Nghị quyết 201/2025/QH15 thí điểm về cơ chế, chính sách đặc thù phát triển nhà ở xã hội do Quốc hội ban hành

RESOLUTION

ON PILOTING CERTAIN SPECIAL MECHANISMS AND POLICIES FOR SOCIAL HOUSING DEVELOPMENT

THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Organization of the National Assembly No. 57/2014/QH13 as amended by Law No. 65/2020/QH14 and Law No. 62/2025/QH15;

Pursuant to the Law on Promulgation of Legal Normative Documents No. 64/2025/QH15;

HEREBY RESOLVES:

Article 1. Scope

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a) The National Housing Fund;

b) Appointment of the project owner and approving the investment policies while simultaneously assigning the developer without conducting a bidding process for social housing development projects or housing for the armed forces that do not use public investment capital.

c) Formulation, appraisal, approval, and adjustment of detailed planning for social housing construction projects;

d) Procedures for investment in social housing construction;

dd) Determination of sale prices and lease-purchase prices of social housing;

e) Housing-related conditions for entitlement to social housing support policies;

g) Leasing of social housing and worker accommodations in industrial parks;

h) Compensation, support, resettlement, investment in technical infrastructure systems, and land reserve creation for social housing development.

2. In this Resolution, "social housing" collectively refers to social housing, worker accommodations in industrial parks, and housing for the people’s armed forces as defined by the Law on Housing, unless otherwise specified for each type of housing in particular articles or clauses of this Resolution.

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This Resolution applies to agencies, units, enterprises, organizations, and individuals involved in the development, management, use, and ownership of social housing.

Article 3. Legal application principles

1. In case of discrepancies on the same matter between this Resolution and other laws or resolutions of the National Assembly, the provisions of this Resolution shall prevail, except for the provisions set out in Clause 2 of this Article.

2. If other legal normative documents provide more favorable support or preferential policies than this Resolution, the beneficiary may choose to apply such favorable support or preferential mechanisms.

Article 4. National Housing Fund

1. The National Housing Fund is a state financial fund outside the state budget, with legal personality, and operates on a non-profit basis.

The National Housing Fund includes: the Central Housing Fund established by the Government and local housing funds established by Provincial People’s Committees.

2. The National Housing Fund is formed from state budget allocations; proceeds equivalent to the value of land funds with completed infrastructure for social housing construction as prescribed by the housing law; proceeds from the sale of state-owned housing; proceeds from land use rights auctions as specified in Point b Clause 4 Article 12 of this Resolution; voluntary donations and contributions from domestic and foreign organizations and individuals; other lawful mobilized sources.

3. The National Housing Fund is used to invest in the construction of social housing; invest in technical and social infrastructure of social housing projects; create social housing stock for lease; provide housing for public officials, civil servants, and employees for rent.

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1. Based on approved housing development programs, plans, or urban and rural planning, or designated land plots for social housing or housing for the people’s armed forces, the appointment of project owners shall be as follows:

a) For projects that already have approved investment policies or equivalent legal documents, competent state agencies shall assign project owners without conducting bidding, except as provided in Clause 1 Article 12 of this Resolution;

b) For projects without approved investment policies or equivalent legal documents, competent state agencies shall concurrently approve investment policy and appoint project owners without bidding.

2. The authority to assign project developers, approve investment policies, and concurrently appoint project owners without conducting bidding shall be prescribed as follows:

a) Provincial People’s Committees may appoint project owners or concurrently approve investment policy and assign developers for social housing projects under Clause 1 of this Article, except as specified in Point b;

b) The Ministry of National Defense and the Ministry of Public Security may appoint project owners or concurrently approve investment policy and assign developers for housing projects for the armed forces under Clause 1 of this Article, after obtaining written agreement from the Provincial People’s Committee on the land plot for such housing;

c) Provincial People’s Committees, the Ministry of National Defense, and the Ministry of Public Security shall not delegate or authorize this authority under Points a and b of this Clause.

3. An investor may be appointed as the project owner if they meet the conditions applicable to real estate business entities under the Law on Real Estate Business.

If two or more investors apply to be assigned as project owner, priority criteria shall include: proven experience in developing housing projects; financial capacity to implement the project; other criteria as prescribed by the Government.

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The decision on project owner appointment and the decision on investment policy approval concurrently with project owner appointment without bidding shall serve as the basis for land allocation, land lease, and permission to change land use purpose.

Article 6. Formulation, appraisal, approval, and adjustment of detailed planning for social housing construction projects

1. In cases where a social housing construction project or its land plot does not yet have an approved detailed planning, or where detailed planning adjustment is required, it is not necessary to formulate, appraise, approve, or adjust the detailed planning task.

Land use planning criteria and requirements on spatial organization, architecture, and landscape defined in the approved zoning planning or general planning (in areas not required to prepare zoning planning) shall replace the detailed planning task and serve as the basis for formulating, appraising, approving, and adjusting the detailed planning.

2. The formulation, appraisal, approval, and adjustment of detailed planning shall be carried out in accordance with the laws on urban and rural planning.

Article 7. Procedures for investment in social housing construction

1. Social housing construction projects shall be exempt from appraisal of the feasibility study report by specialized construction agencies as prescribed by the construction law. The project owner and the investment decision maker shall be responsible for organizing the appraisal and approval of the feasibility study report and for ensuring compliance with the construction law.

2. The appraisal of fire prevention and fighting designs by the competent construction authority, as prescribed by the laws on fire prevention, firefighting, and rescue, shall be integrated into the construction permit issuance procedures in cases where such a permit is required, and shall be carried out by the competent permitting authority within 30 days from the date of receipt of a complete and valid application dossier.

3. In cases where a social housing construction project, which is part of a social housing investment project, is proposed to apply a standardized or typical design officially announced by a competent state authority, in conformity with urban and rural planning and meeting fire prevention and fighting requirements in accordance with the laws on fire prevention, firefighting, and rescue, it shall be exempt from the requirement to obtain a construction permit.

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Article 8. Determination of sale price and lease-purchase price of social housing

1. Based on the methods for determining social housing prices and the statutory profit margin as prescribed by housing law, the project owner shall develop and may hire qualified consultants in construction activities to verify the prices before approving the sale or lease-purchase prices.

2. The sale and lease-purchase prices of social housing may be determined for one or more buildings of a social housing project, based on the implementation phase, investment sub-phase, component project, or the entire project.

3. After construction works are accepted and put into use, the project owner shall be responsible for conducting an audit and final settlement of construction costs in accordance with the law, and submit them to the provincial-level specialized agency for inspection of the sale and lease-purchase prices. In case the selling price or lease-purchase price of social housing, as determined through audit and final settlement, is higher than the price already contracted by the project owner with buyers or lease-purchasers, the project owner shall not collect the difference from the buyers or lease-purchasers. If the audited and settled price is lower, the project owner must refund the difference to the buyers or lease-purchasers of social housing.

Article 9. Housing conditions for eligibility for social housing support policies

1. For provinces and centrally-affiliated cities that have undergone administrative reorganization, the determination of housing conditions for individuals eligible to purchase or lease-purchase social housing shall be based on the administrative boundaries of the province or centrally-affiliated city where the project was located prior to the reorganization, in accordance with the Housing Law.

2. In cases where individuals eligible for social housing support under the housing law work far from their place of residence, the condition for purchasing or lease-purchasing social housing is that they have not yet purchased or lease-purchased social housing, do not own a house, or own a house that is far from their workplace. Based on local actual conditions, the Province-level People’s Committee shall detail the case in which a person owns a house but it is far from their workplace, and is therefore eligible for social housing support policies.

Article 10. Lease of social housing and worker accommodation in industrial zones

1. Enterprises, cooperatives, unions of cooperatives (hereinafter referred to as enterprises), state agencies, political organizations, socio-political organizations, and public service units may lease social housing from social housing project owners to provide accommodation for their officials, civil servants, public employees, workers, and employees, including foreign workers and employees. Manufacturing enterprises in industrial zones may lease worker accommodation in industrial zones to house their workers and employees, including foreign workers and employees.

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3. Enterprises and public service units that lease social housing from the project owner of a project for social housing construction or worker accommodations in industrial zones for accommodation of their officials, employees, workers, and laborers (including foreign ones), may account rental expenses as part of their production and business costs, regular operational expenses, or other legitimate expenses in accordance with regulations on enterprises, public service units, tax laws, and other relevant legal provisions. However, state budget funds shall not be used to pay the rental expenses.

State agencies, political organizations, and socio-political organizations leasing social housing to accommodate their officials, civil servants, and employees paid by the state budget shall be allocated state budget funds to lease social housing, provided that budget estimates are approved by competent authorities in accordance with the Law on State Budget.

Article 11. Compensation, support, resettlement, investment in technical infrastructure, and land fund creation for social housing development

1. The Province-level People’s Committee shall be responsible for using the state budget from public investment funds, regular expenditures, and other lawful sources in accordance with the Law on State Budget, the Law on Public Investment, and other relevant laws to implement compensation, support, resettlement, and synchronous investment in technical infrastructure outside the project area to create land funds for social housing development.

Priority shall be given to using a portion of the amount equivalent to the value of land funds already invested with technical infrastructure for social housing development, as prescribed by the Housing Law, to carry out compensation, support, and resettlement in order to create land funds for social housing development.

2. In cases where the investor has land use rights obtained through land use right transfer agreements, the amount paid by the investor for acquiring such rights shall be included in the project investment costs, provided that it does not exceed the amount equivalent to land use levies or land rents payable to the State, as determined according to the land price table corresponding to the land type, land use form, and land use duration of the transferred land at the time of transfer.

3. In cases where the investor already holds the land use rights, the amount corresponding to the land use levies or land rents payable to the State, as determined according to the land price table based on the land type, land use form, and land use duration before the conversion to residential land, at the time of approval for land use purpose conversion, shall be included in the project investment costs.

Article 12. Transition

1. If a social housing construction investment project has issued invitations for expressions of interest or bidding documents to select investors but, by the effective date of this Resolution, has not yet completed the evaluation of submitted documents, the Province-level People’s Committee shall decide whether to continue the selection process under the Law on Bidding or to appoint the project owner in accordance with this Resolution.

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If the investor has submitted a project proposal and the proposal is under appraisal but has not yet received investment policy approval by the effective date of this Resolution, the Province-level People’s Committee shall continue the appraisal procedure. Once the investment policy is approved, the Ministry of National Defense or the Ministry of Public Security shall appoint the project owner as stipulated in this Resolution.

3. For social housing construction investment projects where the land plot designated for social housing development has already undergone the formulation or appraisal of the detailed planning task or the adjusted detailed planning task but has not yet been approved by the competent authority, it shall not be required to appraise or approve such detailed planning task or adjusted detailed planning task.

The project owner shall proceed with the preparation, appraisal, approval, and adjustment of the detailed planning pursuant to Article 6 of this Resolution and in compliance with the laws on urban and rural planning.

4. In cases where a commercial housing or urban area project has already been approved to hand over land reserved for social housing to the State, but such land has not been handed over or no investor has been selected for social housing development by the effective date of this Resolution, the Province-level People’s Committee shall decide based on one of the following options:

a) Assign the project owner role to the investor of the commercial housing or urban area development project who has handed over or is expected to hand over the land area designated for social housing construction, allowing such investor to directly develop social housing, provided that the investor has submitted a proposal and meets the legal conditions applicable to real estate business entities as prescribed by the law on real estate business.

b) Assign another organization to develop social housing or conduct a land use right auction in accordance with the law for the development of commercial housing, and allocate an amount equivalent to the value of the auctioned land use right into the National Housing Fund, in case the investor of the commercial housing or urban area development project does not propose to directly develop social housing on this land area.

5. In case a commercial housing or urban area development project had been approved for investment policy, investment approval, or an equivalent legal document, and had reserved or was required to reserve land for social housing construction prior to the effective date of this Resolution, the Province-level People’s Committee shall, based on local practical conditions and the proposal of the project owner, consider and decide whether to allow the project owner to either allocate an equivalent land area for social housing at another location outside the project site or to pay an amount equivalent to the value of the land plot (including the cost of technical infrastructure development) into the National Housing Fund for the construction of social housing as prescribed in the Housing Law No. 27/2023/QH15, as amended and supplemented by Law No. 43/2024/QH15 (hereinafter referred to as Housing Law No. 27/2023/QH15), without being required to undergo investment policy adjustment procedures, except in the case specified in Clause 4 of this Article.

6. For social housing projects developed on land reserved for social housing within commercial housing or urban development projects that were approved for investment policy or had an equivalent legal document issued prior to the effective date of the Housing Law No. 27/2023/QH15, the determination of selling prices, hire-purchase prices, and rental prices of social housing shall be carried out as follows:

a) In cases where the selling price, lease-purchase price, or rental price of one or several buildings within the project or its component subprojects was appraised by a competent state authority prior to the effective date of the Housing Law No. 27/2023/QH15, or where such prices were not appraised but the project owner requests continued application of preferential policies under the housing laws in effect at the time of investment policy approval, investment approval, or issuance of an equivalent legal document, the pricing method for determining the selling price, lease-purchase price, and rental price of social housing shall continue to follow the housing laws in effect at the time of investment policy approval, investment approval, or issuance of such equivalent legal document, prior to the effective date of Housing Law No. 27/2023/QH15.

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The project owner shall pay land use fees for the portion of land used for constructing commercial housing and for the land area or commercial and service floor area that is transferred or used as capital contribution, in accordance with the land law. The application of the method for determining selling prices and hire-purchase prices of social housing shall comply with the Housing Law No. 27/2023/QH15.

c) The investor shall develop and approve the sale or lease-purchase prices of social housing under Article 8 of this Resolution.

7. If the project owner has submitted the request for appraisal of social housing selling prices and lease-purchase prices but has not received the appraisal result from the competent state agency by the effective date of this Resolution, the project owner may decide to either continue the appraisal process in accordance with the regulations effective prior to the effective date of this Resolution, or apply the provisions of Article 8 of this Resolution, except for the case specified in Clause 6 of this Article.

8. If a housing development project is implemented on residential land designated for workers and employees in industrial parks, and such project has been approved for investment policy, investment approval, or an equivalent legal document, and has been completed and put into use before the effective date of the Housing Law No. 27/2023/QH15 or is currently under implementation, the project owner is allowed to sell, lease-purchase, or lease this housing stock to eligible beneficiaries of social housing support policies in accordance with the Housing Law No. 27/2023/QH15 and this Resolution without having to carry out procedures for amending the investment policy or other related procedures (if any) regarding the adjustment of the eligible purchasers, lease-purchasers, or tenants of social housing.

Article 13. Implementation

1. The Government, Ministries, ministerial-level agencies, other central authorities, and local governments shall uphold responsibility, particularly that of the heads of agencies, in leading and directing the implementation of this Resolution, ensuring transparency, efficiency, feasibility, and timely execution; preventing loopholes, corruption, misconduct, policy abuse, losses, and waste.

2. The Government shall have the following responsibilities:

a) To detail the implementation of Article 4, Article 5, Clauses 2 and 3 of Article 7, and Article 8 of this Resolution; to promulgate regulations for preventing loopholes, corruption, misconduct, policy abuse, losses, and waste; to streamline construction investment procedures and shorten timelines to accelerate social housing development; to adopt measures for inspection and quality assurance of completed social housing; and to promulgate other enforcement measures under the authority of the Government;

b) To allocate and balance funding or provide guidance to localities on budget allocation for social housing development as prescribed in this Resolution; if beyond its competence, to report to the National Assembly for consideration and decision; and during intervals between National Assembly sessions, to report to the National Assembly Standing Committee for consideration and decision;

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3. The Ministry of National Defense, the Ministry of Public Security, the People’s Councils, and the Province-level People’s Committees shall organize the implementation of this Resolution within their respective jurisdictions. The Ministry of National Defense, the Ministry of Public Security, and the Province-level People’s Committees shall organize inspection and supervision of the implementation of specific mechanisms and policies for social housing development prescribed in this Resolution; report annual implementation results to the Government before December 31 each year during the pilot period; and conduct preliminary and final reviews to report to the Government for submission to the National Assembly.

4. Enterprises, organizations, and individuals involved in the investment and development of social housing shall implement the provisions of this Resolution; be fully responsible for their assigned tasks; proactively ensure timely implementation, quality, and legal compliance; and shall not abuse policies, commit corruption or misconduct, or cause losses or waste.

5. The National Assembly, the Standing Committee of the National Assembly, the Ethnic Council, the Committees of the National Assembly, delegations of National Assembly deputies, National Assembly deputies, People’s Councils, committees of the People’s Councils, deputies of the People’s Councils, and the Viet Nam Fatherland Front shall supervise the implementation of this Resolution within the scope of their duties and powers.

Article 14. Entry into force

1. Entry into force of this Resolution shall be as follows:

a) This Resolution comes into force as of June 1, 2025, except as provided in Point b of this Clause;

b) Provisions in Article 4, Article 5, Clauses 2 and 3 of Article 7, Article 8, and Clauses 1, 2, 6, and 7 of Article 12 of this Resolution come into force as of July 1, 2025;

c) This Resolution shall be implemented for a period of five years from June 1, 2025.

2. From the date this Resolution ceases to be in force, the national housing fund established under Article 4 of this Resolution shall continue operating until new regulations are issued by competent authorities.

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4. In case any legal normative documents referred to in this Resolution are amended, supplemented, or replaced, the corresponding provisions of the amended, supplemented, or replaced documents shall apply, except as provided in Article 12 of this Resolution.

This Resolution was adopted by the National Assembly of the Socialist Republic of Viet Nam, 15th Legislature, at its 9th session on May 29, 2025.

CHAIRMAN OF THE NATIONAL ASSEMBLY




Tran Thanh Man