The Decree 188/2013/nd-Cp: On The Development And Management Of Social Housing

Original Language Title: Nghị định 188/2013/NĐ-CP: Về phát triển và quản lý nhà ở xã hội

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THE GOVERNMENT.
Number: 188 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 20, 2013

DECREE

V. Social housing development and management. i

____________

The Law base. I Government, December 25, 2001;

The Law base. N November 29, 2005;

The Law base. Fuck! Land on November 26, 2003;

At the suggestion of the Minister of Construction. ()

The government issued the decree on development and management of social housing. Oh,

Chapter I

COMMON RULES

What? 1. The adjustment range

1. This decree provides for the development and management of social housing for objects that meet the conditions under regulation at this Decree, which is purchased, rented, purchased housing.

2. The management, use of social housing is invested with the state budget capital made by the rule of law on the management of state-owned housing.

What? 2. Subject applies

This decree is applied to the following subjects:

1. Organization, individuals belonging to domestic, foreign, and Vietnamese-based economic components are involved in the investment of social housing development under the project to sell, lease, lease for purchase to the specified objects at this Decree.

2. Household, the individual who invested in social housing for sale, leasing, for rent to the specified subjects at this decree.

3. The organizations are involved; the subjects are bought, hired, rented out of social housing according to the provisions of this Decree.

4. State management agencies are involved in the social housing sector.

What? 3. Principles of Social Development and Management

1. Social housing development must comply with the construction planning authority approved by the competent authority; standard guarantee, regulations, quality of construction work under the provisions of the law on construction, in accordance with the right type and standard of house design in the process. It is at this decree; the social housing that builds on the project must ensure synchrony to the system of engineering infrastructure and social infrastructure.

2. Home-owned social housing, private-built individuals have to secure basic requirements for technical infrastructure and in line with minimum standards issued by the state agency.

3. The social housing in accordance with the regulation of this decree must be managed tightly; the unit that is given the management of social housing must be sold, leased, to the correct purchase of the right object, qualified under the provisions of this decree and is not automatically converted. The use of social housing to other purposes without the approval of the state authority has jurisdiction.

4. The state protects the legal rights and interests of the investment owner, owner and buyer, and hires and rents out of the social housing. Laws that violate the development and management of social housing use must be detected and timely, strictly by law.

5. The investment building in society is used only by manufacturing materials and equipment manufactured in the country, not using imported products (except in unproduced water products).

6. The Ministry of Defense and Ministry of Public Security are allowed to deploy social housing projects under the regulation at this Decree to address the housing for the officer, professional servicemen (including officers, chief petty officers, soldiers as professional servicemen) of the armed forces. The people's page is consistent with their own condition and condition, but it has to ensure that the principle of each object is supported only once.

Chapter II

MECHANISMS, SOCIAL HOUSING DEVELOPMENT POLICIES

What? 4. Social housing development forms

1. Social housing is the home-built housing that has the support, the state's incentives to give the objects stipulated at 1 Article 14 of this decree buying, renting, or renting.

2. The forms of social housing development under the regulation of this Protocol, including:

a) The direct state of the state to invest in social housing in accordance with a project by budget capital (Central or Local) or acquisition of apartments from the commercial housing development project or receiving apartments in the commercial housing development project due to the owner of the investment. table in the form of BT to create a state-owned social housing fund to lease or rent;

b) Businesses belonging to the investment economic components of building social housing on a project by a source of external funds to sell, lease, to rent and to be supported by the State, preferable under the provisions of this decree;

c) Household, individual investment worker builds individual housing for specified objects at Clause 1 Article 14 of this Decree, rent or purchase, and supported by the State, preferable under the provisions of this decree.

What? 5. Social housing development plan

1. Based on the actual situation and the need for local social housing, the Provincial People 's Committee, the Central Committee of the Central Committee (later known as the Provincial People' s Committee) must organize the annual, medium and long-term social housing development plan. The line is consistent with the direction of the National Home Development Strategy approved by the Prime Minister, the economic development plan-the local society in the same period and must be approved by the Provincial People ' s Council, the Central City of Central (later called). It's the Council of the Provincial People.

For local areas of the central region of the region, Central and Southeastern South according to the Government's provisions, the Provincial People's Committee is responsible for sending a draft of the Social Home Development Plan so that the Construction Department has a unified opinion. before the Provincial People's Assembly passes through. During the 15-day period of work since the date received the draft, the Ministry of Construction is responsible for the purpose of writing.

The plan to develop the social housing of local localities outside the key economic zone of the Northern, Central and Southeastern regions was established by the Provincial People's Committee, which was determined before the Provincial People's Assembly passed.

The construction and approval of the Social housing Development Plan must be implemented simultaneously with the process of building the economic development plan-society and state budget capital plans; Social housing development plans can be lumred together with the International Development Agenda. Local housing development pursues the laws of housing or building and approx separately under the specific conditions of each locality.

The Provincial People's Committee is responsible for approving the Social Home Development Plan after being approved by the People's Council.

2. The local social housing development plan must have the following basic content:

a) Forecast the number of people with a need for social housing; area, the number of social housing apartments in need of response.

b) The number of apartments, the total floor area in society needs to invest in construction, including housing-based housing projects by budget capital; housing by businesses in the investment economic components project by funding outside of budget; housing, housing, and housing. By households, individuals who invest in the building; the number, proportion, and the structure of social housing according to each type of area consistent with the groups of objects that have the need for social housing on the site.

c) The area, location, total land area for the development of social housing projects.

d) The portfolio of social housing projects annually and in each phase; the specific implementation progress of each project.

The need for capital investment, capital investment (budget capital, capital raising from economic components and other legal capital resources).

e) The responsibility of the local authorities in implementing the implementation of the Social Home Development Plan.

g) Other content is associated with social housing development.

3. The local social housing development plan after being approved by the Provincial People's Committee must be sent back to the Ministry of Construction before October 31 of the year before the year of planning to sum up, reported the Prime Minister.

4. The Ministry of Construction is responsible for presiding, in coordination with the ministries, which are involved in the annual social housing development plan, 05 (year) of the year being built by the central budget capital to present the Prime Minister to review, approve.

What? 6. Land-fund planning and layout to develop social housing projects

1. In the process of planning, appraisal and approval of urban planning, planning, land use planning, rural population point construction planning, economic zone development planning, industrial zone, manufacturing zone, high tech sector, Provincial People ' s Commission can be found in the United States. Responsibility for the local land fund, the land fund, and the only body-specific agency, the location, the scale of the land area of each project development project on the social infrastructure and social infrastructure to deliver it. The investments in regulation at Article 9 of this decree implement the investment of construction.

2. The regulation of land funds to invest in social housing construction on commercial housing development projects, the new urban area is as follows:

a) Chairman of the commercial housing development project, the new municipality, which does not differentiate the size of the land area (including the BT-form construction project and the BOT form) in municipalities from category 3 onwards and the planning area is urban from type 3 onwards. having to spend 20 percent of the total land area in detailed planning schemes or the total face of approved authority, has invested in building the engineering infrastructure for building social housing.

Investing in commercial housing development, the new urban area is directly responsible for investing in social housing on a 20% land fund (except for a 20% land fund recovery state to invest in social housing with budgetary capital and equity schools). There is no need for investment in the investment of social housing, and this land fund is transferred to the Provincial People's Provincial Committee.

b) The case for commercial housing development, the new urban district has a scale of land under 10 hectares, in addition to a 20% land fund format for building social housing regulations at Point 2 This, the project investor is selected for the form of fund transfer. The housing value is equivalent to a 20% land-based fund value issued by the Provincial People's Committee at the time of the transfer to the state to use as a social housing or by the equivalent of a 20% land fund by the land price frame by the People's Committee. The provincial level was intended to supplement the local housing development fund to invest in social housing on the site.

3. For municipalities of Category 4, type 5 and rural areas, the base on specific conditions, the Provincial People ' s Committee review, decided to ask the owner of the commercial housing development project, the new urban area on the land fund to build housing in the United States. I mean, the society is in accordance with Article 2 of this.

4. The layout of the land fund to build social housing for workers, workers working in the industrial zone, small and medium-term industrial clusters, economic zones, manufacturing zones, high tech sectors, industrial production facilities, industrial capital (including mining facilities), and other industries. The processing of all industries, the profession of the economic components (later known as the industrial zone) in accordance with the following regulation:

a) The case of industrial zones is in the formation phase that the local Industrial District Management Board or business district infrastructure business is responsible for organizing a fair and investment-building infrastructure building in the housing sector. Workers, workers working in that industrial area under the planning authority have been approved by the authority and transferred to the head of the elected social housing development project under regulation at Article 9 of this decree taking over the deployment. There ' s a social housing development project. The cost of compensation, the fair release, the investment of infrastructure infrastructure in society is allocated to land rent in that industry.

b) The case of industrial zone has formed without or has not met enough housing for workers, workers, the Provincial People ' s Committee with responsibility to organize (or regulate the planning), implement compensation, release of the facet and recover the land. to the addition of the land fund to the owner of the social housing development project being selected under the regulation at Article 9 of this decree taking on the implementation of the implementation of the social housing development project. The cost of the free release was extracted from the source of the land money, the rent for the local land.

For industrial areas that have not used the area of industrial land, the Provincial People's Committee is responsible for organizing the regulation of building planning; planning, land use planning, the purpose of using the land by jurisdiction or the Prime Minister. The government considers, deciding to regulate a portion of the land area of that industrial area to build a social housing industry.

5. The state case using a 20% land fund to invest in social housing as a state budget capital is the head of the commercial housing development project, the new urban area responsible for the investment of construction of a planned engineering infrastructure system. was approved by the authorities before handing over this land fund to the State.

When a 20% land fund is given to the state, the project investor is reimbursable (or deducted into the financial obligations that the investment owner must submit to the state budget) the cost of free-release compensation, the investment cost of building a digital infrastructure. and other legal expenses according to the laws of law that the owner of the investment made to the land fund 20% must be handed over.

6. The direct state of the state to invest in social housing as a project by a central budget capital, the deployment of the land funds is as follows:

a) For the project being funded by a central budget of 50% of the total investment of the project, the Ministry of Construction is responsible for presiding, in coordination with the Provincial People's Committee that determines the choice of land funds to develop a regulated society. at this to deploy implementation of the project;

b) For the project being funded by the central budget under 50% of the total investment, the Provincial People's Committee where the project determines the use of the land fund to develop a regulated society at this site to implement the project.

7. For households, individuals who participate in social housing construction are required to be consistent with urban planning, planning, land use planning, rural residential point construction planning that has been approved by the authority and adheres to the right of compliance. License-building permits issued by the state authority under the provisions of the law of construction.

The People's Committee is based on the provisions of the Law of the Land to decide the purpose of using adjacent gardens, other farmland to facilitate the promotion of households, to participate in the construction of social housing.

What? 7. Social housing design standards

1. The standard of social housing design is done according to the following regulation:

) The case of an investment project building on social housing with a state of state budget in the cities, the standard of housing design is done according to the regulation of housing legislation; in other areas it is possible to build an adjacent low-level housing.

b) The first case of building social housing on a project by a state budget outside the state budget is an apartment building, and the standard for each apartment is 30 m2, a maximum of no more than 70 m2, which does not control the number of floors, but must be consistent with the building planning. It is approved by the state authority; the project investor is adjusted to increase construction density or land use by 1.5 times more than the standard, standard construction criteria issued by the authorities.

The social housing case is a low-level housing, the standard land area of every home that does not exceed 70 meters. 2 , secured in accordance with the construction planning provided by the state agency.

c) The case applies the standard pilot pilot to another social housing design with the regulation at Point a and b of this clause performs in accordance with the Prime Minister ' s own regulation.

d) The design of individual social housing due to household, private-built individuals must guarantee the quality of construction, in accordance with the minimum planning and conditions provided by the state authority.

2. The investment social housing development project by state budget capital must apply the model design, the typical design issued by the competent authority.

3. The Ministry of Construction has specific guidance on the standard of design standards and issued regulations on minimum conditions for individual social housing due to household, private construction.

What? 8. Social housing development capital

1. The source of social housing development by the State of Investment is mobilized from the following sources:

a) The local housing development fund is established and operates under the provisions of the law on housing (if any); the local budget supports annually by the decision of the Provincial People ' s Council; issuing local government bonds, the public and the public. the housing; mobiles from other legal sources according to the rule of law;

b) direct investment from the central budget; government bonds (if any);

c) which supports the formal development of ODA and other foreign capital sources (if any).

2. The external source of funds due to the economic components involved in the investment of social housing development (including household, individual) mobiles:

a) The inherent capital of the project investor or of the household, the individual;

b) borrowing from the government funding loan;

c) Released bonds by the Government under the rule of law on the issue of Government bonds, bonds issued by the Government and local government bonds;

d) The loan of the credit organizations is established and operates under the rule of law;

Borrowing from the local housing development fund, the housing savings fund is established and operates according to the regulation of the law;

e) Other legal capital sources according to the rule of law.

What? 9. The owner of social housing construction

1. The owner of the social housing development project is the person who owns the capital or who is entrusted with management, which uses capital to make the investment of building housing in that society, including:

a) The state governing body of state and local housing; the project management is established and operates under the provisions of the law; state enterprises are entrusted, using budgetary capital to invest in social housing in accordance with the project.

b) The business belongs to the economic components that have a real estate business function by the regulation of the law engaged in the investment building in the society under the project; the manufacturing business, the service has an investment employer built housing for sale, leasing, for business. It ' s a subscription to the employer of that business.

2. For the social housing development project being invested in full construction by state budget funding and projects that are from 30% of state budget capital or more, which does not include land use and the cost of supporting infrastructure (if any), the employment of the country ' s capital. selection of project owners, contractors contractors to provide consulting services, build construction and equipment procurement under the provisions of the law on housing and construction legislation on the project using state budget capital.

3. For a social housing project that is invested in building by foreign funds, the choice of the project investment holder is done through the form of a project bidding or application of the designation prescribed by law on land and law. the law of housing.

4. The social housing development project uses 20% of the commercial housing development project, the new urban area stipulated at Clause 2 and Clause 3 Article 6 of this decree, the owner of the commercial housing project, the new urban district, and its employment. It ' s a social housing development project.

5. The investor case has had a land fund in its legal right to use its legal rights, in accordance with the housing construction plan that has the need for a social housing development project, that investors are being the head of social housing development projects.

6. The local industrial zone management or business infrastructure business sector is delivered simultaneously as the investment holder of the social housing engineering infrastructure associated with that industry. After investing in a social housing engineering infrastructure, Senior I can self-assume investment in social housing or transfer of land that has a technical infrastructure for manufacturing in that industrial sector or business. The real estate business (later known as a Grade II holder) assumes the implementation of the social housing development project for workers, workers working in the industrial sector.

7. The investment in social housing construction in the form of construction-transfer (BT) makes the choice of the master invested in regulation at Article 10 of this decree.

8. For home-owned social housing, home-built individuals, that individuals perform the construction of housing in accordance with the law of housing and the law of construction.

What? 10. Social housing development in the form of construction-transfer (BT)

1. The development of social housing in the form of BT only applies to the case of social housing construction by the State of Investment.

2. On the basis of land funds devoted to building social housing according to the planning and social housing development plan that has been approved on the site, the Provincial People ' s Committee is responsible:

a) The organization of the portfolio of social housing development projects in the form of BT.

b) The public announcement on the electronic information portal (Website) of the housing management agency on the portfolio and information related to the social housing development project in the form of BT, the BT investor selection conditions for businesses to have the basis of participating in the registry. It ' s a BT investor.

3. The Provincial People ' s Committee assigned to the provincial housing regulator directly implementing or signing a consulting contract with the business that has a real estate business function to identify the criteria, the requirement for social housing construction by the project portfolio has been established in the first place. public announcements and BT investor selection to program the Provincial People's Committee to review, decide.

The BT investor is involved in building social housing as business or cooperative in every economic component that has a real estate business, with a professional capacity and financial capacity to implement a social housing development project.

4. After being selected by the Provincial People ' s Committee, the BT investor is responsible for organizing and presenting a competent authority, approving the 1/500 rate of details (for the case of the yet unplanned project area of 1/500) and the organization. The establishment of a social housing development project to provide a competent authority under the regulation of the law on housing and the law of construction.

5. After the approved social housing development project, the provincial housing agency drafted the BT contract and the chairman of the Provincial People 's Provincial Committee contracted the BT investor or implemented a BT contract (if commissioned by the People' s Committee of the People ' s Provincial Committee). power).

6. The deployment of social housing investment in the form of a BT contract was made in accordance with the regulation of the housing law and legislation on investment in the form of a BT contract.

7. After the completion of the investment construction and implementation of the social housing process under the BT contract and by the regulation of the law, the BT investor is responsible for handing over this housing fund to the provincial housing management agency to carry out management, mining, and management. regulation.

8. The BT investor is paid capital to implement the project through the forms: Being paid by the state by money from the state budget; is used another land area for business to recover capital or be paid by assets and other capital sources. Different.

9. The specific guidance of social housing development in the form of BT rules in this Article due to the authority issued by the authority under the current regulation.

What? 11. Authority to approve the investment; stance, appraisal and approval of the project and for the social housing development project.

1. Authority approx the investment of the housing development project (minus the specified case at paragraph 3 This Article):

a) The Prime Minister decides to approve the investment after it is intended to be a appraisal of the Ministry of Construction for the following cases:

-The project belongs to every source of land that uses land from 100 hectares or more.

-The project was invested in the central budget capital, which does not differentiate the size of land use.

b) The Provincial People ' s Committee decided to approve the investment after having a unified opinion by the Ministry of Construction for the following cases:

-The project belongs to every source of land that uses land from 20 hectares to less than 100 ha (except for the investment project by the central budget capital specified at this point a paragraph);

-The project belongs to all capital resources (except for the investment by the central budget capital that regulates at this point a), which has a land area of less than 20 hectares, but has a scale of 2,500 or more apartments.

c) The Provincial People ' s Committee decided to approve the investment for the remaining projects.

d) The timing of the appraisal and board decision to approve the investment stipulated at the points a, b and c This paragraph maximum does not exceed 45 days; the duration of the text issued a maximum does not exceed 15 days, since the date of receiving an investment approval profile.

2. The project owner must have a filing for an investment approval profile that provides a regulatory authority at Article 1 of this review, the decision to approve the investment before the organization's organization, appraisal, and approval of the project.

3. The project case is invested with an external source of funding that applies the form of a bid to choose the owner of the project, not the implementation of the investment approval procedure. When the bid is made to select the capital of the project, the state agency has the authority to add the required content of the required content at paragraph 4 This Article in the bids.

4. The decision to approve the specified investment in Clause 1 and Clause 2 This must include the following key content:

-The project name (the independent social housing development project or the social housing development project using a 20% land fund); and

-The owner of the investment.

-Target investment and investment form;

-Project Location; land area and land use, population size;

-Total investment and investment capital resources of the project;

-Technical infrastructures and social infrastructure meet the requirements of the existing Building Standards;

-The total floor area of the entire project, the floor area of each housing type, including commercial housing (if any); the number of apartments each type of housing is within the project range;

-Public use area, including: Place to cart, community life area, service business area (if any);

-The product consumption method, including: The subject is bought, rented, rented in social housing; the number and area of the house in society for sale, rental, leasing;

-The rights, the obligations of the investment owner and the responsibility of the local government; the support mechanisms, the incentives that the project enjoyed;

-Time, progress on the project.

5. Profile for investment approval, including:

a) the application for investment;

b) The detailed planning map is 1/500;

c) The case theory and design drawings are related;

d) The content offered to accept the investment.

The Ministry of Construction of the specific guidelines of the profile and the sequence, the procedure for applying for an investment in the social housing project stipulated at this.

6. The establishment, appraisal, and approval of the social housing development project that follows the regulation of the law on housing and the law on construction.

7. Family-building, individual home-building investment, and non-planning, but must do the following regulations:

a) Assure to comply with the individual housing construction requirements; survey, design and construction of the individual housing; manage the individual housing quality of the household, individual pursuant to the law of housing and law on construction;

b) In accordance with the regulatory conditions on the social housing of the household, the individual built by the Ministry of Construction;

c) There is a proposal to send the Provincial People ' s Committee to consider to enjoy the support mechanism, the incentives of the State when the implementation of the social housing construction investment;

d) The Provincial People's Committee is responsible for issuing specific regulation on a guarantee basis in accordance with each local condition to encourage, facilitate households, individuals who participate in social housing construction.

What? 12. Support mechanisms, social housing development incentives.

1. Social housing development project supported by the State, preferable by the following regulation:

a) Being exempt from the use of land, land rent on land area within the scope of the housing construction project in society (including the land fund for the construction of the trade business regulations stipulated at this 1 paragraph) was approved;

The case of the project investment holder has paid the use of land when the State of the Land of the Land; has received the transfer of land use from the organization, household, other individuals whose land is used to build social housing or the case of project investment. The amount of money used by the government for 20% is either returned to the state or is deducted into the financial obligations that the project investor must submit to the State under the rule of the law of the land.

b) The value of the value tax preferable tax on the provisions of the value tax legislation increases.

c) Is exempt, reducing and enjoying business income tax incentives by the law of corporate income tax.

d) Support from the sources:

-The capital loans of credit organizations, commercial banks and financial institutions are established and operate under the rule of law.

Credit organizations, commercial banks and financial institutions are responsible for a amount of capital (minimum of about 3% of total debt) to give the investment owners the social housing development project and buyers, rent, social housing loans with preferable interest rates. less than market interest, the payment term is consistent with the customer ' s ability to repay the debt.

-Loan is preferable from local budget sources, local government bond sources, housing development funds, and other preferable capital loans (if available) by law.

It is supported by the global budget of an entire investment budget outside the fence (traffic, electricity, water level, water release); supported in part or the entire compensation budget, the free release, the investment of engineering infrastructure, infrastructure and infrastructure. the social level within the scope of the project under local conditions.

e) Free to implement the basis of the basis of the basis of the basis for the application of a project application, the design of a social housing design by the authority under the authority; being applied to the form of self-execution, the construction work of the construction site. if there is sufficient capacity under the rule of construction legislation (excluding social housing development projects invested in state budgets).

g) For business, manufacturing has the use of labourers in the industrial zone if self-invested in building or buying housing for the employees of its unit but does not collect rent or rent rent with rent prices do not exceed the rental price. The social housing committee issued by the People's Provincial Committee and businesses that raise homes for employers in the cost of construction, housing, or cost of rent is calculated as a reasonable cost in the cost of production when calculating corporate income tax.

) To be used in future housing and construction projects within the scope of social housing development projects as collateral for that project.

i) Are issued bonds issued by the Government in accordance with the rule of law on the issue of bonds.

l) enjoy other incentives by the rule of law on investment incentives (if any).

l) The project investor is spent 20% of the total land area being delivered within the social housing development project (including the project to use a 20% land fund) to invest the construction of commercial business (including high-level or low-level commerce housing). Offset the cost of investment, which contributes to the sale price, rent, rental prices, social housing, and the cost of management services, which operate social housing after investment.

For the case of a social housing development project that detailed planning methods were approved by the state agency not to fund private land funds to build commercial business in the scope of the project, the investment owner was allowed to spend 20%. The total floor area of that project for sale, rental, subscription to commercial business prices.

The commercial business section of this clause must be used by the entire social housing development project and guarantee the principle of maximum valuation under the provisions of Article 15 of this decree.

2. For the case of a social housing development project to be built by a source of external funds only for rent, in addition to the support mechanisms, the preferences under the provisions of this One Article are also supported by the following regulation:

a) Being supported by the Provincial People's Committee for the entire investment of the investment of engineering infrastructure, social infrastructure within the scope of the project from local budget sources;

b) For rent in the social housing fund then after a minimum rental period of 05 (year) since the start of the lease, the project investor is allowed to sell this housing fund to the tenant (if there is a demand) at the social housing price at the time of the sale. The house is there.

3. Household, individual participation in social housing investment is supported, preferable to the following regulation:

a) Being exempt from the use of land when allowed to transfer the purpose of using land from other soil to building social housing.

b) Be exempt, reduce and enjoy personal income tax incentives and other taxes related to sales, leasing, social housing, and tax law regulations.

c) Be supported by regulation at the point of Article 1 This Article.

d) Be used in the future form of the future to be a collateral asset when borrowing capital investment in society.

Chapter III

MANAGEMENT, SOCIAL HOUSING USE

What? 13. Planning on the sale, rental, rental rental in social housing

1. The social housing must be sold, leased, purchased in accordance with the correct object and conditions at Article 14 of this decree; each household, the individual is only resolved to assist in social housing once defined by this decree.

The subjects stipulated at Point 1 1 Article 14 of this Decree is resolved to provide housing support in the form of purchase, rent, social housing, and investment economic components, or by the Ministry of Defense and the Ministry of Public Security. It is currently prescribed at paragraph 6 Article 3 of this decree.

2. The sale, leasing, rental of social housing is invested in the state budget made by the rule of law on management, using a state owned housing.

3. The investment of the social housing development project by a budget outside the budget must spend a minimum of 20% of the total floor area within the project range to lease; after a minimum period of 05 (five) years, since the beginning of the lease, the head of capital is expected. It is permitted to sell this house funds to the tenant of the specified object at Article 14 of this Decree by the sale price at Point 2 Article 15 of this decree.

4. The social housing tenant is not rehired or transferred the house under all forms during the lease period under the contract signed with the rental party.

5. The buyer, the social housing lease is not allowed to lease, mortgages (except for the mortgage with the bank to borrow money purchased, rent it itself) and not be transferred below all forms in minimum time of 05 (year) year, From the time of paying all the money purchased, the lease on the housing contract signed with the seller, the buyer.

Buyers, social housing rents are only allowed to sell, mortgaged or rent after paying off the money under the signed contract and granted a certificate of rights to use the land, property rights in and other property attached to the land under the law of law. The land, but must guarantee the minimum time of 05 (year) years, since the time of payment of the purchase, the lease under contract signed with the seller, the buyer.

Since the time of the buyer, rents in society are allowed to sell social housing to others, in addition to the payments being filed under law enforcement, the sale of the apartment house to the State 50% of the value of the land. is allocated to that apartment (for adjacent low-floor housing, which has to pay 100% of the land use to the housing area), according to land prices issued by the Provincial People's Committee at the time of the housing sale.

6. In the unqualified term 05 (year) years, since the time of paying off the purchase, rent in the social housing, if the buyer or rent has a need to sell the house in society it is only resold to the State (in the case of a state-based social housing purchase). a budget) or resale to the owner of the social housing development project (in the case of purchase, social housing rent was invested in the investment of a budget outside the budget) or resale to the purchased object, rent-to-home social housing in accordance with Article 14 of the Company. This decree; social housing prices were no higher than the social housing price of the same type at the time of the housing sale there.

7. The case of buying, renting, renting a home in individual society due to household, private investment worker, the transfer of the right to land must be consistent with the rule of the land law.

8. The procedure, the procedure that makes the purchase, lease, lease of the home in the society performs at the instructions of the Ministry of Construction.

9. Based on the regulation of this decree and the guidance of the Ministry of Construction, the Provincial People ' s Committee rules specific sequencing, the review procedure and the order of preference for subjects that have the need to buy, rent, rent social housing on the site range, secure the order. consistent with the situation and economic-social conditions of each local.

10. The Ministry of Defense and Ministry of Public Security issued a specific regulation, after the unification of the Ministry of Construction in writing about the criteria that define the subject; the conditions purchased, hired, rent-to-hire in society at projects implemented in accordance with regulations at the site. Paragraph 6 Article 3 of this decree.

What? 14. Subject, condition of social housing layout

1. Social housing is dedicated to address the need for accommodation for the following subjects:

a) The man with the decree of the Revolution in France gave him the favor of the Revolution;

b) Officer, officials in the administration of the administration, career, party agency and the delegation of salaries from the state budget;

c) officers, professional personnel (including officers, corporal officers, soldiers as professional servicemen) of the armed forces of the armed forces from the state budget; the non-military workers are not the ones who enjoy the regime, the government. book as for the military in accordance with the rule of the law of the weak;

d) Workers, workers of economic components working in industrial areas, including: Workers, workers working in the industrial zone, small and medium industrial clusters, economic zones, manufacturing zones, high tech sectors, industrial manufacturing facilities, and manufacturing facilities. Career, industrial capital (including the mining facilities, processing) of all industries, professions;

He has a low income and a poor household in the urban area;

e) Social patronage by the rule of law on the policy of aid of social protection subjects; elderly people, lonely and lonely,

g) The subjects returned home in the service when the expat of the standard of rent in the service;

h) Students, students of universities, colleges, professional high school, vocational college, vocational and vocational schools for workers, not isolated or public;

i) Household, individual resettlement, unsettled housing or resettlement housing.

2. The subject is purchased, hired, leased from the investment society by the state budget capital made by the rule of law on the management of the state-owned housing.

3. The subject is purchased, hired, leased from social housing at the social housing development projects built by the offshore capital that must meet the following conditions:

a) There is no home in your possession or home in your possession but the average area of the household within 8 m2 of floor/person or home in the temporary, perishable, unbroken house that has not been supported by the State, the land is in all forms.

b) The case of housing purchases must have a permanent residence or a temporary registration but must close the social insurance from 01 (one) year or more in the province, the Central City of Central City has a social housing development project.

c) The case for a housing purchase must be paid for the first time by 20% of the value of the housing and the rest of the value under the signed contract.

d) Low-income people stipulate at the Point, Clause 1 This is the non-person who must pay a regular income tax in accordance with the law of personal income tax; the poor family of the poor family stipulated at the Point, Clause 1 This is The subject lies in the poverty line by the Prime Minister and the Social Protection object stipulated at the point of e, which has to be confirmed by the Committee of the People's Committee, the town of residence; the subject of regulation at the point of H 1 This is only one thing. It ' s allowed to settle down in the form of rental.

4. The object case is a household, a resettlement of a resettlement purchased, rented, rented in a social housing order to be at the provisions of this Article 1 This Article was specified by the Provincial Committee of the People's Provincial Committee without the applicable provisions of Article 3. This.

5. The buyer, rent, rent-to-house social housing, the private builder is the designated objects at Clause 1 This article, which has permanent registration or temporary registration in the province, the Central City of the Central City where the social housing is located.

What? 15. Sales price, rental, social housing purchase

1. The price of sale, rental, rental of home in the investment society by the state budget capital made in accordance with the regulation of the law on management, use of the state owned housing.

2. The sale prices, rental prices, for rent-based social housing are invested in outsourced funds defined in principle:

a) The sale price in the society led by the project investor determined on the basis of the principle of ensuring the principle of sufficient costs to recover, including interest (if any) and the expected return of the entire project does not exceed 10% of the total investment costs.

The project case with a lower sale price than the home-building investment in the same category as the competent authorities at the same time is allowed to calculate the rate of valuation in sales prices not exceeding 15% of the total investment cost.

b) The rental price, the social housing buyer due to self-identified project owners on the basis of ensuring the principle of principle is sufficient to recover capital, including interest (if any) and the expected profit of the entire project does not exceed 15% of total investment costs; no calculation. State grants stipulate at Article 12 of this decree at the price of the lease, for the lease of the house in society; the deadline for the return of capital to the social housing for a minimum lease is 15 (fifteen) years, since the date of the signing.

In the case of social housing rental, the purchasate must first submit 20% of the housing value and submit the remainder by the term due to the lease and the lease of the agreement, calculated from the time of the home table there; the minimum social housing lease was $05. (year) years, since the date of the lease on the lease of the home to the lease.

c) The Provincial People's Committee is responsible for organizing the sale price appraisal, rental price, lease-to-house acquisition by the investment in the project by foreign funds on the site.

3. For home-owned social housing, private-built individuals build to rent, lease or sell by the owner self-determining price but not higher than the price bracket issued by the Provincial People ' s Committee.

4. Social housing tenants are responsible for filing a deposit of a deposit under the agreement of the two parties, but the maximum does not exceed 06 (six) months, the minimum no less than 03 (three) months of rent in order to secure the implementation of the obligations. The tenant's case.

Allowing the rental party and social housing to be agreed on the deposit rate is higher than the filing rate at this paragraph, but this deposit deposit does not exceed 50% of the value of the rental housing. In the case of a tenant filing a deposit under the stipulation at this paragraph, it is discounted to rent or not to pay the rent at a given deadline due to the two sides of the agreement.

The case of poor, poor, and subject matter stipulated at the points a, e and h 1 Article 14 of this Decree is not required to pay a deposit while renting a house in society.

5. The Provincial People ' s Committee is responsible for the organization of the inspector, which checks the sale, leasing, renting out the social housing on the site by the provisions of the law on housing and the decree.

6. The buyer, hire, rent-to-hire social housing capital of credit organizations, commercial banks and financial institutions established and operates under the law of law to pay for money purchased, rent, rent in social housing from capital-based sources. stipulation at the D-Point of Clause 1 Article 12 of this Decree with a lower preferable interest rate than market interest, the payment term is consistent with the customer's ability to repay the debt.

What? 16. Contract for sale, rent, rent in social housing

1. The purchase, rent, social housing purchase must be established in accordance with the right template contract provided by the Ministry of Construction and Board.

2. The purchase contract, which rents out the social housing under the project signed between the investment holder with the buyer, rents out from the time of construction of the foundation; the seller side is mobilized in advance of the customer in accordance with the agreement, but the maximum does not exceed 70%. the home value in the contract; the contract, social housing, can be signed between the investment owner or the owner of the management mandate, operating the housing and housing tenants.

3. The social housing lease is a lease on the lease of the housing lease only after the completion of the construction and hand-to-home investment in use; the social housing contract is signed with a maximum duration of 05 (year) years.

4. Social housing lease terminated in the following cases:

a) Over the expiration of the lease at the lease, the lease does not have the need to lease;

b) End the lease on the agreement of the two sides;

c) The lease of the single house terminated the lease before the deadline;

d) The tenant of the house violated the agreements in the contract that the property terminated the lease before the deadline;

This is an end to the decision of a competent state agency.

5. The case of expiration of the contract that the tenant is still subject to the subject and eligible for rent in the society, the parties agreed to sign the lease of the housing lease; before the expiration of the lease for three months, if the lease remains the need for housing and not microchip. In terms of an agreement to terminate the lease agreement under the agreement of the signed lease agreement, the right to contract new housing lease or to renew the lease on social housing.

What? 17. Social housing quality management

1. The management of the quality of construction work on social housing projects is implemented as defined by the law on the management of the building quality in accordance with the principle of quality assurance as commercial housing projects.

2. For social housing due to households, individuals who invest in construction must comply with the rule of law on urban planning and rural settlement; there must be a construction permit under the rule of law on construction and must be built by the Department of Construction or Defense. The district's housing management functions, the district, the town (later known collectively as the District People's Committee) have the text confirming the suitability of the conditions under the provisions of the Ministry of Construction prior to the deployment of the lease, lease or sale of the housing.

What? 18. Manage operators, using social housing.

1. The management of the exploitation, the use of social housing is invested with the state budget capital made by the regulation of the law on management, using the state owned housing.

2. For the social housing that is invested in a source of capital outside the state budget, the project capital is responsible for organizing the use of the use, operation and exploitation of social housing.

3. The management of the use of social housing is that the apartment building is done according to the regulation of the housing law.

Social housing operations management services are entitled to the same mechanisms as for the utility service under the guidance of the Ministry of Finance.

4. The management and exploitation management unit in society is entitled to the business of other services in the social housing sector to make up the cost of operating the cost of operating management, maintenance to reduce the price of housing.

5. For social housing due to households, individuals who invest in construction:

a) The owner has a self-managed lease or rent, a trust for the unit that has a business-management business function in order to manage, operate the housing fund due to its investment.

b) In the deadline for rent on the signed contract, the housing owner is allowed to sell housing to the tenant, if the employer has the need to buy and the seller does not have to pay the use of the land to the state when the house is sold.

c) Home owners enjoy the rights and is responsible for implementing obligations to the housing of its own in accordance with the provisions of the civil law and the law of housing.

d) The Department of Construction provides specific regulation of quality management, exploitation and management of social housing due to households, individuals built for sale, leasing, leasing.

What? 19. Rights, obligations and responsibilities of the seller, leasing, leasing and purchasing, rent, rent in social housing

1. The seller, the rental, the lease, and the buyer, hire, rent out housing in the society which is responsible for the implementation of the rights and obligations under the provisions of the law of housing and civil law, which must comply with some of the following basic rights and obligations:

a) For the seller, for rent, for rent-buying in society:

-Must make a strict implementation of the terms agreed in the purchase contract, lease, lease for the signed housing purchase;

-entitled to end the purchase contract, lease, lease, to buy the house in society by agreement in the signed contract;

-The organization established the Social Home Administration Board and enacted the Social Home Management Regulation under the guidelines of the Ministry of Construction for the type of housing in society as the apartment house;

-For the social housing rental case, the rental side is entitled to revoking the lease at the lease at the end of the lease, but must notify the tenant for at least a month and must return it to the deposit rent, the rent has been paid. return (if any) follow the agreement in the lease;

-To collect service fees related to management, use of social housing in accordance with the agreement in the signed contract and the Regulation of Social Home Management;

-Do not raise the price of sale, lease, lease on social housing, when the state agency is not authorized under the provisions of this decree;

-To accept the decision of the competent agency on the handling of violations of violations and settlement of complaints, disputes involving the purchase, rental, rental of social housing;

-Do other rights and obligations under the rule of law.

b) For the buyer, rent, rent in social housing:

-entitled to end the purchase contract, rent, rent in the social housing under the agreement in the signed contract;

-To implement the terms, the clause agreed in the purchase contract, rent, rent-to-hire in the signed society and the Rules for the Management of the Rental Housing due to the authority under the authority of the authority;

-To buy, rent, rent must approve the decision of the agency with jurisdiction over the handling of violations of violations and settlement of complaints, disputes related to the purchase, rental, rent of housing in society and the implementation of other rights and obligations. according to the rule of law;

-For the social housing for rent, the hired party is liable to return home to the lease under the agreement in the signed lease agreement; the application of a unilateral lease terminated the contract before the deadline then must notify the tenant. before at least a month; if the tenant has paid in front of the housing rent for both the lease period, the amount of rent paid by the remaining lease period and the return of the deposit by the provisions of this decree; the lease was received. The right to buy housing is renting if the owner makes a home sale in accordance with the regulation at this decree and the law on housing is relevant; it is not voluntary maintenance, Renting a lease, using a tenant at another purpose, for others to rent or lend a housing; do not transfer the lease of the housing lease or swaps rent to others without the consent of the rental party.

2. Based on the regulation at this decree, the parties must be agreed upon and noted in the purchase contract, for rent, rent on the social housing of the rights and obligations of the two parties; cases of termination of the purchase contract, for rent, rent in social housing; purchase price, Renting, renting in the social housing and purchasing money, rent, rent must submit when doing business purchases, renting, renting in social housing.

Chapter IV

HANDLING VIOLATIONS OF THE BREACH AND SETTLEMENT OF THE COMPLAINT, DISPUTES IN MANAGEMENT, USE OF SOCIAL HOUSING.

What? 20. The violations in management, using social housing, are available.

1. Behavior violations of agreements in the contract of sale, leasing, renting in social housing.

2. Behavior violations of the laws of law are involved in the management, use of social housing.

What? 21. Processing infringed behaviors in management, using social housing and other areas.

1. The seller, the lease, the lease, and the buyer, lease, rent out the house in the society if it violates the agreements written in the contract on which the 2 parties have signed it must be held accountable under the agreed agreement in the signed contract. In the case of damage, the damages are required by law.

2. The overdue case must return the housing under the agreement in the lease and the lease purchase contract in the society (for the case the lease does not perform the payment of the money under the signed contract) that the tenant, the tenant, has not returned home yet. The rent, the rent, has the right to recommend that the state agency has jurisdiction over the institution of the institution, to move the lease, to buy it. The Provincial People ' s Committee is responsible for organizing the coerentive or authorship of the organizing district authority to carry out the statutory coerventiation of the law on housing and civil law to hand over the social housing to the rental party, leasing in Maximum duration is 05 (five) months, since the date received by the offer of the lease, for rent. Forced expenses, rental housing, rental rental, rental payments.

3. The case of the seller, which lease the home in the socially implemented social housing, is subject to the provisions of the law. The purchase, which rents out housing in this case has no legal value; the buyer, rent-free housing, is not recognized by the State for the purchased housing, rented and not granted a Certificate of Land Use, Housing and Financial Property Rights. It ' s different from land.

4. The case of a tenant, a social housing buyer that is self-employed for others renting or transferring lease contracts, renting out social housing to others or swaps of renting, renting, or for people to borrow from social housing is renting, renting. Renting, renting out the right to terminate the lease, rent out the housing before the deadline and recover the house in the rental society, rent it.

5. For acts of violation of other laws on the sale, renting, renting in the social housing, depending on the extent of the breach that does the administrative process or the search for criminal liability by the current law of law.

What? 22. Handled complaints, disputes involving social housing and social media.

1. The case with a complaint, the dispute involving the social housing, the parties together negotiate, the agreement to resolve. If the parties cannot negotiate, the settlement agreement is processed under the provisions of Article 2 of this.

2. The settlement of the complaints, the dispute regarding the social housing in accordance with the following regulation:

a) If there is a complaint about the fees associated with the management of social housing, then the People's Committee of the People's Department of Social Affairs is settled. The deadline for the Provincial People ' s Committee to resolve the maximum resolution is 2 (two) months, since the date of receiving the offer of one of the two parties. The decision to resolve the Provincial Committee of the Provincial Committee was the final decision.

b) If there is a dispute over the sale, lease, rent in society is resolved by the Court of People by the rule of law.

Chapter V.

THE ORGANIZATION.

What? 23. Construction of the Ministry of Construction

1. Do the tasks assigned by the provisions of this decree and at the direction of the Prime Minister.

2. Guide and implement the management, use of the investment capital building social housing from the central budget as defined by the state budget law.

3. Board in accordance with the design of the model design, the typical social housing design; the statute of management of the use, the operation of home fund exploitation in society;

4. Host, in collaboration with the Provincial People ' s Committee of some of the key venues that have a high demand for housing in society to direct, tasked with the functions of state companies that have the function and experience of housing business, implementing the implementation of housing projects in the country. It has a large, large-scale social infrastructure, connecting public transport in order to secure housing improvements to home-based difficult subjects in the country to 2020 and the 2030 vision issued by the Prime Minister.

5. Chair, in coordination with ministries, disciplines, Provincial People's Committee to guide, test, inspect by authority on the development and management of social housing; aggregate, assessment of the implementation of the implementation of this decree; the proposal for revision, supplemation to In accordance with the actual situation, the government considers it, the decision.

6. Do other duties, other powers according to the rule of law.

What? 24. The responsibility of the ministries, the sector concerned

1. Ministry of Planning and Investment:

a) The presiding, coordinating with ministries, the allocation of capital from the central budget to investment building in society and to support preferable lending to social housing projects; the presiding officer studies the authority to review, the addition of social housing projects. to the portfolio of credit-funded projects preferable or to support investment in accordance with the provisions of the law on investment.

b) Host, in coordination with the ministries, the mobiles of the ODA capital, FDI to support investment in social housing projects.

2. Ministry of Finance:

a) Guide implementation of incentives related to fiscal policy, taxation, credit, form of form and investment fund creation at industrial manufacturing enterprises, to issue bonds issued by the Government of the Government and the local government bond. to develop social housing in accordance with this decree.

b) Chair of research to report the Government of the National Assembly to amend the addition of valuing tax law, corporate income tax, personal income tax with the highest level of incentives for social housing development projects, subject to housing development in the United States. social and purchasing subjects, renting, renting social housing in accordance with this decree.

c) Coordinated with the Ministry of Planning and Investment that made the deployment of capital from the central budget to investment building in society at the discretion of the Prime Minister.

d) The specific method of determining the value of land used by the seller in accordance with the provisions of this decree.

Guided by the authority or agency that has authority to rule the regime as long as the tax rate increases, corporate income tax, personal income tax, other taxes, and free regime use of the land; specifically regulating the release of bonds. By the Government of the United States, the Government of the United States and the Government of the United States will be elected by the government and local government bonds to develop social housing in accordance with the

3. The Ministry of Natural Resources and Environment is responsible for presiding, in coordination with the Ministry of Construction Guide to the Local in planning, land use plans, ensuring enough land funds to implement the implementation of social housing development projects; presiding, coordination with the Environment. The Department of Construction guidelines for the granting of land use, property rights, and other assets associated with the land for purchased subjects, renting in social housing according to the provisions of this decree.

4. Vietnam State Bank is responsible:

a) The Chair, in collaboration with the Ministry of Construction, proposed the source of credit capital support in the social housing development of the Prime Minister review, the decision.

b) Host and coordination with the Ministry of Construction and the Ministry of Finance to direct, the governor and guide of credit organizations, commercial banks and financial institutions implementing the deployment of certain rates on the total loan balance to give the subjects to be purchased, Renting, social housing outsourcing, social housing development projects and households, individuals who participate in social housing investment with interest rates are lower than the market interest rate and the regulatory pay term in accordance with the stipulation at Point 1, Point 3 Article 12 And paragraph 6 Article 15 of this decree.

c) The Chair, in coordination with the ministries, which is concerned with the study to enact by the authority or the competent authority to enact relevant regulations regarding the use of housing and construction works formed from the borrower as collateral. when borrowing capital; direction of the order, procedure, conditions to borrow capital, rent, rent, purchase housing, as defined by this decree.

What? 25. The responsibility of the People ' s Committee of the provinces, the Central City

1. Organization, directing the investigation, survey, aggregation of demand for building programs, plans, only spending investment building in social housing annually, 05 (year) years and longer on the site of the site.

2. Runder, adjust, adds land funds intended to develop social housing in general planning, division planning, local urban details planning; land fund recovery of commercial housing development projects, the new urban area assigned to the owners of the site, the site of the government. Investment, but not deployment or slow deployment compared to the approved progress, the 20% land fund devoted to building social housing in commercial housing development projects, new urban areas but has not yet used to deliver to the investment owners whose investment needs are built on the site. A house in society.

3. Specific regulation and public publication of the standards, objects and conditions purchased, rent, rent-buying in society on the site by building a point sheet ladder to suit the conditions of each local; the organization manages and follows the work of the site. sale, rent, lease, to restrict the state of profituation in order to profit.

4. Specific regulation of the incentive mechanism, preferable to call for economic components to participate in the investment of social housing on the site of the site; the process of managing the use, exploitation of social housing funds on the site of the site.

5. The organization of inspectors, inspection, monitoring and disposal of violations related to the purchase, rent, rent of social housing on the local site by jurisdiction.

6. Ask the hosts to project social housing development on the site of a report on the site of the deployment of the project implementation of the project for the state governing body on locally based housing; the organization of the transaction, the preliminary assessment of the situation, the results performed. Local social housing development periodically or in accordance with the request of a sudden, report of the Ministry of Construction to sum up, report the Prime Minister.

What? 26. The responsibility of businesses with a manufacturing base in the industrial zone

1. For businesses that have been manufacturing in the industrial sector is responsible for financing the social housing development in order to meet the needs of housing for workers, workers at the facility that are struggling with housing.

2. For newly established or expanded manufacturing businesses that have a responsibility to determine the needs of housing for workers, while also planning to secure housing for the workers of their units.

Chapter VI

EXECUTION CLAUSE

What? 27. The transition clause

For housing development projects for industrial sector workers and housing development projects for low-income people in the municipality have been set up by the regulation of the No. 1 decision. 66 /2009/QĐ-TTg and Digital Decision 67 /2009/QĐ-TTg April 24, 2009 by the Prime Minister, but the Provincial People ' s Committee has not approved an investment or case that has been approved for investment but the investor with a proposed change under the regulation at this Agreement is implementing, appraisal, approval, investment approval, or approval of the additional project content implementation under the provisions of this decree.

What? 28.

1. This decree has been in effect since 10 January 2014.

2. Repeal Articles 31, 32, 33, 34, 35, 36, 37, 38, 39 and 40 and Point c, Section 4, Article 58 of Decree No. 71 /2010/NĐ-CP June 23, 2010 by the Government Regulation and guidelines for the implementation of the House Law; specified content at section II and III section II of the 18th and the General Decree No. 18 /NQ-CP on 20 April 2009. 66 /2009/QĐ-TTg April 24, 2009 by the Prime Minister issued a number of mechanisms, housing development policies for labor workers in rented industrial zones, Decision Number Decision, and Labor Day. 67 /2009/QĐ-TTg April 24, 2009 The Prime Minister issued a number of mechanisms, housing development policies for low-income people in the metropolitan area.

3. The ministers, peer-to-peer authority, Head of the Government of the Government, Chairman of the People's Committee of the Provinces, the Central City of the Central Committee is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung