Apolat Legal

This update discusses several points regarding social housing in the revised Law on Housing, including: 1) regulations requiring the arrangement of social housing land in commercial projects, 2) regulations on incentives for investors in social housing projects, and 3) regulations on profit margins for investors.

Firstly, regulations requiring the arrangement of social housing land in commercial projects, previously only regulated in Decree 49/2021/ND-CP, have now been regulated in the revised Housing Law 2023, specifically the Provincial People’s Committee must allocate enough land funds for social housing development according to approved provincial housing development programs and plans. In special class, class I, class II and class III urban areas, based on the Government’s regulations, the Provincial People’s Committee decides that the investor of a commercial housing construction investment project must reserve a portion of land in projects that have invested in building technical infrastructure systems to build social housing or arrange social housing land funds that have been invested in building technical infrastructure systems in other locations outside the scope investment project to build commercial housing in that urban area or pay money equivalent to the value of the land fund invested in building a technical infrastructure system to build social housing.

Secondly, regarding regulations on incentives for investors in social housing projects, in accordance with Law on Housing, revised 2023, Investors are exempt from land use fees and land rent for the entire land area of the project. In addition, the investor does not have to carry out procedures to determine land prices, calculate land use fees, exempted land rents and does not have to carry out procedures to request exemption from land use fees and land rents.  

Thirdly, regulations on profit margins for investors, previously only regulated in Decree 100/2015/ND-CP and not in the Housing Law, have now become a new feature of the revised Housing Law 2023. Accordingly, the investor is entitled to a maximum profit of 10% of the total construction investment cost for the social housing construction area, and is allowed to reserve a maximum rate of 20% of the total residential land area within the scope of the project has invested in building a technical infrastructure system to invest in building service business, commerce, and commercial housing. Investors of social housing construction investment projects are accounted for separately and don’t have to include investment costs for construction of service business, commercial, or commercial housing projects in the cost of social housing and enjoy all profits for this area of service, commercial, and commercial housing projects; In case of investing in commercial housing construction, the investor must pay land use fees for the commercial housing construction area according to the provisions of land law.

In addition, the revised Housing Law 2023 has expanded the beneficiaries of social housing policies, specifically students of universities, academies, universities, colleges, vocational schools, and schools that specialized according to the provisions of law; students of public ethnic boarding schools and businesses, cooperatives, and unions of cooperatives in industrial zones.

Finally, there are changes in the principles of selling, leasing, and leasing social housing between buyers and sellers. Previously, the buyer of social housing was not allowed to resell the house for a minimum period of 5 years, from the time of full payment of rent and purchase price. Accordingly, in case the lessee wants to sell the house, it can only resell it to that social housing management unit or sell it to an entity eligible to buy social housing if this unit does not buy it with a maximum selling price equal to the selling price of social housing of the same type at the same location and time of sale. Now, the buyer or lease-purchase party can only resell to the investor of a social housing construction investment project or resell to subjects eligible to buy social housing at a maximum selling price equal to the selling price of social housing that is associated in the sales contract with the investor of the social housing construction investment project.   

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Apolat Legal

Established in 2014, Apolat Legal is a licensed law firm providing a board range of legal services in multiple practice areas for domestic and international clients. The firm commits resolving legal issues regarding businesses thoroughly and in the most beneficial way for various clients in Vietnam.

Apolat Legal is also honored to receive numerous recognitions and/or articles posted by world-leading and local organizations and publications including: The Law Association for Asia and the Pacific (LawAsia, 1966), The Legal500, IP Link, AIPPI, IP Coster, Lexology, Global Trade Review (GTR), The Saigon Times, etc.

Apolat Legal lawyers have long been recognized for their legal expertise and paid attention to their dedication in work as well as the capacity to take advantages from their relationship to maximize the interests of clients. The lawyers will be grouped into specialized teams, directly participate in each case to provide advices and close support to customers, thereby quickly completing the assigned work in the most effective way.

APOLAT LEGAL’s reputation and the quality of its services are reflected by its clients. We are serving nearly 1,000 clients both local and foreign clients. Some past and current long-term clients which the firm worked with such as: LG Electronics, Coastal Living Land Joint Stock Company, Wall Street English, Hochiki Asia Pacific Pte.Ltd, Asus Technology (Vietnam) Company Limited, AEON Mall Vietnam, Baskin Robbin, Citigym, Woori Bank Vietnam Limited, Central Group, CJ Gemadept Logistics Holdings Company Limited, K Group Company Limited, Digiworld Corp., Yellow Cab Pizza, Bamboo Capital Joint Stock Company, Sinobright Pharma Co. Limited, Mayekawa, Sky Music Jsc, Oxalis Holiday Company Limited, PGT Holdings, Vinacapital, Capitaland, Donghyup,...

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