Thông tư 07/2021/TT-BXD sửa đổi Thông tư 19/2016/TT-BXD và 02/2016/TT-BXD do Bộ trưởng Bộ Xây dựng ban hành

CIRCULAR

AMENDING SOME ARTICLES OF CIRCULAR NO. 19/2016/TT-BXD DATED JUNE 30, 2016 AND CIRCULAR NO. 02/2016/TT-BXD DATED FEBRUARY 15, 2016 BY MINISTER OF CONSTRUCTION

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

Pursuant to the Government’s Decree No. 99/2015/ND-CP dated October 20, 2015 on guidelines for the Law on Housing and Decree No. 30/2021/ND-CP dated March 26, 2021 amending a number of Articles of the Government’s Decree No.99/2015/ND-CP on guidelines for the Law on Housing;

Pursuant to the Government’s Decree No.81/2017/ND-CP dated July 17, 2017 on functions, duties, powers and organizational structure of the Ministry of Construction;  

At the request of General Director of Housing and Real Estate Market Management Agency;

The Minister of Construction hereby promulgates a Circular amending some Articles of Circular No. 19/2016/TT-BXD dated June 30, 2016 and Circular No. 02/2016/TT-BXD dated February 15, 2016.

Article 1. Amendments to and annulment of some Articles of Circular No. 19/2016/TT-BXD dated June 30, 2016 on guidelines for implementation of some content of the Law on Housing and Decree No. 99/2015/ND-CP dated October 20, 2015 on guidelines for the Law on Housing

1. Clause 5 Article 3 is amended as follows:

 “5. Funding for formulation and revision of a local housing development plan shall be determined as follows:

a) Funding for formulation of a 5-year housing development plan or housing development plan of the first year of a program shall not exceed 50% of the total funding for formulation of a new housing development program determined at the time of estimate calculation; funding for research on revision of a 5-year housing development plan shall not exceed 60% of the total funding for formulation of a housing development plan according to regulations of this Point;

b) Funding for formulation of an annual housing development plan (except for that of the first year of a program) shall not exceed 20% of the total funding for formulation of a new housing development program determined at the time of estimate calculation; funding for revision of an annual housing development plan shall not exceed 60% of the total funding for formulation of an annual housing development plan according to regulations of this Point.

2. Article 3a is added after Article 3 as follows:

 “Article 3a. Criteria for housing demand determination for formulation of housing development programs and plans

For formulation of a local housing development program and plan, housing demand shall be determined based on the following criteria:

1. Housing development targets and requirements in the national housing development strategy approved by the Prime Minister.

2. Targets related to housing development in provincial planning and local construction planning during performance of the housing development program and plan approved by the competent authority.

3. Land allocated for housing development in local land use plan and construction planning approved by the competent authority.

4. Floor area demand of each entity in the locality according to regulations of Article 49 of the Law on Housing.

5. Housing support policies and mechanisms promulgated by the State at the time of research and formulation of the housing development program and plan.

6. Actual state of local floor area provided by the competent authority at the time of formulation of the housing development program and plan; actual states of commercial housing, social housing, housing for official business, housing for relocation, housing for poor households in rural areas and housing for other entities for the previous 5- or 10-year period.

7. Actual states of local population and per capita income at the time of program and plan formulation, expected natural population growth and population change provided by the competent authority during performance of the housing development program and plan.

8. Expected financial capacity of local budget for supporting construction of housing for those eligible for social housing policies."

3. Article 4, Article 5, Article 6, Article 7, Article 8, Clause 1 Article 9, Article 11, contents related to investment following the build-transfer (BT) method in Points b and c Clause 2 Article 13, Point b Clause 2 Article 17, “giá thuê mua” (“lease purchase price”) phase in Clause 2 Article 20, Clause 1 Article 21 and Appendixes No. 02, 03, 04, 05 and 06 of Circular No. 19/2016/TT-BXD dated June 30, 2016 by the Minister of Construction on guidelines for implementation of some content of the Law on Housing and Decree No. 99/2015/ND-CP dated October 20, 2015 on guidelines for the Law on Housing are annulled.

Article 2. Amendments to regulation on management and use of apartment buildings in Circular No. 02/2016/TT-BXD dated February 15, 2016 on regulation on management and use of apartment buildings

Point e Clause 4 Article 8 of the regulation on management and use of apartment buildings enclosed with Circular No. 02/2016/TT-BXD dated February 15, 2016 on regulation on management and use of apartment buildings is annulled.

Article 3. Implementation clause

1. This Circular comes into force from August 15, 2021.

2. Projects whose investment in construction is completed or on-going projects on investment in construction of social housing and housing for relocation following the BT method may apply methods and formulas for calculation of leasing and lease purchase prices of social housing and housing for relocation according to regulations of Circular No. 19/2016/TT-BXD.

3. Any difficulty arising during the implementation of this Circular should be promptly reported to the Ministry of Construction for guidance or amendment./.