Regulations on the Establishment and Operation of the National Housing Fund.
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The Decree consists of 7 chapters and 27 articles, outlining the establishment, legal status, operations, and financial management of the National Housing Fund (hereinafter referred to as the Fund). It also covers the receipt, management, and utilization of support and contributions from domestic and international organizations and individuals. Additionally, it addresses investment activities, the creation and management of rental housing, operational inspections, and the responsibilities of the Fund and relevant ministries, sectors, and localities.
Establishment of the National Housing Fund
The Decree specifies the establishment of the National Housing Fund as follows: The Government establishes the Central Housing Fund under the Ministry of Construction, with the Ministry of Construction overseeing its management.
The People’s Committees at the provincial level establish and manage the Local Housing Funds.
The financial management mechanism of the Fund is implemented in accordance with this Decree and the regulations governing public service units.
The People’s Committees at the provincial level decide on the establishment, reorganization, or assignment of existing financial funds under their management. These funds must operate in compliance with Resolution No. 201/2025/QH15 and this Decree, specifically:
a) Newly established Local Housing Funds are public service units, operating in accordance with this Decree and related laws;
b) In cases of reorganizing existing financial funds, the People’s Committees at the provincial level determine the operational model as either a public service unit or the current model of the fund. They also implement the goals and functions of the fund as specified in Article 5 of this Decree;
c) If the People’s Committees at the provincial level assign existing financial funds to fulfill the objectives of the Local Housing Fund, the fund continues to operate under its current model and supplements its goals and functions as outlined in Article 5 of this Decree;
d) Funds specified in points b and c are responsible for the operations of the Local Housing Fund. They must not use the fund’s operational capital for purposes other than its stated objectives and must maintain separate accounting and tracking of the fund’s operational capital.
The legal status, legal personality, organizational structure, financial and management regimes, asset usage, reporting systems, and accounting for Local Housing Funds that are not public service units continue to operate under their current models.
The National Housing Fund is a public service unit. It is established, organized, reorganized, operated, and dissolved in accordance with this Decree and relevant laws. The Fund has legal personality, its own seal, independent accounting, and chartered capital. It is authorized to open accounts at the State Treasury and commercial banks.
Objectives and Functions of the Fund
1. The Fund invests in the construction of social housing and integrated technical and social infrastructure projects for rental purposes.
2. It creates social housing by accepting and repurposing public housing assets in accordance with housing laws and related regulations for rental use.
3. It acquires housing and social housing through purchases from developers, orders, acceptance, and transfers from state-owned enterprises, acceptance of resettlement and temporary housing, and voluntary contributions from organizations and individuals for rental purposes.
4. It purchases commercial housing for rental to government officials, public servants, and workers.
5. It manages and operates housing constructed or acquired by the Fund for rental in accordance with regulations.
Duties and Powers of the Fund
1. Duties of the Fund
a) Perform tasks aligned with the Fund’s objectives;
b) Manage and utilize state budget allocations and other lawful sources as per this Decree and related regulations;
c) Efficiently and appropriately manage and use capital, land, and assets allocated by the state or acquired during the Fund’s operations;
d) Comply with reporting, financial management, accounting, auditing, and related regulations as specified in this Decree and relevant laws. The Fund is subject to inspections, audits, and financial oversight as required by law;
e) Adhere to revenue and expenditure regulations for public service units as prescribed by law.
2. Powers of the Fund
a) Organize activities, receive state budget allocations, other lawful capital, and assets; engage in joint ventures and partnerships as per this Decree, regulations for public service units, and related laws;
b) Collaborate with relevant agencies and units to implement Fund activities in line with its assigned functions and legal mandates;
c) Decline requests for information or resource usage if such requests violate legal provisions or the Fund’s operations.
Organizational Structure of the Fund
The Decree stipulates that the Fund’s organizational structure complies with public service unit regulations, including a Director, up to two Deputy Directors, a Chief Accountant, and no more than five departmental units handling administrative and specialized functions.
The Director and Deputy Directors of the Central Housing Fund are appointed and dismissed by the Minister of Construction. The Director and Deputy Directors of the Local Housing Funds are appointed and dismissed by the Chairpersons of the provincial People’s Committees.
The Director of the Fund serves as its legal representative and is fully accountable to the law, the Minister of Construction for the Central Housing Fund, and the Chairperson of the provincial People’s Committee for the Local Housing Fund.
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