Decree 54/2026/ND-CP amending Decrees on housing and real estate business

DECREE

Amending and supplementing a number of articles of Decrees in the field of housing and real estate business

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Organization of Local Administration No. 72/2025/QH15;

Pursuant to the Housing Law No. 27/2023/QH15;

Pursuant to the Law on Real Estate Business No. 29/2023/QH15;

Pursuant to the Law No. 43/2024/QH15 Amending and Supplementing a Number of Articles of the Land Law No. 31/2024/QH15, Housing Law No. 27/2023/QH15, Law No. 29/2023/QH15 on Real Estate Business, and Law No. 32/2024/QH15 on Credit Institutions;

At the proposal of the Minister of Construction;

The Government promulgates the Decree amending and supplementing a number of articles of Decrees in the field of housing and real estate business.

Chapter I

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE NO. 96/2024/ND-CP DATED JULY 24, 2024 OF THE GOVERNMENT DETAILING A NUMBER OF ARTICLES OF THE LAW ON REAL ESTATE BUSINESS

Article 1. To add Article 2a

To add Article 2a below Article 2 as follows:

“Article 2a. Principles for settlement of administrative procedures

1. Dossiers for requesting the settlement of administrative procedures shall be submitted directly, online, or via postal services.

2. In case the application forms, declarations, and dossier components specified in Clause 3 and Clause 4 of Article 10, Clause 2 of Article 14, Point b Clause 3 of Article 17, Article 26, Clause 3 of Article 31, and Clause 3 of Article 32 of this Decree contain information already available in the national population database or specialized databases, such information shall be replaced by the personal identification numbers or specialized codes indicated in the application forms or declarations when the national population database or specialized databases are put into operation.

In case the overseas Vietnamese and foreigners residing in Vietnam have not yet been granted a personal identification number or their information is not yet available in the databases, they may continue to submit copies of documents and papers as required by the administrative procedure.

3. The results of the settlement of administrative procedures shall be returned in electronic form; in case individuals or organizations request to receive a paper copy, the agency settling the administrative procedure shall provide both the electronic version and the paper version. The electronic result of the settlement of administrative procedures shall have the same legal value as the result of the settlement of administrative procedures in paper form.”

Article 2. To amend and supplement Article 8

To add Clause 4a below Clause 4 as follows:

“4a. In case of a housing construction investment project for which opinions from the Ministry of National Defence and the Ministry of Public Security have not been obtained in accordance with the Housing Law during the process of approval of the investment policy, and the project owner wishes to sell or lease-purchase houses to foreign organizations or individuals in accordance with the Housing Law, the written request for the sale or lease-purchase of future houses must clearly state this content as a basis for the Provincial-level Department of Construction to seek opinions of the Ministry of National Defence and the Ministry of Public Security. The Ministry of National Defence and the Ministry of Public Security shall provide their responses within 07 days from the date of receipt of the written request from the Provincial-level Department of Construction. The written notice issued by the Provincial-level Department of Construction on future houses being eligible for sale or lease-purchase must clearly state the results under the opinions of the Ministry of National Defence and the Ministry of Public Security.

In case, after the issuance of the written notice on future houses being eligible for sale or lease-purchase, the project owner wishes to sell houses to foreign organizations or individuals, the project owner shall send a written request to the Provincial-level Department of Construction for the adjustment or supplementation of this content in the written notice.

The adjustment or supplementation of the written notice on future houses being eligible for sale or lease-purchase shall be carried out in accordance with this Article.

Article 3. To amend and supplement Article 9

To amend and supplement Point e Clause 2 as follows:

“e) Documents and materials evidencing the assurance of the provision of electricity supply, water supply, drainage, waste collection, and wastewater treatment services;”

Article 4. To amend and supplement Article 13

To amend and supplement Point a and Point d, Clause 2 as follows:

“a) The transferor and the transferee shall agree to make a contract transfer contract according to the form provided in Appendix XI to this Decree.

The contract transfer contract must be made in writing in a quantity as agreed by the parties but not fewer than 06 copies, ensuring compliance with the requirements of the transaction and the performance of obligations of the parties in accordance with the laws on land, housing, real estate business, taxation, notarization, and other relevant laws.”

“d) After implementing Point c of this Clause, either party shall submit the dossier to the project owner of the real estate project to request the project owner to certify the transfer of the contract; the papers in the dossier include: the originals of the contract transfer contract and the original of the sale and purchase contract; in case of transfer of one or more than one house or construction work out of total houses or construction works purchased or leased-purchase under the contract, it is required to submit the original contract or contract appendix showing the transferred house(s) or construction work(s) signed with the project owner; and papers proving tax payment or tax exemption or reduction in accordance with the tax laws. The certification by the project owner on the contract transfer contract as prescribed at Point dd of this Clause shall be the basis for the transfer of the rights and obligations of the parties.”

Article 5. To amend and supplement Article 15

To annul Clause 2.

Article 6. To amend and supplement Article 17

To amend and supplement Point b, Clause 4, Article 17 as follows:

“b) In case a real estate exchange terminates or suspends its operations, such termination or suspension shall be carried out in accordance with the law on enterprises. The written notice of termination or suspension of operations must simultaneously be sent to the Provincial-level Department of Construction for posting on the website of the Provincial-level Department of Construction and on the housing and real estate information systems and databases.”

Article 7. To amend and supplement Article 18

“The real estate brokerage service enterprise must satisfy the conditions on operating locations or offices in accordance with the law on enterprises.”

Article 8. To add Article 18a

To add Article 18a below Article 18 as follows:

“Article 18a. Termination and suspension of operation of real estate brokerage service enterprises

The termination and suspension of operation of real estate brokerage service enterprises shall be carried out in accordance with the law on enterprises. The written notice of termination or suspension of operations must simultaneously be sent to the Provincial-level Department of Construction for posting on the website of the Provincial-level Department of Construction and on the housing and real estate information systems and databases.”

Article 9. To amend and supplement Article 26

To annul Clause 6.

Article 10. To amend and supplement Article 31

To annul Point c, Clause 9.

Article 11. To amend and supplement Article 38

To amend and supplement Clause 5 as follows:

To remove the paragraph: “In case a project undergoes investment policy adjustment in accordance with the law after the effective date of the Law on Real Estate Business, it must comply with the investment policy approved for adjustment.”

Article 12. To amend, supplement, and replace a number of phrases

To amend, supplement, and replace the following phrases:

1. Replace the phrase “website of the enterprise” with the phrase “website of the enterprise (if any)” in Clause 3, Article 4.

2. Replace the phrase “agreement on grant of guarantee” in Appendix I (Form No. 01a and Form No. 01b) with the phrase “written guarantee commitment”.

3. Replace the paragraph “This document is made into 06 copies (Party A keeps 01 copy, Party B keeps 01 copy, 01 copy is submitted to the tax agency, 01 copy is submitted to the agency receiving the dossier for grant of the Certificate, and 02 copies are kept by the project owner (company…)) and all copies have the same legal value./.” in Article 9 of Appendix XI with “This document is made into ... copies with the same legal value./.”

4. Replace the phrase “Chairperson of the People’s Committee of the province/city” with the phrase “People’s Committee of the province/city”; replace the phrase “Chairperson” with the phrase “On behalf of the People’s Committee of the province/city” in the signing and promulgation authority in Appendix XIV.

5. Annul Section 4 of Appendix XVIII.

6. Annul Section 4 of Appendix XX.

Chapter II

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE NO. 95/2024/ND-CP DATED JULY 24, 2024 OF THE GOVERNMENT DETAILING A NUMBER OF ARTICLES OF THE HOUSING LAW

Article 13. To add Article 2a

To add Article 2a below Article 2 as follows:

“Article 2a. Principles for settlement of administrative procedures

1. Dossiers for requesting the settlement of administrative procedures shall be submitted directly, online, or via postal services.

2. In case the application forms, declarations, and dossier components specified in Clause 1 Article 6, Clause 2 and Clause 3 Article 65, Clause 1 Article 75, Clause 1 Article 77, and Clause 2 Article 84 of this Decree contain information already available in the national population database or specialized databases, such information shall be replaced by the personal identification numbers or specialized codes indicated in the application forms or declarations when the national population database or specialized databases are put into operation.

In case the overseas Vietnamese and foreigners residing in Vietnam have not yet been granted a personal identification number or their information is not yet available in the databases, they may continue to submit copies of documents and papers as required by the administrative procedure.

3. The results of the settlement of administrative procedures shall be returned in electronic form; in case individuals or organizations request to receive a paper copy, the agency settling the administrative procedure shall provide both the electronic version and the paper version. The electronic result of the settlement of administrative procedures shall have the same legal value as the result of the settlement of administrative procedures in paper form.”

Article 14. To amend and supplement Article 4

1. To add to the end of Point a Clause 2 as follows:

“a) …In case a part of the project area is located outside the area required to ensure national defense and security, the provincial-level People’s Committee shall determine the part of the area in which foreign organizations and individuals are permitted to own houses within the list of housing construction investment projects in which foreign organizations and individuals are permitted to own houses, ensuring conformity with the notice of the Ministry of National Defence and the Ministry of Public Security.”

2. To amend and supplement Clause 3 as follows:

“3. Based on the notice of the Ministry of National Defence and the Ministry of Public Security as prescribed in Clause 2 of this Article, the provincial-level People’s Committee shall draw up the list of housing construction investment projects in the locality in which foreign organizations and individuals are permitted to own houses and publicly announce such list on its portal and, at the same time, send it to the provincial-level housing management agency for posting on the latter’s portal.

In case the list of housing construction investment projects in which foreign organizations and individuals are permitted to own houses has not yet been determined and publicly announced in accordance with this Clause, and the project investor or project developer proposes a project with the demand to sell houses to foreign organizations and individuals, it may choose to request opinions from the Ministry of National Defence and the Ministry of Public Security when carrying out the procedures for approval of the investment policy or when carrying out the procedure for notice that future houses are eligible for sale or lease-purchase.”

Article 15. To amend and supplement Article 5

To remove the paragraph “The provincial-level planning management agency shall, upon approving a master plan, announce on its portal the population equivalent to that of a ward as specified in this Clause” in Clause 1.

Article 16. To amend Article 7

To amend Point b Clause 5 as follows:

“b) In case the housing and real estate information systems and databases has been connected and put into operation for exploitation, the Certificate-granting agency shall not directly send reports to the Ministry of Construction and the Ministry of Agriculture and Environment as prescribed at Point a of this Clause.”

Article 17. To amend Article 14

To remove the paragraph: “In the course of formulation and approval of a construction master plan or an urban master plan, the master plan-appraising agency shall consult the Ministry of National Defence and Ministry of Public Security on areas in need of national defense and security assurance as specified in Article 4 of this Decree, which shall give their opinions within 15 days after receiving the consultation request” in Clause 3.

Article 18. To amend and supplement Article 15

To amend and supplement Clause 6 as follows:

“6. In case the project owner chooses to request opinions from the Ministry of National Defence and the Ministry of Public Security on determination of whether or not a project is in an area in need of national defense and security assurance when carrying out the procedures for approval of the investment policy, the dossier requesting approval of the investment policy must clearly state this content as a basis for the provincial-level People’s Committee to obtain opinions from the Ministry of National Defence and the Ministry of Public Security during the appraisal of the project’s investment policy.

Article 19. To add Article 37a

To add Article 37a below Article 37 as follows:

“Article 37a. Sale price, lease-purchase price, and rent rate of resettlement houses built with the State’s investment

1. The sale price of resettlement houses built with the State’s investment shall be decided by the provincial-level People’s Committee or by the commune-level People’s Committee under the authorization or decentralization, and shall be determined in the compensation, support, and resettlement plan and determined according to the principle of ensuring the correct and full calculation of costs in accordance with the law, in which the costs constituting the sale price include: construction investment costs of housing in accordance with the law on construction; land use levy or land rent in accordance with the law on land; and value-added tax.

2. The lease-purchase price of resettlement houses built with the State’s investment shall be decided by the provincial-level People’s Committee or by the commune-level People’s Committee under the authorization or decentralization in accordance with the principles prescribed in Clause 1 of this Article and determined according to the formula prescribed in Clause 6 of this Article.

3. The rent rate of resettlement houses built with the State’s investment shall be decided by the provincial-level People’s Committee or by the commune-level People’s Committee under the authorization or decentralization and determined according to the principle of ensuring the correct and full calculation of costs in accordance with the law, in which the costs constituting the rental price include: the costs prescribed in Clause 1 of this Article and maintenance costs allocated according to the capital recovery period. The capital recovery period for housing for lease shall be decided by the provincial-level People’s Committee or by the commune-level People’s Committee under the authorization or decentralization and shall not exceed the service life of the work in accordance with the law and shall be determined according to the formula prescribed in Clause 6 of this Article.

4. In cases of purchase or lease-purchase of apartments, the payment of maintenance fees for the areas under the common ownership of apartment buildings shall be carried out in accordance with the Housing Law.

5. House operation management expenses (if any) shall be paid directly by the purchaser, lessee, or lease-purchaser of the housing to the house operation management unit in accordance with regulations.

6. The formula for determining the rental price and lease-purchase price of resettlement house is as follows:

In which:

a) G _t : means the rent rate or lease-purchase price per m² of usable housing area per month (VND/m²/month);

b) V _đ : means the total reasonable pre-tax cost for the investment in the construction of the housing work (including costs allocated to the work) in accordance with the law on management of construction investment, allocated annually to 01 m² of usable area under the principle of capital preservation. Upon determining V _đ for lease-purchase cases, the cost paid in the first installment under the agreement in the contract must be deducted.

Under the investment form, the basis for determining V _đ is as follows:

In case the State directly invests in the construction of resettlement houses using state capital as prescribed in Clause 2 Article 113 of the Housing Law or social houses for use as resettlement houses: V _đ shall be determined based on the finalized value of the investment capital approved by the competent state agency; in case the finalization has not yet been approved, V _đ shall be determined based on the construction investment cost of the work approved by the competent state agency or the actual construction investment cost at the time of price determination or according to the proposed finalized value or according to the A-B acceptance minutes.

In case the State purchases commercial houses for use as resettlement houses: V _đ shall be determined based on the purchase price of the commercial house in the sale and purchase contract signed with the project owner of the commercial house construction project;

c) V _sdđ : means the land use levy allocated annually to 01 m² of usable housing area in accordance with the law on land.

In case the State directly invests in the construction of resettlement houses using state capital as prescribed in Clause 2 Article 113 of the Housing Law or uses social houses as resettlement houses, V _sdđ shall be determined according to the land price list issued by the locality in accordance with the law on land.

In case the State purchases commercial houses for use as resettlement houses and the purchase price already includes the land use levy, V _sdđ shall be equal to 0;

d) B _t : means the average annual maintenance cost allocated to 01 m² of usable housing area. For lease-purchase of house, maintenance costs shall not be included (B _t = VND 0); the lease-purchaser shall pay maintenance fees in accordance with the Housing Law;

dd) K: means the floor coefficient used to adjust the rent rate and lease-purchase price for apartments, determined according to the principle of weighted average and ensuring that the total coefficient of all floors of a building block equals 1;

e) VAT: means the value-added tax determined in accordance with the law on value-added tax;

g) Number 12: means the number of months in one year.”

Article 20. To amend and supplement Article 51

1. To annul Clause 2.

2. To amend and supplement Clause 3 as follows:

a) Replace the phrase “15 days” with the phrase “10 days” at Point b;

b) Replace the phrase “30 days” with the phrase “20 days” at Point c.

3. To annul Point c Clause 4.

4. To remove the phrase “, Point c” at Point d Clause 4.

Article 21. To supplement Article 58

To add Clause 1a below Clause 1 as follows:

“1a. In case the provincial-level People’s Committee decentralizes or authorizes the commune-level People’s Committee to act as the representative of the owner of houses classified as public assets, the commune-level People’s Committee shall simultaneously be the agency managing houses classified as public assets.”

Article 22. To amend and supplement Article 71

To add to the end of Clause 4 as follows:

“…In case the remaining quality rate of old houses classified as public assets cannot be determined in accordance with the Appendix VIII of this Decree, the provincial-level People’s Committee shall decide the remaining quality rate of the houses in accordance with actual conditions.”

Article 23. To amend and supplement Article 85

1. To amend and supplement Clause 1 as follows:

“1. The requesting unit shall submit 01 set of dossier as prescribed in Clause 2 Article 84 of this Decree to the provincial-level house management agency.”

2. To amend and supplement Clause 2 as follows:

Remove the paragraph “in case the notice issuer is the housing management agency under the Ministry of Construction, it shall post the notice on the Ministry of Construction’s portal.”

Article 24. To add Article 86a

To add Article 86a below Article 86 as follows:

“Article 86a. Application of condominium service charges in case the operation management unit and the owners fail to reach an agreement

In case the operation management unit and the owners and users of the condominium fail to reach an agreement on the condominium operation management service charges, the operation management unit may temporarily collect according to the service charges currently being collected in the immediately preceding year or another level, provided that such temporary collection does not exceed the rate frame for condominium operation management services promulgated by the provincial-level People’s Committee until the parties reach an agreement on the service charges.”

Article 25. To amend Article 95

To annul Clause 8.

Article 26. To replace a number of phrases

To replace the phrase “Conditions for capital mobilization” in the titles of Articles 43, 44, 45, 46, 47, and 48 with the phrase “Conditions for capital mobilization for housing development”.

Chapter III

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE NO. 98/2024/ND-CP DATED JULY 25, 2024 OF THE GOVERNMENT DETAILING A NUMBER OF ARTICLES OF THE HOUSING LAW ON RENOVATION AND RECONSTRUCTION OF CONDOMINIUMS

Article 27. To amend and supplement Article 4

To add Clauses 8 and 9 as follows:

“8. In case the application forms, declarations, and dossier components specified in Clause 1 Article 10 of this Decree contain information already available in the national population database or specialized databases, such information shall be replaced by the personal identification numbers or specialized codes indicated in the application forms or declarations when the national population database or specialized databases are put into operation.

9. The results of the settlement of administrative procedures shall be returned in electronic form; in case individuals or organizations request to receive a paper copy, the agency settling the administrative procedure shall provide both the electronic version and the paper version. The electronic result of the settlement of administrative procedures shall have the same legal value as the result of the settlement of administrative procedures in paper form.”

Article 28. To amend and supplement Article 16

To add to the end of Clause 1 as follows:

“... “The time limit for carrying out the agreement on the transfer of land use rights shall be decided by the provincial-level People’s Committee but must be prior to the expected time for implementation of relocation and demolition of the condominium in the approved plan for renovation and reconstruction of the condominium as prescribed in Clause 2 Article 7 of this Decree.”

Article 29. To amend and supplement Article 18

To amend and supplement Clause 1 as follows:

“1. The selection of the project owner for the condominium renovation and reconstruction project via the bidding organization shall be applied in case the time limit for selecting the project investor as prescribed in Clause 5 Article 17 of this Decree expires but no investor registers to participate, or in case there are investors registering to participate but the condominium owners fail to select the project investor, or in case the competent agency decides to conduct bidding to select the project investor when the project owner has not been agreed upon by all owners for the transfer of land use rights as prescribed in Article 16 of this Decree.”

Article 30. To amend and supplement a number of phrases in Clause 13 Article 48

1. To replace the phrase “within 15 days” at Point b with the phrase “within 05 working days” and replace the phrase “planning and investment, finance, natural resources and environment” with the phrase “finance, agriculture and environment”.

2. To replace the phrase “within 10 days” at Point d with the phrase “within 05 working days”.

3. To replace the phrase “within 10 days” at Point dd with the phrase “within 05 working days”.

Chapter IV

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE NO. 100/2024/ND-CP DATED JULY 26, 2024 DETAILING A NUMBER OF ARTICLES OF THE HOUSING LAW REGARDING DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSING (AS AMENDED AND SUPPLEMENTED UNDER DECREE NO. 261/2025/ND-CP)

Article 31. To amend and supplement Article 1

To add Clause 19 as follows:

“19. General principles on administrative procedures in this Decree:

a) Dossiers for requesting the settlement of administrative procedures shall be submitted directly, online, or via postal services;

b) In case the application forms, declarations, and dossier components specified in Clause 1 Article 13, Clause 5 Article 19, Article 29, Clause 1 and Clause 2 Article 30, Clause 2 Article 35, Article 37, Article 38, Clause 2 Article 44, Point a Clause 2 Article 48, Article 63, Article 67, Article 68, and Clause 2 Article 70 contain information already available in the national population database or specialized databases, such information shall be replaced by the personal identification numbers or specialized codes indicated in the application forms or declarations when the national population database or specialized databases are put into operation;

c) The results of the settlement of administrative procedures shall be returned in electronic form; in case individuals or organizations request to receive a paper copy, the agency settling the administrative procedure shall provide both the electronic version and the paper version. The electronic result of the settlement of administrative procedures shall have the same legal value as the result of the settlement of administrative procedures in paper form.”

Article 32. To amend and supplement Article 29

To amend and supplement Clause 1 as follows:

“1. A case of having no houses under one’s ownership shall be determined when the subject specified in Clause 1 Article 77 of the Housing Law and the spouse of such subject (if any) are determined as not having their names or not having information on housing in the Certificate of land use rights and ownership of assets attached to land in the province or centrally run city where the social housing project is located.

Within 07 days from the date of receipt of the request for confirmation of housing conditions, the agency competent to issue the Certificate of land use rights and ownership of assets attached to land in accordance with the law on land in the province or centrally run city where the social housing project is located shall provide confirmation in accordance with this Clause.”

Article 33. To amend and supplement Article 30

To amend and supplement Clause 2 as follows:

“2. In case the subject specified in Clause 5 Article 76 of the Housing Law does not have a labor contract, the subject must satisfy the income conditions as prescribed in Clause 1 of this Article and be certified by the commune-level public security agency at the place of permanent residence, temporary residence, or current place of residence. Within 07 days from the date of receipt of the request for confirmation, the commune-level public security agency at the place where the citizen has permanent residence, temporary residence, or current place of residence at the time of the request shall confirm the following information: Full name; date of birth; gender; personal identification number; date of issuance of the identity card/citizen identity card; place of permanent residence/place of temporary residence/current place of residence.

The citizen shall declare and commit to the information on the average monthly income. The commune-level public security agency shall coordinate with relevant authorities in verifying and conducting post-verification of the citizen’s average monthly income information in necessary cases.

The request form for confirmation of income conditions prescribed in this Clause shall simultaneously serve as a document proving the subject eligible for the social housing support policy.”

Article 34. To amend and supplement Article 38

“Article 38. Order and procedures for the sale, lease-purchase, and lease of social housing invested in and constructed under projects and not using public investment capital or trade union financial sources

1. The order and procedures for the sale of social housing shall be carried out as follows:

a) After 30 days from the commencement of the project, the project owner of the social housing construction investment project shall provide information related to the project for public disclosure on the website of the Provincial-level Department of Construction and the commune-level People’s Committee in the locality where the project is located; publish at least once in a newspaper which is the official organ of the local government and announcing on the electronic information portal of the project owner (if any) or the real estate exchange of the project owner (if any) so that people may know, prepare dossiers for registration to purchase social housing, and conduct monitoring and supervision.

The publicly disclosed information includes: Project name; project owner; project construction location; contact address; address for submission of registration applications; project implementation progress; project scale; number of apartments/houses (including: number of apartments/houses for sale; apartment area; (provisional) sale price for each type of apartment/house; expected time for commencing receipt of registration dossiers and other relevant contents).

In case the housing and real estate information systems and databases has been connected and put into operation for exploitation, the information on the social housing construction investment project shall be publicly disclosed on this system in accordance with the law on construction and the management of the housing and real estate information systems and databases;

b) Prior to the time of commencing receipt of registration dossiers for the purchase of social housing, the project owner shall publicly disclose information on the time for commencement and completion of receipt of registration dossiers for purchase, the number of apartments/houses for sale, apartment area, and the sale price of social housing on the housing and real estate information systems and databases and send it to the Provincial-level Department of Construction of the locality where the project is located for public disclosure on the website of the Provincial-level Department of Construction.

The public disclosure of information must be carried out at least 30 days prior to the time of commencing receipt of dossiers.

c) On the basis of the information on the social housing project that has been publicly disclosed, households and individuals wishing to purchase social housing shall submit dossiers for the purchase of social housing to the project owner. Each household or individual wishing to purchase social housing shall not simultaneously register to purchase social housing at multiple projects at the same time.

The subjects specified in Clause 10 Article 76 of the Housing Law must obtain confirmation of their subject status from the commune-level People’s Committee at the place where the land is recovered and where houses must be cleared and demolished in accordance with the form guided by the Minister of Construction. Within 07 days from the date of receipt of the request for confirmation, the commune-level People’s Committee shall provide confirmation of the subject status.

The submission of dossiers may be carried out directly, online, via postal services, or submitted to the agency, unit, or enterprise where the individual is working for consolidation and submitted to the project owner.

The time for submission and receipt of dossiers shall be decided by the project owner but must be at least 30 days from the date of commencement of receipt of dossiers;

d) The dossier for registration to purchase social housing includes: an application for registration to purchase social housing in accordance with the Form No. 01 provided in Appendix II of this Decree; documents proving the subject status and conditions for entitlement to the social housing support policy.

The documents proving the subject status and conditions for entitlement to the social housing support policy shall be valid for 12 months from the date of confirmation. The applicants for purchasing social housing must commit to not having received any housing support policies and shall ensure that they meet the eligibility criteria for social housing support policies at the time of signing the sale and purchase contract;

dd) Within 10 days from the expiry date for submission of dossiers, the project owner shall compile the list of registered social housing applicants, which includes the personal information of the registrant and household members as declared in the Social Housing Purchase Application Form; and send it to the Provincial-level Department of Construction of the locality where the project is located for verification of whether the social housing purchase registrant has benefited or has not yet benefited from the housing support policy in accordance with the Housing Law. The Provincial-level Department of Construction shall provide a written response within 10 days from the date of receipt of the list of registrants.

The project owner shall review, evaluate, and compile the opinions of the Provincial-level Department of Construction and compare them with the Housing Law in order to determine dossiers satisfying the conditions for entitlement to the social housing support policy.

The project owner shall prepare and publicly announce the List of dossiers that fully satisfy the prescribed conditions and the dossiers that do not fully satisfy the conditions at the project implementation location, on the electronic information portal of the project owner (if any), and at the real estate exchange of the project owner (if any).

Within 30 days from the expiry date for submission of dossiers, the project owner shall publicly announce the List of dossiers that fully satisfy the conditions for purchase of social housing. For dossiers that do not satisfy the conditions, they shall be returned with a clear statement of the reasons within 15 days from the date of public announcement of the List;

e) In case the total number of registration dossiers that meet the conditions in the List specified at Point dd of this Clause is equal to or less than the total number of apartments/houses expected to be sold, the sale and purchase shall be carried out according to the agreement between the project owner and the customers;

g) In case the total number of registration dossiers that meet the conditions in the List specified at Point dd of this Clause is greater than the total number of apartments/ houses expected to be sold, the project owner shall organize a lucky draw to select the persons eligible to purchase social housing.

The form of lucky draw shall be decided by the project owner but must be conducted under the supervision of a representative of the Provincial-level Department of Construction in the locality, a representative of the commune-level People’s Committee, and a representative of the commune-level public security agency where the project is located, who shall confirm the minutes of the results of the lucky draw;

h) In case the project has priority subjects as prescribed at Point dd Clause 1 Article 79 of the Housing Law, such subjects shall be prioritized to purchase social housing without lucky draw, with the number of apartments equal to the total number of eligible dossiers of these priority groups divided by the total number of eligible dossiers in the List prescribed in this Clause multiplied by the total number of social housing apartments/houses expected to be sold.

The priority for female subjects shall be applied in case the applicant is a single female or must be the head of the household in the residence database.

The priority subjects specified at Point dd Clause 1 Article 79 of the Housing Law shall be allocated apartments/houses in the following order: persons with meritorious services to the revolution, relatives of martyrs, persons with disabilities, persons arranged for resettlement in the form of purchasing social housing, and women. In case the number of priority subjects in one group exceeds the number of remaining priority apartments/houses, a lucky draw shall be conducted among such priority group, and the remaining subjects shall continue to participate in the lucky draw together with non-priority subjects;

i) After the housing is eligible for sale in accordance with the law on real estate business, the project owner shall sign the Social Housing Sale and Purchase Contract with the customer; and simultaneously update information on the transaction and the subjects who have purchased social housing in accordance with the Housing Law, the law on construction, and the law on management of the housing and real estate information systems and databases.

The project owner shall publicly announce the List of customers who have signed social housing sale and purchase contracts (including members of their households) at the project owner’s head office, at the project implementation location, and at the real estate exchange (if any) or on the electronic information portal on social housing of the project owner (if any).

2. The order and procedures for lease-purchase of social housing shall be implemented in accordance with Clause 1 of this Article.

3. The order and procedures for lease of social housing shall be implemented in accordance with Clause 1 of this Article and it shall not be required to submit documents proving housing and income conditions. In case of leasing social houses classified as public assets, the lessee shall submit documents proving their eligibility for exemption or reduction of social housing rent (if any).”

Article 35. To amend and supplement Article 39

To amend and supplement Article 39 as follows:

a) To amend and supplement Clause 1 as follows:

“1. In case of resale of social housing to the project owner, the resale shall be carried out in accordance with Point dd Clause 1 Article 89 of the Housing Law and the law on real estate business and the law on land.”

b) To add Clause 3 as follows:

“3. In case the reseller of social housing as stipulated in Clauses 1 and 2 of this Article has not yet completed the sale and purchase contract liquidation procedures with the project owner, the liquidation of the contract shall be carried out in accordance with the civil law before the resale of the social housing.”

Article 36. To amend and supplement Article 48

To add Point a1 below Point a Clause 2 as follows:

“a1) Within 07 days from the date of receipt of the certificate of conditions as prescribed at Point a Clause 4 Article 110 of the Housing Law, the commune-level People’s Committee shall provide confirmation in accordance with this Clause.”

Article 37. To amend and supplement Article 68

“Article 68. Order and procedures for the sale, lease-purchase, and lease of housing for the people’s armed forces invested in and constructed not using public investment capital

1. The order and procedures for the sale of housing for the people’s armed forces shall be carried out as follows:

a) After 30 days from the date of commencement, the project owner of the housing construction investment project for the people’s armed forces shall provide the project-related information (project name; project owner; project construction location; contact address; project implementation progress; project scale; number of apartments (including: total number of apartments of the project; apartment area; (provisional) sale price for each type of apartment; time for commencement and completion of receipt of registration applications and other relevant contents)) to the housing specialized agency of the Ministry of National Defence and the Ministry of Public Security.

In case the housing and real estate information systems and databases has been connected and put into operation for exploitation, the information on the housing construction investment project for the people’s armed forces shall be publicly disclosed on this system in accordance with the law on construction and the management of the housing and real estate information systems and databases;

b) Prior to the time of commencing receipt of registration dossiers for the purchase of housing for the people’s armed forces, the project owner shall send information on the time for commencement and completion of receipt of registration dossiers for purchase, the number of apartments/houses for sale, apartment area, and the sale price of housing for the people’s armed forces on the housing and real estate information systems and send it to the housing specialized agency under the Ministry of National Defence and the Ministry of Public Security.

The time for submission and receipt of dossiers shall be decided by the project owner but must be at least 30 days from the date of commencement of receipt of dossiers;

c) The Ministry of National Defence and the Ministry of Public Security shall assign their respective housing specialized agencies or subordinate units at the provincial level in the locality where the project is located to send project information to units of the people’s armed forces in the locality in order to notify subjects eligible for the housing support policy for the people’s armed forces to register.

Individuals wishing to register to purchase housing for the people’s armed forces shall submit an application for registration to purchase housing for the people’s armed forces in accordance with the Form No. 03 in Appendix II of this Decree and documents proving the subject status and conditions for purchase of housing for the people’s armed forces to the unit where the individual is working for consolidation and submission to the specialized agency under the Ministry of National Defence or the Ministry of Public Security;

d) Based on the number of registrations from the units, the Ministry of National Defence and the Ministry of Public Security shall organize the allocation of the number of apartments in the project to subordinate units stationed in the province where the project is located according to the ratio of registration dossiers and the specific conditions of the armed forces. The allocation may be carried out in one or multiple phases, ensuring conformity with the number of apartments, the registration dossiers, and the actual implementation progress of the project.

Based on the number of apartments allocated, the units under the Ministry of National Defence and the Ministry of Public Security shall organize the review and appraisal, and prepare a List of subjects under their management expected to purchase housing for the people’s armed forces, together with dossiers proving the subject status and eligibility for the social housing support policy as prescribed, and send them to the housing specialized agency under the Ministry of National Defence or the Ministry of Public Security.

The applicants for purchasing housing for the people’s armed forces must commit that they have not previously benefited from housing support policies and have not purchased housing for the people’s armed forces, and shall take responsibility for ensuring that they meet the subject and eligibility conditions for the housing support policy for the people’s armed forces at the time of signing the sale and purchase contract;

dd) The housing specialized agency under the Ministry of National Defence or the Ministry of Public Security shall compile the List of persons expected to purchase housing for the people’s armed forces, including personal information of the registrant and members of their household as declared in the housing purchase application form for the people’s armed forces, and send it to the Provincial-level Department of Construction of the locality where the project is located for verification of whether the registrant has previously benefited from housing support policies in accordance with the Housing Law. The Provincial-level Department of Construction shall provide a written response within 10 days from the date of receipt of the List;

e) The housing specialized agency under the Ministry of National Defence or the Ministry of Public Security shall review, assess, consolidate the opinions of the Provincial-level Department of Construction, and compare them with the Housing Law to determine dossiers that satisfy the conditions for benefiting from the housing support policy for the people’s armed forces; compile the List of persons eligible to purchase housing for the people’s armed forces, submit it to the leadership of the Ministry of National Defence or the Ministry of Public Security for approval, and notify the project owner and the subjects eligible to purchase housing in the project.

For dossiers that do not satisfy the conditions, they shall be returned with a clear statement of the reasons within 15 days from the date of approval of the List.

In case individuals in the armed forces meet the eligibility criteria and have been approved and included in the list, but no longer wish to purchase housing, they should report this to their employing unit for the Ministry of National Defence and the Ministry of Public Security to remove them from the list;

g) After the housing becomes eligible for sale in accordance with the law on real estate business, the project owner shall sign the housing sale and purchase contract for the people’s armed forces with the customer; and at the same time update information on the transaction and the subjects who have purchased housing for the people’s armed forces in accordance with the Housing Law, the law on construction, and the law on management of the housing and real estate information systems and databases.

The project owner shall publicly announce the List of customers who have signed the sale and purchase contracts for housing for the people’s armed forces (including members of their households) at the project owner’s head office, at the project implementation site, and at the real estate exchange (if any) or on the project owner’s electronic information portal on housing for the people’s armed forces (if any), and send such list to the housing specialized agency under the Ministry of National Defence or the Ministry of Public Security for storage and for management and inspection purposes.

2. The order and procedures for lease-purchase of housing for the people’s armed forces shall be implemented in accordance with Clause 1 of this Article.

3. The order and procedures for lease of housing for the people’s armed forces shall be implemented in accordance with Clause 1 of this Article and it shall not be required to submit documents proving housing and income conditions. In case of leasing housing for the people’s armed forces classified as public assets, the lessee shall submit documents proving their eligibility for exemption or reduction of the rent for housing for the people’s armed forces (if any).”

Article 38. To amend and supplement Article 78

To amend and supplement Clause 12 as follows:

“12. In case social housing is being leased in accordance with Clause 2 Article 26 of Decree No. 100/2015/ND-CP, the project owner shall be given priority to sell such housing to the current lessee if the lessee wishes to purchase it before the expiry of 10 years and meets the eligible subject category and conditions as prescribed in this Decree, or to resell such housing to the National Housing Fund.

The sale price of the social housing currently under lease shall include: the appraised sale price determined at the time of appraisal, plus the average annual interest rate of state-owned commercial banks corresponding to the rental period, and minus the depreciation value of the housing. The depreciation value of a house is determined by multiplying the house's sale price, as appraised by the competent state agency, by the lease term and dividing by the calculated number of years to recover the investment for the lease.”

Chapter V

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREES ON DECENTRALIZATION, DELEGATION, AND ASSIGNMENT OF AUTHORITY IN THE FIELD OF STATE MANAGEMENT OF THE MINISTRY OF CONSTRUCTION

Article 39. Amending and supplementing Decree No. 140/2025/ND-CP dated June 12, 2025 of the Government providing for the assignment of two-tier local governments in the field of state management of the Ministry of Construction

To amend and supplement Clause 2 Article 9 as follows:

“2. The responsibility of the representative of the owner of houses classified as public assets, which is the provincial-level People’s Committee as prescribed in Clause 1 Article 15 of the 2023 Housing Law, shall be performed by the commune-level People’s Committee when it is decentralized or authorized.”

Article 40. Amending and supplementing Decree No. 144/2025/ND-CP dated June 12, 2025 of the Government providing for decentralization and delegation in the field of state management of the Ministry of Construction

1. To add Clause 1a, Article 5 as follows:

“1a. In case the Office of the Party Central Committee is assigned by the competent agency to implement an official residence housing construction investment project, the Chief of the Office of the Party Central Committee shall decide on the investment policy, decide on the investment, decide on the project owner, and decide on the management and operation in accordance with regulations.

The order and procedures for deciding and adjusting the investment policy, deciding on the investment, and deciding on the project owner shall be applied in accordance with the housing law and the law on public investment.”

2. To annul Article 23.

Chapter VI

EFFECT AND IMPLEMENTATION ORGANIZATION

Article 41. Implementation provision

1. This Decree takes effect from February 09, 2026.

Chapter V of this Decree shall cease to be effective in accordance with Decree No. 140/2025/ND-CP and Decree No. 144/2025/ND-CP.

2. For the application of Decree No. 144/2025/ND-CP on decentralization and delegation in the field of state management of the Ministry of Construction:

a) The order, procedures, and competence to conversion of housing functions as prescribed in Decree No. 95/2024/ND-CP shall continue to be implemented in accordance with Decree No. 144/2025/ND-CP and Article 22 of this Decree;

b) The registration of real estate exchange operations as prescribed in Decree No. 96/2024/ND-CP shall continue to be implemented in accordance with Decree No. 144/2025/ND-CP, Clause 2 Article 14 of Decree No. 96/2024/ND-CP, and this Decree;

c) Other contents prescribed in Decree No. 144/2025/ND-CP that are not amended or supplemented under this Decree shall continue to be implemented in accordance with Decree No. 144/2025/ND-CP.

3. Other contents prescribed in Decree No. 140/2025/ND-CP that are not amended or supplemented under this Decree shall continue to be implemented in accordance with Decree No. 140/2025/ND-CP.

4. The agencies competent to handle administrative procedures as prescribed in Decree No. 95/2024/ND-CP, Decree No. 96/2024/ND-CP, Decree No. 98/2024/ND-CP, Decree No. 100/2024/ND-CP, and this Decree shall update documents on the settlement of administrative procedures onto the housing and real estate information systems in accordance with the law on real estate business.

5. In case the legal normative documents referred to in this Decree are amended, supplemented, or replaced, the provisions of such amended, supplemented, or replacement documents shall apply.

Article 42. Transitional provision

1. For dossiers submitted before the effective date of this Decree for which the settlement results have not yet been issued, the dossier-receiving agency shall not request additional documents (hard copies) for dossier components already prescribed in this Decree, except in case the relevant database has not yet been exploited or put into operation.

2. For entities that have been notified by the housing management agency under the Ministry of Construction as being eligible for the management and operation of apartment buildings in accordance with Decree No. 95/2024/ND-CP, in case such entities request supplementation or amendment of the contents in the written notice, the competent agency responsible for notifying changes in information shall be the provincial-level housing management agency.

3. From the effective date of Decree No. 95/2024/ND-CP until the time before this Decree takes effect, entities managing and operating apartment buildings that had been published as eligible for management and operation in accordance with the housing law prior to the effective date of Decree No. 95/2024/ND-CP, but have not yet submitted dossiers or have submitted dossiers but have not yet received results for consideration and notification of eligibility for management and operation of apartment buildings, shall not be required to comply with Clause 8 Article 95 of Decree No. 95/2024/ND-CP, except in case there are changes in information, service contents, or the conditions prescribed in Clause 6 Article 198 of the Housing Law are not satisfied.

4. In case the project owner has already received registration dossiers for purchase or lease-purchase in accordance with Decree No. 100/2024/ND-CP, the procedures and order prescribed in Decree No. 100/2024/ND-CP shall continue to apply. In case registration dossiers have not yet been received, the provisions of this Decree shall apply.

5. Documents proving eligibility and conditions for benefiting from the social housing support policy that have been certified by a competent agency in accordance with regulations prior to the effective date of this Decree shall continue to be used and remain valid for 12 months from the date of certification.

Article 43. Responsibilities for implementation organization

1. The Minister of Construction shall provide guidance and organize the implementation of this Decree.

2. Ministries, Heads of ministerial-level agencies, the Heads of Government-attached agencies, Chairpersons of People’s Committees of centrally-run cities and provinces, relevant agencies shall organize the implementation of this Decree.