Decision No. 65/2009/QD-TTg Issuing certain mechanisms and policies for developing housing for students at universities, colleges, vocational high schools, and vocational training institutions to rent.

Pursuant to …;

ISSUING CERTAIN MECHANISMS AND POLICIES FOR THE DEVELOPMENT OF HOUSING FOR STUDENTS IN UNIVERSITIES, COLLEGES, VOCATIONAL COLLEGES, AND VOCATIONAL SCHOOLS TO RENT

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Resolution No. 18/NQ-CP dated April 20, 2009 of the Government;

Considering the proposal of the Minister of Construction,

DECISION:

Article 1. General Provisions

1. The State directly invests and encourages various economic sectors to participate in investing in housing for students (hereinafter referred to as student housing) in universities, colleges, vocational colleges, vocational schools, regardless of whether they are public or private (hereinafter referred to as educational institutions) to rent during their study period.

2. Investment in building student housing must meet the following requirements: compliance with construction planning, land use planning, and development plans for educational institution networks approved by competent state authorities; addressing the goal that each project can provide accommodation for students and pupils of a number of educational institutions (school clusters) within the locality according to specific conditions of each locality; having a synchronized technical infrastructure and social infrastructure, ensuring sufficient functional areas and living spaces to serve residential, learning, cultural, sports and physical education needs, thereby creating a healthy and cultured living environment.

3. Provincial People's Committees (hereinafter referred to as provincial People's Committee) shall conduct reviews, adjustments, or supplements to the general planning, detailed construction planning, and land use planning of the locality to create land funds for building student housing. At the same time, they must determine the development targets for student housing as one of the basic indicators of the local socio-economic development plan; these indicators must be established annually and for each period, in accordance with the socio-economic conditions and characteristics of each locality, and must be organized for implementation and regulated with responsibility systems.

Strive to resolve housing rental issues for approximately 60% of students and pupils with housing needs at student housing projects across the country by 2015.

Article 2. Authority to decide on investment in student housing projects funded by state budget

1. Plans for developing student housing projects funded by the state budget must be reviewed and approved by the Prime Minister based on the project list compiled by the Ministry of Construction according to the proposal of the provincial People's Committee. For student housing projects within the premises of educational institutions, there must be an agreement from the managing authority. For educational institutions under the armed forces, the managing authority reports directly to the Ministry of Construction. The provincial People's Committee uniformly organizes the management of student housing projects constructed within its jurisdiction.

2. The provincial People's Committee decides on investment in student housing projects within its jurisdiction; the provincial People's Committee assigns the Department of Construction or the agency responsible for investment and construction management or the educational institution as the project investor. The project investor is permitted to establish a Student Housing Project Management Board in accordance with the law to carry out project management tasks during the investment and construction phase and post-construction operation and management phases.

3. For educational institutions under the armed forces, the managing authority decides on investment.

Article 3. Mechanism for Implementing Student Housing Projects

1. Economic components participating in developing student housing with non-budgetary funds shall enjoy investment incentives as prescribed in Decree No. 69/2008/NĐ-CP dated May 30, 2008 of the Government on policies to encourage socialization in education, vocational training, healthcare, culture, sports, and environmental activities.

2. The project investor of student housing projects may apply the direct award method for consultancy, construction, and equipment procurement contracts with appropriate cost savings. The Ministry of Construction shall provide guidance on implementing this provision.

Article 4. Sources of Investment for Building Student Housing from State Budget

1. Government bonds allocated for construction work.

2. Annual budgets of localities and ministries and sectors allocate capital for basic construction in education and training.

3. Local budgets allocate funds from land use fees and land rental fees retained by localities for compensation, clearance, and creation of land funds for building student housing.

Article 5. Land Fund for Building Student Housing

The land fund for building student housing shall be arranged according to the following principles:

1. Provincial People's Committees shall review, adjust, and supplement land use plans and plans, organize compensation and clearance to create land funds for concentrated student housing areas; use 20% of the land reserved for social housing in commercial housing projects and new urban areas within their jurisdiction to build student housing if it aligns with planning.

2. For educational institutions within campuses that still have available land and comply with planning, provincial People's Committees shall coordinate with management agencies and educational institutions to allow changes in land use purposes for building student housing.

Article 6. Design Standards and Rental Prices for Student Housing

1. Design standards for student housing:

a) Minimum living area standard for student housing is 4m/square per student; infrastructure technical and social infrastructure standards in student housing areas according to current construction standards;²b) Student housing projects may increase building density and land use coefficient up to 1.5 times compared to current construction planning standards, without limiting the number of floors, in accordance with approved construction planning.

b) Student housing projects shall be adjusted to increase construction density and land use coefficient up to 1.5 times compared to the current urban planning standards, without restricting the number of floors, in accordance with the urban planning approved by the competent authority.

2. Rental prices for student housing:

a) Rental prices for student housing in projects funded by state budget shall be determined by provincial People's Committees based on covering only management, operation, and maintenance costs (excluding depreciation costs);

b) Rental prices for student housing in projects funded by non-state budget sources shall be approved by provincial People's Committees based on investors' proposals, ensuring that national incentives are not included in rental prices and guaranteeing a maximum profit rate of 10%, with a minimum payback period of 20 years.

3. Students from difficult circumstances shall be supported by the State with loans to pay rent according to Decision No. 157/2007/QĐ-TTg dated September 27, 2007 of the Prime Minister on credit for students.

Article 7. Quality management of construction works for student housing projects

1. The quality management of construction works for student housing projects shall be carried out in accordance with the provisions of the laws on quality management of construction works (Government Decree No. 209/2004/NĐ-CP dated December 16, 2004 on quality management of construction works; Government Decree No. 49/2008/NĐ-CP dated April 18, 2008 amending and supplementing certain articles of Government Decree No. 209/2004/NĐ-CP dated December 16, 2004 on quality management of construction works and guiding documents issued by the Ministry of Construction).

2. Student housing projects must be independently assessed for compliance with construction work quality standards by an independent consulting organization before being put into use.

Article 8. Organization for managing operation and running student housing funds

1. The student housing fund must be maintained and strictly managed during operation, without arbitrarily changing its purpose of use. Maintenance of the construction works must comply with the provisions of the law on construction. Regulations on the management of the use, operation, and exploitation of the student housing fund shall be implemented in accordance with the guidelines of the Ministry of Construction.

2. The project investors of student housing projects are responsible for organizing the management, operation, and maintenance of the student housing fund after investment, and are permitted to lease, entrust, or establish housing service organizations to manage and operate the student housing fund. The unit managing and operating the student housing fund is allowed to conduct other services within the residential area to generate revenue to offset management and operation costs and maintenance expenses, thereby reducing rental fees for housing.

3. The unit managing and operating the student housing fund must establish rules for using student housing, publicly announce them so that students renting houses and related units and individuals are aware and comply with them.

Article 9. Objectives and conditions for renting student housing

1. The unit managing and operating the student housing fund is responsible for renting to the correct target group. For concentrated student housing projects, priority should be given to students studying at schools in the local area. In cases where there is insufficient space to meet the demand, the following priority order shall apply: students from outside the province, poor students, excellent students, and first-year students.

2. Students who need to rent housing must submit an application, have it confirmed by their educational institution, and sign a housing rental contract with the unit managing and operating the student housing fund.

3. Students renting housing must pay full rent, comply with the rules for using student housing, and may not sublet or transfer the contract; if violated, the contract will be terminated, and the educational institution where the student is enrolled will be notified to take appropriate measures according to the law.

Article 10. Implementation Organization

1. Relevant ministries, sectors, and People's Committees of provinces and centrally governed cities are responsible for implementing the tasks assigned in Resolution No. 18/NQ-CP dated April 20, 2009 of the Government.

2. To create breakthroughs immediately in 2009, the Ministry of Construction is tasked with leading and coordinating with relevant ministries, sectors, the People's Committee of Ho Chi Minh City, Hanoi City, and some key locations with high demand for student housing to develop plans and complete procedures to start construction in 2009, completing approximately 200,000 student accommodation places by 2010 and the second quarter of 2011.

3. The Ministry of Planning and Investment and the Ministry of Finance will allocate approximately 8 trillion VND from government bonds to implement the student housing construction program mentioned in Clause 2 of this Article.

4. The Ministry of Construction leads and coordinates with relevant ministries, sectors, and People's Committees of provinces and centrally governed cities to develop programs and annual investment plans for building student housing from 2009 to 2015, to be submitted to the Prime Minister for decision-making in the third quarter of 2009; issue model designs and typical designs for student housing; provide detailed guidance on investment management, usage, and operation of the student housing fund; leasing regulations, contract templates, and eligible tenants as stipulated in this Decision.

5. Provincial People's Committees under the central government:

a) Review and adjust general and detailed urban planning, land use planning, and plans to include additional land for developing student housing; prioritize allocating land use revenues and land rental revenues retained by localities to compensate for land clearance and acquisition costs, creating land reserves for student housing development.

b) Develop and approve implementation plans for student housing construction projects for educational institutions regardless of management agencies, within the scope of the period from 2009 to 2015, including overall and annual budget estimates, specifically proposing the portion of government bond capital and local budgets, to report to the Ministry of Construction for consolidation and submission to the Prime Minister by June 2009;

c) Organize regular meetings, mid-term reviews, and evaluations every three months, six months, and annually, reporting to the Ministry of Construction for consolidation and reporting to the Prime Minister.

Article 11. This Decision takes effect from June 10, 2009.

Article 12. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the direct jurisdiction of the central government shall be responsible for implementing this Decision./.