Chương VI Luật Nhà ở 2023: Chính sách về nhà ở xã hội

Chapter VI

SOCIAL HOUSING POLICIES

Section 1. GENERAL PROVISIONS

Article 76. Entities eligible for assistance policies regarding social policies

1. Individuals serving the revolution, relatives of martyrs eligible for housing improvement in accordance with Ordinance for benefits for individuals serving the Revolution.

2. Poor and near-poor households in rural areas.

3. Poor and near-poor households in rural areas in areas regularly prone to natural disasters, climate change.

4. Poor and near-poor households in urban areas.

5. People with low income in urban areas.

6. Workers and employees working in enterprises, cooperatives, joint cooperatives inside and outside of industrial parks.

7. Officers, non-commissioned servicemen, servicemen in people’s armed forces, people security personnel, active national defense public employees, employees; individuals engaging in cryptography operations and other work in cryptography organizations and receiving salaries from state budget.

8. Officials, public officials, and public employees according to regulations on officials, public officials, and public employees.

9. Entities returning official housing in accordance with Clause 4 Article 125 hereof, unless official housing is repossessed as a result of violation in accordance with this Law.

10. Households and individuals that are subject to land expropriation and housing clearance, demolition in accordance with the law and have not been compensated by the Government in form of houses and/or homestead land.

11. Students, learners in universities, academies, higher education institutions, colleges, vocational education and training facilities, specialized education institutions as per the law; students of public ethnic boarding schools.

12. Enterprises, cooperatives, and joint cooperatives in industrial parks.

Article 77. Methods for implementing support policies regarding social housing

1. Provide support in selling, lease-purchasing, leasing social housing to entities under Clauses 1, 4, 5, 6, 8, 9, and 10 Article 76 hereof; entities under Clause 7 Article 76 hereof who have not benefited from housing support policies intended for people’s armed forces.

Depending on local conditions, provincial People’s Committees may stipulate support for selling, lease-purchasing, leasing social housing to entities under Clause 2 and Clause 3 Article 76 hereof.

2. Provide support in accordance with national target programs or public investment program regarding housing to enable entities under Clauses 1, 2, and 3 Article 76 hereof to build or renovate, repair houses.

3. Provide support in gifting housing to entities under Clauses 1, 2, and 3 Article 76 hereof; exempting, reducing land levy for housing construction in accordance with this Clause and land laws.

4. Provide support in selling, lease-purchasing, leasing housing for people’s armed forces to entities under Clause 7 Article 76 hereof who have not benefited from policies under Clause 1 of this Article.

5. Provide support in applying for concessional loan from the Government via Bank for Social Policy, credit institutions designated by the Government to enable entities under Clauses 1, 2, 3, 4, 5, 6, 7, and 8 Article 76 hereof to purchase, lease-purchase, lease social housing or build or renovate, repair houses; enable entities under Clause 7 Article 76 hereof to apply for concessional loan to purchase, lease-purchase housing for people’s armed houses.

The Government shall elaborate this Clause.

6. Entities under Clause 11 Article 76 hereof may rent social housing during period of studying.

7. Entities under Clause 12 Article 76 hereof may rent worker housing in industrial parks to lease to and accommodate workers of enterprises, cooperatives, joint cooperatives in the industrial parks in accordance with Section 3 of this Chapter.

8. Employees working in enterprises, cooperatives, joint cooperatives in industrial parks shall rent worker housing in industrial parks in accordance with Section 3 of this Chapter.

Article 78. Eligibility for social housing support policies

1. Entities under Clauses 1, 4, 5, 6, 7, 8, 9, and 10 Article 76 hereof shall, upon satisfying eligibility below, be able to purchase, lease-purchase social housing:

a) Regarding housing: in order to be able to purchase, lease-purchase social housing, entities under Clauses 1, 4, 5, 6, 7, 8, 9, and 10 Article 76 hereof must not have owned houses in provinces and central-affiliated cities where social housing investment and construction projects take place, have not purchased or lease-purchased social housing, have not benefited from housing support policies in any shape or form in provinces and central-affiliated cities where social housing investment and construction projects take place, or have owned houses in provinces and central-affiliated cities where social housing investment and construction projects take place where average housing area per capita is lower than the minimum housing area; or must have not in case of entities under Points b, c, d, dd, e, and g Clause 1 Article 45 hereof. The Government shall elaborate this Point;

b) Regarding income: in order to purchase and lease-purchase social housing, entities under Clauses 5, 6, 7, and 8 Article 76 hereof must satisfy income requirements in accordance with regulations of the Government; entities under Clause 4 Article 76 hereof shall fall under poor or near-poor household category according to regulations of the Government.

2. Entities under Clauses 1, 4, 5, 6, 7, 8, 9, 10, and 11 Article 76 hereof are not required to meet housing and income requirements under Clause 1 of this Article when renting social housing.

3. Eligibility for concessional loan of the Government via Bank for Social Policies and credit institutions designated by the Government:

a) In order to apply for loan to purchase and lease-purchase social housing, entities under Clauses 1, 2, 3, 4, 5, 6, 7 and 8 Article 76 hereof must sign contracts for purchase and lease purchase of social housing and satisfy loan requirements in accordance with credit institution laws;

b) In order to apply for loan to purchase and lease-purchase housing for people’s armed forces, entities under Clause 7 Article 76 hereof shall sign contracts for purchase and lease purchase of housing for people's armed forces and satisfy loan requirements in accordance with credit institution laws.

4. In order to receive support under Clause 2 Article 77 hereof, entities under Clauses 1, 2, and 3 Article 76 hereof shall satisfy eligibility under decision approving national target programs or public investment program regarding respective housing types of competent authorities.

5. In order to rent worker housing in industrial parks, entities under Clause 6 Article 76 hereof shall satisfy requirements under Clause 2 Article 93 hereof.

6. In order to purchase and lease-purchase housing for people’s armed forces, entities under Clause 7 Article 76 hereof must meet requirements under Point a Clause 1 of this Article and income requirements of the Government. In case of renting housing for people’s armed forces, housing and income requirements are not required.

7. In order to rent and sublet worker housing in industrial complex to employees in enterprises, cooperatives, joint cooperatives, entities under Clause 12 Article 76 hereof must meet requirements under Clause 1 Article 93 hereof.

8. In order to purchase and rent social housing in accordance with Clause 1 Article 77 hereof, entities under Clause 2 and Clause 3 Article 76 must: meet housing requirements under Point a Clause 1 of this Article, have not benefited from housing support policies in accordance with Clause 3 Article 77 hereof, fall under poor and near-poor household category according to regulations of the Government.

In case of renting social housing, housing and income requirements under this Clause are not required.

9. The Minister of Construction shall promulgate forms of documents proving eligibility under Clauses 1, 2, 3, 4, 5, 6, 8, 9, 10, and 11 Article 76 hereof; promulgate forms of documents proving eligibility for social housing support policies.

The Minister of National Defense and Minister of Public Security shall promulgate forms of documents proving eligibility under Clause 7 Article 76 hereof for social housing support policies.

Article 79. Rules in implementing social housing support policies

1. Implementation of social housing support policies shall following principles below:

a) The Government develops housing development policies and allows everyone to afford accommodation;

b) Implement cooperation between the Government, enterprises, local community, relatives, and support beneficiaries in policy implementation;

c) Ensure openness, transparency, close examination and supervision of competent authorities, local community, and the Vietnamese Fatherland Front;

d) Ensure the right eligible entities and eligibility in accordance with this Law;

dd) If an entity is eligible for multiple support policies, only the policy with the highest value shall apply; if multiple entities share the same standards and eligibility, the order of priority shall be: people serving the revolution, relatives of martyrs, persons with disabilities, individuals relocating in form of purchasing, lease-purchasing social housing, women;

e) If a household includes multiple support policy beneficiaries, only one support policy shall apply.

2. Provincial People’s Committees are responsible for implementing, inspecting, and examining implementation of social housing policies in their provinces and cities.

3. Regulations under Section 2 of this Chapter does not apply to development of worker housing in industrial park, development of housing for people’s armed forces, individuals developing or renovating, repairing houses, unless sections 3, 4, and 5 of this Chapter contain provisions that stipulate the application of regulations under Section 2 of this Chapter.

Section 2. SOCIAL HOUSING DEVELOPMENT FOR SALE, LEASE PURCHASE, LEASE

Article 80. Form of social housing development

1. The Government invests in social housing construction using public investment in order to lease and lease-purchase.

2. The Government invests in social housing construction using funding sources under Point b Clause 1 Article 113 hereof in order to sell, lease-purchase, and lease.

3. Enterprises, cooperatives, and joint cooperatives invest in social housing construction in order to sell, lease-purchase, and lease to entities under Clause 1 Article 77 hereof.

4. The Vietnam General Confederation of Labor acts as presiding authority of social housing investment and construction projects using union funding for employees and workers eligible for renting social housing.

5. Foreign-invested business organizations participate in social housing development in form of capital investment or construction of social housing or business cooperation with domestic enterprises, cooperatives, joint cooperatives in executing social housing development projects in order to sell, lease-purchase, and lease in accordance with this Law, land laws, real estate trading laws, and other relevant law provisions.

6. Individuals build social housing to lease to entities under Clause 1 Article 77 hereof.

Article 81. Form of projects and requirements of social housing investment and construction projects

1. Social housing investment and construction projects consist of projects under Points a, b, c, dd, and e Clause 1 Article 30 hereof.

2. Social housing investment and construction projects under Clause 1 of this Article shall be invested and built on land intended for social housing development according to Clause 6 Article 83 hereof while meeting requirements under Article 33 hereof. The handing over of social housing shall conform to Clause 3 and Clause 4 Article 37 hereof.

3. Developers of social housing investment and construction projects shall build houses to sell, lease-purchase, and lease and shall not transfer land use right to allow individuals to build houses.

Article 82. Type and area standards of social housing

1. Type and area standards of social housing:

a) Social housing in form of apartment buildings shall be built in projects, conform to approved detail construction planning. If social housing investment and construction projects take place in communes in ethnic minority regions and mountainous regions according to regulations of the Prime Minister, construction of single-family houses is allowed;

b) Social housing in form of dwelling units in apartment buildings shall be designed and built in accordance with national technical regulations on apartment building and area standards of social housing;

c) Social housing in form of single-family houses shall be designed and built in accordance with construction laws and area standards of social housing;

d) If individuals build social housing in accordance with Clause 6 Article 80 hereof, they may build multi-storey and multi-unit houses or single-family houses in accordance with this Law.

2. The Government shall elaborate this Article.

Article 83. Land for social housing development

1. Provincial People’s Committees shall allocate sufficient land fund for social housing development in accordance with provincial housing development programs and plans, including: land fund for independent social housing development; land fund for social housing development in commercial housing property investment and construction projects according to Clause 2 and Clause 3 of this Article.

In case of rural areas, provincial People's Committees shall, depending on local conditions, allocate land fund for social housing development.

2. In respect of special, class I, class II, and class III urban areas, depending on regulations of the Government, provincial People's Committees deciding on developers of commercial housing property investment and construction projects shall reserve percentage of homestead land in projects where technical infrastructure investment and construction has been implemented for the purpose of developing social housing or allocate land fund for social housing where technical infrastructure investment and construction has been implemented outside of commercial housing property investment and construction projects in said urban areas or make payments equivalent to value of land fund where technical infrastructure investment and construction has been implemented for the purpose of social housing construction.

3. In respect of urban areas not mentioned under Clause 2 of this Article, provincial People's Committees shall, depending on local conditions, regulate criteria of commercial housing property investment and construction projects where the developers must reserve percentage of homestead land in the projects where technical infrastructure investment and construction has been implemented for the purpose of social housing construction or allocate land fund for social housing where technical infrastructure investment and construction has been implemented outside of commercial housing property investment and construction projects in said urban areas or make payments equivalent to value of land fund where technical infrastructure investment and construction has been implemented for the purpose of social housing construction.

4. Land fund for social housing development under Clause 1 of this Article shall be allocated in accordance with demands defined in approved provincial housing development programs, connected to technical infrastructures and social infrastructures of areas where projects take place, suitable for livelihood and working demands of social housing policy beneficiaries under this Law.

Provincial People's Committees are responsible for investing in technical infrastructures outside of social housing investment and construction projects.

5. Depending on social housing construction demands defined in provincial housing development programs and plans, during production of local budget estimates, provincial People’s Committees are responsible for reporting reservation of budget for social housing investment and construction projects in the provinces and cities, compensation, support, relocation, investment in technical infrastructures outside of social housing investment and construction projects, connection of technical infrastructures of social housing investment and construction projects with technical infrastructures outside of the projects, conformity of social infrastructures inside and outside of the projects to provincial People’s Councils.

6. Land for social housing development in projects includes:

a) Land allocated by the Government for construction of houses which are to be sold, lease-purchased, leased;

b) Land leased by the Government for construction of houses which are to be leased;

c) Reserved homestead land area for construction of social housing in accordance with Clause 2 and Clause 3 of this Article;

d) Land on which social housing investment and construction projects are implemented by enterprises, cooperatives, joint cooperatives in accordance with Point c Clause 4 Article 84 hereof.

7. Individuals have the right to exercise land use right in accordance with Clause 3 Article 54 hereof for construction of social housing.

8. The Government shall elaborate Clause 2 of this Article.

Article 84. Developers of social housing investment and construction projects

1. In respect of social housing investment and construction projects invested using funding sources under Clause 1 Article 113 hereof, developers of the projects shall be determined in accordance with public investment and construction laws.

In respect of social housing investment and construction projects where Chairpersons of provincial People’s Committees decide on the investment, provincial housing authorities shall propose project developers in accordance with public investment and construction laws.

2. In respect of social housing investment and construction projects that utilize union funding, project developers shall be determined in accordance with regulations applying to public investment projects in accordance with public investment and construction laws.

3. If land fund in commercial housing property investment and construction projects must be reserved for the purpose of social housing construction in accordance with Clause 2 and Clause 3 Article 83 hereof, developers of commercial housing property investment and construction projects shall be assigned with investment and construction of social housing unless the Government hands this land over to other organizations for investment and construction of social housing.

4. In respect of social housing investment and construction projects that do not utilize funding sources under Clause 1 and Clause 2 of this Article and do not fall under the case where developers of commercial housing property investment and construction projects engage in investment and construction of social housing, developers of social housing investment and construction projects shall be selected as follows:

a) If only 1 investor is interested in accordance with bidding laws, competent authorities shall approve the investor as developer of social housing investment and construction projects as soon as the investor satisfies requirements and criteria stipulated by the Government;

b) If at least 2 investors are interested, selection of developers of social housing investment and construction projects shall be done via bidding in accordance with bidding laws;

c) Investors having approved investment guidelines and accepted as developers of social housing investment and construction projects when the investors obtain land use right via agreement on acceptance of land use right in regard to type of land on which social housing investment and construction projects are allowed or are having land use right in regard to type of land on which social housing investment and construction projects are allowed according to Land Law.

5. Developers of social housing investment and construction projects under Clause 3 and Clause 4 of this Article have rights under Clauses 1, 2, 3, 5, 6, 7, and 8 Article 38, Clause 2 Article 85, and Clause 2 Article 88 hereof.

6. Developers of social housing investment and construction projects under Clause 3 and Clause 4 of this Article have obligations under Clauses 1, 3, 5, 6, 8, 9, 10, 11, and 13 Article 39, Clause 3 Article 81, Clause 4 Article 87 hereof and obligation to:

a) deposit or obtain bank guarantee regarding deposit obligations for project execution in accordance with investment laws; ensure financial capability for project execution as per the law;

b) fully implement commitments in project product trading contracts; ensure structure quality in accordance with construction laws; hand over houses together with related documents to customers, implement house sale, lease purchase, lease transactions in accordance with this Law, real estate trading laws, and other relevant law provisions.

7. The Government shall elaborate this Article.

Article 85. Incentives for developers social housing investment projects for sale, lease purchase, and lease

1. In respect of social housing investment and construction projects that utilize public investment, developers of the projects shall be eligible for incentives under Point a and Point b Clause 2 of this Article. In respect of social housing investment and construction projects that utilize union funding, developers of the projects shall be eligible for incentives under Points a, b, e, g, and h Clause 2 of this Article.

2. Developers of social housing investment and construction projects that do not utilize funding under Clause 1 of this Article shall be eligible for the following incentives:

a) Developers are exempt from land rent, land levy for land area of the projects; are not required to determine land value, calculate land rent, land levy from which they have been exempt; are not required to apply for exemption from land rent and land levy, except for cases under Point d of this Clause;

b) Developers are eligible for preferential VAT, corporate income tax treatment in accordance with tax laws;

Developers are eligible for maximum profit of 10% of total investment in regard to area on which social housing is built;

d) Developers are allowed to reserve up to 20% of homestead land area within projects where technical infrastructure investment and construction has been implemented to facilitate investment and construction of service, mercantile, commercial housing property structures. Developers of social housing investment and construction projects may separately record expenditure and revenues, must not include investment of service, mercantile, and commercial housing property structures in price of social housing, and may receive all revenues generated by the service, mercantile, commercial housing property structures; in case of investment in commercial housing properties, developers shall incur land levy for area on which commercial housing properties are built in accordance with land laws.

If separate land fund for construction of service, mercantile, commercial housing property structures is not allocated in detail planning of social housing investment and construction projects approved by competent state authorities, project developers are allowed to reserve up to 20% of total floor area in the projects for service and mercantile purposes. Developers of social housing investment and construction projects may separately record expenditure and revenues, must not include costs for investment and construction of service and mercantile structures in social housing price, and may benefit from all revenues generated by the service and mercantile structures;

dd) Developers may apply for loans at a preferential rates; developers may, when building social housing for lease, apply for loans at a lower interest rate and for a longer term relative to when building social housing for sale, lease purchase according to regulations of Prime Minister from time to time;

e) Developers may receive support provided by provincial People’s Committees in connecting technical infrastructures of the projects to local technical infrastructures and ensuring consistency of social infrastructures inside and outside of the projects;

g) Provincial People’s Councils shall, depending on local conditions, promulgate regulations on support for local social housing investment and construction projects in accordance with their power and relevant law provisions;

h) Developers may benefit from other incentives as per the law (if any).

3. If developers of commercial housing property investment and construction projects directly invest in social housing construction in the commercial housing property investment and construction projects, the developers shall benefit from incentives in Clause 2 of this Article in regard to land area under Clause 2, Clause 3 Article 83 hereof where investment and construction is implemented by the developers .

4. Individuals shall be eligible for concessional loans under Clause 2 of this Article in order to build, renovate, repair houses and lease to social housing policy beneficiaries.

5. The Government shall elaborate Points c, d, and dd Clause 2 and Clause 3 of this Article.

Article 86. Rent, lease purchase price of social housing invested and built by using public investment and union funding

1. In case of social housing lease, rent shall be calculated in order to sustain housing maintenance costs; recoverable housing investment and construction costs for at least 20 years from the date on which lease agreement is signed.

2. In case of social housing lease purchase, lease purchase price shall be calculated in order to recover housing investment and construction costs for at least 5 years from the date on which lease purchase agreement is signed; maintenance costs incurred by buyer/tenant are not included.

3. Rent and lease purchase price of social housing shall not include incentives under Clause 1 Article 85 hereof.

4. Competent authorities under Article 14 hereof shall decide on rent and lease purchase price of social housing.

5. The Vietnam General Confederation of Labor shall decide on rent of social housing invested and built using union funding.

Article 87. Sale price, rent, lease purchase price of social housing invested and built not by using public investment, union funding

1. Sale price of social housing shall be determined as follows:

a) Calculate adequate recoverable costs of housing investment, including: social housing investment and construction costs, compensation, assistance, relocation costs, costs for technical infrastructure and social infrastructure investment and construction implemented by developers of social housing investment and construction projects (if any) within the project scope, unless these structures are built for business purposes or in order to be handed over to the Government according to approved project details; loan interests (if any); reasonable and legitimate costs of enterprises, including costs for organizing sale, enterprise management, expenditure accompanied by adequate invoices and instruments and directly related to investment and construction projects as per the law; nominal interests under Point c Clause 2 Article 85 hereof;

b) Do not include amounts mentioned under Points a, b, dd, g, and h Clause 2 Article 85 hereof and maintenance costs incurred by buyers in accordance with Article 152 hereof.

2. Rent of social housing shall be determined in accordance with Clause 1 of this Article.

3. Rent of social housing, including maintenance costs, shall be agreed upon by developers of social housing investment and construction projects with tenants according to price range stipulated by provincial People's Committees.

4. Developers of social housing investment and construction projects shall develop social housing rent and lease purchase price solutions in a manner that complies with principles under Clause 1 of this Article and submit to field-specific authorities of provincial People's Committees for appraisal on the date on which houses are eligible for sale, lease purchase in accordance with housing laws.

5. In respect of social housing invested and built by individuals, the rent shall conform to the price range stipulated by provincial People’s Committees.

6. The Government shall elaborate this Article.

Article 88. Rules in selling, lease-purchasing, leasing social housing

1. Sale, lease purchase, and lease of social housing shall conform to this Law.

2. Developers of social housing investment and construction projects may choose to sell, lease-purchase off-plan housing or sell, lease-purchase, lease existing houses. Developers of social housing investment and construction projects, upon selling and lease-purchasing houses, are not required to perform guarantee obligations for off-plan houses and are not required to go through real estate exchange.

3. The sale and lease purchase of off-plan social housing shall conform to requirements below:

a) Dossiers on housing investment and construction projects are produced, approved technical housing design is available, construction permit is produced if necessary;

b) Foundation has been built in accordance with construction laws, investment and construction of traffic, water supply, water drainage, domestic electricity, public lighting of houses to be sold, lease-purchased according to detail construction planning, design dossiers, and approved project schedule have been complete, redemption has been implemented if developers of social housing investment and construction projects mortgage these houses unless buyers, buyer/tenant and mortgagees agree to not require redemption;

c) Provincial social housing authorities have issued written notice on houses eligible for sale and lease purchase, except for social housing whose investment and construction utilizes public investment.

4. The sale, lease purchase, and lease of existing social housing of developers of social housing investment and construction shall satisfy requirements below:

a) Investment and construction of technical infrastructures and social infrastructures have been complete according to detail construction planning in areas where houses for sale, lease purchase, lease are located; if developers of social housing investment and construction projects mortgage houses, the developers must redeem the houses prior to selling, lease-purchasing these houses unless the buyers, buyer/tenant and mortgagees agree to not require redemption;

b) Provincial social housing authorities have issued written notice on houses eligible for sale, lease purchase, and lease, except for social housing whose investment and construction utilizes public investment;

c) Houses satisfy requirements under Points b and Point c Clause 1 Article 160 hereof.

5. Social housing built by individuals for lease shall only be required to satisfy requirements under Article 56 hereof.

6. Each entity under Clauses 1, 2, 3,4 , 5, 6, 8, 9, and 10 Article 76 hereof is only eligible for purchasing or lease-purchasing 1 social housing. Entities under Clause 7 Article 76 hereof are only eligible for purchasing or lease-purchasing 1 social housing or 1 housing for people’s armed forces.

7. Each entity under Clauses 1, 2, 3, 4, 5, 6, 8, 9, 10, and 11 Article 76 hereof, at any given time, is only allowed to rent 1 social housing. Entities under Clause 7 Article 76 hereof are only eligible for purchasing or lease-purchasing 1 social housing or 1 housing for people’s armed forces.

8. Tenants, buyers/tenants of social housing shall only accommodate themselves and their families during the duration of rent, lease purchase; if tenants, buyers/tenants no longer wish to rent, lease purchase social housing, they shall terminate contracts and hand over the housing.

9. Developers of social housing investment and construction projects may sell the housing in accordance with market mechanisms after 10 years from the date on which commissioning is implemented if the projects conform to construction planning, urban planning, and land laws. Said developers of social housing investment and construction projects shall incur land levy in accordance with regulations of the Government and other duties in accordance with tax laws. In respect of social housing that is also public housing, comply with Clause 2 Article 125 hereof.

10. If sale or lease purchase of social housing violates this Law in terms of eligible entities or eligibility for purchase and lease purchase of social housing, contracts for sale, lease purchase of property shall be void and the buyers and buyers/tenants must hand over the houses to developers of social housing investment and construction projects, social housing authorities; failure to hand over houses shall result in provincial People’s Committees where the social housing in question enforcing repossession of the social housing.

Handling of social housing purchase payment shall conform to civil laws; handling of lease purchase payment shall conform to Clause 1 Article 75 hereof; enforced repossession of social housing shall conform to regulations of the Government.

Article 89. Sale, lease purchase, lease of social housing

1. The sale of social housing shall conform to the following regulations:

a) The sale of off-plan social housing shall only be implemented upon compliance with Clause 3 Article 88 hereof; the sale of existing social housing shall only be implemented upon compliance with Clause 4 Article 88 hereof;

b) The sale of social housing shall be written into contracts compliant with Article 163 hereof;

c) Advance payment made by buyers of social housing shall conform to property sale contracts, completion rate of property, and approved project schedule; the initial advance payment shall not exceed 30% of contract value including deposit (if any); the sum of all installments shall not exceed 70% of contract value until social housing is handed over to buyers and shall not exceed 95% of contract value until buyers obtain certificate of the social housing;

d) Buyers of social housing are not allowed to resell the social housing in at least the first 5 years from the date on which purchase payment is settled, except for cases under Point dd of this Clause;

dd) Within 5 years from the date on which buyers of social housing that have settled social housing payment wish to resell the social housing, they can only resell the social housing to developers of social housing investment and construction projects or entities eligible for purchase of social housing at a maximum price equal to sale price of the social housing under sale contracts signed with developers of social housing investment and construction projects. Payment of personal income tax shall conform to tax laws;

e) After 5 years from the date on which buyers of social housing that have settled social housing payment wish to resell the social housing, the resellers can resell the social housing in accordance with market mechanisms to entities issued with certificate; the resellers are not required to pay land levy but are required to pay income tax in accordance with tax laws; if social housing for sale is single-family house, the resellers must incur land levy in accordance with regulations of the Government and pay income tax in accordance with tax laws.

2. Lease purchase of social housing shall conform to Point a and Point b Clause 1 of this Article and regulations below:

a) Minimum time limit for settling social housing lease purchase payment is 5 years from the date on which property lease purchase agreement is signed;

b) Buyers/tenants of social housing are not allowed to resell the social housing within 5 years from the date on which they settle property lease purchase payment within time limit under Point a of this Clause, except for cases under Point c of this Clause;

c) Within 5 years from the date on which buyers/tenants have settled social housing lease purchase payment and wish to resell the social housing, they are only to sell to housing authorities if social housing is invested in and built by using public investment or to developers of social housing investment if social housing is invested in and built not by using public investment or to entities eligible for purchase of social housing at a maximum price equal to sale price of social housing under sale contracts signed with housing authority or developers of social housing investment and construction projects. Payment of personal income tax shall conform to tax laws;

d) Within 5 years from the date on which buyers/tenants have settled lease purchase payment of social housing within the time limit under Point a of this Clause, buyers/tenants are allowed to resell the social housing in accordance with Point e Clause 1 of this Article.

3. Lease of social housing shall conform to the following regulations:

a) Lease of existing social housing shall be implemented if Clause 4 or Clause 5 Article 88 hereof are guaranteed;

b) The lease of social housing shall be written into contracts compliant with Article 163 hereof;

c) Rent contracts for off-plan social housing must not be signed. If a house meets all requirements under Point a and Point b Clause 3 Article 88 hereof, developers of social housing investment and construction projects are only allowed to sign deposit agreements and collect maximum rent deposit equal to 12 months of rent; the signing of deposit agreements shall meet requirements regarding eligible entities and eligibility for renting social housing under this Law; once social housing meets requirements under Clause 4 Article 88 hereof, developers of social housing investment and construction projects may sign lease agreements with tenants.

4. The Government shall elaborate procedures for selling, lease-purchasing, leasing social housing.

Article 90. Management of social housing operation

1. In respect of social housing invested in and built by using public investment, competent authorities under Point 14 hereof shall decide and choose entities managing housing operation in accordance with Clause 5 Article 125 hereof. In respect of social housing invested and built by using union funding, the Vietnam General Confederation of Labor shall choose entities managing housing operation within their powers; if at least 2 entities register, the Vietnam General Confederation of Labor may choose to adhere to bidding laws to decide on entities managing housing operation.

2. In respect of social housing invested in and built not by using public investment or union funding, housing operation management shall be regulated as follows:

a) In respect of social housing for lease, developers of social housing investment and construction projects shall manage housing operation or hire, authorize competent authority to manage housing operation;

b) In respect of social housing for lease purchase, within the duration of lease purchase, project developers shall manage housing operation in accordance with Point a of this Clause; once buyers/tenants have settled lease purchase payments to developers, operational management shall conform to Point c of this Clause;

c) In respect of social housing for sale, buyers shall manage the operation in case of single-family houses; or comply with regulation on apartment building operation management under this Law in case of apartment buildings.

3. Social housing operation management shall benefit from incentive regulations applicable to public services.

4. Entities managing social housing operation have the right to engage in other businesses not prohibited by the law in social housing complex in order to reduce housing operational management service costs.

Section 3. DEVELOPMENT OF WORKER HOUSING IN INDUSTRIAL PARKS

Article 91. Entities eligible for support policies regarding worker housing in industrial parks

1. Workers working in manufacturing enterprises, cooperatives, joint cooperatives in industrial parks.

2. Enterprises trading infrastructures in industrial parks; manufacturing enterprises, cooperatives, joint cooperatives in industrial parks investing in worker housing.

Article 92. Forms of worker housing development in industrial parks

1. Enterprises trading infrastructures in industrial parks invest in worker housing in industrial parks.

2. Manufacturing enterprises, cooperatives, joint cooperatives in industrial parks invest in construction of or rent worker housing in industrial parks to accommodate and lease to their workers.

Article 93. Eligibility for renting worker housing in industrial parks

1. Manufacturing enterprises, cooperatives, joint cooperatives in industrial parks must, in order to rent worker housing in industrial parks, sign contracts for lease of industrial park premise, be currently operating, engaging in business activities in the industrial parks, sign employment contracts with entities under Clause 1 Article 91 hereof.

2. Entities under Clause 1 Article 91 hereof must, in order to rent worker housing in industrial parks, sign employment contracts and obtain verification of manufacturing enterprises, cooperatives, joint cooperatives in industrial parks and enterprises trading infrastructures in industrial parks.

3. Developers of worker housing investment and construction projects in industrial parks shall approve entities eligible for rent of worker housing in industrial parks; if manufacturing enterprises, cooperatives, and joint cooperatives in industrial parks rent worker housing and lease to their employees, the manufacturing enterprises, cooperatives, joint cooperatives shall approve entities eligible for rent. Management boards of industrial parks are responsible for inspecting approval of entities eligible for renting worker housing in industrial parks.

Article 94. Planning and land fund allocation for worker housing development in industrial parks

1. Depending on provincial land use planning and provincial housing development programs and plans, during preparation and revision of industrial park construction planning, competent authority shall decide to allocate land fund from mercantile, service land reserve of industrial parks to facilitate worker housing in industrial parks and public service, utility structures serving workers of manufacturing enterprises, cooperatives, joint cooperatives in the industrial parks. Plots on which worker housing in industrial parks and public service, utility structures shall maintain environmental separation distance from manufacturing areas in industrial parks.

2. The Government shall regulate conditions for environmental safety, scale, percentage of land area for worker housing development in industrial parks.

Article 95. Type and requirements of worker housing development projects in industrial parks

1. Worker housing investment and construction projects in industrial parks consist of construction of new worker housing in industrial parks or new worker housing complex in industrial parks.

2. Worker housing investment and construction projects in industrial parks under Clause 1 of this Article must meet requirements below:

a) Conform to construction planning of industrial parks;

b) Satisfy housing demands of workers in industrial parks defined under provincial housing development programs and plans;

c) Ensure consistency of technical infrastructure and social infrastructure, adequate functional areas and spaces serving accommodation demands such as: healthcare, cultural activities, playgrounds, sports, services, mercantile, and public services;

d) Have fences, walkways separate from manufacturing areas in industrial parks, maintain security and safety;

dd) Environmental impact assessment in accordance with environmental protection laws.

3. Worker housing investment and construction projects in industrial parks shall be approved by management boards of industrial parks in terms of investment guidelines and investors in accordance with regulations applicable to housing investment and regulations projects according to investment laws; control quality, area standards, and rent of worker housing in industrial parks.

Article 96. Type and design, construction standards of worker housing in industrial parks

1. Type of apartment buildings conforms to detail construction planning approved by competent authority.

2. Design and construction conform to construction standards and regulations; prioritize new construction technology in order to reduce costs and save energy.

Article 97. Developers of worker housing investment and construction projects in industrial parks

1. Enterprises trading industrial park infrastructures shall identify worker housing demands in industrial parks, prepare and request competent authority to approve planning, invest in construction of technical infrastructure and social infrastructure of worker housing in industrial parks.

2. Upon completion of investment and construction of technical infrastructures and social infrastructures of worker housing, enterprises trading industrial park infrastructures shall either implement investment and construction by themselves or lease land to enable manufacturing enterprises, cooperatives, joint cooperatives in industrial parks to build worker housing in industrial parks.

Article 98. Incentives for developers of worker housing investment and construction projects in industrial parks and enterprises, cooperatives, joint cooperatives renting worker housing in industrial parks and leasing to their employees

1. Developers of worker housing investment and construction projects in industrial parks shall be eligible for incentives under Points a, b, dd, g, and h Clause 2 Article 85 hereof and incentives below:

a) Costs for investment and construction of technical infrastructures, social infrastructures of worker housing in industrial parks are included in industrial park infrastructure investment;

b) Costs for investment and construction of worker housing in industrial parks are deemed deductibles for the purpose of determining taxable income in accordance with corporate income tax laws.

2. If manufacturing enterprises, cooperatives, joint cooperatives sublet worker housing in industrial parks to their employees, worker housing rent shall be deemed reasonable costs in manufacturing costs for the purpose of determining corporate income tax in accordance with tax laws.

Article 99. Rent of worker housing in industrial parks

Rent of worker housing in industrial parks shall be negotiated by landlords and tenants in accordance with price range regulated by provincial People’s Committees.

Article 100. Rules in leasing and managing operation of worker housing in industrial parks

1. Rules in leasing worker housing in industrial parks:

a) A worker in industrial parks is allowed to rent 1 worker housing in industrial park at any time and is not allowed to sublet or transfer lease agreement;

b) Upon termination of employment contracts, tenants must hand over worker housing in industrial parks to the landlords;

c) Manufacturing enterprises, cooperatives, joint cooperatives in industrial parks shall only sublet worker housing in industrial parks to their employees.

2. Landlords are responsible for leasing worker housing in industrial parks to employees in the industrial parks.

3. Management of worker housing operation in industrial parks shall conform to Point a Clause 2 Article 90 hereof.

4. The Government shall elaborate leasing, management, and use of worker housing in industrial parks.

Section 4. HOUSING DEVELOPMENT FOR PEOPLE’S ARMED FORCES

Article 101. Entities eligible for support policies regarding housing for people’s armed forces

1. Entities under Clause 7 Article 76 hereof shall be eligible for support policies regarding housing for people’s armed forces.

2. The Minister of National Defense and Minister of Public Security shall promulgate forms proving eligibility for support policies regarding housing for people’s armed forces under their management.

Article 102. Housing development for people’s armed forces

The Ministry of National Defense and Ministry of Public Security are responsible for identifying housing demands in respect of entities under Clause 7 Article 76 hereof and sending to provincial People’s Committees for consolidation in provincial housing development plans.

Article 103. Forms of housing development for people’s armed forces

1. The Government shall invest in housing for people’s armed forces using public investment and enable entities under Clause 7 Article 76 hereof to rent, lease purchase.

2. The Government shall invest in housing for people’s armed forces using funding sources under Point b Clause 1 Article 113 hereof to enable entities under Clause 7 Article 76 hereof to rent, lease purchase.

3. Entities trading real estates shall fund construction of housing for people’s armed forces to enable entities under Clause 7 Article 76 hereof to purchase, lease purchase, rent.

Article 104. Land for housing development for people’s armed forces

Allocation of land for housing development for people’s armed forces from local land fund for social housing development under Article 83 hereof shall be decided by provincial People’s Committees, connected to local technical infrastructures and social infrastructures, suitable with life and work necessities of entities affiliated with people’s armed forces.

Article 105. Types and requirements of housing investment and construction projects for people’s armed forces; types and area standards of housing for people’s armed forces

1. Housing investment and construction projects for people’s armed forces consist of projects under Points a, b, c, dd, and e Clause 1 Article 30 hereof.

2. Housing investment and constructions projects for people’s armed forces shall satisfy requirements under Article 33 hereof and other requirements stipulated by the Minister of National Defense and Minister of Public Security. Handover of housing for people’s armed forces shall conform to Clause 3 and Clause 4 Article 37 hereof.

3. Developers of housing investment and construction projects for people’s armed forces shall build houses for sale, lease purchase, lease and are not allowed to transfer land use right to enable individuals to build houses.

4. Types and area standards of housing for people’s armed forces shall conform to Points a, b, and c Clause 1 Article 82 hereof.

Article 106. Developers of housing investment and construction projects for people’s armed forces

1. In respect of housing investment and construction projects for people’s armed forces that use funding sources under Clause 1 Article 113 hereof, developers of the projects shall be determined in accordance with public investment and construction laws.

2. In respect of housing investment and construction projects for people’s armed forces that do not use funding sources under Clause 1 of this Article, provincial People's Committees shall choose developers of the projects in accordance with Clause 4 Article 84 hereof.

3. Developers of housing investment and construction projects for people’s armed forces under Clause 2 of this Article have rights and obligations under Clause 5 and Clause 6 Article 84 hereof.

Article 107. Incentives for developers of housing investment and construction projects for people’s armed forces

1. Developers of housing investment and construction projects for people’s armed forces that use public investment shall be eligible for incentives under Point a and Point b Clause 2 Article 85 hereof.

2. Developers of housing investment and construction projects for people’s armed forces that do not use funding sources under Clause 1 of this Article shall be eligible for incentives under Clause 2 Article 85 hereof.

Article 108. Determining sale, lease purchase, rent price of housing for people’s armed forces

1. In respect of housing investment and construction projects for people’s armed forces that use public investment, determination of sale, lease purchase, and rent prices shall conform to Article 86 hereof.

2. In respect of housing investment and construction projects for people’s armed forces that do not use funding sources under Clause 1 of this Article, sale, lease purchase, and rent prices shall be determined in accordance with Clauses 1, 2, 3, and 4 Article 87 hereof.

Article 109. Rules of selling, lease-purchasing, and leasing housing for people’s armed forces and managing operation of housing for people’s armed forces

1. Selling, lease-purchasing, and leasing of housing for people’s armed forces shall conform to Article 88 and Article 89 hereof.

2. Managing of operation of housing for people’s armed forces shall conform to Article 90 hereof.

3. The Government shall elaborate procedures for selling, lease-purchasing, and leasing housing for people’s armed forces.

Section 5. SUPPORT POLICIES REGARDING HOUSING FOR HOUSEHOLDS AND INDIVIDUALS BUILDING OR RENOVATING, REPAIRING HOUSES BY THEMSELVES

Article 110. Support policies regarding housing for households and individuals building or renovating, repairing houses by themselves

1. The Government shall provide support for households and individuals under Clauses 1, 2, and 3 Article 76 hereof that build, renovate, repair houses by themselves in form of national target programs and public investment programs regarding housing.

2. Support policies regarding housing for entities under Clause 1 of this Article shall be implemented as follows:

a) Partial funding support from state budget;

b) Concessional loan capital from Bank for Social Policies;

c) Technical infrastructure and social infrastructure construction in rural areas where houses are located;

d) House gifting for entities that are still unable to afford housing improvement with support under Point a and Point b of this Clause.

3. The Government shall provide concessional loans via Bank for Social Policies, credit institutions designated by the Government to enable households and individuals under Clauses 1, 2, 3, 4, 5, 6, 7, and 8 Article 76 hereof to build, renovate, and repair houses.

4. Eligibility for concessional loans provided by the Government via Bank of Social Policies, credit institutions designated by the Government for entities under Clause 3 of this Article includes:

a) They currently own homestead land and do not own houses or do own damaged, deteriorated houses;

b) They have registered permanent residence in communes where their homestead land or houses to be built or renovated, repaired are located.

Article 111. Forms of support policies regarding housing for households and individuals building or renovating, repairing houses by themselves

1. The Government shall support households, individuals building, renovating, and repairing houses by themselves.

2. The Government shall organize construction, renovation, and repair of houses of entities under Clauses 1, 2, and 3 Article 76 hereof that are incapable of building, renovating, repairing houses.