1. Who can rent public housing?

Pursuant to the provisions of Clause 1, Article 32 Housing Law 2014 Regulations on subjects eligible to rent public housing include the following subjects:

(1) Leading officials of the Party and State are required to live in official residences while holding positions;

(2) Officials and civil servants belonging to agencies of the Party, State, and socio-political organizations not listed in (1) are mobilized or rotated to work at central agencies and hold positions from Deputy Minister level and equivalent or higher;

Being mobilized and rotated to work in the locality, holding positions from Chairman of the District People's Committee, Director of the Department and equivalent or higher;

(3) Cadres and civil servants belonging to agencies of the Party, the State, and socio-political organizations not listed in (2) are mobilized and rotated to work in remote and remote communes and regions. have particularly difficult socio-economic conditions, border areas, islands;

(4) Officers and professional soldiers of the people's armed forces are mobilized and rotated according to national defense and security requirements, except for those who are required by law to stay in the barracks of the armed forces. ;

(5) Teachers come to work in rural areas, remote communes, areas with extremely difficult socio-economic conditions, border areas, and islands;

(6) Doctors and medical staff working in rural areas, remote communes, areas with extremely difficult socio-economic conditions, border areas, and islands;

(7) Scientists are assigned to preside over particularly important national science and technology tasks according to the provisions of the Law on Science and Technology.

2. What are the procedures for selecting investors for public housing projects?

Pursuant to the provisions of Article 22 Decree 99/2015/ND-CP Regulations on the order and procedures for selecting investors for public housing construction projects are as follows:

- In case the investment project to build official housing is approved by the Prime Minister to be rented to subjects of central agencies (except for subjects specified in Point d, Clause 1, Article 32 of the 2014 Housing Law), then The Ministry of Construction proposes the unit to be the investor to report to the Prime Minister for decision.

Within a maximum period of 30 days from the date of receipt of the Ministry of Construction's Proposal, the Prime Minister shall issue a written decision to select the investor or authorize the Ministry of Construction to select the project investor. judgment.

- In case the investment project to build official housing is approved by the Ministry of National Defense and the Ministry of Public Security to be rented to the subjects specified in Point d, Clause 1, Article 32 of the 2014 Housing Law, the Ministry of National Defense and the Ministry of Public Security shall Decide on investor selection.

Within 30 days from the date of receiving the application to register as an investor, the Minister of National Defense or the Minister of Public Security shall issue a written decision to select the investor.

- In case the investment project to build public housing is approved by the Provincial People's Committee, the investor will be selected according to the following regulations:

+ The Department of Construction reports to the Provincial People's Committee to decide on investor selection or authorizes the District People's Committee to decide on investor selection if the Provincial People's Committee authorizes the Committee. District-level People's Committee approves the project;

+ Within a maximum period of 30 days from the date of receiving the Proposal from the Department of Construction, the Provincial People's Committee must issue a written decision to select the investor or authorize the District People's Committee to decide. make decisions on investor selection; Within a maximum period of 30 days from the date of receiving the authorization document from the Provincial People's Committee, the District People's Committee must issue a written decision to select the investor for the public housing construction project. service.

- The investor of a public housing construction project specified in Clause 1, Clause 2 and Clause 3, Article 22 of Decree 99/2015/ND-CP can be an organization, state agency or real estate business enterprise. movables.

- The Ministry of Construction provides specific guidance on documents and procedures for selecting real estate businesses to register as investors in public housing construction projects.

3. Form of selecting investors for public housing construction projects

Pursuant to the provisions of Clause 2, Article 11 Circular 19/2016/TT-BXD regulations: The selection of real estate enterprises specified in Clause 1 of this Article as investors of public housing projects is carried out in accordance with the provisions of law on investment in the form of public-private partnerships and relevant laws.

The selection of a real estate business as an investor in an official housing construction project is stipulated in Article 10.Decree 25/2020/ND-CP, As follows:

Apply international open bidding:

International open bidding is applied to projects that fully meet the following conditions:

- Have a preliminary total cost of project implementation (excluding compensation, support, resettlement costs, land use fees, land rent) of 800,000,000,000 (eight hundred billion) VND or more;

- There are two or more investors that meet the preliminary requirements for capacity and experience according to regulations, including at least one foreign investor;

- Does not fall into one of the following two cases:

+ Investment projects that Vietnamese law or international treaties to which the Socialist Republic of Vietnam is a member have regulations restricting foreign investors from participating in the implementation

+ Projects with requirements for ensuring national defense and security are decided by the Prime Minister at the request of a competent state agency and the consensus of the Ministry of National Defense on requirements to ensure national defense; unanimous opinion of the Ministry of Public Security on security assurance requirements.

Apply the form of open domestic bidding

The form of open domestic bidding is applied in the following cases:

- Investment projects that Vietnamese law or international treaties to which the Socialist Republic of Vietnam is a member have regulations restricting foreign investors from participating in the implementation;

- Projects with two or more investors that meet preliminary requirements for capacity and experience, in which no foreign investors register to implement the project or meet preliminary requirements for capacity. power, experience;

- Projects with requirements for ensuring national defense and security are decided by the Prime Minister at the request of a competent state agency and the consensus of the Ministry of National Defense on requirements to ensure national defense; unanimous opinion of the Ministry of Public Security on security assurance requirements.

Apply the form of direct contractor appointment

The form of direct contracting is applied in cases where only one investor has the ability to perform due to issues related to intellectual property, trade secrets, technology or capital arrangements.