During the legal consultation process, N.H Consulting Law Office (Can Tho) encountered some difficulties related to determining the applicable transitional law related to the incentive mechanism and obligations for investors in social housing construction when the Housing Law 2023 and Decree No. 100/2024/ND-CP come into effect, specifically:

Project type: Urban area project; type of developed housing: Commercial housing; project implementation location: Type II urban area/provincial city; time the project was granted investment policy: April 2016.

The project is in the case where the investor of the urban area construction investment project directly invests in the construction of social housing on the 20% land fund of that urban area project (new urban area project).

N.H Consulting Law Office asked, in case the investor of a new urban area project directly invests in the construction of social housing on a 20% land fund of that urban area project and the project has been approved by a competent authority for investment policy at the time Decree No. 100/2015/ND-CP, Decree No. 49/2021/ND-CP, Decree No. 35/2023/ND-CP takes effect and before the effective date of the Housing Law 2023, the implementation of the project's social housing obligations must comply with which document? The support and incentive mechanism for investors in the construction of social housing (in case the investor of an urban area construction investment project directly invests in the construction of social housing on a 20% land fund) is implemented according to which document?

The Ministry of Construction responded to this issue as follows:

The implementation of social housing obligations of investors in commercial housing projects and the incentive mechanism to support and provide incentives to investors in social housing construction are implemented according to the provisions of Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on the development and management of social housing; Decree No. 49/2021/ND-CP dated April 1, 2021 of the Government amending and supplementing a number of articles of Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on the development and management of social housing and Decree No. 35/2023/ND-CP dated June 20, 2023 of the Government amending and supplementing a number of articles of the Decrees under the state management of the Ministry of Construction.

On November 27, 2023, at the 6th session, the 15th National Assembly passed the Housing Law No. 27/2023/QH15 (effective from August 1, 2024).

On July 26, 2024, the Government issued Decree No. 100/2024/ND-CP detailing a number of articles of the Housing Law on the development and management of social housing (effective from August 1, 2024).

Accordingly, the 2023 Housing Law and Decree No. 100/2024/ND-CP have transitional provisions on support and incentives for investors in the construction of social housing (Article 198 of the 2023 Housing Law and Article 78 of Decree No. 100/2024/ND-CP).