Resolution 201/2025/QH15 on pilot implementation of a number of particular mechanisms and policies for social housing development

RESOLUTION

On pilot implementation of a number of particular mechanisms and policies for social housing development

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THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 57/2014/QH13 on Organization of the National Assembly, which has a number of articles amended and supplemented under Law No. 65/2020/QH14 and Law No. 62/2025/QH15;

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

RESOLVES:

Article 1. Scope of regulation

1. This Resolution provides the pilot implementation of a number of particular mechanisms and policies for social housing development nationwide, including:

a/ National housing funds;

b/ Assignment of project owners, approval of investment policy concurrently with assignment of project owners not through bidding for investment projects on construction of social housing and housing for the people’s armed forces not using public investment capital;

c/ Formulation, appraisal, approval and adjustment of detailed master plans of social housing projects;

d/ Procedures for investment in social housing construction;

dd/ Determination of selling prices and lease-purchase prices of social houses;

e/ Housing conditions for entitlement to social housing support policies;

g/ Rent of social housing and worker accommodations in industrial parks;

h/ Compensation, support, resettlement, investment in technical infrastructure, and development of land areas for social housing development.

2. In this Resolution, social housing, worker accommodations in industrial parks, and housing for the people's armed forces defined in the Housing Law are collectively referred to as social housing, except specific provisions for each type of housing in the respective articles and clauses of this Resolution.

Article 2. Subjects of application

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

Article 3. Principles of law application

1. In case there are different provisions on the same matter between this Resolution and other resolutions or laws of the National Assembly, the provisions of this Resolution shall prevail, except the case specified in Clause 2 of this Article.

2. In case other legal documents provide support mechanisms or policies that are more preferential or favorable than those mentioned in this Resolution, the eligible beneficiaries may choose to apply those support mechanisms or policies.

Article 4. National housing funds

1. National housing funds are off-budget state financial funds, having the legal person status, and operating on a non-profit basis.

National housing funds include the Central Housing Fund established by the Government; and local housing funds established by provincial-level People’s Committees.

2. National housing funds are formed from state budget allocations; deductions from the amounts equivalent to the value of land areas on which technical infrastructure has been built for social housing construction in accordance with the housing law; proceeds from the sale of housing as public assets, and from the auction of land use rights as provided at Point b, Clause 4, Article 12 of this Resolution; voluntary support amounts, contributions from domestic and foreign organizations and individuals; and other lawfully mobilized sources.

3. National housing funds shall be used for the construction of social housing; construction of technical and social infrastructure of social housing projects; development of social housing for lease, and housing for lease to cadres, civil servants, public employees and workers.

Article 5. Assignment of project owners, approval of investment policy concurrently with assignment of project owners not through bidding for investment projects on construction of social housing and housing for the people's armed forces not using public investment capital

1. Based on approved housing development programs and plans or urban and rural master plans, or based on locations of land lots demarcated for the development of social housing or housing for the people's armed forces, the assignment of project owners is specified as follows:

a/ In case the project has obtained the investment policy approval, investment approval or equivalent legal paper, the competent state agency shall assign the project owner without having to organize bidding, except the case specified in Clause 1, Article 12 of this Resolution;

b/ In case the project has not yet obtained investment policy approval, investment approval or equivalent legal paper, the competent state agency shall approve the investment policy and concurrently assign the project owner without having to organize bidding.

2. The competence to assign project owners, and approve investment policy concurrently with assigning project owners not through bidding is specified as follows:

a/ Provincial-level People’s Committees shall assign project owners, or approve investment policy concurrently with assigning project owners for social housing projects under Clause 1 of this Article, except the case specified at Point b of this Clause;

b/ The Ministry of National Defense and the Ministry of Public Security shall assign project owners, or approve investment policy concurrently with assigning owners for investment projects on construction of housing for the people's armed forces under Clause 1 of this Article after reaching written agreement with provincial-level People’s Committees on the locations of land lots for construction of housing for the people's armed forces;

c/ Provincial-level People’s Committees, the Ministry of National Defense and the Ministry of Public Security may not delegate or authorize the authority specified at Points a and b of this Clause.

3. To be assigned to act as the project owner, an investor must meet the conditions for a real estate business organization as specified in the law on real estate business.

In case there are 2 or more investors registering to become the project owner, the priority criteria for assignment of the project owner include: experience in implementing housing projects, financial capacity to implement projects, and other criteria set by the Government.

4. Procedures for assigning project owners, or approving investment policy concurrently with assigning project owners not through bidding will replace the procedures for investment policy approval and procedures for investor selection as specified in the investment law and other relevant laws.

Decisions on assignment of project owners, or decisions on approval of investment policy concurrently with assignment of project owners not through bidding serve as a basis for land allocation, land lease or permission for land repurposing.

Article 6. Formulation, appraisal, approval and adjustment of detailed master plans of social housing projects

1. For social housing projects or locations of land lots for social housing construction for which no detailed master plan has been approved or for which it is required to adjust the detailed master plan, it is not necessary to carry out procedures for the formulation, appraisal, approval or adjustment of detailed planning tasks.

The land-use planning indicators and spatial organization, architectural and landscape requirements for the areas included in the approved zoning master plan or approved general master plan for the areas not subject to formulation of zoning master plans shall be used in replacement of the detailed planning tasks and serve as a basis for the formulation, appraisal, approval and adjustment of detailed master plans.

2. The formulation, appraisal, approval and adjustment of detailed master plans must comply with the law on urban and rural planning.

Article 7. Procedures for investment in social housing construction

1. Social housing projects are not subject to appraisal of construction investment feasibility study reports by specialized agencies in charge of construction in accordance with the construction law. Project owners or investment deciders shall organize the appraisal and approval of feasibility study reports by themselves, ensuring compliance with the construction law.

2. The appraisal of fire protection designs by specialized agencies in charge of construction under the law on fire prevention and fighting and rescue and salvage shall be carried out together with performance of the procedures for grant of construction permits in case such a permit is required; such appraisal shall be conducted by agencies competent to grant construction permits within 30 days from the date of receipt of a complete and valid dossier.

3. Construction permit is exempt in case a social housing construction under the social housing project is proposed for application of model designs or typical designs that have been announced by competent state agencies as compliant with the relevant urban and rural master plan and meeting fire protection requirements in accordance with the law on fire prevention and fighting and rescue and salvage.

4. The form of contractor appointment according to fast-track procedures under the bidding law may be applied to contractor selection in construction activities for execution of bidding packages under social housing projects or social housing constructions with the use of public investment capital, trade unions’ financial resources, capital of state enterprises as defined by the Law on Enterprises and of enterprises with 100% of charter capital held by state enterprises.

Article 8. Determination of selling prices and lease-purchase prices of social housing

1. Based on the methods for determining selling prices and lease-purchase prices of social housing and the profit margins in accordance with the housing law, project owners shall themselves, or hire qualified construction consultants to, verify selling prices and lease-purchase prices of social housing before approving them.

2. The determination of selling prices and lease-purchase prices shall be carried out for one or several of constructions under a social housing project, based on the implementation or investment phases, for each component project or for the entire project.

3. After the acceptance testing of completed constructions for commissioning, project owners shall conduct audit and account-finalization of construction investment costs in accordance with law, and send reports thereon to specialized agencies under provincial-level People’s Committees for verification of selling prices and lease-purchase prices of social housing. If the prices stated in the audit and account-finalization reports are higher than the prices stated in contracts signed by project owners, the project owners may not collect the difference from the purchasers or lessees-purchase; if the prices stated in the audit and account-finalization reports are lower than the prices stated in contracts signed by project owners, the project owners shall refund the difference to the purchasers or lessees-purchase.

Article 9. Housing conditions for entitlement to social housing support policies

1. For provinces and centrally run cities subject to rearrangement, based on the scope of administrative units of the province or centrally run city where the project is implemented before the time of the rearrangement, competent authorities shall determine housing conditions for those who wish to be entitled to purchase or lease-purchase of social housing under the Housing Law.

2. In case a social housing support policy beneficiary defined in the housing law has his/her workplace located far from his/her place of residence, he/she will be entitled to purchase or lease-purchase of social housing if meeting the following housing conditions: not yet being entitled to purchase or lease-purchase of social housing; and not yet having a house under his/her ownership or having a house under his/her ownership but such house is located far from his/her workplace. Based on the actual conditions of the locality, the provincial-level People’s Committee shall provide specific regulations on cases in which social housing support policy will be provided for a person who has a house under his/her ownership but such house is located far from his/her workplace.

Article 10. Rent of social housing and worker accommodations in industrial parks

1. Enterprises, cooperatives and unions of cooperatives (below collectively referred to as enterprises), state agencies, political organizations, socio-political organizations, and public non-business units may rent social housing from social housing project owners to accommodate their cadres, public employees, civil servants, workers and employees, including foreign workers and employees. Enterprises carrying out production activities in industrial parks may rent worker accommodations in industrial parks to accommodate their workers and employees, including foreign workers and employees.

2. Enterprises, state agencies, political organizations, socio-political organizations and public non-business units that rent social housing or worker accommodations in industrial parks may not sublease such housing/accommodations, unless they are allowed to sublease social housing under the Housing Law.

3. Enterprises and public non-business units that rent social housing from social housing project owners or rent worker accommodations in industrial parks to accommodate their cadres, civil servants, workers and employees may account the rent expenses as production and business costs, recurrent expenditure items for non-business activities, or other lawful expenditures in accordance with the laws on enterprises, public non-business units, and tax, and other relevant laws, but may not use state budget funds to pay for the rent.

State agencies, political organizations and socio-political organizations that rent social housing to accommodate their cadres, civil servants or employees may use state budget funds to pay for the rent of social housing for those salaried from the state budget, provided that the rent expenses are included in estimates approved by competent authorities in accordance with the law on the state budget.

Article 11. Compensation, support, resettlement, investment in technical infrastructure systems, and development of land areas for social housing development

1. Provincial-level People’s Committees shall use state budget funds from public investment capital, funding sources for recurrent expenditures, and other lawful funding sources in accordance with the law on the state budget, the law on public investment and other relevant laws to carry out compensation, support, resettlement, and synchronized investment in technical infrastructure systems outside the projects’ scope to develop land areas for social housing development.

Priority shall be given to using part of the amount equivalent to the value of the land areas already built with technical infrastructure systems for social housing construction under the housing law to carry out compensation, support and resettlement to increase land areas for social housing development.

2. In case a project owner acquires land use rights through negotiations on acquisition of land use rights, the amount paid by the project owner for acquisition of land use rights through negotiations shall be included in the project’s investment costs, which, however, must not exceed the amount equivalent to the land use levy or land rental amount for the land allocated or leased by the State, which is determined based on the land price list applicable to the type of land, form of land use, and land use period for the land area for which the project owner has acquired land use rights at the time of acquisition.

3. If holding land use rights, the project owner may include in the project’s investment costs the amount equivalent to the land use levy or land rent amount for the land area allocated or leased by the State, which is determined according to the land price list applicable to the type of land, form of use, and land use period for the land area before being repurposed at the time of granting permission for repurposing to residential land.

Article 12. Transitional provisions

1. In case dossiers of invitation for expression of interest or bidding dossiers for investor selection have been issued for social housing projects but, by the effective date of this Resolution, there are no evaluation results of the dossiers of investors expressing interest, provincial-level People’s Committees shall decide to continue with investor selection in accordance with the bidding law or to assign the project owners under this Resolution.

2. In case the investment policy has been approved for housing projects for the people’s armed forces but, by the effective date of this Resolution, no project owner has been selected, the Ministry of National Defense or the Ministry of Public Security shall assign the project owners in accordance with this Resolution.

If an investor has submitted a dossier of proposal of the investment project on construction of housing for the people’s armed forces and the dossier is undergoing appraisal but, by the effective date of this Resolution, the investment policy has not yet been approved, the provincial-level People’s Committee shall proceed with the procedures for investment policy approval. After the investment policy is approved, the Ministry of National Defense or the Ministry of Public Security shall designate the project owner in accordance with this Resolution.

3. In case detailed planning tasks or detailed planning adjustment tasks have been formulated or appraised for social housing projects or locations of land lots for social housing construction but have not yet approved by competent agencies, it is not required to appraise or approve such tasks. The project owners shall, in pursuance to Article 6 of this Resolution, organize the formulation, appraisal, approval or adjustment of detailed master plans in accordance with the law on urban and rural planning.

4. For a commercial housing or urban area project for which the competent authority has approved the policy on handover of land areas for social housing construction to the State but, by the effective date of this Resolution, such land areas have not yet been handed over or or such land areas have been handed over but the projects owner has not yet been selected for social housing construction, the provincial-level People’s Committee shall:

a/ Assign the owner of the commercial housing or urban area project that has handed over or plans to hand over the land areas for social housing construction to directly invest in social housing construction if the project owner has submitted a proposal and meets the conditions for a real estate business organization as specified in the law on real estate business; or,

b/ Assign another organization to invest in social housing construction, or organize an auction of land use rights in accordance with the law for commercial housing development, and transfer the amount equivalent to the value of the land areas put up for auction of land use rights into a national housing fund, in case the commercial housing or urban area project owner makes no proposal for directly investing in social housing construction on such land areas.

5. In case the investment policy approval or investment approval has been granted or another equivalent legal paper has been issued for a commercial housing or urban area project for which the land areas are reserved or required to be reserved for social housing construction prior to the effective date of this Resolution, the provincial-level People’s Committee shall, based on local conditions and the proposal of the project owner, consider and decide to allow the project owner to select arrangement of the equivalent land areas for social housing at other places outside the project’s scope, or pay an amount equivalent to the value of the land areas with built technical infrastructure systems for social housing construction in accordance with Housing Law No. 27/2023/QH15, which has a number of articles amended and supplemented under Law No. 43/2024/QH15 (below referred to as Housing Law No. 27/2023/QH15), without having to carry out investment policy adjustment procedures, except the case specified in Clause 4 of this Article.

6. For social housing projects, or social housing built on land areas reserved for social housing construction under commercial housing or urban area projects for which the competent agency has approved investment policy or approved investment or issued an equivalent legal paper prior to the effective date of Housing Law No. 27/2023/QH15, the determination of selling prices, lease-purchase prices and rent rates is specified as follows:

a/ If the competent state agency has appraised the selling prices, lease-purchase prices or rent rates for one or several of constructions of a project or for each component project prior to the effective date of Housing Law No. 27/2023/QH15, or such prices/rates have not yet been appraised by competent state agencies but the project owner asks for continued application of incentive and support policies under the housing law at the time of approval of investment policy or approval of investment or issuance of equivalent legal paper, the application of methods for determining selling prices, lease-purchase prices and rent rates of social housing must continue to comply with the housing law at the time of approval of investment policy or approval of investment or issuance of equivalent legal paper prior to the effective date of Housing Law No. 27/2023/QH15.

b/ If the competent state agency has not yet appraised the selling prices, lease-purchase prices or rent rates before the effective date of this Resolution, and the project owner asks for enjoyment of incentive and support policies under Housing Law No. 27/2023/QH15, the provincial-level People’s Committee shall consider and apply incentive and support policies to the project owner under Housing Law No. 27/2023/QH15.

The project owner shall pay land use levy for the land area for commercial housing construction and for the land area or floor area used for service provision or commercial services as transferred or contributed as capital by the project owner in accordance with land law, and the application of the methods of determining selling prices or lease-purchase prices of social housing must comply with Housing Law No. 27/2023/QH15.

c/ The project owner may formulate and approve selling prices or lease-purchase prices of social housing in accordance with Article 8 of this Resolution.

7. In case the project owner has submitted a request for appraisal of selling prices or lease-purchase prices of social housing but, by the effective date of this Resolution, has received no appraisal result from the competent state agency, the project owner may decide to continue with the appraisal under regulations in effect prior to the effective date of this Resolution or to apply Article 8 of this Resolution, except the case specified in Clause 6 of this Article.

8. For social housing projects implemented on residential land intended for accommodating workers and employees in industrial parks that have obtained investment policy approval, investment approval, or equivalent legal paper and have been completed and put into use prior to the effective date of Housing Law No. 27/2023/QH15, or are in the implementation phase, the project owners may sell, lease-purchase or lease such housing units to beneficiaries of social housing support policy under Housing Law No. 27/2023/QH15 and this Resolution without having to carry out procedures for adjusting the investment policy or any other procedures (if any) concerning changes in the beneficiaries of purchase, lease-purchase or lease of social housing.

Article 13. Organization of implementation

1. The Government, ministries, ministerial-level agencies, other central agencies, and local administrations shall uphold responsibility, especially responsibility of heads, in directing and organizing the implementation of this Resolution, ensuring transparency, efficiency, feasibility and schedule; avoid loopholes, corruption, negative practices, policy profiteering, loss and waste.

2. The Government shall:

a/ Detail Articles 4 and 5; Clauses 2 and 3, Article 7; and Article 8, of this Resolution; promulgate regulations on preventing loopholes, corruption, negative practices, policy profiteering, loss and waste; ensure the reduction of construction investment procedures and speed up social housing development; adopt solutions for quality control, inspection and verification of completed social housing works; and issue enforcement measures within the Government’s competence;

b/ Allocate and balance funding sources or provide guidance for localities to allocate funding for social housing development in accordance with this Resolution; and report cases falling beyond its competence to the National Assembly for consideration and decision; during a recess of the National Assembly, report the cases to the National Assembly Standing Committee for consideration and decision;

c/ Direct the Government Inspectorate of Vietnam, and related ministries and ministerial-level agencies, within the ambit of their functions and tasks, to organize implementation, monitoring, inspection and supervision of this Resolution; and conduct preliminary and final reviews of the implementation of this Resolution for reporting to the National Assembly.

3. The Ministry of National Defense, the Ministry of Public Security, and provincial-level People’s Councils and People’s Committees shall organize the implementation of this Resolution within their respective jurisdiction. The Ministry of National Defense, the Ministry of Public Security, and provincial-level People’s Committees shall conduct inspections and examinations of the implementation of the particular mechanisms and policies for social housing development provided by this Resolution; and report to the Government on the implementation results before December 31 during the period of pilot implementation; and send preliminary review and final review reports to the Government for reporting to the National Assembly.

4. Enterprises, organizations and individuals engaged in social housing construction and development shall organize the implementation of this Resolution; take full responsibility for their assigned tasks, ensuring schedule, quality, and compliance with law; and avoid policy profiteering, corruption, negative practices, loss and waste.

5. The National Assembly, the National Assembly Standing Committee, the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies, People’s Councils, Boards of People’s Councils, People’s Councils’ deputies, and the Vietnam Fatherland Front shall, within the ambit of their tasks and powers, oversee the implementation of this Resolution.

Article 14. Implementation provisions

1. Effect:

a/ This Resolution take effect on June 1, 2025, except the case specified at Point b of this Clause;

b/ The provisions of Articles 4 and 5; Clauses 2 and 3, Article 7; Article 8; and Clauses 1, 2, 6, and 7, Article 12, of this Resolution take effect on July 1, 2025;

c/ This Resolution shall be implemented for 5 years, counted from June 1, 2025.

2. From the date of cessation of the effect of this Resolution, the national housing funds established under Article 4 of this Resolution may continue to operate until new regulations are issued by competent agencies.

3. From the date of cessation of the effect of this Resolution, for social housing projects currently eligible for the particular mechanisms and policies as scheduled, such mechanisms and policies may continue to be applied until project completion.

4. In case the legal document referred to in this Resolution are amended, supplemented, or replaced, the corresponding provisions of the amending, supplementing or replacing documents shall prevail, except the case specified in Article 12 of this Resolution.-

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

Chairman of the National Assembly

TRAN THANH MAN