DRAFT RESOLUTION SPECIFICING THE RATE OF EXTRACT OF MONEY INTO THE LOCAL HOUSING FUND IN HAI PHONG CITY

In the legal basis section, the paragraph citing the Government's Decrees is too long, combining many Decrees in one sentence, making it difficult to follow. It is recommended to separate each bullet point or paragraph separately for clarity and easier reading.

It is proposed to add the phrase "under the management of Hai Phong city" to clarify the scope of application of the Resolution, avoiding understanding it according to the general scope of the whole country.

In Clause 1, Article 1, the draft Resolution sent to agencies and units for comments: The Department of Finance has drafted the following:

“Article 1. Scope of regulation, subjects of application

1. Adjustment range

This resolution regulates the rate of deduction of money to the local housing fund in Hai Phong city for the following cases:..."

Thus, the draft Resolution has clearly determined the ratio of money to be deducted into the local Housing Fund in Hai Phong city from revenue sources (an amount equivalent to the value of the land fund invested in building a technical infrastructure system to build social housing by the investor of the investment project to build commercial housing, urban areas to fulfill social housing obligations according to the provisions of the law on housing, the amount of money from selling housing under public property managed by the locality after deducting Reasonable costs according to the provisions of housing law and Capital is extracted from the land use rights auction amount as prescribed in Point b, Clause 4, Article 12 of Resolution No. 201/2025/QH15). The above content has determined the scope of application in Hai Phong city.

The Draft Resolution only states the regulatory contents as a basis for relevant agencies and units to apply and implement. The assessment content and reasons for proposing the deduction rate for revenue from the sale of public housing after deducting relevant costs have been analyzed by the Department of Finance in Clause 3.2 of the draft Proposal.

Refer to “point b, point c and point d, Clause 2, Article 8 of Decree No. 302/2025/ND-CP…”. It is recommended to write specific content so that readers can easily follow and limit the need to look up many documents.

The cases where the amount of money collected according to the provisions of Points b, c and d, Clause 2, Article 8 of Decree No. 302/2025/ND-CP has been determined in Clause 1, Article 1 of the draft Resolution. The Department of Finance received and revised the provisions in Article 3 of the draft Resolution.

– Proposal to amend "Housing Law No. 27/2023/QH15; Law No. 43/2024/QH15 amending and supplementing a number of articles of Land Law No. 31/2024/QH15, Housing Law No. 27/2023/QH15, Real Estate Business Law No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15" to "Housing Law No. 27/2023/QH15 amended and supplemented by Law No. 43/2024/QH15" for accuracy.

– It is recommended to review and remove grounds for promulgation that are not directly related to the draft content; At the same time, after each basis, a new line must be followed in accordance with the provisions in Clause 1, Part III, Section 1, Appendix I attached to Decree No. 187/2025/ND-CP.

Recommended to amend “Department of Legal Document Inspection (Ministry of Justice) to “Department of Document Inspection and Law Enforcement Organization – Ministry of Justice”; add the receiving place “Department of Justice” (separate) to be consistent with the provisions in Point b, Clause 8, Part II, Section 1, Appendix 1 together with Decree No. 187/2025/ND-CP.

Please present the Resolution according to form No. 17, Appendix III attached to Decree No. 187/2025/ND-CP; Accordingly: it is proposed to arrange the clauses (draft Article 1) into points in accordance with the provisions in Clause 2, Part III, Section 1, Appendix 1 attached to Decree No. 187/2025/ND-CP; Accordingly: "the points in each clause use Vietnamese letters in Vietnamese alphabetical order, after the letter there is a parenthesis, presented in lowercase letters, font size 13-14, vertical font"; present clause titles in vertical font...

In Article 3, the draft Resolution uses the phrase “paid into the city budget but not yet used”. This content is basically suitable in the sense of transitional processing, however the phrase "unused" can also be understood in many different cases in the budget management and administration process such as: unallocated, undisbursed or unused balance. Therefore, the drafting agency is requested to clarify the scope of application to ensure consistency in the implementation process.

According to the provisions of Article 26 of Decree No. 302/2025/ND-CP dated November 19, 2025 of the Government:

“In case the amount of money collected as prescribed in point b, point c and point d, Clause 2, Article 8 of this Decree, has been paid into the local budget but has not been used before the effective date of this Decree, the Provincial People's Committee shall submit to the People's Council at the same level to decide the rate of deduction of the amount paid to the local Housing Fund.”

In the draft Resolution, the Department of Finance has drafted a Resolution according to the content specified in the Decree. The content specified in the draft Resolution is guaranteed not to exceed the provisions of the Government Decree.

After the Resolution of the City People's Council is passed, based on the assigned tasks, the Department of Finance and other agencies and units will have documents implementing specific instructions for implementing the Resolution.

The Draft Resolution only states the regulatory contents as a basis for relevant agencies and units to apply and implement. The assessment content and reasons for proposing the deduction rate for revenue from the sale of public housing after deducting relevant costs have been analyzed by the Department of Finance in Clause 3.2 of the draft Proposal.

The draft has relatively fully cited the relevant legal bases. However, it is necessary to review and edit the correct way of recording the number of symbols in the document. In section IV.3.1 page 10 and many pages, it is written "Decree No. 302/2025/NQ-CP", it is proposed to change it to "ND-CP"; Some reference paragraphs are too long, repeating many times the content of Decree No. 302/2025/ND-CP, it is recommended to consider making adjustments to ensure the basic nature of the Proposal.

In the content of the draft Proposal:

– The Department of Finance has stated the objectives, functions, and operating principles of the Local Housing Fund according to the provisions of Decree No. 302/2025/ND-CP of the Government: The Local Housing Fund is established and operates for non-profit purposes; The Fund's objectives and activities are to invest in the construction of social housing, invest in the construction of technical infrastructure, and social infrastructure of social housing investment projects; creating housing for rent, housing for officials, civil servants, public employees, and workers; Creating housing and social housing for resettlement and temporary residence.

– Regarding the plan to add operational functions to the City Development Investment Fund: The Department of Construction has submitted to the City People's Committee and the City People's Council for approval. Assembly through investor purchase; ordering, receiving, and transferring housing and social housing of enterprises with 100% charter capital held by the State; receiving housing for resettlement and temporary residence; Receive and transfer houses and social houses of organizations and individuals that voluntarily contribute for rent.”

– Principles for building the ratio of money to be allocated to the local Housing Fund in the city based on the balance between revenues from 03 revenue sources and expected expenditures to perform tasks according to the provisions of Clause 3, Article 5 of Decree No. 302/2025/ND-CP. According to Documents of the Department of Construction, the need to implement the Fund's tasks is 4,256 billion VND, the expected revenue is 18,863.2 billion VND (period 2026-2030). Thus, the proposed rate of deduction of 20% from revenue sources (an amount equivalent to the value of the land fund invested in building a technical infrastructure system to build social housing by the investor of the investment project to build commercial housing, urban areas to fulfill social housing obligations according to the provisions of the law on housing, the amount of land use rights auction according to the provisions of Article 1.Point b Clause 4 Article 12 of Resolution No. 201/2025/QH15) relatively meets the needs of implementing the Fund's tasks for the period 2026-2030 (as proposed by the Department of Construction) and saves budget resources for the city to invest in developing other general socio-economic infrastructure.

During the actual implementation process, in case the source of land use fees fluctuates (increase or decrease), the Department of Finance will evaluate the situation to propose a balance of deduction rates to ensure the suitability of capital needs to serve the purpose of social housing investment in the city.

The data evaluates the need to issue a Resolution based on the Plans and Decisions of the City People's Committee and the Resolution of the City People's Council on the City's Housing Development Program, period 2021-2030. The housing development target for the 2021-2030 period is determined to be 72,812 units, more than the need of about 64,600 units in Plan No. 284/KH-UBND dated October 29, 2025 of the City People's Committee to meet the need for social housing in the 2026-2030 period and prepare space for the period 2026-2030. 2031-2040.

In the content of the draft Proposal:

The principle of building the ratio of money to be allocated to the local Housing Fund in the city is based on the balance between revenues from 03 revenue sources and expected expenditures to perform tasks according to the provisions of Clause 3, Article 5 of Decree No. 302/2025/ND-CP. According to Documents of the Department of Construction, the need to implement the Fund's tasks is 4,256 billion VND, the expected revenue is 18,863.2 billion VND (period 2026-2030).

Based on the need for capital to perform the tasks and expected revenues from 02 sources (an amount equivalent to the value of the land fund invested in building a technical infrastructure system to build social housing by the investor of the investment project to build commercial housing, urban areas to fulfill social housing obligations according to the provisions of the law on housing, Amount of auction of land use rights as prescribed in Point b, Clause 4, Article 12 of Resolution No. 201/2025/QH15) with a deduction rate of 20% has relatively met the needs of implementing the Fund's tasks in the period 2026-2030 (as proposed by the Department of Construction).

– Proposed deduction rate of 0% for revenue from the sale of housing under public property managed by the locality after deducting reasonable expenses according to the provisions of housing law: Through assessment, revenues from 02 sources (an amount equivalent to the value of the land fund invested in building a technical infrastructure system to build social housing by the investor of the investment project to build commercial housing, urban area to fulfill social housing obligations according to regulations of the law on housing, the amount of land use rights auction as prescribed in Point b, Clause 4, Article 12 of Resolution No. 201/2025/QH15) has relatively met the capital needs to carry out the Fund's tasks. At the same time, it is expected that the revenue from the sale of houses belonging to locally managed public assets is 72.5 billion VND in the period 2026-2030 (accounting for about 0.38% of the total budget revenue for the 03 sources mentioned above) accordingly, the Department of Finance proposes a deduction rate of 0%.

This content is not within the scope of the Resolution. After the Resolution is issued, the City People's Committee will assign specific tasks to the agency in charge of guiding the implementation of the Resolution, clarifying the responsibilities of each agency and unit.

According to draft Article 5: "This Resolution takes effect from date... month... 2026 to June 1, 2030". Thus, the effect stated in the draft Resolution and Proposal is not consistent.

On the other hand, according to the provisions of Clause 1, Article 53 of the Law on Promulgation of Legal Documents No. 64/2025/QH15 amended and supplemented by Law No. 87/2025/QH15, "no earlier than 10 days from the date of approval or signing of promulgation for legal documents of local governments". And according to Decision No. 27/QD-TTHDND dated May 20, 2026, this Resolution is expected to be approved at the regular meeting in mid-2026 and implemented according to normal order and procedures. Therefore, it is recommended to make appropriate adjustments.

Content of reference to “Decree No. 302/2025/NQ-CP of the Government”. It is recommended to review and correct the technical errors cited as “Decree No. 302/2025/ND-CP of the Government” to ensure the accuracy of document type names.

In the content of the draft Proposal: Through evaluation, with the rate of deduction of 20% from revenues from 02 sources (an amount equivalent to the value of the land fund invested in building a technical infrastructure system to build social housing by the investor of the investment project to build commercial housing, urban areas to fulfill social housing obligations according to the provisions of the law on housing, the amount of land use rights auction according to the provisions of Point b, Clause 4, Article 12 of the Resolution No. 201/2025/QH15) has relatively met the capital needs to carry out the tasks of the Local Housing Fund in the city.

In addition, the Fund's operating capital is formed from the state budget (charter capital is allocated and supplemented from development expenditures of the local budget, additional capital from the legally retained difference in revenue and expenditure); capital formed from receiving voluntary support and contributions from domestic and foreign organizations and individuals; other legal sources of mobilization. In the process of performing assigned tasks, if there is a shortage of operating capital, the local Housing Fund will be considered for additional funding from the development investment expenditure of the city budget or capital sources according to the above regulations.

b) To fully implement the provisions of Clause 5, Article 2 of Decree No. 78/2025/ND-CP and make public and transparent the contents of the organization of consultation, the Department of Finance is requested to post a summary of opinions, receive and explain comments and suggestions on the electronic portal of their agency within the prescribed time limit.

In the Document, the Department of Construction stated: The deduction rate of 20% for the two main sources of revenue and 0% for revenue from selling houses belonging to public assets was proposed by the Department of Finance based on the ability to balance the expected expenditure of 4,256 billion VND. This capital source is used to create housing to serve the relocation of residents. Currently, under the direction of the General Secretary, the President and the Prime Minister, Hai Phong city is developing rental housing to simultaneously meet the needs of other groups, such as: workers and laborers in industrial parks and economic zones; armed forces,…

Therefore, in case the actual revenue during the implementation phase does not reach 18,863.2 billion VND, resulting in the amount set aside at the rate of 20% not being enough to meet the capital needs of 4,256 billion VND, the Department of Finance is requested to preside and proactively advise the City People's Committee on plans to arrange and compensate from the development investment expenditure of the city budget or other legal capital sources to ensure the continuity of the fund creation progress. social housing, rental housing and relocation and resettlement plans of the Central Government and the city.

Regarding the content of the draft Resolution, the Department of Construction has agreed. In case the actual revenue source during the implementation phase does not reach the expected revenue level and the sources of capital formation of the local Housing Fund are not enough to meet the capital need of 4,256 billion VND, the Department of Finance will advise the City People's Committee on plans to arrange and compensate from the development investment expenditure source of the city budget.