Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on social housing development and management

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Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on social housing development and management
Issuing body: GovernmentEffective date:
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Official number:100/2015/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:Updating
Issuing date:20/10/2015Effect status:
Known

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Fields:Land - Housing

SUMMARY

The maximum loan level for a project to build social houses must equal up to 80%

 

This is the important content prescribed at the Decree No. 100/2015/ND-CP issued by the Government dated October 20, 2015 on social housing development and management.

Accordingly, enterprises and cooperatives being owners of projects to build social houses for lease, lease-purchase or sale; enterprises and industrial production or service cooperatives that build houses for their workers without collection of rental and households and individuals that build social houses for lease, lease-purchase or sale are allowed to have maximum loan level must equal up to 80% of the total investment of the project or loan borrowing plan but must not exceed 80% of the value of loan security assets; for a project to build social houses for lease-purchase or sale: the maximum loan level must equal up to 70% of the total investment of the project or loan borrowing plan but must not exceed 70% of the value of loan security assets. For projects to build social houses for lease-purchase, loan terms must be at least 10 years and at most 15 years, counted from the date of first disbursement.

To be Eligible to borrow loans for purchase, rent or rent-purchase of a social house, a household or an individual must have the minimum capital for borrowing a loan as required by the Vietnam Bank for Social Policies or a state-designated credit institution; possess a complete dossier; having income and capability to repay loans as committed with the Vietnam Bank for Social Policies or a state-designated credit institution…

Also in accordance with this Decree, the purchaser or lessee-purchaser of a social house may neither mortgage (except in case of bank mortgage for a loan to purchase or rent-purchase that house) nor transfer this house in any form within at least 5 years from the time of making full payment for that house under the contract signed with the seller or lessor-seller; and may sell, mortgage or lease this house only after obtaining a certificate of land use rights and ownership of houses and other land-attached assets.

Within 5 years from the time of making full payment for a social house, the purchaser or lessee-purchaser that wishes to sell this house may only sell it to the State (in case he/she rents a state-invested social house) or to the owner of the social housing construction investment project (in case he/she purchases or rents a social house built with non-state funds) or to those eligible to purchase and rent-purchase social houses, at a price maximum equal to the sale price of social houses of the same category in the same place and at the same time, and is not required to pay personal income tax.

This Decree takes effect on December 10, 2015, replaces the Government’s Decree No. 188/2013/ND-CP of November 20, 2013.
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Effect status: Known

 

THE GOVERNMENT

 
No. 100/2015/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
Hanoi, October 20, 2015
 
DECREE
On social housing development and management[1]
 
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 25, 2014 Housing Law;
Pursuant to the June 18, 2014 Construction Law;
Pursuant to the November 29, 2013 Land Law;
At the proposal of the Minister of Construction,
The Government promulgates the Decree on social housing development and management.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree details and guides the implementation of a number of articles and clauses of Housing Law No. 65/2014/QH13 (below referred to as Housing Law) regarding social housing development and management.
2. The management and use of social houses built in the forms prescribed in Clause 1, Article 53 of the Housing Law must comply with the Decree detailing and guiding the implementation of a number of articles of the Housing Law.
3. Those who have signed contracts or received funds disbursed under the Government’s regulations on a number of solutions for removing difficulties for production and business, supporting the market, settling non-performing loans, and guiding documents issued by competent agencies are not governed by the this Decree.
Article 2. Subjects of application
This Decree applies to the following entities:
1. Organizations and individuals of domestic and foreign economic sectors and overseas Vietnamese investing in commercial housing projects or social housing projects for lease, lease-purchase or sale to eligible subjects in accordance with the Housing Law.
2. Households and individuals building social houses for lease, lease-purchase or sale to eligible subjects in accordance with the Housing Law.
3. Subjects eligible for housing support and entitled to rent, rent-purchase or purchase social houses in accordance with the Housing Law.
4. State management agencies and other organizations involved in social housing development and management.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Households and individuals means those who are named in household books or temporary residence registration books granted in accordance with the Law on Residence.
2. Industrial parks in the phrase “social houses built to meet the demand of households and individuals working in industrial parks” include industrial parks, economic zones, export processing zones, hi-tech parks, small- and medium-sized industrial complexes, industrial and cottage industry production establishments (including also exploiting and processing establishments), regardless of their trades and economic sectors.
3. Social houses for lease only means social houses built for lease.
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