Decree 100/2024/ND-CP detailing certain provisions of the Housing Law regarding the development and management of social housing
Ordinance detailing provisions of the Housing Law on the development and management of social housing?
On July 26, 2024, the Government of Vietnam issued Decree 100/2024/ND-CP Download detailing provisions of the Housing Law on the development and management of social housing.
Article 2 of Decree 100/2024/ND-CP Download stipulates the applicable entities, including:
- Organizations, households, and individuals from both domestic and foreign economic sectors, as well as overseas Vietnamese, involved in investing in the development of social housing, employee accommodations within industrial zones, and housing for the armed forces as prescribed by the Housing Law.
- Individuals eligible to purchase, lease-purchase, or rent social housing; rent employee accommodations; purchase, lease-purchase, or rent housing for the armed forces as prescribed by the Housing Law.
- State management agencies and other organizations involved in the development and management of social housing, employee accommodations within industrial zones, and housing for the armed forces.
Decree 100/2024/ND-CP detailing provisions of the Housing Law on the development and management of social housing? (Image from the Internet)
What specific provisions of the Housing Law does Decree 100 detail?
According to Article 1 of Decree 100/2024/ND-CP Download, it details several clauses and points in the Housing Law 2023 as follows:
- Clause 2, Article 83, Housing Law 2023, regarding the requirement for commercial housing project investors to allocate a portion of the project’s homestead land, having invested in the technical infrastructure, for social housing or to arrange a social housing land fund with invested technical infrastructure at another location within the urban area or pay an amount equivalent to the value of the land fund with invested technical infrastructure for social housing.
- Clause 2, Article 34, Housing Law 2023, about the stages of social housing projects and housing for the armed forces.
- Points a and b, Clause 4, Article 84, Housing Law 2023, regarding the selection of investors for social housing development projects.
- Points c, d, and dd, Clause 2, Article 85, Housing Law 2023, and Clause 3, Article 85, Housing Law 2023, about incentives for investors in social housing development projects (profit margins; commercial service, trade, and housing areas; preferential loan interests), and commercial housing project investors directly investing in social housing within their commercial housing projects.
- Article 82, Housing Law 2023, about social housing types and area standards.
- Points a, b, Clause 1, Clause 6, and Clause 8, Article 78, Housing Law 2023, about conditions for benefiting from social housing support policies.
- Clause 6, Article 87, Housing Law 2023, on determining prices for sale, lease-purchase, and lease of social housing that is not public investment or union financial sources.
- Clause 4, Article 126, Housing Law 2023, about determining social housing prices and housing for the armed forces as public assets; exemptions and reductions in renting social housing and housing for the armed forces; management, use, and operation of social housing and housing for the armed forces as public assets.
- Clause 9, Article 88, Housing Law 2023, and Point e, Clause 1, Article 89, Housing Law 2023, regarding land levy payments upon reselling social housing.
- Clause 4, Article 89, Housing Law 2023, about procedures for selling, lease-purchasing, and renting social housing.
- Clause 2, Article 94, Housing Law 2023, concerning environmental safety conditions, scale, and land ratio for developing employee accommodations within industrial zones.
- Clause 4, Article 100, Housing Law 2023, about renting and managing, using employee accommodations within industrial zones.
- Clause 3, Article 109, Housing Law 2023, regarding procedures for selling, lease-purchasing, and renting housing for the armed forces.
- Clause 5, Article 77, Housing Law 2023, concerning support through preferential loans from the State via the Vietnam Bank for Social Policies or other State-designated credit institutions for purchasing, lease-purchasing social housing, housing for the armed forces, or self-constructing, renovating, and repairing homes.
- Clause 4, Article 117, Housing Law 2023, on preferential loans via the Vietnam Bank for Social Policies and the Vietnam Development Bank for developing social housing.
- Clause 2, Article 125, Housing Law 2023, about appraising schemes for selling social housing and housing for the armed forces as public rental assets.
- Clause 10, Article 88, Housing Law 2023, about enforcing social housing recovery.
- Clause 2, Article 191, Housing Law 2023, on transitional provisions for social housing.
What are the conditions for social housing investment projects to conduct bidding for investor selection?
According to Article 21 of Decree 100/2024/ND-CP Download, selecting investors for social housing development projects through bidding is stipulated as follows:
Selecting investors for social housing development projects through bidding
- Conditions for social housing investment projects to conduct bidding for investor selection include:
a) Satisfying conditions and criteria as stipulated in projects required to conduct bidding under the Bidding Law;
b) Not falling into the cases specified in Points a and c, Clause 4, Article 84, of the Housing Law;
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Thus, conditions for social housing investment projects to conduct bidding for investor selection are as follows:
- Satisfying conditions and criteria under the Bidding Law for projects required to conduct bidding.
- Not falling into the following cases:
+ Only one investor expresses interest as per the Bidding Law, and the competent authority approves the investor as the primary investor for the social housing project if the investor meets the conditions and criteria stipulated by the Government of Vietnam.
+ Approved investment policy simultaneously approves the investor as the primary investor for the social housing project when the investor has land-use rights through agreements on land-use rights concerning land types for social housing investment projects or holds land-use rights concerning land types for social housing investment projects as per the Land Law.
- Having investment policy approval decisions as per the Investment Law.
- Having a 1/2000 scale zoning plan or a 1/500 scale detailed plan.
