Article 2a is added after Article 2 as follows:

1. Applications for settlement of administrative procedures shall be submitted in person, online or via postal services.

2. Where the application forms, declarations and components of the application specified in Clause 3 and Clause 4 Article 10, Clause 2 Article 14, Point b Clause 3 Article 17, Article 26, Clause 3 Article 31 and Clause 3 Article 32 of this Decree require information already available in the national population database or specialized databases, such information shall be replaced by the personal identification number or specialized identification code indicated in the application form or declaration once the national population database or specialized databases are operational.

In case overseas Vietnamese and foreign nationals residing in Vietnam have not yet been granted a personal identification number or where such information is not available in the database, copies of documents and papers as required by the administrative procedure may continue to be submitted.

3. Results of settlement of administrative procedures shall be returned in electronic form; where individuals or organizations request hard copies, the authority responsible for settlement of administrative procedures shall provide both electronic and hard-copy versions simultaneously. The electronic result shall have the same legal validity as the paper-based result.”

Clause 4a is added after Clause 4 as follows:

 “4a. Where a housing development investment project has not yet obtained opinions from the Ministry of National Defense and the Ministry of Public Security as required by the law on housing at the time of approval of the investment policy, and the investor intends to sell or lease-purchase housing to foreign organizations or individuals in accordance with the law on housing, such content must be clearly stated in the written request for permission to sell or lease-purchase off-the-plan housing as a basis for the Department of Construction to seek opinions from the Ministry of National Defense and the Ministry of Public Security. The Ministry of National Defense and the Ministry of Public Security shall provide their responses within 7 days from the date of receipt of the written request from the Department of Construction. The written notice of the Department of Construction confirming eligibility of off-the-plan housing for sale or lease-purchase must clearly state the results based on the opinions of the Ministry of National Defense and the Ministry of Public Security.

Where, after issuance of the written notice confirming eligibility of off-the-plan housing for sale or lease-purchase, the investor intends to sell housing to foreign organizations or individuals, a written request shall be sent to the Department of Construction to request amendment or supplementation of such content in the written notice.

Amendment or supplementation of the written notice confirming eligibility of off-the-plan housing for sale or lease-purchase shall comply with this Article.”

Point e Clause 2 is amended as follows:

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

Points a and d Clause 2 are amended as follows:

“a) The assignor and the assignee shall agree to execute a contract assignment agreement in accordance with the form set out in Appendix XI enclosed with this Decree.

The contract assignment agreement must be made in writing in a number agreed upon by the parties but not fewer than 6 copies, ensuring compliance with transaction requirements and performance of obligations of the parties in accordance with the law on land, housing, real estate business, taxation, notarization and other relevant laws.”

“d) After compliance with Point c of this Clause, one of the parties shall submit the application to the real estate project investor to request confirmation of the contract assignment; documents included in the application comprise: original copies of the contract assignment agreement enclosed with the original sale and purchase contract; in case of assignment of one or several housing units or construction works among the total purchased or lease-purchased under the contract, the original contract or appendix specifying the housing unit or construction work assigned signed with the investor must be submitted; documents evidencing tax payment or tax exemption or reduction in accordance with the law on taxation. Confirmation by the investor in the contract assignment agreement as prescribed at Point dd of this Clause shall constitute the basis for transfer of rights and obligations of the parties.”

Clause 2 shall be annulled.

Amendments to point b clause 4 Article 17:

“b) Where a real estate trading floor terminates or suspends its operation, compliance shall be in accordance with the law on enterprises. The written notice of termination or suspension must simultaneously be sent to the Department of Construction for publication on the Department’s website and on the Information system and database on housing and real estate market.”

“A real estate brokerage service enterprise must meet the conditions on its head office and business operation location in accordance with the law on enterprises.”

Article 18a is added after Article 18 as follows:

Termination and suspension of operation of real estate brokerage service enterprises shall comply with the law on enterprises. The written notice of termination or suspension must simultaneously be sent to the Department of Construction for publication on the Department’s website and on the Information system and database on housing and real estate market.”

Clause 6 shall be annulled.

Point c Clause 9 is annulled.

Amendments to Clause 5 as follows:

The sentence “Where a project adjusts its investment policy in accordance with the law after the Law on Real Estate Business comes into force, compliance shall be in accordance with the adjusted investment policy of the project.” is annulled.

The following phrases are amended, supplemented and replaced:

1. The phrase “enterprise website” is replaced by “enterprise website (if any)” in Clause 3 Article 4.

2. The phrase “guarantee agreement” in Appendix I (Form No. 01a and Form No. 01b) is replaced by “guarantee commitment letter”.

3. The sentence “This document is made in 6 copies (Party A retains 1 copy, Party B retains 1 copy, 1 copy submitted to the tax authority, 1 copy submitted to the authority receiving applications for issuance of the Certificate and 2 copies retained by the investor (company ……….) and all copies have equal legal validity./.” in Article 9 of Appendix XI is replaced by “This document is made in … copies and all copies have equal legal validity./.”

4. The phrase “President of the provincial/municipal People’s Committee” is replaced by “provincial/municipal People’s Committee”; the phrase “President” is replaced by “For and on behalf of the provincial/municipal People’s Committee” in the signing authority section in Appendix XIV.

5. Section 4 of Appendix XVIII is annulled.

6. Section 4 of Appendix XX is annulled.

Article 2a is added after Article 2 as follows:

1. Applications for settlement of administrative procedures shall be submitted in person, online or via postal services.

2. Where the application forms, declarations and components of the application 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 require information already available in the national population database or specialized databases, such information shall be replaced by the personal identification number or specialized identification code indicated in the application form or declaration once the national population database or specialized databases are operational.

In case overseas Vietnamese and foreign nationals residing in Vietnam have not yet been granted a personal identification number or where such information is not available in the database, copies of documents and papers as required by the administrative procedure may continue to be submitted.

3. Results of settlement of administrative procedures shall be returned in electronic form; where individuals or organizations request hard copies, the authority responsible for settlement of administrative procedures shall provide both electronic and hard-copy versions simultaneously. The electronic result shall have the same legal validity as the paper-based result.”

1. The following is added at the end of Point a Clause 2:

“a) ... Where a project has a portion of its area located outside the area required for national defense and security assurance, the province-level People’s Committee shall determine the portion of the area in which foreign organizations and individuals are permitted to own housing within the list of housing development investment projects eligible for foreign ownership, ensuring conformity with the notice of the Ministry of National Defense and the Ministry of Public Security.”

2. Clause 3 is amended as follows:

“3. Based on the notice of the Ministry of National Defense and the Ministry of Public Security as prescribed in Clause 2 of this Article, the province-level People’s Committee shall determine the list of housing development investment projects within its locality in which foreign organizations and individuals are permitted to own housing and publicly disclose such list on the web portal of the province-level People’s Committee, and simultaneously send it to the province-level housing regulatory authority for publication on its web portal.

Where the list of housing development investment projects eligible for foreign ownership has not yet been determined and publicly disclosed in accordance with this Clause, and the investor or project proposer intends to sell housing to foreign organizations or individuals, a request for opinions from the Ministry of National Defense and the Ministry of Public Security may be made at the stage of approval of the investment policy or at the stage of notification of eligibility of off-the-plan housing for sale or lease-purchase.”

The sentence “The province-level authority competent in planning management, upon approval of planning, shall publicly disclose the population equivalent to a ward as prescribed in this Clause on its web portal” in Clause 1 is annulled.

Point b Clause 5 is amended as follows:

 “b) Where the Information system and database on housing and real estate market has been connected and made accessible for use, the authority issuing the Certificate shall not directly submit reports to the Ministry of Construction and the Ministry of Agriculture and Environment as prescribed at Point a of this Clause.”

The sentence “During formulation and approval of construction planning and urban planning, the planning appraisal authority shall seek opinions from the Ministry of National Defense and the Ministry of Public Security regarding areas requiring national defense and security assurance as prescribed in Article 4 of this Decree within a maximum period of 15 days from the date of receipt of the request from the planning appraisal authority” in Clause 3 is annulled.

Clause 6 is amended as follows:

“6. Where an investor opts to request opinions from the Ministry of National Defense and the Ministry of Public Security to determine whether a project falls within an area requiring national defense and security assurance when carrying out procedures for approval of the investment policy, such content must be clearly stated in the application for approval of the investment policy as a basis for the province-level People’s Committee to seek opinions from the Ministry of National Defense and the Ministry of Public Security during the appraisal process.”

Article 37a is added after Article 37 as follows:

1. The sale price of state-funded resettlement housing shall be decided by the province-level People’s Committee or by the commune-level People’s Committee when authorized or delegated, and shall be determined in the compensation, support and resettlement plan in accordance with the principle of full and accurate cost calculation under the law. Components of the sale price include: housing construction investment costs 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 state-funded resettlement housing shall be decided by the province-level People’s Committee or by the commune-level People’s Committee when authorized or delegated in accordance with the principles prescribed in Clause 1 of this Article and shall be determined according to the formula prescribed in Clause 6 of this Article.

3. The rental price of state-funded resettlement housing shall be decided by the province-level People’s Committee or by the commune-level People’s Committee when authorized or delegated and shall be determined in accordance with the principle of full and accurate cost calculation under the law. Components of the rental price include the costs prescribed in Clause 1 of this Article and maintenance costs allocated over the capital recovery period. The capital recovery period for rental housing shall be decided by the province-level People’s Committee or by the commune-level People’s Committee when authorized or delegated and shall not exceed the service life of the construction works as prescribed by law, and shall be determined according to the formula prescribed in Clause 6 of this Article.

4. In case of purchase or lease-purchase of apartment units, payment of maintenance funds for common ownership areas shall comply with the law on housing.

5. Housing management and operation costs (if any) shall be directly paid by the purchaser, lessee or lease-purchaser to the housing management and operation entity in accordance with regulations.

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

In which:

a) Gt: means the rental or lease-purchase price for 1 m2 of usable housing area per month (VND/m2/month);

b) Vđ:  means the total reasonable pre-tax costs for investment in construction of the housing project (including costs allocated to the project) in accordance with the law on management of construction investment, allocated annually per 1 m2 of usable area based on the principle of capital preservation. When determining Vđ in case of lease-purchase, the initial payment agreed in the contract shall be deducted.

Depending on the investment form, the basis for determination of Vđ is as follows:

Where the State directly invests in construction of resettlement housing using state capital as prescribed in Clause 2 Article 113 of the Law on Housing or uses social housing as resettlement housing, Vđ shall be determined based on the finalized investment capital value approved by the competent regulatory agency; where finalization has not yet been approved, Vđ shall be determined based on the construction investment cost approved by the competent regulatory agency or the actual construction investment cost at the time of price determination or the proposed finalized value or the A-B acceptance minutes.

Where the State purchases commercial housing for use as resettlement housing,  Vđ shall be determined based on the purchase price stated in the sale and purchase contract signed with the investor of the commercial housing project;

c) Vsdđ  means the land use levy allocated annually per 1 m2 of usable housing area in accordance with the law on land.

Where the State directly invests in construction of resettlement housing using state capital as prescribed in Clause 2 Article 113 of the Law on Housing or uses social housing as resettlement housing, Vsdđ shall be determined in accordance with the land price table promulgated by the locality under the law on land.

Where the State purchases commercial housing for use as resettlement housing and the purchase price already includes the land use levy, Vsdđ equals 0;

d) Bt means the average annual maintenance cost allocated per 1 m2 of usable housing area. In case of lease-purchase of housing, maintenance cost shall not be included (Bt = 0 VND); the lease-purchaser shall pay the maintenance fund in accordance with the Law on Housing;

dd) K means the floor coefficient for adjustment of rental price and lease-purchase price of apartments, determined based on the weighted average principle and ensuring that the total coefficient of all floors of a building block equals 1;

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

g) The number 12 means the number of months in 1 year.”

1. Clause 2 shall be annulled.

2. Clause 3 is amended as follows:

a) The phrase “15 days” at Point b is replaced by “10 days”;

b) The phrase “30 days” at Point c is replaced by “20 days”.

3. Point c Clause 4 is annulled.

4. The phrase “, Point c” at Point d Clause 4 is removed.

Clause 1a is added after Clause 1 as follows:

“1a. Where the province-level People’s Committee delegates or authorizes the commune-level People’s Committee to act as representative of the owner of public housing assets, the commune-level People’s Committee shall concurrently act as the housing regulatory authority for public housing assets.”

The following is added at the end of Clause 4:

“... Where the remaining quality ratio of old public housing cannot be determined in accordance with Appendix VIII of this Decree, the province-level People’s Committee shall decide the remaining quality ratio appropriate to actual conditions.”

1. Clause 1 is amended as follows:

“1. An entity in need shall submit 1 set of documents as prescribed in Clause 2 Article 84 of this Decree to the province-level housing regulatory authority.”

2. Clause 2 is amended as follows:

The sentence “where the housing regulatory authority under the Ministry of Construction issues a notification, such notification must be published on the web portal of the Ministry of Construction.” is annulled.

Article 86a is added after Article 86 as follows:

Where the housing management and operation entity and the owners and users of the apartment building fail to agree on the management and operation service price, the housing management and operation entity may temporarily collect the service fee at the rate applied in the immediately preceding year or another rate, provided that such temporary rate does not exceed the price bracket for apartment management and operation services promulgated by the province-level People’s Committee, until the parties reach agreement on the service price.”

Clause 8 shall be annulled.

The phrase “Conditions for capital mobilization” in the titles of Articles 43, 44, 45, 46, 47 and 48 is replaced by the phrase “Conditions for capital mobilization for housing development”.

Clauses 8 and 9 are added as follows:

“8. Where the application forms, declarations and components of the application specified in Clause 1 Article 10 of this Decree require information already available in the national population database or specialized databases, such information shall be replaced by the personal identification number or specialized identification code indicated in the application form or declaration once the national population database or specialized databases are operational.

9. Results of settlement of administrative procedures shall be returned in electronic form; where individuals or organizations request hard copies, the authority responsible for settlement of administrative procedures shall provide both electronic and hard-copy versions simultaneously. The electronic result shall have the same legal validity as the paper-based result.”

The following is added at the end of Clause 1:

“… The maximum time limit for execution of the agreement on transfer of land use rights shall be decided by the province-level People’s Committee but must be prior to the expected time for relocation and demolition of the apartment building in the approved renovation and reconstruction plan in accordance with Clause 2 Article 7 of this Decree.”

Clause 1 is amended as follows:

“1. Selection of the investor of a renovation and reconstruction project of an apartment building through tendering shall apply where, upon expiry of the time limit for selection of the project investor as prescribed in Clause 5 Article 17 of this Decree, no investor registers to participate or where investors register but the apartment owners fail to select the project investor, or where the competent authority decides to conduct tendering for selection of the investor when the investor fails to obtain unanimous agreement of all owners on the agreement on transfer of land use rights as prescribed in Article 16 of this Decree.”

1. The phrase “maximum time limit of 15 days” at Point b is replaced by “maximum time limit of 5 working days”, and the phrase “planning and investment, finance, natural resources and environment” is replaced by “finance, agriculture and environment”.

2. The phrase “maximum time limit of 10 days” at Point d is replaced by “maximum time limit of 5 working days”.

3. The phrase “maximum time limit of 10 days” at Point dd is replaced by “maximum time limit of 5 working days”.

Clause 19 is added as follows:

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

a) Applications for settlement of administrative procedures shall be submitted in person, online or via postal services;

b) Where the application forms, declarations and components of the application 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 require information already available in the national population database or specialized databases, such information shall be replaced by the personal identification number or specialized identification code indicated in the application form or declaration once the national population database or specialized databases are operational;

c) Results of settlement of administrative procedures shall be returned in electronic form; where individuals or organizations request hard copies, the authority responsible for settlement of administrative procedures shall provide both electronic and hard-copy versions simultaneously. The electronic result shall have the same legal validity as the paper-based result.”

Clause 1 is amended as follows:

“1. The condition of not owning housing shall be determined where the persons specified in Clause 1 Article 77 of the Law on Housing and their spouse (if any) have no name or no housing-related information recorded in the Certificate of land use rights and ownership of property on land in the province-level or centrally-affiliated city where the social housing project is located.

Within 7 days from the date of receipt of the request for certification of housing conditions, the authority competent to issue the Certificate of land use rights and ownership of property on land under the law on land in the province-level or centrally-affiliated city where the social housing project is located shall provide confirmation in accordance with this Clause.”

Clause 2 is amended as follows:

“2. Where the persons specified in Clause 5 Article 76 of the Law on Housing do not have labor contracts, they must meet the income condition prescribed in Clause 1 of this Article and obtain certification from the commune-level police authority at the place of permanent residence, temporary residence or current place of residence. Within 7 days from the date of receipt of the application for certification, the commune-level police authority at the place of permanent residence, temporary residence or current place of residence at the time of request shall certify the following information: full name; date of birth; gender; personal identification number; date of issuance of identity card/citizen identity card; place of permanent residence/temporary residence/current place of residence.

Citizens shall declare and undertake responsibility for their average monthly income. The commune-level police authority shall cooperate with relevant authorities in verification and post-audit of average monthly income information where necessary.

The application for certification of income condition prescribed in this Clause shall concurrently serve as the document evidencing eligibility for social housing support policy.”

1. Procedures for sale of social housing are as follows:

a) Within 30 days from the commencement of the project, the investor of the social housing development project shall provide information related to the project for public disclosure on the website of the Department of Construction and the commune-level People’s Committee where the project is located; publish at least once in a newspaper serving as the official organ of the local government; and publish on the investor’s website (if any) or the investor’s real estate trading floor (if any) to enable citizens to prepare application files for purchase of social housing and monitor and supervise.

Publicly disclosed information includes: project name; project investor; project location; contact address and address for submission of applications; project progress; project scale; number of apartments/houses (including: number of units for sale; apartment area; provisional sale price for each type of apartment/house; expected time for commencement of receipt of applications and other relevant contents).

Where the Information system and database on housing and real estate market has been connected and made accessible for use, disclosure of information on the social housing development project shall be carried out on such system in accordance with the law on construction and management of the Information system and database on housing and real estate market;

b) Prior to commencement of receipt of applications for purchase of social housing, the investor shall publicly disclose information on the starting and closing dates for receipt of applications, number of units for sale, apartment area and sale price on the Information system and database on housing and real estate market and send such information to the local Department of Construction for publication on its website.

Such disclosure must be made at least 30 days before the date of commencement of receipt of applications;

c) Based on publicly disclosed information on the social housing project, households and individuals in need shall submit application files for purchase of social housing to the project investor. Each household or individual in need of purchasing social housing shall not simultaneously register to purchase social housing in multiple projects at the same time.

Persons specified in Clause 10 Article 76 of the Law on Housing must obtain certification of eligibility from the commune-level People’s Committee at the place where land is recovered and housing must be cleared and demolished, in accordance with the form guided by the Minister of Construction. Within 7 days from the date of receipt of the application for certification, the commune-level People’s Committee shall provide such certification.

Submission of applications may be made in person, online or via postal services, or through the agency, organization or enterprise where the individual is working for consolidation and submission to the project investor.

The period for submission and receipt of applications shall be decided by the investor but must be at least 30 days from the date of commencement of receipt of applications;

d) The application file for purchase of social housing includes: application form for purchase of social housing according to Form No. 01 in Appendix II enclosed with this Decree; documents evidencing eligibility and conditions for social housing support policy.

Documents evidencing eligibility and conditions for social housing support policy shall be valid for 12 months from the date of certification. The applicant must undertake that he or she has not previously benefited from housing support policy and shall be responsible for ensuring eligibility and conditions at the time of signing the sale and purchase contract;

dd) Within 10 days from the expiry date for submission of applications, the investor shall compile the list of applicants for purchase of social housing, indicating personal information of the applicant and household members declared in the application form; and send such list to the local Department of Construction for verification of whether the applicants have benefited or not benefited from housing support policy in accordance with the law on housing. The Department of Construction shall provide written response within 10 days from the date of receipt of the list.

The investor shall review, assess and consolidate opinions of the Department of Construction and compare them with the law on housing to determine eligible application files.

The investor shall prepare and publicly disclose the list of eligible application files and the list of ineligible application files at the project site, on the investor’s website (if any) and at the investor’s real estate trading floor (if any).

Within 30 days from the expiry date for submission of applications, the investor shall publicly disclose the list of eligible applicants for purchase of social housing. For ineligible applications, the investor shall return the applications and clearly state the reasons within 15 days from the date of disclosure of the list;

e) Where the total number of eligible applications is equal to or less than the total number of units intended for sale, the sale shall be conducted by agreement between the investor and customers;

g) Where the total number of eligible applications exceeds the total number of units intended for sale, the investor shall conduct a lottery to select purchasers of social housing.

The lottery method shall be decided by the investor but must be supervised by representatives of the local Department of Construction, the commune-level People’s Committee and the commune-level police authority where the project is located, and confirmed in the minutes of lottery results;

h) Where the project includes priority groups as prescribed at Point dd Clause 1 Article 79 of the Law on Housing, such groups shall be given priority to purchase social housing without lottery in a number of units equal to the total number of eligible applications of such priority groups divided by the total number of eligible applications multiplied by the total number of units intended for sale.

Priority for female applicants shall apply where the applicant is a single woman or the head of household in the residence database.

Priority groups prescribed at Point dd Clause 1 Article 79 of the Law on Housing shall be allocated units in the following order: persons with meritorious services to the revolution, relatives of martyrs, persons with disabilities, persons arranged for resettlement through purchase of social housing, women. Where the number of priority applicants in one group exceeds the number of priority units remaining, a lottery shall be conducted within that priority group, and the remaining applicants shall continue to participate in the lottery with non-priority applicants;

i) After the housing becomes eligible for sale in accordance with the law on real estate business, the investor shall sign the sale and purchase contract for social housing with customers; and simultaneously update information on transactions and purchasers in accordance with the law on housing, the law on construction and management of the Information system and database on housing and real estate market.

The project investor shall publicly disclose the list of customers who have signed the sale and purchase contract for social housing (including household members) at its head office, at the project site and at the real estate trading floor (if any) or on the social housing website of the investor (if any).

2. Procedures for lease-purchase of social housing shall comply with Clause 1 of this Article.

3. Procedures for lease of social housing shall comply with Clause 1 of this Article and applicants are not required to submit documents evidencing housing and income conditions. Where leasing social housing constituting public housing assets, the lessee shall submit documents evidencing eligibility for exemption or reduction of social housing rent (if any).”

Article 39 is amended as follows:

a) Clause 1 is amended as follows:

“1. Where social housing is resold to the project investor, the resale shall comply with Point dd Clause 1 Article 89 of the Law on Housing and the law on real estate business and the law on land.”

b) Clause 3 is added as follows:

“3. Where the party reselling social housing as prescribed in Clause 1 and Clause 2 of this Article has not carried out contract finalization of the sale and purchase contract with the investor, contract finalization shall be conducted in accordance with civil law before resale of social housing.”

Point a1 is added after Point a Clause 2 as follows:

“a1) Within 7 days from the date of receipt of the certification of conditions as prescribed in Point a Clause 4 Article 110 of the Law on Housing, the commune-level People’s Committee shall provide certification in accordance with this Clause.”

1. Procedures for sale of housing for the people’s armed forces are as follows:

a) Within 30 days from the commencement date, the investor of the housing development project for the people’s armed forces shall provide project-related information (project name; project investor; project location; contact address; project progress; project scale; number of apartments (including: total number of apartments in the project; apartment area; provisional sale price for each type of apartment; starting and closing dates for receipt of applications and other relevant contents)) to the specialized housing authority of the Ministry of National Defense and the Ministry of Public Security.

Where the Information system and database on housing and real estate market has been connected and made accessible for use, disclosure of information on the housing development project for the people’s armed forces shall be carried out on such system in accordance with the law on construction and management of the Information system and database on housing and real estate market;

b) Prior to commencement of receipt of application files for purchase of housing for the people’s armed forces, the investor shall post information on the starting and closing dates for receipt of application files for purchase, number of apartments/houses for sale, apartment area and sale price of housing for the people’s armed forces on the housing and real estate market information system and send such information to the specialized housing authority affiliated to the Ministry of National Defense and the Ministry of Public Security.

The period for submission and receipt of applications shall be decided by the investor but must be at least 30 days from the date of commencement of receipt of applications;

c) The Ministry of National Defense and the Ministry of Public Security shall assign their specialized housing authorities or their province-level affiliated units in the locality where the project is located to disseminate project information to units of the people’s armed forces in the area for notification to eligible persons for housing support policy for the people’s armed forces to register.

Individuals wishing to register for purchase of housing for the people’s armed forces shall submit the application form for purchase of housing for the people’s armed forces according to Form No. 03 in Appendix II enclosed with this Decree and documents evidencing eligibility 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 housing authority affiliated to the Ministry of National Defense and the Ministry of Public Security;

d) Based on the number of registrations submitted by units, the Ministry of National Defense and the Ministry of Public Security shall allocate the number of apartments in the project to their affiliated units stationed in the province-level administrative division where the project is located in proportion to the number of registered application files and the specific conditions of the armed forces. Allocation may be made in one or more rounds, ensuring consistency with the number of apartments, registered application files and the actual rollout status of the project.

Based on the number of allocated apartments, units affiliated to the Ministry of National Defense and the Ministry of Public Security shall conduct appraisal, prepare the list of persons under their management expected to purchase housing for the people’s armed forces, together with documents evidencing eligibility and conditions for social housing support policy as prescribed, and submit them to the specialized housing authority affiliated to the Ministry of National Defense and the Ministry of Public Security.

The applicant must undertake that he or she has not previously benefited from housing support policy, has not purchased housing for the people’s armed forces, and shall be responsible for ensuring eligibility and conditions for housing support policy for the people’s armed forces at the time of signing the sale and purchase contract;

dd) The specialized housing authority affiliated to the Ministry of National Defense and the Ministry of Public Security shall compile the tentative list of purchasers of housing for the people’s armed forces, indicating personal information of the applicant and household members declared in the application form for purchase of housing for the people’s armed forces; and send such list to the local Department of Construction where the project is located for verification of whether the applicants have benefited or not benefited from housing support policy in accordance with the law on housing. The Department of Construction shall provide written response within 10 days from the date of receipt of the list;

e) The specialized housing authority affiliated to the Ministry of National Defense and the Ministry of Public Security shall review, assess and consolidate opinions of the Department of Construction and compare them with the law on housing to determine eligible application files for 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 Defense and the Ministry of Public Security for approval, and notify the project investor and eligible purchasers in the project.

For ineligible application files, such files shall be returned with reasons stated within 15 days from the approval date of the list.

Where a person eligible and approved on the list no longer wishes to purchase housing, he or she shall report to the working unit for submission to the Ministry of National Defense and the Ministry of Public Security for removal from the list;

g) After the housing becomes eligible for sale in accordance with the law on real estate business, the investor shall sign the sale and purchase contract for housing for the people’s armed forces with customers; and simultaneously update information on transactions and purchasers in accordance with the law on housing, the law on construction and management of the Information system and database on housing and real estate market.

The project investor shall publicly disclose the list of customers who have signed the sale and purchase contract for housing for the people’s armed forces (including household members) at its head office, at the project site and at the real estate trading floor (if any) or on the website on housing for the people’s armed forces of the investor (if any), and send such list to the specialized housing authority affiliated to the Ministry of National Defense and the Ministry of Public Security for archiving and use in management and inspection.

2. Procedures for lease-purchase of housing for the people’s armed forces shall comply with Clause 1 of this Article.

3. Procedures for lease of housing for the people’s armed forces shall comply with Clause 1 of this Article and applicants are not required to submit documents evidencing housing and income conditions. Where leasing housing for the people’s armed forces constituting public housing assets, the lessee shall submit documents evidencing eligibility for exemption or reduction of rent for housing for the people’s armed forces (if any).”

Clause 12 is amended as follows:

“12. Where social housing is being leased in accordance with Clause 2 Article 26 of Decree No. 100/2015/ND-CP, the investor may be given priority to sell the housing to the current lessee if the lessee wishes to purchase it before the 10-year period, and meets the eligible categories and conditions prescribed in this Decree, or resell such housing to the national housing fund.

The sale price of leased social housing includes:  the sale price appraised and determined at the time of determination and appraisal of the lease price, plus the average annual lending interest rate of state-owned commercial joint stock banks corresponding to the lease period, minus the depreciated value of the housing.  The depreciated value of the housing shall be determined by multiplying the sale price appraised by the competent regulatory agencies by the period already leased and dividing by the number of years for recovery of investment capital calculated for lease.”

Clause 2 of Article 9 is amended as follows:

“2. Responsibilities of the representative of the owner of public housing assets being the province-level People’s Committee prescribed in Clause 1 Article 15 of the Law on Housing 2023 shall be performed by the commune-level People’s Committee where delegation and authorization are granted.”

1. Add Clause 1a Article 5 as follows:

“1a. Where the Central Office of the Communist Party of Vietnam is assigned by a competent authority to execute a housing development investment project for official-duty housing, the Chief of the Central Office of the Communist Party of Vietnam shall decide the investment policy, decide on the investment, decide the project investor and decide on management and operation in accordance with regulations.

Procedures for deciding and adjusting the investment policy, deciding on the investment and deciding the project investor shall apply as prescribed by the law on housing and the law on public investment.”

2. Annulment of Article 23.

1. This Decree shall come into force on February 9, 2026.

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

2. On application of provisions of Decree No. 144/2025/ND-CP on devolution and delegation in the state management sector of the Ministry of Construction:

a) Procedures for and competences over conversion of housing use purpose prescribed in Decree No. 95/2024/ND-CP shall continue to be applied in accordance with Decree No. 144/2025/ND-CP and Article 22 of this Decree;

b) Registration of operation of a real estate trading floor 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 by this Decree shall continue to apply the provisions of Decree No. 144/2025/ND-CP.

3. Other contents prescribed in Decree No. 140/2025/ND-CP that are not amended by this Decree shall continue to apply the provisions of Decree No. 140/2025/ND-CP.

4. Competent authorities responsible for settlement of administrative procedures 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 administrative procedure settlement documents on the housing and real estate market information system in accordance with the law on real estate business.

5. Where the legislative documents referred to in this Decree are amended or replaced, the amending or replacing document shall apply.

1. For applications submitted before the effective date of this Decree for which results have not yet been issued, the receiving authority shall not request additional documents (hard copies) for components already prescribed in this Decree, except where the relevant database for such contents has not yet been accessed or operated.

2. For an entity that has been notified by the housing authority affiliated to the Ministry of Construction as eligible for apartment building management and operation services in accordance with Decree No. 95/2024/ND-CP, where the entity requests supplementation or amendment of the contents of the notification, the competent authority to notify changes in information shall be the province-level housing regulatory authority.

3. From the effective date of Decree No. 95/2024/ND-CP until before the effective date of this Decree, apartment building management and operation entities that had been posted as eligible before the effective date of Decree No. 95/2024/ND-CP but have not submitted applications or have submitted applications but have not received results for consideration and notification of eligibility shall not be required to comply with Clause 8 Article 95 of Decree No. 95/2024/ND-CP, except where there are changes in information, service contents or failure to meet the conditions prescribed in Clause 6 Article 198 of the Law on Housing.

4. Where the project investor has already started receiving application files for purchase or lease-purchase under Decree No. 100/2024/ND-CP, procedures under Decree No. 100/2024/ND-CP shall continue to apply. Where receipt of application files has not yet commenced, this Decree shall apply.

5. Documents evidencing eligibility and conditions for social housing support policy that have been certified by competent authorities before the effective date of this Decree may continue to be used and remain valid for 12 months from the certification date.

1. The Minister of Construction shall provide guidance and shall implement this Decree.

2. Ministers, heads of ministerial agencies, heads of Government-attached agencies, Presidents of the People’s Committees of provinces and centrally-affiliated cities, and relevant agencies shall implement this Decree.