Circular 09/2021/TT-BXD guiding Decrees 100/2015/ND-CP, 49/2017/ND-CP on social housing development

CIRCULAR

Guiding the implementation of a number of provisions of the Government's Decree No. 100/2015/ND-CP dated October 20, 2015, on social housing development and management and the Government's Decree No. 49/2017/ND-CP dated April 01, 2021, amending and supplementing a number of articles of the Government's Decree No. 100/2015/ND-CP dated October 20, 2015, on social housing development and management

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Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Housing Law dated November 25, 2014;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law Amending and Supplementing a Number of Article of the Construction Law dated October 17, 2020;

Pursuant the Government's Decree No. 100/2015/ND-CP dated October 20, 2015, on social housing development and management and the Government's Decree No. 49/20 17/ND-CP dated April 01, 2021, amending and supplementing a number of articles of the Government's Decree No. 100/2015/ND-CP dated October 20, 2015, on social housing development and management;

Pursuant to the Government’s Decree No. 25/2020/ND-CP dated February 28, 2020, detailing a number of articles of the Bidding Law regarding investor selection;

Pursuant to the Government's Decree No. 31/2021/ND-CP dated March 26, 2021, detailing and guiding the implementation of a number of articles of the Investment Law;

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

At the proposal of the Director of the Housing and Real Estate Management Agency, the Minister of Construction hereby promulgates the Circular guiding the implementation of a number of provisions of the Government's Decree No. 100/2015/ND-CP dated October 20, 2015, on social housing development and management and the Government's Decree No. 49/20 17/ND-CP dated April 01, 2021, amending and supplementing a number of articles of the Government's Decree No. 100/2015/ND-CP dated October 20, 2015, on social housing development and management.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular guides the implementation of a number of provisions of the Government's Decree No. 100/2015/ND-CP dated October 20, 2015, on social housing development and management (hereinafter referred to as the Decree No. 100/2015/ND-CP) and the Government's Decree No. 49/20 17/ND-CP dated April 01, 2021, amending and supplementing a number of articles of the Government's Decree No. 100/2015/ND-CP dated October 20, 2015, on social housing development and management (hereinafter referred to as the Decree No. 49/2021/ND-CP) on conditions, criteria for selection of owners of social housing investment projects; methods for determining sale prices, rental rates and rent-purchase rates of social houses; forms of papers proving eligible subjects and conditions for entitlement of social housing support policies; model contracts on purchase and sale, rent or rent-purchase of social houses.

2. The formulation of the social housing data system, updating of information about subjects eligible for purchase, rent, and rent-purchase of social houses on the Ministry of Construction's e-portal shall comply with this Circular and the law on construction, management, and use of the housing and real estate information system.

3. Design standards, minimum construction conditions applicable to individual houses used as social houses and quality management, exploitation, use, and management of social houses invested and built by households and individuals in accordance with the housing law, the law on construction, and planning.

4. Contents of the regulation on management of the use, operation, and exploitation of the social housing fund shall comply with the housing law.

Article 2. Subjects of application

This Circular applies to organizations, households, individuals, and state management agencies involved in social housing development and management under the Decree No. 100/2015/ND-CP.

Chapter II

CONDITIONS AND CRITERIA FOR SELECTION OF OWNERS OF SOCIAL HOUSING INVESTMENT PROJECTS

Section 1

Provisions on the selection of owners of social housing investment projects in the form of bidding

Article 3. Principles of selection of owners of social housing investment projects in the form of bidding

1. Social housing investment projects whose owners are selected by the form of bidding must satisfy conditions specified in Clauses 2, 3, 5, and 6, Article 11 of the Government's Decree No. 25/2020/ND-CP dated February 28, 2020, detailing a number of articles of the Bidding Law regarding investor selection (amended and supplemented in Clause 4, Article 108 of the Government's Decree No. 31/2021/ND-CP, detailing and guiding the implementation of a number of articles of the Investment Law) and the following conditions:

a) Not using capital sources specified Clause 1, Article 53 of the Housing Law for work construction investment;

b) Not belonging to the cases specified at Points c and d, Clause 2, Article 57 of the Housing Law (except for the cases specified in Clause 3, Article 8 of this Circular);

c) Obtaining decisions on approval of project investment policy in accordance with the law on investment;

d) Having construction detailed master plans approved by competence agencies.

2. Detailed process, order, and procedures for the selection of owners of social housing investment projects through bidding shall comply with the bidding law on the selection of investors to perform land-using investment projects.

3. The bid-winning investor shall be the owner of the social housing investment project.

Article 4. Formulation, approval, and announcement of lists of social housing investment projects subject to selection of project owners in the form of bidding

The formulation, approval, and announcement of lists of social housing investment projects subject to selection of project owners in the form of bidding shall comply with the Government's Decree No. 31/2021/ND-CP dated March 26, 2021, detailing and guiding the implementation of a number of articles of the Law on Investment (hereinafter referred to as the Decree No. 31/2021/ND-CP) and the Government's Decree No. 25/2020/ND-CP dated February 28, 2020, detailing a number of articles of the Bidding Law regarding investor selection (hereinafter referred to as the Decree No. 25/2020/ND-CP).

Article 5. Methods and standards for evaluation of bid dossiers

1. Methods of evaluation of bid dossiers specified in Clause 2 of this Article shall be presented by standards for evaluation in the bid dossiers, including:

a) Standards and methods of evaluation of capacity and experience shall comply with the Decree No. 25/2020/ND-CP.

b) Standards and methods of evaluation of applied technique shall comply with the Decree No. 25/2020/ND-CP.

c) Standards and methods of financial-commercial evaluation shall comply with the Decree No. 25/2020/ND-CP, except for the M3 criterion. The approval of bid-winning investors must comply with Article 6 of this Decree.

2. Forms related to notices of invitation for expression of interest; preliminary requirements on capacity and experience and bidding dossiers for investors to register for performing social housing investment projects subject to bidding shall comply with the following provisions:

a) Being applied as forms prescribed by the bidding law (m3 value shall not be applied).

b) The modification of dossier templates specified in this Clause must comply with the bidding law.

Article 6. Conditions and criteria for approval of bid winners

1. An investor shall be selected to be the owner of a social housing investment project by bidding if he/she/it fully satisfies conditions specified in Clause1; Clause 2; Clause 3; Point a, Point b, Clause 4, Article 56 of the Decree No. 25/2020/ND-CP.

2. The bid-winning investor is the one with the highest total score of criteria on a scale of 100 (in case the total score of the criteria is equal, the investor with the higher criteria shall be selected in the order specified in this Article, on the principle that if the previous content has been met by the contractor, the following content shall not be considered) according to the following provisions:

a) Criterion on the financial capacity to perform the project (an investor with more equity according to the land law, etc. shall be selected): From 20 to 30 points.

b) Criterion on architectural and planning solutions (an investor proposing more areas for green trees, the technical and social infrastructure of the project, public utilities for citizens of the project, etc. shall be selected): From 15 to 25 points.

c) Criterion on investment in technical and social infrastructure construction (an investor with the financial capacity to advance funds for ground clearance and investment in the construction of technical and social infrastructure shall be selected): From 10 to 20 points; for projects that already have the technical and social infrastructure, all investors shall receive the maximum point.

d) Criterion on experience in performing the housing investment project (an investor who has performed more housing investment projects shall be selected): From 5 to 15 points.

dd) Criterion on the schedule to perform the project and put it into use (an investor proposing the shortest performance period shall be selected): From 5 to 10 points.

Section 2

Conditions and criteria for selection of owners of social housing investment projects in the form of bidding

Article 7. For social housing investment projects specified at Point c, Clause 2, Article 57 of the Housing Law

1. For social housing investment projects specified at Point c, Clause 2, Article 57 of the Housing Law, project owners registering for being owners of social housing investment projects must have the function to conduct real estate business in accordance with the law on real estate business.

2. The competent agency shall approve the investment policy and concurrently approve the investor performing the project under Clause 5, Article 29 of the Decree No. 31/2021/ND-CP, for the investor selected to be the owner of the social housing investment project according to Clause 1 of this Article.

Article 8. For social housing investment projects specified at Point d, Clause 2, Article 57 of the Housing Law

1. For social housing investment projects specified at Point d, Clause 2, Article 57 of the Housing Law, project owners registering for being owners of social housing investment projects must have the financial capacity to perform projects in accordance with the land law and relevant laws.

2. In case only one investor registers, the competent agency shall approve the investment policy and the investor, if such investor satisfies conditions specified in Clause 1 of this Article.

3. In case two or more investors submit valid dossiers of proposal for performing a social housing investment project in the same location, the selection of project owner shall comply with Section 1, Chapter II of this Circular.

Chapter III

METHODS OF DETERMINING SALE PRICES, RENTAL RATES, AND RENT-PURCHASE RATES OF SOCIAL HOUSES

Article 9. Methods of determining sale prices of social houses

The sale price of a social house shall be determined by the following formula:

In which:

- Gi^B (VND/m²): the sale price of 1m² (use areas) of the completed social apartment (or house) at location number i.

- T_dd (VND): Total construction investment funds, including expenses for construction investment and other reasonable expense items, which are allocated for the social house areas for sale and are determined in conformity with the time of submission for the appraisal; in which:

+ Expenses for construction investment include a part or entire expense items of the total construction investment amount, determined according to the law on management of construction investment expenses allocated to social house areas for sale;

Expenses for construction investment shall be determined according to the law on management of construction investment expenses (including expenses for ground clearance, compensation, resettlement, technical infrastructure (if any); general expenses of the project allocated for social house areas for sale);

+ Other reasonable expenses including expenses for sale, advertisement (if any), and other expenses necessary for the project implementation. The total reasonable expense must not exceed 2% of the total construction investment expense for social house areas for sale.

- T_dv (VND): The profits from the sale, lease, and lease-purchase of social houses in the social housing investment project, which is allocated for social house areas for sale, shall be determined as follows:

+ The project owner shall be entitled to sell, lease, or lease-purchase areas for commercial business as prescribed at Point a, Clause 8, Article 1 of the Decree No. 49/2021/ND-CP (which are specified in social housing projects approved by competent authorities) at commercial business prices (in the price structure included the exempted land use levy) for those in need to offset expenses for social house investment, contribute to reduce sale prices, rental rates and rent-purchase rates of social houses and reduce costs for management and operation of social houses of the project.

The accounting of profits earned from areas for commercial business to offset the costs of social housing must clearly state the offset to reduce the sale prices, the rental rates, the rent-purchase rates, the offset for the management, operation of social houses and must be clearly shown in the financial balance plan of the entire project as prescribed at Point d of this Clause. The provincial-level Department of Construction or local agencies in charge of appraisal of sale prices, rental rates, and rent-purchase rates of social houses shall be responsible for inspecting the project owner's accounting.

+ Profits earned from the sale, lease, lease-purchase of social houses in a social housing project shall be accounted as follows:

In case the project owner sells, leases, or lease-purchases commercial houses, the earned profits shall be determined according to reality (in case it cannot be calculated according to reality, the earned profit must be expected for distribution), but must not be lower than the land use levy and land rental for which the land areas for commercial housing construction is exempt. Based on the actual situation on sale prices, rental rates, and rent-purchase rates of social houses in the locality, the project owner shall be responsible for distributing earned profits to determine sale prices, rental rates, and rent-purchase rates of social houses, in which priority is given to distribute earned profits to rental rates of social houses in conformity with income of households and individuals eligible for social housing support policy in the locality.

- L (VND): The normed profit calculated for the project, up to 10% of the total construction investment fund allocated to the social housing areas for sale.

- S^B (m²): Total using areas of social houses for sale of the project, including areas of apartments or houses that the project owner keeps and refuses to sell.

- Ki: The coefficient of adjusting sale prices for the areas at location number i, on the principle that earned profits must not exceed the normed profits calculated for the project.

Article 10. Methods of determining rental rates of social houses

Rental rate of a social house shall be determined by the following formula:

In which:

- Gi^T (VND/m²/month): Rental rate of 1m² (use areas) of the completed social apartment (or house) at location number i in one month.

- V_dd (VND/year): Total investment fund for construction of social houses of the project, allocated for the use areas of social houses for lease which is allocated annually on the principle of capital preservation, determined by the following formula:

+ T_dd (VND): Total construction investment funds (including expenses for construction investment and other reasonable expense items) which are allocated for the social house areas for lease and are determined in conformity with the time of submission for the appraisal; in which:

* Expenses for construction investment include a part or entire expense items of the total construction investment amount, determined according to the law on management of construction investment expenses allocated to social house areas for lease;

* Other reasonable expenses including expenses for sale, advertisement (if any), and other expenses necessary for the project implementation. The total reasonable expense must not exceed 2% of the total construction investment expense for social house areas for lease.

+ r (%/year): The interest rate for preserving investment capital (calculated by year) is decided by the investment decider.

+ n: The number of years to recover the investment capital of the project, decided by the investment decider, but at least 15 years; or at least 20 years, for social houses only for lease.

- 12: The number of months to rent a house in one year.

- L (VND/year): The normed profit calculated for the project by year, up to 15% of the total construction investment fund allocated to the social housing areas for lease.

- B_t (VND/year): The average annual construction maintenance cost allocated to the social house areas for lease.

- T_dv (VND/year): The profits from the sale, lease, and lease-purchase of social houses in the social housing investment project, that is allocated for social house areas for lease, shall be determined according to Article 9 of this Circular;

- Si^T (m²): Use areas of the social apartment (or house) for lease at location number i.

- Ki: The coefficient of adjusting rental rates for the areas at location number i, on the principle that earned profits must not exceed the normed profits calculated for the project.

Article 11. Methods of determining rent-purchase rates of social houses

Rent-purchase rate of a social house shall be determined by the following formula:

In which:

- Gi^TM (VND/m²/month): Rent-purchase rate of 1m² (use areas) of the completed social apartment (or house) at location number i in one month. The rent-purchase rate does not include maintenance costs.

- Ai: The ratio between the residual value of the social apartment (or house) at location number i (after deducting the first payment) compared to the initial value of the i^th rent-purchase apartment or house (A < 1) calculated according to the lease-purchase contract.

- V_dd (VND/year): Total investment fund for construction of social houses of the project, allocated for the use areas of social houses for lease-purchase which is allocated annually on the principle of capital preservation, determined by the following formula:

+ T_dd (VND): Total construction investment funds (including expenses for construction investment and other reasonable expense items) which are allocated for the social house areas for lease-purchase and are determined in conformity with the time of submission for the appraisal; in which:

* Expenses for construction investment include a part or entire expense items of the total construction investment amount, determined according to the law on management of construction investment expenses allocated to social house areas for lease-purchase;

* Other reasonable expenses including expenses for sale, advertisement (if any), and other expenses necessary for the project implementation. The total reasonable expense must not exceed 2% of the total construction investment expense for social house areas for lease-purchase.

+ r (%/year): The interest rate for preserving investment capital (calculated by year) decided by the competent person.

+ n: Time for lease-purchase as agreed between both parties, but at least 05 years.

- L (VND/year): The normed profit calculated for the project by year, up to 15% of the total construction investment fund allocated to the social housing areas for lease-purchase.

- T_dv (VND/year): The profits from the sale, lease, and lease-purchase of social houses in the social housing investment project, that is allocated for social house areas for lease-purchase, shall be determined according to Article 9 of this Circular;

- Si^TM (m²): Use areas of the social apartment (or house) for lease-purchase at location number i.

- Ki: The coefficient of adjusting rent-purchase rates for the areas at location number i, on the principle that earned profits must not exceed the normed profits calculated for the project.

Chapter IV

FORMS OF PAPERS PROVING ELIGIBLE SUBJECTS AND CONDITIONS FOR ENTITLEMENT OF SOCIAL HOUSING SUPPORT POLICIES; INFORMATION ON SUBJECTS ELIGIBLE FOR PURCHASE, RENT, AND RENT-PURCHASE OF SOCIAL HOUSES AND CONTRACTS OF PURCHASE AND SALE, RENT OR RENT-PURCHASE OF SOCIAL HOUSES

Article 12. Forms of papers proving eligible subjects and conditions for entitlement of social housing support policies

1. For households and individuals that purchase, rent, or rent-purchase social houses:

a) Written requests for purchase, rent, or rent-purchase of social houses made according to the Form No. 01 provided in Appendix I to this Circular.

- For pupils and students of institutions, universities, colleges, vocational schools; pupils of public boarding schools for ethnic minorities, the written requests for rent of social houses shall comply with the Form No. 10 provided in Appendix I to this Circular.

b) Forms of certifications of eligibility and housing status:

- For people with meritorious services to the revolution as defined by the law on preferential treatment toward persons with meritorious service to the revolution (specified in Clause 1, Article 49 of the Housing Law), such certifications shall comply with the Form No. 02 provided in Appendix I to this Circular.

- For persons working in enterprises inside and outside industrial parks; officers and non-commissioned officers engaged in professional operations, non-commissioned officers engaged in technical operations, career army men, workers in agencies and units of the People’s Public Security and People’s Army; Cadres, civil servants and public employees as defined by the law on cadres, civil servants and public employees (specified in Clauses 5, 6 and 7, Article 49 of the Housing Law), such certifications shall comply with the Form No. 03 provided in Appendix I to this Circular.

 In case these subjects have quit their jobs or taken leave as prescribed by law, such certifications shall comply with the Form No. 04 provided in Appendix I to this Circular.

- For low-income earners, poor households, and households living just above the poverty line in urban areas (specified in Clause 4, Article 49 of the Housing Law), such certifications shall comply with the Form No. 04 provided in Appendix I to this Circular.

- For subjects that have returned official-duty houses (specified in Clause 8, Article 49 of the Housing Law), such certifications shall comply with the Form No. 05 provided in Appendix I to this Circular.

- For students of academies, universities, colleges, or vocational schools; and pupils of public boarding schools for ethnic minority people who may use houses during their studying periods (specified in Clause 9, Article 49 of the Housing Law), such certifications shall comply with the Form No. 06 provided in Appendix I to this Circular.

- For households and individuals that are subject to land recovery or house clearance or demolition as prescribed by law and have not yet received any compensations in houses or residential land from by the State (specified in Clause 10, Article 49 of the Housing Law), such certifications shall comply with the Form No. 07 provided in Appendix I to this Circular.

c) Papers proving satisfaction of the residence condition and payment of social insurance premiums shall comply with Clause 16, Article 1 of the Decree No. 49/2021/ND-CP.

d) Forms of papers proving satisfaction of the income condition:

- For persons working in enterprises inside and outside industrial parks; officers and non-commissioned officers engaged in professional operations, non-commissioned officers engaged in technical operations, career army men, workers in agencies and units of the People’s Public Security and People’s Army; Cadres, civil servants and public employees as defined by the law on cadres, civil servants and public employees (specified in Clauses 5, 6 and 7, Article 49 of the Housing Law), such papers shall comply with the Form No. 08 provided in Appendix I to this Circular. In case these subjects have quit their jobs or taken leave as prescribed by law, such papers shall comply with the Form No. 09 provided in Appendix I to this Circular (certification is not required).

- For low-income earners, poor households, and households living just above the poverty line in urban areas (specified in Clause 4, Article 49 of the Housing Law), such papers shall comply with the Form No. 09 provided in Appendix I to this Circular (certification is not required).

- For subjects specified in Clauses 1, 8, 9, and 10, Article 49 of the Housing Law, papers proving satisfaction of the income condition are not required.

2. In case of re-selling a social house for another subject eligible for purchase, rent-purchase of social houses under Clause 12, Article 1 of the Decree No. 49/2021/ND-CP, the latter must have papers proving eligibility and conditions for purchase of a social house in accordance with Clause 1 of this Article, and directly contact the project owner for submitting a dossier of request for purchasing a house.

3. For households and individuals borrowing concessional loans for purchase, rent, and rent-purchase of social houses and house construction, upgrading or repair under Clause 3, Article 16 of the Decree No. 100/2015/ND-CP, forms of papers proving eligibility and conditions in terms of houses, residence and income shall comply with the Forms provided in Appendix II to this Circular.

Article 13. Updating of information about subjects eligible for purchase, rent, rent-purchase of social houses

1. After 15 working days from the date of receiving the list of expected purchasers, lessees, and lessees-purchasers of social houses under Point a, Clause 13, Article 1 of the Decree No. 49/2021/ND-CP, the provincial-level Department of Construction of the locality where the project is located shall be responsible for inspecting and updating the list subjects eligible for purchase, rent and rent-purchase of social houses on its portal and the Ministry of Construction's portal according to Clause2 of this Article.

2. Updated contents:

a) Full name;

b) Number of citizen’s identity card or army identify card or people's identity card or passport, or permanent residence registration number;

c) Permanent residence address;

d) Members of the household;

dd) Social housing investment project's name.

3. In case a person who has been included in the list of purchasers, lessees, and lessees-purchasers of social houses of the project b the project owner, but no longer wishes to purchase, rent, or rent-purchase a social house, the project owner shall be responsible for reporting the provincial-level Department of Construction for updating the list subjects eligible for purchase, rent and rent-purchase of social houses on its portal and the Ministry of Construction's portal.

4. When the database on subjects eligible for purchase, rent, and rent-purchase of social houses is unavailable o the Ministry of Construction's portal, the provincial-level Department of Construction shall announce this list on its portal and concurrently send it to the Ministry of Construction (hard copy and electronic file) with contents specified in Clause 2 of this Article.

Article 14. Contracts on purchase and sale, lease, and lease-purchase of social houses

1. A contract on purchase and sale, lease, or lease-purchase of a social house must contain the following information:

a) Name and addresses of parties;

b) Information about the house;

c) Sale price, rental rate, or rent-purchase rate;

d) Payment modes and time;

dd) Time of house handover;

e) House warranty;

g) Rights and obligations of the parties;

h) Commitments of the parties;

i) Termination of contract;

k) Other agreement;

l) Dispute settlement;

m) Validity of the contract.

2. For a social house that is a condominium, the purchase, lease, or lease-purchase contract must contain contents specified in Clause 1 of this Article, and concurrently specify the sections under private ownership and sections under common ownership, sections under private use, and sections under common use of the project owner and purchaser, lessee or lessee-purchaser of the house; construction floor areas and apartment use areas (carpet area) to calculate the sale price, rental rate or rent-purchase rate; funds for maintenance; charges and principles of adjustment of costs for management and operation of the condominium during the period for which the condominium management board has not yet been established.

3. The purchase, lease, or lease-purchase contract of a social house that does not use capital sources specified Clause 1, Article 53 of the Housing Law shall comply with the Forms No. 01, 02, and 03 provided in Appendix III to this Circular.

4. Contract templates that are not mentioned in this Article shall be used for reference during the contract negotiation and signing by parties. Parties may reach an agreement to modify and supplement terms in the contract template but the signed contract must contain sufficient principal contents as prescribed in Clauses 1 and 2 of this Article and must not be in contravention of the civil law and housing law.

Chapter V

IMPLEMENTATION ORGANIZATION AND IMPLEMENTATION PROVISIONS

Article 15. Responsibilities of provincial-level People’s Committees

1. To perform the assigned tasks related to the development and management of social houses in areas in accordance with the Housing Law, the Decree No. 100/2015/ND-CP, the Decree No. 49/2021/ND-CP, and this Circular.

2. To direct the provincial-level Department of Construction and People's Committees of districts and communes, agencies managing official-duty houses, training institutions, and relevant agencies in areas to organize give certification for households and individuals requesting for certification on eligibility, conditions of house status; conditions on residence, income, and payment of social insurance premiums, having not yet received any compensations in houses or residential land from by the State upon land recovery for entitlement of social housing support policies as prescribed.

3. To direct the organization and implementation of law regulations on social houses; direct the supervision and inspection of the compliance with the law on social houses and handle according to the competence or request the competent agency to handle social housing-related violations in localities.

4. To direct functional agencies to summarize the development and management of social houses in localities and report to the Ministry of Construction for summarization on a biannual and annual basis or upon request according to regulations.

Article 16. Responsibilities of the provincial-level Department of Construction

1. To perform the assigned tasks related to the development and management of social houses in areas in accordance with the Housing Law, the Decree No. 100/2015/ND-CP, the Decree No. 49/2021/ND-CP, and tasks assigned by the provincial-level People's Committees and regulations of this Circular.

2. To send reports to the provincial-level People’s Committees and the Ministry of Construction of social houses in localities on a biannual and annual basis or upon request according to the law on construction, management, and use of housing and real estate information system.

Article 17. Transitional provisions

1. Before March 31, 2022, the provincial-level Department of Construction shall complete the updating and posting of the list of subjects eligible for purchase, rent, and rent-purchase of social houses in localities before the effective date of this Circular.

2. Sale prices, rental rates, and rent-purchase rates of social houses determined by the project owners according to the formula specified in the Minister of Construction's Circular No. 20/2016/TT-BXD dated June 30, 2016, guiding the implementation of a number of provisions of the Government's Decree No. 100/2015/ND-CP dated October 20, 2015, on social housing development and management (hereinafter referred to as the Circular No. 20/2016/TT-BXD) and already submitted for appraisal before the effective date of this Circular shall continue to be appraised according to the procedures for appraisal under the Circular No. 20/2016/TT-BXD.

Article 18. Effect

1. This Circular takes effect on October 01, 2021.

2. This Circular replaces the Minister of Construction’s Circular No. 20/2016/TT-BXD dated June 30, 2016.

3. In the course of implementation, if the legal documents referred to in this Circular are amended, supplemented, or replaced, the amending, supplementing, or replacing ones shall prevail.

4. Ministries, ministerial-level agencies and government-attached agencies, other central agencies, People's Committees at all levels, and relevant organizations and individuals shall be responsible for the implementation of this Circular. Any difficulty arising in the course of implementation should be reported to the Ministry of Construction for guidance./.

* All Appendices are not translated herein.