Nghị định 192/2025/NĐ-CP hướng dẫn Nghị quyết 201/2025/QH15 thí điểm về cơ chế, chính sách đặc thù phát triển nhà ở xã hội

DECREE

ON ELABORATION OF AND GUIDELINES FOR IMPLEMENTATION OF THE NATIONAL ASSEMBLY’S RESOLUTION NO. 201/2025/QH15 DATED MAY 29, 2025, ON PILOT IMPLEMENTATION OF CERTAIN SPECIAL MECHANISMS AND POLICIES FOR SOCIAL HOUSING DEVELOPMENT

Pursuant to the Law on Organization of the Government dated February 18, 2025;

Pursuant to the Housing Law dated November 27, 2023; the Law on Amendments to a Number of Articles of the Land Law No. 31/2024/QH15, the Housing Law No. 27/2023/QH15, the Law on Real Estate Business No. 29/2023/QH15, and the Law on Credit Institutions No. 32/2024/QH15 dated June 29, 2024;

Pursuant to the National Assembly’s Resolution No. 201/2025/QH15 dated May 29, 2025, on pilot implementation of certain special mechanisms and policies for social housing development;

At the request of the Minister of Construction;

The Government hereby promulgates this Decree on elaboration of and guidelines for implementation of the National Assembly’s Resolution No. 201/2025/QH15 dated May 29, 2025, on pilot implementation of certain special mechanisms and policies for social housing development.

Chapter I

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Article 1. Scope

This Decree elaborates a number of articles of and provides guidelines for implementation of the National Assembly’s Resolution No. 201/2025/QH15 dated May 29, 2025, on pilot implementation of certain special mechanisms and policies for social housing development (hereinafter referred to as Resolution No. 201/2025/QH15), as follows:

1. Elaboration of a number of articles of Resolution No. 201/2025/QH15, including:

a) Assignment of project owners, approval of investment policy concurrently with assignment of project owners without tendering for social housing construction projects and housing projects for the people’s armed forces not funded by public investment, under Article 5;

b) Procedures for investment in construction of social housing under Clauses 2 and 3 Article 7;

c) Determination of sale prices and hire-purchase prices of social housing under Article 8.

2. Provisions on implementation measures under the competence of the Government, including:

a) Principles for application of this Decree;

b) Provisions on inspection, supervision, prevention of loopholes, corruption, negative practices, and policy abuse; inspection, supervision, and quality control of social housing works;

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d) Responsibilities for implementation and enforcement measures.

Article 2. Principles for application of this Decree

1. Where there are different provisions on the same matter between this Decree and other resolutions or decrees of the Government, the provisions of this Decree shall prevail, except as provided for in Clause 2 of this Article.

2. Where other legal normative documents contain provisions more favorable than this Decree, the regulated entities of this Decree may choose to apply such legal normative documents.

Article 3. Interpretation of terms

1. The “equivalent legal document” referred to in this Decree means a document equivalent to an approval of investment policy or investment approval, including: investment licenses, investment incentive certificates, investment certificates, investment registration certificates, or documents/decisions of competent state authorities deciding on investment policy, permitting or approving investment, investment decisions, or project approvals in accordance with the laws on investment, land, construction, housing, urban development, bidding, or enterprises, which remain valid at the time of issuance of such equivalent legal document.

2. The “competent authority to assign project owners” referred to in this Decree means the Province-level People’s Committee, in case of assignment of project owners and approval of investment policy concurrently with assignment of project owners of social housing construction projects; or the Ministry of National Defense and the Ministry of Public Security, in case of assignment of project owners and approval of investment policy concurrently with assignment of project owners of housing construction projects for the people’s armed forces.

Article 4. General principles on administrative procedures under this Decree

1. Receipt of applications and settlement of administrative procedures shall be carried out as follows:

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b) The application-receiving authority shall be responsible for examining the validity of the application and must not require submission of documents other than those prescribed in the application under this Decree;

c) The authorities or persons competent to settle administrative procedures shall only be responsible for the matters on which they provide opinions, appraise, approve, or decide as prescribed in this Decree; they shall not be responsible for matters already approved, appraised, or decided by other competent authorities or persons.

2. Applications (01 set) shall be submitted in one of the following forms:

a) Submission in person;

b) Via postal service;

c) By sending electronic files containing copies of original application components through online public services. Where files are too large to be transmitted via online public services, they shall be submitted in person or via postal service.

3. Where applications are submitted in person or via postal service, the receiving authority must sign a record of receipt, specifying the date and time of receipt. Documents in the application must be originals or valid copies as prescribed by law.

4. For application components containing information already available in the national population database or specialized databases, such information shall be replaced by personal identification numbers or specialized codes once such databases are operational.

Chapter II

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Article 5. Conditions for assignment of project owners; priority criteria in case of two or more investors requesting assignment of project owners

1. Conditions for assignment of project owners: an investor must satisfy the conditions applicable to real estate business entities as prescribed in Clauses 1 and 2 Article 9 of the Law on Real Estate Business No. 29/2023/QH15, as amended by Law No. 43/2024/QH15. In case of joint venture investors, the investor nominated by the joint venture to act as project owner must satisfy all conditions prescribed in this Clause.

2. Priority criteria for assignment of project owners in case two or more investors satisfy the conditions for assignment of project owners are as follows:

a) Financial capacity criterion: priority shall be given to the investor with higher equity capital allocated to the project as prescribed by the law on real estate business. In case of joint venture investors, financial capacity shall be determined based on the total equity capital allocated to the project by all joint venture members;

b) Experience criterion: priority shall be given to the investor with more experience as project owner that has completed a greater number of housing construction projects, with land use scale and total investment equivalent to or greater than the proposed project. In case of joint venture investors, experience shall be determined based on the experience of the investor nominated by the joint venture to act as project owner;

c) The investor is a state-owned enterprise as prescribed by the law on enterprises.

3. Assignment of project owners shall be determined in order of priority from Point a to Point c Clause 2 of this Article.

Article 6. Assignment of project owners without tendering in case of social housing construction projects that have obtained approval of investment policy, investment approval, or have equivalent legal documents

1. For social housing construction projects proposed by investors that have already obtained approval of investment policy, investment approval, or have equivalent legal documents in accordance with law prior to the effective date of this Decree: If the proposing investor requests assignment as project owner, the project owner shall submit an application as prescribed in Points a and b Clause 3 of this Article to the Department of Construction for appraisal of the matters specified in Point a Clause 4 of this Article.

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If within 60 days from the effective date of this Decree the investor proposing the project does not request assignment as project owner, or requests but fails to meet the conditions for assignment of project owner as prescribed in Clause 1 Article 5 of this Decree, the assignment of project owner shall be carried out in accordance with the case specified in Clause 2 of this Article.

2. For projects prepared by competent state authorities and obtained approval of investment policy, investment approval, or having equivalent legal documents prior to the effective date of this Decree, the assignment of project owners shall be carried out as follows:

a) The Province-level People’s Committee shall direct the Department of Construction to publicly disclose the approval of investment policy, investment approval, or equivalent legal documents on the Department of Construction’s website and on the web portal of the Province-level People’s Committee for a period of 30 days for investors to submit participation requests;

b) Investors requesting assignment as project owners shall submit applications as prescribed in Clause 3 of this Article to the Department of Construction for appraisal. Within 15 days from the expiry date of disclosure as prescribed in Point a of this Clause: if there is only 1 investor submitting a request, the Department of Construction shall be responsible for appraisal of the matters specified in Point a Clause 4 of this Article; if there are at least 2 investors submitting requests, the Department of Construction shall be responsible for appraisal of the matters specified in Clause 4 of this Article.

The Department of Construction shall submit to the Province-level People’s Committee for decision on assignment of project owner. Within 7 days from the date of receipt of the application and appraisal report, the Province-level People’s Committee shall be responsible for issuing a decision on assignment of project owner.

3. Interested investors shall submit applications for assignment as project owners to the Department of Construction of the locality where the project is located, including:

a) Written request for assignment as project owner;

b) Documents and materials proving satisfaction of the conditions for assignment of project owners as prescribed in Clause 1 Article 5 of this Decree;

c) Documents proving the priority criteria as prescribed in Clause 2 Article 5 of this Decree (if any).

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a) Satisfaction of the conditions for assignment of project owners as prescribed in Clause 1 Article 5 of this Decree;

b) Assessment of criteria and order of priority as prescribed in Clauses 2 and 3 Article 5 of this Decree, in cases where at least 2 investors request assignment of project owners.

5. The decision on assignment of project owners shall include the following: names of investors in the joint venture (if any); name of the project owner; objectives; location, scale, preliminary total investment amount or total investment capital, schedule, project implementation duration; preferential mechanisms and support policies; responsibilities of the project owner and relevant authorities and organizations.

Article 7. Procedures for approval of investment policy concurrently with assignment of project owners in case social housing construction projects have not obtained approval of investment policy, investment approval, or equivalent legal documents

1. Where an investor has land use rights in accordance with the land law through agreement on receipt of land use rights, or is holding land use rights over part or all of the project land area, or where the proposed project has not yet been publicly disclosed under Clause 2 of this Article but is consistent with approved urban and rural planning by competent authorities, or where the land lot has been identified for social housing development, the procedures for approval of investment policy concurrently with assignment of project owners shall be carried out as follows:

a) The investor shall submit an application for approval of investment policy concurrently with assignment of project owners as prescribed in Points a, b, and d Clause 3 of this Article to the Department of Construction;

b) Within 30 days from the date of receipt of the investor’s application, the Department of Construction shall take the lead and coordinate with the Department of Finance, the Department of Agriculture and Environment, the Department of Planning and Architecture (if any), and the Commune-level People’s Committee where the project is located, to appraise the application in accordance with Points a and c Clause 5 of this Article, and submit to the Province-level People’s Committee for issuance of a decision approving investment policy concurrently with assignment of project owners if conditions are satisfied; in case the application fails to satisfy the conditions, the Department of Construction must provide a written notice stating the reasons.

Within 7 days from the date of receipt of the application and the appraisal report, the Province-level People’s Committee shall be responsible for issuing a decision approving investment policy concurrently with assignment of project owners.

2. Except for the case specified in Clause 1 of this Article, the Province-level People’s Committee shall assign the Department of Construction to take the lead and coordinate with the Department of Finance, the Department of Agriculture and Environment, the Department of Planning and Architecture (if any), and the Commune-level People’s Committee where the project is located, to prepare and submit to the Province-level People’s Committee for decision on disclosure of information on projects identified for social housing construction, to be published on the web portal of the Province-level People’s Committee and the website of the Department of Construction for 30 days. The Department of Construction may hire experts, organizations, or individuals to prepare project information.

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When disclosing project information, the time limit for receipt of applications, the address of the receiving authority, and the forms of application receipt must be clearly stated.

3. Interested investors shall submit applications for approval of investment policy concurrently with assignment of project owners to the Department of Construction of the locality where the project is located, including:

a) Written request for approval of investment policy concurrently with assignment of project owners;

b) Documents and materials proving satisfaction of the conditions for assignment of project owners as prescribed in Clause 1 Article 5 of this Decree;

c) Documents proving priority criteria as prescribed in Clause 2 Article 5 of this Decree (if any).

d) Where an investor proposes a project as prescribed in Clause 1 of this Article, supplementary project explanatory documents must be provided with information specified in Clause 2 of this Article; where the investor proposes a project with information differing from that specified in Clause 2 of this Article, supplementary explanatory documents on other project matters must be provided.

4. Within 15 days from the date of expiry of public disclosure of project information, the Department of Construction shall organize appraisal of the application and submit it to the Province-level People’s Committee in accordance with the following provisions:

a) Where there is only 1 investor satisfying the appraisal matters prescribed in Points a and c Clause 5 of this Article, the Department of Construction shall submit to the Province-level People’s Committee for issuance of a decision approving investment policy concurrently with assignment of project owners with the matters prescribed in Clause 6 of this Article, within 7 days from the date of appraisal report;

b) Where there are at least 2 investors satisfying the appraisal matters prescribed in Clause 5 of this Article, the Department of Construction shall evaluate according to the criteria and order of priority prescribed in Clauses 2 and 3 Article 5 of this Decree and submit to the Province-level People’s Committee for issuance of a decision approving investment policy concurrently with assignment of project owners with the matters prescribed in Clause 6 of this Article, within 7 days from the date of appraisal report.

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a) Satisfaction of the conditions for assignment of project owners as prescribed in Clause 1 Article 5 of this Decree;

b) Evaluation of criteria and order of priority as prescribed in Clauses 2 and 3 Article 5 of this Decree, in cases where at least 2 investors requesting assignment of project owners satisfy the conditions prescribed in Clause 1 Article 5 of this Decree;

c) Consistency of the project with the objectives and targets for social housing development approved by competent authorities, or with urban and rural planning, or with the identified land location for social housing development; preliminary total investment or total investment capital; and project implementation schedule, in cases where the investor proposes the project or proposes information differing from publicly disclosed project information.

6. The decision on approval of investment policy concurrently with assignment of project owners shall include: names of investors in the joint venture (if any); name of the project owner; objectives; location, scale, preliminary total investment amount or total investment capital, schedule, project implementation duration; preferential mechanisms and support policies; responsibilities of the project owner and relevant authorities and organizations.

7. Where the land location does not exist or does not conform to urban and rural planning, and no housing development programs or plans are available, then after the decision on approval of investment policy concurrently with assignment of project owners, the Province-level People’s Committee shall be responsible for preparing, updating, and adjusting housing development programs and plans, and urban and rural planning as the basis for preparation, appraisal, and approval of feasibility study reports on construction investment or construction investment economic-technical reports, and for implementation of subsequent project steps.

Article 8. Assignment of project owners without tendering for housing construction projects for the people’s armed forces that have obtained approval of investment policy

1. For housing construction projects for the people’s armed forces proposed by investors that have obtained approval of investment policy by competent authorities from the effective date of the Housing Law No. 27/2023/QH15 until before the effective date of this Decree, or in the case specified in Clause 2 Article 12 of Resolution No. 201/2025/QH15, if the investor requests assignment as project owner, the project owner shall submit an application as prescribed in Points a and b Clause 3 Article 6 of this Decree to the Ministry of National Defense or the Ministry of Public Security for appraisal and decision on assignment of project owner.

The Ministry of National Defense and the Ministry of Public Security shall assign their specialized housing authorities to appraise applications within 15 days from the date of receipt of applications.  The appraisal matters shall comply with Point a Clause 4 Article 6 of this Decree. The Minister of National Defense and the Minister of Public Security shall decide on assignment of project owners within 7 days from the date of the appraisal report.

If within 60 days from the effective date of this Decree the investor proposing the project does not request assignment as project owner, or requests but fails to meet the conditions for assignment of project owner as prescribed in Clause 1 Article 5 of this Decree, the assignment of project owner shall be carried out in accordance with the case specified in Clause 2 of this Article.

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a) The Ministry of National Defense and the Ministry of Public Security shall assign their specialized housing authorities to publicly disclose the written investment policy approval on the Ministry of National Defense’s or Ministry of Public Security’s web portal for 30 days for investors to submit requests to participate;

b) Investors requesting assignment as project owners shall submit applications as prescribed in Clause 3 Article 6 of this Decree to the Ministry of National Defense or the Ministry of Public Security for appraisal and decision on assignment of project owners.

The Ministry of National Defense and the Ministry of Public Security shall assign their specialized housing authorities to appraise the applications requesting assignment of project owners. Within 15 days from the expiry date of public disclosure as prescribed in Point a of this Clause: if there is only 1 investor submitting a request, the specialized housing authority under the Ministry of National Defense or the Ministry of Public Security shall conduct appraisal with matters as prescribed in Point a Clause 4 Article 6 of this Decree; if there are at least 2 investors submitting requests, the specialized housing authority under the Ministry of National Defense or the Ministry of Public Security shall conduct appraisal with matters as prescribed in Clause 4 Article 6 of this Decree.

The Minister of National Defense and the Minister of Public Security shall decide on assignment of project owners within 7 days from the date of the appraisal report.

3. The decision on assignment of project owners shall include the following: names of investors in the joint venture (if any); name of the project owner; objective (investment in construction of housing for the people’s armed forces); location, scale, preliminary total investment amount or total investment capital, project schedule and duration; preferential mechanisms and support policies; responsibilities of the project owner and relevant authorities and organizations.

Article 9. Procedures for approval of investment policy concurrently with assignment of project owners in case housing construction projects for the people’s armed forces have not obtained approval of investment policy

1. Based on the housing demand of the people’s armed forces under their management, the Ministry of National Defense and the Ministry of Public Security shall reach agreement with the Province-level People’s Committee on land locations, including defense and security land funds already planned for conversion out of defense and security land, for investment in housing construction for the people’s armed forces.

2. The agreement on land locations for investment in housing construction for the people’s armed forces shall be carried out as follows:

a) Based on provincial housing development programs and plans or urban and rural planning, and the housing demand of the people’s armed forces under their management, the Ministry of National Defense and the Ministry of Public Security shall prepare a written proposal on land locations, including defense and security land funds already planned for conversion out of defense and security land for investment in housing construction for the people’s armed forces, and send it to the Province-level People’s Committee for agreement on land locations for such investment;

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c) The written agreement of the Province-level People’s Committee shall include: land location; information on urban and rural planning; current land use status; and other information (if any).

Where the land location does not exist or does not conform to urban and rural planning, or there are no housing development programs or plans, then after issuance of a written agreement on land location for investment in housing construction for the people’s armed forces, the Province-level People’s Committee shall be responsible for organizing or directing the preparation, appraisal, approval, updating, and adjustment of housing development programs and plans and urban and rural planning, as a basis for preparation, appraisal, and approval of feasibility study reports on construction investment or construction investment economic-technical reports, and for subsequent project implementation steps.

3. After the Province-level People’s Committee issues a written agreement on land location for investment in housing construction for the people’s armed forces, the Ministry of National Defense and the Ministry of Public Security shall assign their specialized housing authorities to take the lead in preparing project information and soliciting opinions from the Province-level People’s Committee where the project is located.  The Province-level People’s Committee where the project is located shall provide written agreement or disagreement within 15 days from the date of receipt of the written request for opinion from the Ministry of National Defense or the Ministry of Public Security; in case of disagreement, reasons must be clearly stated.

After obtaining the written agreement of the Province-level People’s Committee, the specialized housing authority under the Ministry of National Defense or the Ministry of Public Security shall be responsible for submitting to the Ministry of National Defense or the Ministry of Public Security for decision on public disclosure of project information, to be published on the Ministry’s web portal for 20 days. The specialized housing authority under the Ministry of National Defense or the Ministry of Public Security may hire experts, organizations, or individuals to prepare project information.

Project information shall include: project name; land location; objectives (investment in housing construction for the people’s armed forces); preliminary scale and current land use status; information on urban and rural planning; preliminary total investment or total investment capital; project implementation schedule; preferential mechanisms and support policies for project owners.

When disclosing project information, the time limit for receipt of applications, the address of the receiving authority, and the forms of application receipt must be clearly stated.

4. Interested investors shall submit applications for approval of investment policy concurrently with assignment of project owners to the Ministry of National Defense or the Ministry of Public Security, including:

a) Written request for approval of investment policy concurrently with assignment of project owners;

b) Documents and materials proving satisfaction of the conditions for assignment of project owners as prescribed in Clause 1 Article 5 of this Decree;

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d) Where the investor proposes a project with information differing from that specified in Clause 2 of this Article, supplementary explanatory documents on other project matters.

5. Within 15 days from the expiry date of public disclosure of project information, the specialized housing authority under the Ministry of National Defense or the Ministry of Public Security shall conduct appraisal and submit to the Minister of National Defense or the Minister of Public Security in accordance with the following provisions:

a) Where there is only 1 investor satisfying the appraisal matters prescribed in Points a and c Clause 6 of this Decree, the specialized housing authority under the Ministry of National Defense or the Ministry of Public Security shall submit to the Minister of National Defense or the Minister of Public Security for issuance of a decision on approval of investment policy concurrently with assignment of project owners in accordance with Clause 7 of this Decree, within 7 days from the date of the appraisal report;

b) Where there are at least 2 investors satisfying the appraisal matters prescribed in Clause 6 of this Decree, the specialized housing authority under the Ministry of National Defense or the Ministry of Public Security shall evaluate according to the criteria and order of priority prescribed in Clauses 2 and 3 Article 5 of this Decree, and submit to the Minister of National Defense or the Minister of Public Security for issuance of a decision on approval of investment policy concurrently with assignment of project owners in accordance with Clause 7 of this Decree, within 7 days from the date of the appraisal report.

6. Appraisal matters for approval of investment policy concurrently with assignment of project owners include:

a) Satisfaction of the conditions for assignment of project owners as prescribed in Clause 1 Article 5 of this Decree;

b) Evaluation of criteria and order of priority as prescribed in Clauses 2 and 3 Article 5 of this Decree, in cases where at least 2 investors request assignment of project owners;

c) Consistency of the investor’s proposal differing from publicly disclosed project information with the objectives and targets for social housing development approved by competent authorities, or with urban and rural planning, or with the identified land location for social housing development, in cases where the project owner proposes information differing from publicly disclosed project information.

7. The decision on approval of investment policy concurrently with assignment of project owners shall include: names of investors in the joint venture (if any); name of the project owner; objective (investment in construction of housing for the people’s armed forces); location, scale, preliminary total investment amount or total investment capital, project schedule and duration; preferential mechanisms and support policies; responsibilities of the project owner and relevant authorities and organizations.

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9. Investment projects for housing construction for the people’s armed forces may be implemented in phases, appropriate to the specific characteristics and development of the people’s armed forces, based on proposals and decisions of the Ministry of National Defense and the Ministry of Public Security, and consistent with housing development programs and plans, and with urban and rural planning timelines.

Article 10. Adjustment of decisions on assignment of project owners and decisions approving investment policy concurrently with assignment of project owners

1. For social housing projects and housing projects for the people’s armed forces that have been assigned project owners and obtained approval of investment policy concurrently with assignment of project owners under this Decree, where changes arise during project implementation affecting the matters of such decisions, the project owner may decide on adjustments on its own and must ensure compliance with relevant laws, except for the cases specified in Clauses 2 and 3 of this Article.

2. Cases subject to procedures for adjustment of decisions on assignment of project owners and decisions approving investment policy concurrently with assignment of project owners include:

a) Change of conditions applicable to project owners;

b) Change of project objectives;

c) Change of land use area by more than 10% or more than 10 hectares, or change of project location;

d) Extension of project implementation schedule where the total project implementation time exceeds 12 months compared with the schedule stated in the decision on assignment of project owners or the decision on approval of investment policy concurrently with assignment of project owners.

3. Where, after being assigned as project owners, joint venture investors establishes an economic organization to implement the project, such economic organization must be wholly owned (100% charter capital) by the investors in the joint venture; must satisfy the conditions prescribed in Clause 1 Article 5 of this Decree; must satisfy the conditions for land allocation or land lease under the land law; and must comply with conditions on establishment, management, operation, and dissolution under the enterprise law.

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Where such cases arise, procedures for adjustment of decisions on assignment of project owners and adjustment of decisions approving investment policy concurrently with assignment of project owners must be carried out in accordance with Clause 4 of this Article.

4. Procedures for adjustment of decisions on assignment of project owners and adjustment of decisions approving investment policy concurrently with assignment of project owners:

a) The project owner shall be responsible for submitting an application to the competent authority assigning the project owner. The application includes: a written request for adjustment of the decision on assignment of project owners or the decision on approval of investment policy concurrently with assignment of project owners; documents and materials reflecting the proposed changes specified in Clause 2 or Clause 3 of this Article;

b) The Province-level People’s Committee shall assign the Department of Construction, and the Ministry of National Defense and the Ministry of Public Security shall assign their specialized housing authorities, to appraise the application of the project owner within 30 days from the date of receipt of the application;

c) Within 7 days from the date of the appraisal report, the competent authority assigning the project owner shall adjust the decision on assignment of project owners or the decision on approval of investment policy concurrently with assignment of project owners; in case adjustment is not approved, reasons must be clearly stated.

5. Appraisal matters:

a) Satisfaction of the conditions applicable to project owners as prescribed in Clause 1 Article 5 of this Decree, in the case specified at Point a Clause 2 of this Article;

b) Consistency of the proposed changes specified at Point b, Point c, or Point d Clause 2 of this Article with urban and rural planning, and with housing development programs and plans;

c) For the case specified in Clause 3 of this Article, appraisal matters shall include:  satisfaction of the conditions applicable to project owners as prescribed in Clause 1 Article 5 of this Decree; satisfaction of the conditions for land allocation or land lease under the land law; and satisfaction of conditions on establishment, management, operation, and dissolution of economic organizations under relevant laws; and compliance with the requirement that the capital contribution ratio of the investor assigned as project owner in the economic organization must be higher than that of other investors in the joint venture.

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INVESTMENT PROCEDURES FOR CONSTRUCTION AND DETERMINATION OF SALE PRICES AND HIRE-PURCHASE PRICES OF SOCIAL HOUSING

Article 11. Procedures for investment in construction of social housing

1. Integration of procedures for appraisal of fire prevention and fighting design by the specialized construction authority, in accordance with the law on fire prevention, fighting, and rescue, into procedures for issuance of construction permits under Clause 2 Article 7 of Resolution No. 201/2025/QH15 shall be carried out in cases where construction permits are required under the construction law.

2. Applications for issuance of construction permits under this Decree shall include: documents in the application for appraisal of fire prevention and fighting design by the specialized construction authority as prescribed by the law on fire prevention, fighting, and rescue; and documents in the application for issuance of construction permits as prescribed by the construction law, excluding results of administrative procedures as prescribed by the law on fire prevention, fighting, and rescue.

3. Matters of examination and assessment of applications for issuance of construction permits shall include:

a) Compliance with laws on preparation and verification of construction designs; construction practice capacity conditions of organizations and individuals participating in survey, design, and verification of designs;

b) Consistency of construction designs with urban and rural planning approved by competent authorities;

c) Examination of verification results by consultancy organizations regarding compliance with requirements for construction safety, compliance with technical regulations, and compliance with laws on application of standards in design, in cases where design verification is required under the construction law;

d) Examination of compliance with requirements for construction safety, compliance with technical regulations, and compliance with laws on application of standards in design, in cases where design verification is not required under the construction law;

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e) Results of completion of procedures on Environmental Impact Assessment reports or environmental permits as prescribed by the law on environmental protection (if required by law).

Environmental protection procedures shall be implemented concurrently, without requiring mandatory submission of such documents at the time of submission of the application for issuance of construction permits, but results must be sent to the competent construction permitting authority at least 05 days before the issuance of construction permits;

g) Other requirements as prescribed by relevant laws;

h) Conditions for issuance of construction permits as prescribed by the construction law.

4. The authority competent to issue construction permits shall carry out the procedures for issuance of construction permits in accordance with the construction law and issue construction permits within 30 days from the date of receipt of a complete and valid application.

5. Appraisal of fire prevention and fighting designs by the police authority shall be conducted in accordance with the law on fire prevention, fighting, and rescue.

6. Social housing construction projects shall not be subject to appraisal of feasibility study reports on construction investment by the specialized construction authority as prescribed by the construction law. Project owners and project owners shall organize appraisal and approval of feasibility study reports on construction investment (including adjustments thereof) on their own, and shall be responsible for ensuring compliance with the construction law. The matters of appraisal by project owners and project owners shall comply with the construction law.

7. Social housing construction projects specified in Article 7 of Resolution No. 201/2025/QH15, including service, commercial, and commercial housing works within the project (if any), shall entitle project owners to incentives as prescribed by the housing law. Where such service, commercial, or commercial housing works within social housing projects are separated into sub-projects in accordance with the construction law, the preparation, appraisal, and approval of feasibility study reports on construction investment shall comply with the construction law.

For commercial housing or urban area development projects with social housing works, preparation, appraisal, and approval of feasibility study reports on construction investment shall comply with the construction law. Where social housing works within commercial housing or urban area development projects are separated into sub-projects in accordance with the construction law, the preparation, appraisal, and approval of feasibility study reports on construction investment shall comply with Resolution No. 201/2025/QH15 and this Decree.

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1. Based on local conditions, the Province-level People’s Committee shall decide on allocation of funds for the Department of Construction to organize research, development, and publication of standard designs and typical designs for social housing construction works; or the Department of Construction may receive standard designs and typical designs for social housing construction works sponsored by organizations or individuals, or proposed by the Ministry of National Defense or the Ministry of Public Security for housing for the people’s armed forces.

2. The Department of Construction shall be responsible for appraising the conformity of standard designs and typical designs for social housing construction works with standards on social housing floor areas, fire prevention and fighting requirements, structural safety requirements, technical regulations, and applicable national standards, for publication.

3. Where project owners apply standard designs and typical designs for social housing construction works published by the Department of Construction, they may either conduct the application on their own if having adequate capacity conditions, or must hire construction design consultancy organizations with adequate capacity conditions as prescribed by the construction law to evaluate the conformity of the standard or typical designs with local natural conditions and requirements of the social housing construction investment project.

4. Appraisal of fire prevention and fighting designs by the police authority for social housing construction works applying standard designs and typical designs shall be conducted in accordance with the law on fire prevention, fighting, and rescue.

Article 13. Determination of sale prices and hire-purchase prices of social housing

1. Based on the method of determining sale prices and hire-purchase prices of social housing and the standard profit margin as prescribed by the housing law, the project owner shall either prepare on its own or hire consultants with adequate capacity in construction cost management to appraise prior to approving sale prices and hire-purchase prices of social housing.

At least 30 days before announcing receipt of applications for purchase or hire-purchase of social housing, or upon submission of applications for announcement of eligibility of housing for sale or hire-purchase formed in the future, the project owner must send the decision on sale prices and hire-purchase prices of social housing, together with the price calculation application already appraised and the appraisal results, to the provincial Department of Construction where the project is located, for public disclosure of social housing sale and hire-purchase prices on the web portal of the Province-level People’s Committee and the website of the Department of Construction.

2. Within 180 days from the date of acceptance and completion of construction works for use, the project owner shall be responsible for carrying out state audit or independent audit, and finalizing construction investment costs in accordance with the housing law, the construction law, and other relevant laws, and sending one set of audit and finalization applications to the provincial Department of Construction where the project is located for verification of social housing sale and hire-purchase prices.

3. Within 30 days from the date of receipt of the project owner’s application, the provincial Department of Construction shall, based on the audit and finalization applications on construction investment costs, provide written opinions on social housing sale and hire-purchase prices.

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4. Where the audited and finalized prices and the results verified by the Department of Construction are higher than the prices stated in contracts signed by the project owner, the project owner shall not collect the difference from buyers or hire-purchasers of social housing; where the prices are lower, the project owner must refund the difference to buyers or hire-purchasers. The project owner must not collect more than 95% of the contract value prior to the issuance of the Certificate of land use rights, ownership of houses, and other land-attached assets to the buyer, and prior to completion of refunding the difference (if any).

Chapter IV

CERTAIN PROVISIONS ON ENFORCEMENT MEASURES

Article 14. Inspection, supervision, prevention of loopholes, corruption, negative practices, and policy abuse

1. Project owners of social housing construction projects shall bear full responsibility for the accuracy of applications for assignment of project owners, decisions on social housing sale and hire-purchase prices, and for implementation of social housing construction projects ensuring schedule, quality, and compliance with laws.

2. Audit organizations and consultancy organizations appraising social housing sale and hire-purchase prices shall be held legally responsible for audit and appraisal results, ensuring compliance with laws.

3. Project owners, organizations, or individuals committing violations of Resolution No. 201/2025/QH15 and this Decree shall, depending on the nature and seriousness of violations, be subject to disciplinary actions, administrative sanctions, or criminal prosecution; if causing damage, compensation must be paid in accordance with laws.

4. The Government Inspectorate, Ministries, and ministerial-level agencies concerned, within their assigned functions and tasks, shall organize implementation, monitoring, inspection, and supervision of implementation of Resolution No. 201/2025/QH15 and this Decree, in order to promptly detect and handle violations of laws, policy abuse, and to settle complaints and denunciations within their competence and in accordance with laws.

5. The Ministry of National Defense and the Ministry of Public Security shall be responsible for assigning project owners for housing construction projects for the people’s armed forces in strict compliance with Resolution No. 201/2025/QH15 and this Decree; organizing inspection and taking measures against project owners that implement projects behind the approved schedule or fail to ensure construction quality.

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7. Authorities competent to assign project owners shall organize review and inspection of assignment of project owners and approval of investment policy concurrently with assignment of project owners for social housing projects and housing projects for the people’s armed forces when receiving reports or petitions from agencies, organizations, or individuals on suspected unlawful assignment; and shall be responsible for revoking or suspending decisions on assignment of project owners or decisions approving investment policy concurrently with assignment of project owners if violations are found that fail to ensure competitiveness, fairness, transparency, or distort the results of assignment.

Article 15. Inspection, supervision, and quality control of social housing construction works

1. Project owners of social housing construction projects shall be responsible for organizing and implementing measures to control quality of social housing works during survey, preparation, appraisal, and approval of projects, construction designs, construction, and related tasks during project implementation, ensuring compliance with laws on construction work quality management, fire prevention and fighting, rescue, environmental protection, technical regulations, applicable standards, and other relevant laws.

2. Where competent state authorities detect or receive information regarding social housing works or construction items with suspected quality issues or signs of danger, posing risks to safety of operation, use, or continued construction, local authorities shall be responsible for directing and organizing implementation of relevant tasks in accordance with laws on quality management, construction, and maintenance of construction works.

Article 16. Responsibilities for implementation

1. The Ministry of Construction shall:

a) Monitor, provide guidance, and inspect the implementation of special mechanisms and policies on social housing development in accordance with Resolution No. 201/2025/QH15 and this Decree; where violations are detected that fail to ensure competitiveness, fairness, transparency, or distort the results of assignment of project owners or approval of investment policy concurrently with assignment of project owners of social housing construction projects or housing projects for the people’s armed forces under this Decree, request the competent authority assigning project owners to revoke or suspend decisions on assignment of project owners or decisions approving investment policy concurrently with assignment of project owners;

b) Consolidate and report to the Government on preliminary and final reviews of implementation of Resolution No. 201/2025/QH15.

2. The Ministry of National Defense and the Ministry of Public Security shall:

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b) Report implementation results before December 31 annually during the pilot period; and report preliminary and final review results to the Ministry of Construction for consolidation and reporting to the Government.

3. Relevant Ministries and sectors, within the scope of their functions and tasks, shall be responsible for monitoring, guiding, inspecting, and supervising implementation of relevant procedures for pilot projects; and coordinating with the Ministry of Construction in conducting preliminary and final reviews of implementation in accordance with Clause 3 Article 13 of Resolution No. 201/2025/QH15.

4. The Province-level People’s Committees shall:

a) Perform tasks prescribed in this Decree;

b) Direct and organize implementation of provisions in Resolution No. 201/2025/QH15 and this Decree, and the laws on land, housing, investment, construction, real estate business, and other relevant laws relating to investment projects on social housing construction, worker housing in industrial parks, and housing for the people’s armed forces, ensuring timely and lawful implementation;

c) Direct the Department of Construction to organize inspection of approvals of social housing sale and hire-purchase prices; suspend or terminate decisions approving such prices where project owners approve social housing sale and hire-purchase prices in contravention of law;

d) Report implementation results before December 31 annually during the pilot period; and report preliminary and final review results within the locality to the Ministry of Construction for consolidation and reporting to the Government.

5. Agencies, units, enterprises, organizations, and individuals related to development, management, use, and ownership of social housing, worker housing in industrial parks, and housing for the people’s armed forces shall be responsible for implementing and complying with relevant laws.

Chapter V

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Article 17. Transitional provisions

1. For social housing construction projects whose feasibility study reports on construction investment were submitted for appraisal to specialized construction authorities under the construction law before the effective date of this Decree, but appraisal results have not yet been issued, project owners or project owners may choose either to continue appraisal by specialized construction authorities under the construction law, or to terminate such appraisal and instead carry out appraisal under Resolution No. 201/2025/QH15 and this Decree.

2. For social housing construction projects whose feasibility study reports on construction investment were appraised by specialized construction authorities under the construction law before the effective date of this Decree, if adjustments to such feasibility study reports are made, such adjustments shall comply with Resolution No. 201/2025/QH15 and this Decree.

3. For social housing construction projects whose investment policy applications were submitted for appraisal under the investment law before the effective date of this Decree but which have not yet been approved, procedures for investment policy approval under the investment law shall cease, and instead procedures for approval of investment policy concurrently with assignment of project owners shall be carried out in accordance with this Decree, except for the case specified in Clause 2 Article 12 of Resolution No. 201/2025/QH15.

4. Assignment of project owners in the case specified in Clause 4 Article 12 of Resolution No. 201/2025/QH15 shall be carried out as follows:

a) Where project owners of commercial housing or urban area development projects propose and satisfy the conditions specified in Clause 1 Article 5 of this Decree, assignment of project owners shall be carried out as prescribed in Clause 1 Article 6 of this Decree;

b) Where project owners of commercial housing or urban area development projects do not directly propose investment in construction of social housing on such land funds, the Province-level People’s Committee shall carry out assignment of project owners as prescribed in Clause 2 Article 6 of this Decree or organize land use right auctions in accordance with the land law;

c) Assignment of project owners under this Clause shall not require procedures for approval of investment policy or adjustment of investment policy for commercial housing or urban area development projects under the investment law.

5. For social housing construction projects where project owners have already been selected, assigned, or obtained approval of investment policy, investment approval, or have equivalent legal documents before the effective date of this Decree, procedures for investment policy approval or adjustment thereof under the investment law shall not be required. Approval of investment policy concurrently with assignment of project owners, or adjustment thereof, shall be carried out as follows:

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b) Where projects have obtained approval of investment policy, investment approval, or equivalent legal documents, but project information changes as prescribed in Clause 2 Article 10 of this Decree, project owners must report to competent authorities assigning project owners to carry out procedures for adjustment of decisions approving investment policy concurrently with assignment of project owners. The procedures for adjustment shall comply with Clause 4 Article 10 of this Decree.

Article 18. Entry into force

1. This Decree comes into force as of July 1, 2025 until May 31, 2030.

2. Where legal normative documents referred to in this Decree are amended, supplemented, or replaced, implementation shall comply with the amended, supplemented, or replaced documents.

3. Ministers, heads of ministerial-level agencies, heads of Governmental agencies, Chairpersons of the People’s Committees at all levels, agencies, units, enterprises, organizations, and individuals concerned shall be responsible for implementation of this Decree.

ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Tran Hong Ha

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