing is only supported once.

The Ministry of National Defense and the Ministry of Public Security shall specify detailed criteria for reviewing eligible subjects and conditions for cases purchasing, leasing, or lease-purchasing social housing in projects constructing social housing implemented by themselves, consistent with the characteristics of the armed forces, and submit them to the Ministry of Construction for written comments before issuance. Within 15 working days, the Ministry of Construction shall respond to the content seeking comments.

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

18. Repeal Clauses 3 and 5; amend and supplement Clauses 2 and 4 of Article 28 as follows:

a) Amend and supplement Clause 2 as follows:

“2. Issue regulations on the management of the use and operation of the social housing fund within its jurisdiction.”

b) Amend and supplement Clause 4 as follows:

"4. Chair the coordination with ministries, sectors, provincial People's Committees to guide the construction of the database system on social housing, update it on the Ministry of Construction's electronic information portal; guide, inspect, and audit according to their authority regarding the development and management of social housing; compile and evaluate the implementation situation of this Decree; propose amendments and supplements suitable for actual conditions to be submitted to the Government for consideration and decision."

19. Supplement Point d after Point d of Clause 2; amend and supplement Point a of Clause 4 of Article 29 as follows:

a) Supplement Point d after Point d of Clause 2 as follows:

“d) Guide according to their authority the management and use of land payment funds for the 20% land fund at commercial housing projects and urban areas as stipulated in Clause 3 of Article 5 of this Decree.”

b) Amend and supplement Point a of Clause 4 as follows:

“a) Issue regulations guiding the provision of loans for social housing support at designated credit institutions; direct the Vietnam Bank for Social Policies to guide the mobilization of savings deposits and loan procedures consistent with the organization and operations of the Vietnam Bank for Social Policies;"

20. Amend and supplement Clause 1; supplement Clause 8 after Clause 7 of Article 30 as follows:

a) Amend and supplement Clause 1 as follows:

“1. Organize and direct the investigation, survey, and compilation of demand to build and adjust annual, medium-term, and long-term programs, plans, and investment targets for social housing construction (including social housing for workers in industrial zones) within the jurisdiction; direct and assign tasks to local enterprises, coordinate with the Ministry of Construction to assign tasks to state-owned enterprises under ministries to develop social housing according to the provisions of this Decree.”

b) Supplement Clause 8 after Clause 7 as follows:

“8. The provincial People's Committee shall be responsible for supporting the project investor in implementing the connection of the technical infrastructure system within the project with the common infrastructure system of the area.”

21. Repeal Article 11.

22. Replace the phrase "social housing construction project" in the name of Article 8, the name of Article 9, Clause 1 and Clause 2 of Article 15, Clause 1 of Article 20 with the phrase "social housing investment and construction project"; replace the phrases "commercial housing development project, urban development investment project", "commercial housing project, urban area" in Clause 2 of Article 30 with the phrase "commercial housing investment and construction project, urban area".

Article 2. Transitional provisions

1. For housing investment and construction projects implemented under the Build-Transfer (BT) model, the transitional handling shall be carried out in accordance with the laws on investment under the public-private partnership model.

2. For commercial housing investment and construction projects, urban areas that have had investment decisions or approval of investment orientation before the effective date of this Decree, the implementation of social housing obligations shall continue to be carried out according to the provisions of Decree No. 100/2015/NĐ-CP dated October 20, 2015 of the Government.

3. For cases where commercial housing investment and construction projects, urban areas with a scale of less than 10 hectares, the project investors who have been approved to fulfill social housing obligations through monetary payment before the effective date of this Decree but have not yet made the payment by the time this Decree becomes effective, the project investors shall make payments equivalent to the value of the 20% land fund at the time of completion of the investment and construction of the technical infrastructure system.

4. In cases where the applicants for purchasing, renting, or leasing social housing have been reviewed and approved by the Construction Department of the locality where the project is located and included in the list of eligible purchasers, renters, or lessees of social housing, the purchase, rental, or lease of social housing from the project investors shall continue to be carried out according to the provisions of Decree No. 100/2015/NĐ-CP dated October 20, 2015 of the Government.

Article 3. Implementation Provisions

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

2. Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees shall be responsible for guiding the implementation of the articles and clauses assigned in this Decree and reviewing issued documents to amend, supplement, or replace them in accordance with the provisions of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairmen of provincial People's Committees, central city People's Committees, relevant agencies, organizations, and individuals shall be responsible for enforcing this Decree.

Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies, and agencies under the Government; - Provincial People's Councils, People's Committees of centrally governed cities; - Central Party Office and Party Committees; - General Secretary's Office; - President's Office; - Ethnic Council and Committees of the National Assembly; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Office; - National Financial Supervisory Commission; - Social Policy Bank; - Vietnam Development Bank; - Vietnam Fatherland Front Central Committee; - Central Agencies of Social Organizations; - VPCP: Deputy Chairman, all Vice Chairmen, Assistants to the Prime Minister, Director of the Government Portal, all Departments, Bureaus, subordinate units, Official Gazette; - To be filed: VT, CN (2b).

PRIME MINISTER PRIME MINISTER Nguyen Xuan Phuc

ANNEX I

MODEL DOCUMENT FOR REQUESTING AUTHORITY TO DETERMINE THE SALE PRICE, RENTAL PRICE, AND LEASE PRICE OF SOCIAL HOUSING

(Attached to Decree No. 49/2021/NĐ-CP dated April 1, 2021 of the Government)

NAME OF PARTY REQUESTING DETERMINATION DETERMINATION OF PRICE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: …. Regarding request for determination of sale price, rental price, and lease price of social housing	1…, day ... month ... year ...

Unit: Equivalent USD ²: ………………………………

Pursuant to the Law on Housing 2014, Decree No./2021/NĐ-CP dated month day year 2021 of the Government amending and supplementing some articles of Decree No. 100/2015/NĐ-CP dated October 20, 2015 of the Government on management and development of social housing, ³…has established a pricing plan for the sale price, rental price, and lease price of social housing at the project (pricing plan attached).

We respectfully request ²…to consider and determine the sale price, rental price, and lease price of social housing at the project……in accordance with current laws.

Place of Receipt: - As above; - To be filed: ……

HEAD PARTY REQUESTING DETERMINATION OF PRICE (Sign, write full name and stamp)

___________________

¹ Name of locality where the project is located.

² Construction Department or competent agency for price determination of the locality.

³ Name of party requesting determination of sale price, rental price, and lease price of social housing.