Circular 07/2021/TT-BXD amending, supplementing, repealing Circular 19/2016/TT-BXD, Circular 02/2016/TT-BXD

CIRCULAR

On amending, supplementing and repealing a number of articles of the Minister of Construction’s Circular No. 19/2016/TT-BXD dated June 30, 2016 and Circular No. 02/2016/TT-BXD dated February 15, 2016

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

Pursuant to the Government's Decree No. 99/2015/ND-CP dated November 20, 2015 on detailing and guiding the implementation of a number of articles of the Housing Law and the Decree No. 30/2021/ND-CP dated March 26, 2021 on amending and supplementing a number of articles of the Government’s Decree No. 99/2015/ND-CP on detailing and guiding the implementation of a number of articles of the Housing Law;

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

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

The Minister of Construction promulgates the Circular amending, supplementing and repealing a number of articles of the Circular No. 19/2016/TT-BXD dated June 30, 2016 and Circular No. 02/2016/TT-BXD dated February 15, 2016.

Article 1. To amend, supplement and repeal a number of articles of the Circular No. 19/2016/TT-BXD dated June 30, 2016 guiding some contents of the Housing Law and the Government’s Decree No. 99/2015/ND-CP dated October 20, 2015 detailing and guiding the implementation of a number of articles of the Housing Law as follows:

1. To amend and supplement Clause 5, Article 3 as follows:

“5. The funds for formulating and adjusting a local housing development plan shall be determined as below:

a) The funds for formulating a five-year housing development plan and the plan for the first year of the period must not exceed 50% of the total funds for formulating a housing development program determined at the time of cost estimation; the funds for researching to adjust a five-year housing development plan must not exceed 60% of the total funds for formulating a five-year housing development plan prescribed in this Point;

b) The funds for formulating an annual housing development plan (except the plan for the first year of the period) must not exceed 20% of the total funds for formulating a housing development program determined at the time of cost estimation; the funds for an adjustment of an annual housing development plan must not exceed 60% of the total funds for formulating an annual housing development plan specified in this Point.

2. To supplement Article 3a after Article 3 as follows:

“Article 3a. Criteria for identifying demands for houses to formulate housing development programs and plans

Demands for houses upon formulation of local housing development programs and plans shall be identified based on the following criteria:

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

2. Housing development targets regulating in the provincial master plans, local construction master plans of the implementation phase of programs, plans of housing development that have been approved by the competent agencies.

3. Land areas for housing development that are determined in the construction master plans, master plans, plans of land use of the localities as approved by the competent agencies.

4. Demand for housing areas of each subject as specified in Article 49 of the Housing Law in the localities.

5. Mechanisms and policies for housing support that are promulgated by the State at the time of research and formulation of the housing development programs, plans.

6. Actual situation of housing areas in the localities provided by competent agencies at the time of formulation of housing development programs and plans; actual situation of commercial houses, social houses, official-duty houses, houses for resettlement, houses for poor households in rural areas and houses for other subjects in the period of preceding five years or ten years.

7. Actual situation of population and per capita income in the localities at the time of formulation of the programs, plans, expected natural and migratory population increases provided by competent agencies during the implementation phase of housing development programs and plans.

8. Estimated financial capacity from the local budget to support the construction of houses for subjects eligible for social housing policies.”

3. To repeal the following regulations: Article 4, Article 5, Article 6, Article 7, Article 8, Clause 1 Article 9, Article 11, contents related to investment in the form of build-transfer (BT) specified at Point b, Point c, Clause 2, Article 13; Point b, Clause 2, Article 17, the phrase "lease-purchase prices" in Clause 2, Article 20; Clause 1, Article 21 and Appendices No. 02, 03, 04, 05, 06 of the Minister of Construction’s Circular No. 19/2016/TT-BXD dated June 30, 2016 guiding some contents of the Housing Law and the Government’s Decree No. 99/2015/ND-CP dated October 20, 2015 detailing and guiding the implementation of a number of articles of the Housing Law.

Article 2. To amend the Regulation on management and use of condominiums issued together with the Circular No. 02/2016/TT-BXD dated February 15, 2016 on promulgating the Regulation on management and use of condominiums as follows:

To repeal Point e, Clause 4, Article 8 of the Regulation on management and use of condominiums issued together with the Circular No. 02/2016/TT-BXD dated February 15, 2016 on promulgating the Regulation on management and use of condominiums.

Article 3. Implementation provision

1. This Circular takes effect on August 15, 2021.

2. For investment projects on construction of social houses, houses for resettlement in the form of build-transfer (BT) that are being implemented or have been completed, methods, formulas of determining the rates of rental or rental for purchase of social houses, houses for resettlement shall continue to comply with the Minister of Construction’s Circular No. 19/2016/TT-BXD dated June 30, 2016 guiding some contents of the Housing Law and the Government’s Decree No. 99/2015/ND-CP dated October 20, 2015 detailing and guiding the implementation of a number of articles of the Housing Law.

3. Any difficulties and problems arising in the course of implementation should be promptly reported to the Ministry of Construction for guidance or appropriate amendment, supplementation./.