THE GOVERNMENT OF VIETNAM | SOCIALIST REPUBLIC OF VIETNAM |
No: 261/2025/ND-CP | Hanoi, October 10, 2025 |
DECREE
AMENDMENTS TO CERTAIN ARTICLES OF THE GOVERNMENT’S DECREE NO. 100/2024/ND-CP DATED JULY 26, 2024 ELABORATING THE LAW ON HOUSING PERTAINING TO SOCIAL HOUSING DEVELOPMENT AND MANAGEMENT AND GOVERNMENT’S DECREE NO. 192/2025/ND-CP DATED JULY 1, 2025ON ELABORATION OF AND GUIDELINES FOR IMPLEMENTATION OF THE NATIONAL ASSEMBLY’S RESOLUTION NO. 201/2025/QH15 DATED MAY 29, 2025, ON PILOT IMPLEMENTATION OF CERTAIN SPECIAL MECHANISMS AND POLICIES FOR SOCIAL HOUSING DEVELOPMENT
Pursuant to the Law on Organization of the Government 63/2025/QH15;
Pursuant to the Housing Law No. 27/2023/QH15; Law on Amendments to a Number of Articles of the Land Law No. 31/2024/QH15; Housing Law No. 27/2023/QH15; Law on Real Estate Business No. 29/2023/QH15; and Law on Credit Institutions No. 32/2024/QH15;
Pursuant to the National Assembly’s Resolution No. 201/2025/QH15 dated May 29, 2025, on pilot implementation of certain special mechanisms and policies for social housing development;
At the request of the Minister of Construction;
The Government promulgates Decree on amendments to certain articles of the Government’s Decree No. 100/2024/ND-CP dated July 26, 2024 elaborating the law on housing pertaining to social housing development and management and Government’s Decree No. 192/2025/ND-CP dated July 1, 2025ON elaboration of and guidelines for implementation of the National Assembly’s Resolution No. 201/2025/QH15 dated May 29, 2025, on pilot implementation of certain special mechanisms and policies for social housing development.
Article 1. Amendments to certain Articles of the Government’s Decree No. 100/2024/ND-CP dated July 26, 2024 elaborating the law on housing pertaining to social housing development and management
1. Clause 2, Clause 3, and Clause 4 are amended; Clause 2a is added after Clause 2 Article 19 as follows:
“2. The project owner must pay an amount equivalent to value of land fund on which technical infrastructures have been invested and built to accommodate social housing construction, including:
a) Land levy equivalent to 20% of the land area of the project as determined by land laws;
b) The amount equivalent to the cost of investment in constructing technical infrastructure systems determined by a ratio of 20% of the land area to the total land area of the project multiplied by the total cost of investment in technical infrastructure construction announced by the Minister of Construction at the time of land levy calculation in accordance with point a of this Clause, excluding costs of site clearance or reclamation (if any).
2a. In the case where the project owner is late in paying the amounts as prescribed in Clause 2 of this Article, the project owner must pay late payment interest (or an amount equivalent to late payment interest) as per laws on tax administration.
3. Payments made by project owners in accordance with Clause 2 and Clause 2a (if any) of this Article shall be submitted to local government budget, managed and used in accordance with state budget laws.
4. Where project owners of commercial housing investment projects have made payments equivalent to value of land fund for social housing with invested technical infrastructure system in accordance with Clause 2 and Clause 2a (if any) of this Article, the project owners shall be considered to have fulfilled obligations relating to social housing.”
2. Clauses 1 and 2 of Article 30 are amended as follows:
“Article 30. Income eligibility
1. Entities under Clauses 5, 6, and 8 Article 76 of Housing Law must meet income requirements below:
a) Where the applicant is single, net monthly income must not exceed 20 million VND according to pay slip verified by his/her employer, workplace, enterprise.
Where the applicant is single and is caring for minor(s), net monthly income must not exceed 30 million VND according to pay slip verified by his/her employer, workplace, and enterprise.
b) Where the applicant is married as per the law, net monthly income of the applicant and his/her spouse must not exceed 40 million VND according to pay slip verified by their employer, workplace, and enterprise.
c) Income data stipulated in points a and b of this Clause shall be collected in the last year from the date on which the competent authority conducts the verification.
d) Based on the conditions and income levels of each area, the incentive policies concerning housing for cadres, civil servants, public employees, and the number of dependants as prescribed by law, the provincial-level People’s Committee shall decide on adjusting the income levels specified in point a, point b of this Clause, but not exceeding the ratio between the average per capita income (PCI) of the province and the national PCI; decide on policies to encourage access to social housing for beneficiaries with three (03) or more dependants.
2. For cases of Clause 5 Article 76 of Housing Law, if the beneficiary is not in possession of employment contract, they must meet the conditions as prescribed in Clause 1 of this Article and have their conditions verified by the police office at the commune of their permanent or temporary residence or current residence.
Within 07 days from the date of receiving the application, the police office at the commune of permanent or temporary residence or current residence shall verify the income eligibility based on the population database.
3. Point b, Clause 2 of Article 35 is amended as follows:
“b) Legal documents of the project (consisting of: Written approval of investment guidelines; decision allocating land or certificate of land use right or other documentation proof of land use right; written approval for 1/500 scale detail planning; construction permit and other relevant documents);
In cases where the national database, specialized databases on land, investment, and construction have been exploited and operated, these documents shall be replaced by an information code attached to the application stipulated in point a hereof.“
4. Clause 4 of Article 48 is amended as follows:
“4. The loan interest is 5.4% per year. The interest of outstanding loan is 130% loan interest. In cases where it is necessary to change the loan interest, VBSP shall lead and cooperate with the Ministry of Construction and relevant agencies to submit to the Prime Minister for consideration and decision.
5. Point b, Clause 2 of Article 67 is amended as follows:
b) Where the spouse of the applicant does not fall under Clause 7 Article 76 of Housing Law, their total net monthly income shall not exceed 1,5 times total income of a colonel-ranking official (consisting of minimum wages and allowances as per the law) verified by presiding agencies, entities.
Where the spouse of the applicant falls under Clause 5 Article 76 of Housing Law does not work under employment contracts, the income eligibility verification shall comply with Clause 2 Article 30 of this Decree.”
6. Clause 4 of Article 78 is amended as follows:
“In respect of any commercial housing investment project under 10 ha, where the project owner has been approved to fulfill social housing obligations in the form of monetary payment before the effective date hereof and has not calculated and made the payment equivalent to value of land fund on which technical infrastructures have been invested and built to accommodate social housing construction as of the effective date hereof, the project owner shall calculate, collect and make payment in accordance with this Decree. If the amount has been calculated but not paid, the project owner shall pay the calculated amount and the late payment interest as stipulated in Clause 2a Article 19 hereof.
In respect of any commercial housing investment project under 10 ha, where the project owner has been approved to fulfill social housing obligations in the form of monetary payment and has made the payment in accordance with land laws before the effective date hereof, the project owner shall not pay the amount stipulated in point b Clause 2 Article 19 hereof. “
7. Form No. 01 in Appendix II (application for purchase, lease-purchase, and lease of social housing) is amended.
Article 2. Amendments to certain articles of the Government’s Decree No. 192/2025/ND-CP dated July 1, 2025 on elaboration of and guidelines for implementation of the National Assembly’s Resolution No. 201/2025/QH15 dated May 29, 2025, on pilot implementation of certain special mechanisms and policies for social housing development
1. Clause 3 of Article 4 is amended as follows:
“3. Where applications are submitted in person or via postal service, the receiving authority must sign a record of receipt or a written confirmation of application submission with result delivery date, specifying the date and time of receipt. Documents in the application must be originals or valid copies as prescribed by law.”
2. Point c is added after point b, Clause 1 of Article 7 as follows:
“c) In the cases where within 30 days from the date on which (i) the Department of Construction has received the application from the first investor for appraisal as stipulated in point a of this Clause, (ii) the provincial-level People’s Committee has not issued a decision approving the investment guidelines, and (iii) the investor assignment has not been carried out, if another satisfactory investor submits a proposal for the same project, the Department of Construction shall approve the investment guidelines and assign the project to the satisfactory investor as prescribed in Clause 1 Article 5 hereof that has the right to use the land through agreements on land use rights transfer or already has land use rights over the entire project area or is the sole investor with land use rights over a portion of the project area.
In the cases where within 30 days from the date on which (i) the Department of Construction receives the application from the first investor as stipulated in this clause; (ii) only one (01) investor submits the proposal; and (iii) the provincial-level People’s Committee has not issued a decision approving the investment guidelines and assigned the project, if another investor submits a proposal for the same project after such 30-day period, the Department of Construction shall continue the appraisal and forward it to the provincial People’s Committee for approving the investment guidelines and assigning the project to the first investor if the conditions prescribed in Clause 1 Article 5 hereof are satisfied.”
3. Clause 1a is added after Clause 1 of Article 13 as follows:
“1a. In cases where the investor voluntarily advances funds for compensation, support, and resettlement according to the approved compensation, support, and resettlement plan approved by the competent authority, the compensation, support, and resettlement costs shall be included in the investment costs in accordance with land laws.”
4. Points a and b Clause 4 of Article 17 are amended as follows:
“a) Where the land fund for social housing construction has sufficient project information specified in Clause 2 Article 7 of the Decree and the project owner of the commercial housing or urban area development project directly proposes the investment in social housing construction and satisfies the conditions specified in Clause 1 Article 5 of this Decree, the assignment of project owner shall be carried out as prescribed in Clause 1 Article 6 of this Decree;
Where the land fund for social housing construction does not have sufficient project information specified in Clause 2 Article 7 of the Decree, the project owner of the commercial housing or urban area development project shall propose a project according to the project information content specified in Clause 2 Article 7 of the Decree to carry out the assignment of project owner as prescribed in Clause 1 Article 6 of this Decree (if the conditions specified in Clause 1 Article 5 of this Decree are satisfied).
b) Where the project owner of the commercial housing or urban area development project does not propose direct investment in construction of social housing on such land funds or propose direct investment in construction of social housing without satisfying of the conditions specified in Clause 1 Article 5 of this Decree, the provincial-level People’s Committee shall assign the Department of Construction to take charge, organize the preparation, and request the provincial-level People’s Committee to decide publishing the project information on the land fund in accordance with Clause 2 Article 7 of this Decree or organize land use right auctions in accordance with laws on commercial housing.”
1. In respect of loans of which credit contracts have been signed with VBSP for purchase, lease-purchase of social housing, housing for armed forces, housing construction, renovation, repair for residential purposes before the effective date of this Decree, the credit contract shall be adjusted to apply the interest rate to actual principal and outstanding principal (if any) in accordance with Clause 4, Article 1 of this Decree.
2. In the cases where the investor has submitted the application as prescribed in Clause 1 Article 7 of Decree No. 192/2025/ND-CP before the effective date of this Decree, has been received by the Department of Construction for appraisal, and the provincial-level People’s Committee has not issued a decision approving the investment guidelines, if another investor submits a proposal for the same project, the Department of Construction shall continue the approval of investment guidelines and carry out the investor assignment in accordance with Clause 2 Article 2 of this Decree. In cases not falling under Clause 2 Article 2 of this Article, the provisions in Clause 2 Article 7 of the Decree No. 192/2025/ND-CP shall apply.
3. In the cases where the social housing lease or lease-purchase contract was signed before the effective date of this Decree and the tenants wish to purchase the house, the income eligibility and housing eligibility shall comply with this Decree and Resolution No. 201/2025/QH15, except for the purchase of social housing as prescribed in Clause 9 Article 88 of the Housing Law No. 27/2023/QH15, as amended and supplemented by Law No. 43/2024/QH15.
1. This Decree comes into force as of October 10, 2025.
2. Clause 5 Article 6 and Clause 8 Article 50 of Decree No. 103/2024/ND-CP dated July 30, 2024 cease to be in force.
3. Provisions in Article 2 and Clause 2 Article 3 of this Decree come into force until May 31, 2030.
Article 5. Implementation organization
1. The Minister of Construction shall provide guidelines and organize the implementation of this Decree.
2. Ministers, Heads of ministerial-level authorities, Heads of Governmental authorities, Chairpersons of provincial-level People’s Committees, and relevant agencies shall organize the implementation of this Decree.
ON BEHALF OF THE GOVERNMENT PP. PRIME MINISTER Tran Hong Ha |
