The Vietnam Confederation of Commerce and Industry (VCCI) has some initial comments on the Draft Decree on social housing development and management (hereinafter referred to as the Draft).
Order and procedures for appraisal of selling price and rental price of social housing
According to VCCI, Point b, Clause 2, Article 32 of the Draft stipulates that the investor's profile requesting price appraisal must include "Legal documents of the project (including: approval of investment policy; Decision on land allocation". ; planning approval 1/500; Construction permit and other related documents)".
Requiring investors to provide these documents is unreasonable, because state management agencies already have them. To facilitate administrative procedures, VCCI requested the Drafting Committee to remove the requirement to have them. these documents, which means removing point b, clause 2, Article 32 of the Draft.
Regarding the appraisal process, according to the provisions of Point d, Clause 3, Article 32 of the Draft, within 60 days from the date of the appraisal deadline, the specialized agency of the Provincial People's Committee must issue a written notification of the results. expertise. “When there is a written notice of appraisal results and the appraisal price is higher than the price contracted by the investor, the investor is not allowed to collect more; In lower cases, the investor must re-sign the contract or make additional adjustments to the contract appendix and must refund the difference to the home buyer or rent-purchaser.
This regulation needs to be reviewed because it causes unreasonable disadvantages for investors. The investor has carried out appraisal procedures, but the competent state agency, within the prescribed time limit, does not issue an appraisal document, the investor has the right to sign a contract for purchase and sale or lease purchase of housing. social with customers according to the price plan submitted for appraisal or the proposed price in the bidding documents (point c, clause 3, Article 32).
Thus, it is legal for the investor to sign a contract with the home buyer with the price plan submitted for appraisal or the proposed price in the bid documents. The fact that the Draft requires investors to adjust the selling price in case it is lower than the price appraisal results of state management agencies is unfounded, while the late issuance of price appraisal documents is the fault of the State management agency. state agencies.
On the other hand, in terms of fairness, using the same document notifying the results of the state agency's price appraisal is the basis for considering the selling price and rental purchase price, but in cases where the investor sells at a lower price, is not adjusted, while the higher selling price must be adjusted, which does not ensure fairness for all parties in the transaction. Requesting to re-sign the contract and refund the difference to the home buyer or lease-purchaser will affect the implementation of the contract for the investor and the customer.
To ensure reasonableness and increase accountability from the state valuation agency, the Drafting Committee is requested to remove the provisions in Point d, Clause 3, Article 32 of the Draft.
In addition, Clause 4, Article 32 of the Draft stipulates that "in case the investor uses the winning bid price, he or she does not have to re-evaluate the selling price or rental price of the house". This regulation is unclear on the point that, in case of using the winning bid price, the investor must carry out procedures to notify the selling price and rental price of social housing to the state management agency before implementation. Have you signed a contract yet?
VCCI requested the Drafting Committee to clearly stipulate this issue to ensure convenience during the implementation process.
Order and procedures for selling social housing invested and built according to projects and not using public investment capital or trade union financial resources
Point b, Clause 1, Article 35 of the Draft stipulates that, before carrying out the sale, the investor of a social housing construction investment project is responsible for reporting in writing the total number of apartments to be sold and the start date. sale so that the Department of Construction knows and inspects.
According to the provisions of Point c, Clause 3, Article 88 of the Housing Law 2023, before selling, leasing, purchasing or leasing social housing formed in the future, notification procedures must be carried out with the provincial state management agency. about housing being eligible for sale or lease-purchase.
The above regulations in the Draft are unclear, the reporting procedures are specified in Point b, Clause 1, Article 35 of the Draft and the notification procedures for housing eligible for sale or lease purchase are specified in the 2023 Housing Law. Is there a connection? If these are two independent procedures, we recommend reconsidering, because the investor must carry out too many administrative procedures during the process. On the other hand, this regulation is unclear about what issues the Department of Construction will check?
To ensure clarity and procedural convenience, VCCI requested the Drafting Committee to clearly stipulate the above issues and consider integrating procedures to reduce administrative procedures for businesses.
Paragraph 3, Clause 2, Article 35 of the Draft stipulates that, in case the project involves people with meritorious services to the revolution or people with disabilities, they will be given priority to buy, rent-purchase, or rent houses without having to draw lots with "rates". certain rules". It is unclear in this regulation which entity decides this rate? Based on what criteria? VCCI requested the Drafting Committee to clearly stipulate this issue.
Insight
