The Ministry of Construction is currently collecting comments on the Draft Decree detailing a number of articles of the Housing Law on the development and management of social housing (Draft Decree).
Regarding the regulations on 20% land fund for social housing in commercial housing projects, Mr. Le Hoang Chau - Chairman of the City Real Estate Association. Ho Chi Minh City (HoREA) - recommends that regulations on social housing land funds in commercial housing projects need to be clear, to avoid causing difficulties for businesses and local authorities.
According to Mr. Le Hoang Chau, the regulation that investors of commercial housing projects set aside at least 20% of the total residential land area in the project to build social housing is not close to reality and is probably only a very small number. The investor of the commercial housing project proposes to spend more than 20% of the total residential land area in the project to build social housing.
In addition, the phrase minimum 20% will also make it difficult for localities to enforce legal policies because it is unclear in which cases the minimum level of 20% applies and in which cases the higher level applies. 20%.
Mr. Chau said, if it is higher than 20%, then what percentage is the maximum higher? Either the higher level of 20% was proposed by the investor or decided by the Provincial People's Committee, so this regulation is not transparent, easy to understand, or easy to implement.
Chairman of HoREA cited a number of problems and confusion in implementing regulations in previous documents related to the regulation that investors of commercial housing projects must reserve a portion of the residential land area Investing in the construction of technical infrastructure systems in commercial housing projects to build social housing.
In particular, Clause 2, Article 20 of Decree 90/2006/ND-CP stipulates that based on the specific conditions of each locality, the Provincial People's Committee can consider and decide whether the investor of commercial housing development projects Commercial and new urban areas in the area with a land use scale of 10 hectares or more are responsible for setting aside a part of the land area invested in building a technical infrastructure system for local authorities to develop social housing but within In all cases, it must not exceed 20% of the project's residential land area...
"The use of the phrase not exceeding 20% of the project's residential land area has made it difficult for localities to enforce this legal policy" - Mr. Chau is concerned.
Meanwhile, Decree 71/2010/ND-CP stipulates that for localities in need of social housing, based on specific conditions, the Provincial People's Committee will consider and decide to request the project investor. Commercial housing development in areas with land use scale of 10 hectares or more is responsible for reserving 20% of the land area for housing construction that has been invested in building the technical infrastructure system of these projects for construction. build social housing.
Decree 100/2015/ND-CP stipulates that investors of commercial housing development projects, regardless of area size, must reserve 20% of the total residential land area in detailed or total planning projects. The site has been approved by the competent authority and invested in building a technical infrastructure system for social housing construction.
Mr. Chau believes that the regulation that investors of commercial housing projects must reserve 20% of the total residential land area in the project to build social housing is very transparent, easy to understand, easy to do and uniformly enforced, so it needs to continue. Inherited in Article 17 of the Draft Decree.
