📋 Tender Overview
Mr. Tran Tan Dats locality (HCMC) is implementing procedures for approving investment policies and selecting investors for an urban development area with a scale of about 200 hectares. The approved Zoning Plan (1/2000 scale) determines the total land area in the entire area is 100 hectares; In which, 20 hectares of residential land have been planned and arranged for social housing development (accounting for 20% of the total residential land area) in a specific location, meeting the requirements of technical and social infrastructure systems. Pursuant to the provisions of Clause 1, Article 83 of the 2023 Housing Law on the arrangement of land funds for independent social housing development, the locality plans to separate this area into 2 independent projects to organize bidding. investor selection, specifically: Project 1 (independent social housing project): Scale of 20 hectares of residential land planned as social housing (with corresponding technical infrastructure area), inviting investors to implement social housing projects. Project 2 (commercial urban area project): Scale of the remaining area of the area (after separating project 1), inviting investors to implement urban area projects using land (houses). Mr. Dat asked, in case the locality has allocated 20% of the social housing land fund for the entire planning area (separated into project 1 for independent implementation), then for project 2, is the competent state agency when approving the investment policy required to require the investor to continue to fulfill the obligation to reserve the land fund or pay an equivalent amount to develop social housing according to the provisions of Clause 2, Article 83 of the Housing Law? 2023 or not? Is the separation of the project as above considered to have fulfilled the responsibility of allocating social housing land fund for the entire 200 ha planning area? The Ministry of Construction answers this issue as follows: In Clause 1, Article 83 of the 2023 Housing Law, it is stipulated: The Provincial Peoples Committee must arrange enough land fund for social housing development according to the approved provincial housing development program and plan, including including: land fund for independent social housing development; land fund for social housing construction within the scope of commercial housing construction investment projects as prescribed in Clauses 2 and 3 of this Article. For rural areas, the Provincial Peoples Committee, based on local conditions, arranges land funds for social housing development. In Clause 1, Article 17 of Decree No. 100/2024/ND-CP dated July 26, 2024 of the Government detailing a number of articles of the Housing Law on the development and management of social housing stipulates: In special class, class I, class II and class III urban areas, the Provincial Peoples Committee where there is a commercial housing construction investment project, when approving the investment policy of the project according to its authority, must decide that the project investor reserves 20% of the total residential land area (except existing residential land, resettlement land). Within the scope of the project, investment has been made in building a technical infrastructure system to build social housing (hereinafter referred to as the social housing land fund). In case of an investment project to build commercial housing in special type, type I, type II and type III urban areas, under the authority to approve the investment policy of the Prime Minister, the Peoples Committee of the province where the project is located will decide to reserve 20% of the total residential land area (excluding existing residential land, resettlement land) within the scope of the project. project, has invested in building a technical infrastructure system to build social housing when the presiding agency collects appraisal opinions and recommends approval of the investment policy for the Prime Ministers approval. In Clause 1, Article 18 of Decree No. 100/2024/ND-CP, it is stipulated: In special class, class I, class II and class III urban areas, for projects under the authority to approve investment policy, the Provincial Peoples Committee considers, Decide on the allocation of social housing land funds invested in the construction of technical infrastructure systems in locations other than the scope of commercial housing investment projects when approving the investment policy and approving the investor according to the following regulations: a) The project is in the case of having to reserve a social housing land fund according to the provisions of Article 17 of this Decree; b) The investor has a land fund in accordance with the planning and land use plan and is located in the same urban area where the investment project is located. Investing in the construction of that commercial housing, has a residential land area with a value equivalent to the value of the social housing land fund invested in building the technical infrastructure system specified in Article 17 of this Decree or has a residential land area equivalent to the residential land area invested in building the technical infrastructure system that must be reserved for the construction of social housing of that commercial housing construction investment project; c) The investor has a written proposal to allocate the land fund specified in Point b of this Clause to replace the social housing land fund specified in Article 17 of this Decree. Clause 1, Article 19 of Decree No. 100/2024/ND-CP stipulates: In special class, class I, class II and class III urban areas, the Provincial Peoples Committee, when approving the investment policy of a commercial housing construction investment project, approves the investor to carry out a commercial housing construction investment project according to its authority to consider and decide whether or not to reserve residential land funds that have been invested in building technical infrastruct
