One of the reasons why the development of social housing has not met the set goals is due to the lack of planned land fund. In your opinion, what new points does Decree No. 100/2024/ND-CP have on the arrangement of land funds for local social housing construction?
- In Article 17 of Decree 100, it still regulates commercial housing projects in special urban areas (including Hanoi and Ho Chi Minh City) and urban areas of class I, II and III, the Provincial People's Committee when Approving the investment policy must reserve 20% of the total residential land area in the project to build social housing. However, to suit reality and give proactive power to localities, Article 18 of Decree 100 allows the Provincial People's Committee to proactively arrange a 20% land fund for social housing construction within the project or other areas outside the project. project (if the investor has a suitable land fund, with residential land value or residential land area equivalent to the land area for social housing construction in the commercial housing project).
Thus, basically the regulations in Decree 100 guiding the 2023 Housing Law still stipulate the responsibility to reserve 20% of land fund for social housing construction in commercial housing projects in urban areas of grade III and above as before. This.
Previously, according to Decree 100/2015/ND-CP (amended by Decree 49/2021/ND-CP), in case of not arranging land funds for social housing construction, localities must report to the Prime Minister before deciding. perform. Decree No. 100/2024/ND-CP has decentralized and delegated power to the Provincial People's Committee to be more proactive in allocating land funds within the project or outside the project scope. On the other hand, the new decree does not limit the scale of the project. The Provincial People's Committee can decide whether the investor will pay money into the budget, instead of using the land fund to build social housing.
What is new in this Decree regarding the method of selecting investors for social housing projects, sir?
- Articles 20 and 21 of Decree 100/2024/ND-CP still stipulate two methods of selecting investors for social housing projects, including: Approving the investment policy simultaneously with approving the investor and bidding for selection. investor or investor approval in case there is an investor who meets the conditions of the invitation for interest documents.
One of the new points when selecting investors to implement a social housing project when evaluating bids is related to the criteria for selecting investors who propose lower prices for selling, renting, or leasing social housing, accounting for 40% or more. % to 50% of total score.
If Circular 09/2021/TT-BXD amended by Circular No. 03/2023/TT-BXD of the Ministry of Construction develops criteria for selecting investors for social housing projects based on financial capacity criteria (from 20 up to 30 points), planning - architecture (from 15 to 20 points), construction of technical infrastructure - social infrastructure (from 10 to 20 points), capacity and experience (from 5 to 15 points) and criteria According to progress criteria (from 5 to 10 points), Article 21 of Decree 100 specifically stipulates the evaluation criteria for lower selling prices, rentals, and lease-purchases of social housing, which account for 40% to 50% of the total points.
Point (c) Clause 5, Article 21 and Clause 4, Article 35 of Decree 100/2024/ND-CP stipulates that in cases where the project has a detailed planning of 1/500, if the enterprise proposes a selling price when participating in the project. Bidders do not have to appraise the selling price of social housing at the sales step, but use the price that the business has previously "offered".
The above regulations are also an important premise towards selecting social housing investors to implement projects at low costs, thereby contributing to reducing costs and rental prices of social housing to consumers.
Sir, how do you evaluate the incentives for reducing administrative procedures and increasing incentives for social housing investors ?
- One of the points that businesses are interested in is related to preferential policies for investors to set aside 20% of the area for commercial business or commercial housing. Instructions for Point (d) Clause 2, Article 85 of the 2023 Housing Law, Article 23 of Decree 100 stipulates that if investors of social housing projects set aside 20% of the land area to build commercial housing, they will pay land use fees for that portion. business Home. In case of construction of commercial and service works (not commercial housing), 20% of the land area or floor area does not have to pay land use fees or land rent.
Regulations on investors paying a 20% land fund use fee to build commercial housing in social housing projects will help investors have more financial resources and proactively do business with this area (no constraints). constraints on commercial housing prices and other constraints like social housing). This is one of the new contents (along with simplifying land use fee exemption procedures) expected by project investors, creating positive changes in the near future.
Thank you Sir!
