One of the notable new points of Decree 261/2025/ND-CP is the regulation that the amount of money that investors must pay is equivalent to the value of the land fund invested in building the technical infrastructure system that must be reserved for building social housing.
Previously, Decree No. 100/2024/ND-CP did not specifically stipulate how to calculate the replacement money for 20% of project land fund for social housing; the determination is often made after the completion of technical infrastructure, leading to different understandings and applications between localities, causing difficulties in calculation and collection.
Reduce social housing loan interest rates to 5.4%/year
Specifically, Decree No. 261/2025/ND-CP amends and supplements Clause 2, Clause 3, Clause 4 and adds Clause 2a after Clause 2, Article 19 of Decree No. 100/2024/ND-CP regulating the case of paying money equivalent to the value of land fund invested in building technical infrastructure systems to build social housing.
According to the new regulations, the amount that the investor must pay is equivalent to the value of the residential land fund invested in building the technical infrastructure system that must be reserved for building social housing, including: Land use fee of 20% of the residential land area of the project determined according to the provisions of the law on land; The amount equivalent to the investment cost of building the technical infrastructure system is determined by the ratio of 20% of the residential land area to the total land area of the project multiplied by the total investment cost of building the technical infrastructure system of the project calculated according to the investment capital rate for building the technical infrastructure announced by the Minister of Construction at the time of calculating the land use fee according to the provisions of Point a of this Clause, excluding the cost of leveling and land reclamation in case the project has a sea reclamation item.
Decree 261/2025/ND-CP supplements the regulation that in case the investor is late in paying money according to the above provisions, he/she must pay late payment interest (or an amount equivalent to late payment interest) for the amount prescribed above according to the provisions of the law on tax administration.
The amount of money paid by the investor according to the above regulations must be paid into the local budget and managed and used according to the provisions of the law on the state budget and the law on the National Housing Fund.
In case the investor of a commercial housing construction investment project has paid money equivalent to the value of the social housing land fund and invested in the technical infrastructure system according to the above regulations, the obligation regarding social housing has been completed.
At the same time, Decree No. 261/2025/ND-CP also amends and supplements Clause 1 and Clause 2, Article 30 of Decree No. 100/2024/ND-CP stipulating the income conditions to enjoy social housing support policies as follows:
For the subjects specified in Clauses 5, 6 and 8, Article 76 of the Housing Law, the following income conditions must be met: In case the applicant is unmarried or confirmed to be single, the average monthly income received must not exceed 20 million VND calculated according to the Wage and Salary Table confirmed by the agency, unit or enterprise where the applicant works. In case the applicant is unmarried or confirmed to be single and raising a child under the age of majority, the average monthly income received must not exceed 30 million VND calculated according to the Wage and Salary Table confirmed by the agency, unit or enterprise where the applicant works.
In case the applicant is married according to the provisions of law, the applicant and his/her spouse must have a total average monthly income of no more than 40 million VND calculated according to the Wage and Salary Table confirmed by the agency, unit or enterprise where the applicant works. The time to determine the income condition as prescribed in Point a and Point b above is within 12 consecutive months, calculated from the time the competent authority makes the confirmation.
Based on the conditions and income levels of each area in the locality, preferential housing policies for cadres, civil servants, public employees, and the number of dependents according to the provisions of law, the Provincial People's Committee is allowed to decide on the coefficient of income adjustment specified in Point a and Point b above, but not exceeding the ratio between the average income per capita in the locality and the average income per capita of the whole country; decide on policies to encourage access to social housing for beneficiaries of social housing support policies with 3 or more dependents in the same household.
In case the subject specified in Clause 5, Article 76 of the Housing Law does not have a Labor Contract, he/she must ensure the income conditions as prescribed in Clause 1 and be confirmed by the police agency at the commune level where he/she is permanently or temporarily residing or where he/she is currently residing.
Within 07 days from the date of receipt of the request for confirmation, the commune-level police agency of the permanent or temporary residence or the place of residence at the time of the request for confirmation shall, based on information from the population database, confirm the income condition.
Thus, according to the new regulations, low-income people in urban areas, cadres, civil servants, public employees, unmarried or single workers with an average income of no more than 20 million VND/month are allowed to buy social housing.
In case of raising children under 18 years old, the maximum income is raised to 30 million VND/month. For married people, the total income of the couple does not exceed 40 million VND/month.
In addition, the Provincial People's Committee is allowed to adjust the income coefficient in accordance with local realities and issue incentive policies for households with three or more dependents.
Previously, the old regulations only allowed single people with an income of no more than 15 million VND/month, and married couples with an income of no more than 30 million VND/month to buy social housing. Therefore, raising the income level to buy social housing is consistent with price fluctuations and living costs, expanding access opportunities for civil servants, public employees, workers, and low-income people in urban areas.
In addition, the Decree also clearly states that the current interest rate for social housing loans under Decree No. 100/2024/ND-CP is 6.6%/year (equal to the lending interest rate for poor households prescribed by the Prime Minister from time to time). This interest rate is currently higher than the lending interest rate applied to subjects under other programs. Therefore, Decree No. 261/2025/ND-CP has amended and supplemented Clause 4, Article 48 of Decree No. 100/2024/ND-CP in the direction of reducing lending interest rates as follows: Lending interest rate is 5.4%/year. Overdue debt interest rate is 130% of lending interest rate. In case it is necessary to change the lending interest rate, the Vietnam Bank for Social Policies shall preside over and coordinate with the Ministry of Construction and relevant agencies to submit to the Prime Minister for consideration and decision.
At the same time, Decree No. 261/2025/ND-CP also amends and supplements Point b, Clause 2, Article 67 of Decree No. 100/2024/ND-CP on income conditions for purchasing or leasing houses for the People's Armed Forces in cases where the applicant is married according to the provisions of law. Accordingly, the spouse of the applicant who is not subject to the provisions of Clause 7, Article 76 of the Housing Law must have a total monthly income not exceeding 1.5 times the total income of an officer with the rank of Colonel (including basic salary and allowances as prescribed) confirmed by the agency, unit or enterprise where the applicant works. In case the applicant's spouse is subject to the provisions of Clause 5, Article 76 of the Housing Law and there is no Labor Contract, the confirmation of income conditions shall be carried out according to the provisions of Clause 2, Article 30 of Decree 100/2024/ND-CP./.
Source: https://www.tayninh.gov.vn/thong-tin-tuyen-truyen/nguoi-doc-than-co-thu-nhap-binh-quan-khong-qua-20-trieu-dong-thang-duoc-mua-nha-o-xa-hoi-1025673
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