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The City People’s Committee has just issued Official Letter No. 3615/UBND-SXD dated June 14, 2021, guiding the implementation of Decree No. 49/2021/ND-CP dated April 1, 2021, of the Vietnam Government amending and supplementing some Article of Decree No. 100/2015/ND-CP dated October 20, 2015, of the Government on the development and management of social housing.
Accordingly, the Decree requests that departments and branches; People’s Committees of districts, wards, and communes; specialized construction investment project management boards; investors, organizations, and individuals related to housing investment, construction, sale, rent, lease-purchase, housing management, and operation in the city need to research, disseminate and properly implement provisions of Decree No. 49/2021/ND-CP of the Government.
In which, based on Clause 1, Article 1 of Decree No. 49/2021/ND-CP of the Government, the approval of investment policies for investment projects on social housing construction is implemented under regulations of the law on investment; supplement the content collected from the state management agency in charge of housing.
Land fund regulations
According to Clauses 4 and 5, Article 1 of Decree No. 49/2021/ND- Government’s Government, for regulations on the land fund for social housing development for investment projects to build commercial houses and urban areas, investment projects on construction of commercial houses and urban areas with a land-use scale of 2 hectares or more in special grade and grade I urban centers or 5 hectares or more in urban areas of type II and III must reserve 20% of the total residential land area in detailed planning projects approved by competent agencies and has been invested in building a technical infrastructure system for social housing construction.
In case of investment projects on construction of commercial houses and urban areas with a land-use scale of fewer than 2 hectares in special grade and grade I urban centers or less than 5 hectares in grade II and grade III urban centers, the investor is not required to set aside 20% of the land fund and is obliged to pay land use levy for the entire land area of the project under the land law.
In case the land fund is required to allocate 20% of the land fund for construction of social housing according to regulations but it is no longer suitable, the People’s Committee of the province must report it to the Prime Minister for consideration and approval.
Important notes on the development and management of social housing
In addition, it should be noted that Clause 7, Article 1 of Decree No. 49/2021/ND-CP supplements the regulation assigning “The Ministry of Construction provides guidance on conditions and criteria for selecting investors in social housing construction investment projects.”; transitional regulations according to Article 2 of Decree No. 49/2021/ND-CP of the Government.
In particular, it should also be noted that the regulations on the sale, lease, and lease-purchase of social housing that are built with non-budget capital, such as the appraisal of sale, lease, or lease-purchase prices of social housing; regulations, order, and procedures, dossiers; principles, criteria for consideration… are amended and supplemented from Clauses 12 to 17, Article 1 of Decree No. 49/2021/ND-CP of the Government.
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