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Investments - Projects Sunday, 12/15/2013, 07:15

Policies on land

* Land allocation, lease

1. For cleared land (land clearance completion), land allocation, lease out of industrial zones, complexes are implemented as follows:

a. Land allocation with collection of land use fees, land lease through auction form of land use rights applied under clause 1, Article 61, Decree 181/2004/ND-CP. Successful auction price of land use right is not less than land price promulgated annually by the provincial People’s Committee.

b. Land allocation with collection of land use fees, land lease not through auction form is implemented in the following cases:

- Land allocation, land lease under Clause 2, Article 61, Decree 181/2004/ND-CP dated 29/10/2004 of the Government; Clause 5, Article 2, Decree 17/2006/ND-CD dated 27/01/2006 of the Government.

- In the case land to be auctioned but there is no participant or auction at least twice but unsuccessful or in the case one investor prepares project for allocation or lease of specific land area for implementation of investment project suitable with their planning, the provincial People’s Committee shall consider land allocation, land lease for the investor ; unit price of land allocation, land lease for the investor; unit price of land allocation, land lease is one under Decision on promulgating annual land price frame of the provincial People’s Committee. In the case at the time of land allocation, land lease but land price is not close to actual transfer price of land use rights in the market in normal conditions, then the provincial People’s Committee based on actual transfer price of land use rights in the market to re-determine specific land price accordingly.

In typical case, a project has two, or many investors who register at the same time the project, then the provincial People’s  Committee shall consider decision on investor selection with qualified experience, capacity to permit investment and land allocation or land lease.

2. For non-cleared land:

a. The provincial People’s Committee shall introduce location and notify land withdrawal, permit survey for project preparation, plan preparation of resettlement support, compensation; investment project preparation, request land allocation, land lease, decided by authorized State agency on land allocation, land lease, to issue certificate of land use rights as provinded in the law on Land 2003.

b. For some important projects, containing motivation for socio-economic development of the province, the provincial People’s Committee shall introduce locations, investors for investment project preparation. After the project is approved, but incomplete procedures, from time to time the provincial People’s Committee shall decide land allocation, land lease, after that investors must submit full procedures to functional agencies.

-In addition to land allocation, land lease for implementation of investment project as provided in these sections 1 and 2, investors are also entitled rights and implement other obligations in accordance with regulation of the Law on Land

-Time for completion of procedures of land allocation, land lease under the one-door model is 20 working days.

3. For land for socialization implementation: Investors have options of land allocation with collection of land use fees or land lease, counted on the whole land area of land allocation, land lease for implementation of projects, application in the period of land allocation, land lease in accordance with regulation of the law on land.

* Land se period; unit price of land lease and unit price determining method

1. Period of land use of investment project upon the Application for investment doesn’t exceed 50 years; projects with large capital and delayed withdrawal invest in areas with typical difficult socio-economic conditions but should have longer period, then period of land allocation, land lease doesn’t exceed 70 (seventy) years.

When expiration of land use period, if investors duly comply the law on land and have demands on continuation of land use, they shall be considered by competent State agencies to extend land use suitable with approved land use plan.

2. Unit price of land lease is calculated as follows:

a. Unit price of land lease for one year is calculated by 0.5% to 2% land price under leased land use purpose decided by the provincial People’s Committee;

b. Land in region with difficult socio-economic conditions, the provincial People’s Committee shall decide lower unit price of land lease than provided unit price of land lease, but the lowest price level of land lease by 0.25% land price under the purpose of leased land decided by the provincial People’s Committee.

3. For unit price of land lease, the provincial People’s Committee shall select the lowest price level in the price frame as provided by the State for each land type for calculation of unit price of land lease.

a. Determining method of unit price of land lease for implementing investment projects calculated by percentage rate (%) compared with various land price table annually announced by the provincial People’s Committee as follows:

In which:

- Incentive unit price rate 1 : applied for investment projects in areas in the province with difficult socio-economic conditions or investment projects in investment incentive;

-Incentive unit price rate 2: applied to investment projects in areas in the province with typical difficult socio-economic conditions or investment projects in typical investment incentive;

- Standard unit price: applied of land lease for other remaining investment projects.

b. Other contents not mentioned in this Regulation shall be implemented as stated at Dectee No.142/2005/ND-CP dated 14/11/2005 of the Government on land rental, water surface rental, Decree No.121/2010/ND-CP amending, supplementing some articles of Decree No. 142/2005/ND-CP dated 14/11/2005/ND-CP of the government and guiding the implementation at Circular No.142/2005/ND-CP dated 14/11/2005 of the Government and guiding the implementation at Circular No. 120/2005/TT-BTC dated 30/12/2005 and Circular No. 141/2007/TT- BTC dated 30/12/2005 and Circular No.141/2007/TT-BTC dated 30/11/2007 of the Ministry of Finance;

c. Unit price of land lease of each project is stable of 05 years; adjusting unit price of land lease is applied as stated Article 8, Decree No. 142/2005/ND-CP of the Government on land rental, water surface rental, Decree No.121/2010/ND-CP amending, supplementing some articles of Decree No. 142/2005/ND-CP dated 14/11/2005 of the Government.

4. Land rental for down payment case for the the whole lease period: organizations, individuals with land lease rental once for the whole lease period, then land rental amounts to be paid once to be used land in this case are calcutated equally with land use amounts to be paid as same as land allocation with collection of land use fees with the same land use purpose and the same land use period (implemented object under clause 2, Article 35, Law on land 2003)

No

Land lease investment project at areas in the province

Standard unit price rate

Incentive unit price rate 1

Incentive unit price 2

1

Wards under Bac Lieu city

1.00%

0.70%

0.50%

2

Communes under Bac Lieu city; towns and clue traffic adjacent to National road 1A

0.70%

0.49%

0.35%

3

Phuoc Long and Ganh Hao townships

0.50%

0.35%

0.25%

4

Ngan Dua township and other remaining areas

0.25%

0.25%

0.25%

* Exemption of land use fees, land rentel, water surface lease rental

1. The State exempts land use fees or land rental when allocating land, leasing land for social housing development projects.

2. Bases for implementing socialization implementation allocated or leased or leased by the State with completely cleared land to construct socialization works in forms:

a. Land allocation without land use fees collection;

b. Land lease and exemption of land rental;

c. Land allocation with collection of land use fees and exempted use fees.

( The provincial People’s Committee shall promulgate specific regulations to implement Decree 69/2008/ND-CP in socialization field)

3. Fresh water supply for rural area:

a. Projects, works for fresh water supply for rural area community allocated by the State with land with collection of land use fees and exempted land use fees, or land leased by the State and exempted land use fees;

b. Land allocated, leased by the State is be not calculated value of land use rights into assets value of investment project and not transferred, assigned, given, leased land use rights; not mortgaged, guaranteed by land use rights for loan; not contributed by land use rights for production, business cooperation.

c. Using allocated or leased land must comply with the purpose and regulations of the law on land; in the case using land with incorrect, ineffective purpose, the State shall withdraw.

4. Organizations, individuals invest in contruction of cemeteries; they shall be allocated land by the State for construction of long term cemeteries without collection of land use fees.

5. Typical preferential, supported use land area for construction of environment protection works such as:

a. Construction of concentrated domestic solid waste treatment establishments;

b. Construction of concentrated domestic waste water treatment establishment;

c. Construction of waste treatment establishments;

d. Construction of environment protection patens production, application establishments

e. Construction of centers, rescue, response stations, environment problem overcoming stations, post-war environment consequence overcoming establishments;

f. Construction of incinerators, body burning establishment

6. Investment projects under typical incentive investment invest in typical difficult socio-economic areas

7. Projects using land for construction of building for workers of industrial zones under projects approved by authorized levels including house selling price or lease price in structure of house selling price or lease price there are costs on land rental; projects using land for construction of hostels by money from the State budget, assigned unit in charge of use management of student’s residence shall only calculate fees enough to cover services, power, water, management costs and other relevant costs, must not calculate costs of land rental and house value depreciation; projects using land for construction of public works with business purpose (socialization) under educational, medical, cultural, sport, physical education, science- technology fields.

8. During construction under the projects approved by authorized levels; in the case projects have many work items or independent construction stages, then they shall be exempted land rental upon each item or such independent construction stage; in the case unable to separately calculate each item or independent construction stage, then construction period is calculated under work item with largest capital density.

9. From completed date of construction and the project is put into operation, namely:

a. Three (3) years for projects under incentive investment portfolio; at new production and business establishments of economic institutions implementing removal under planning, removal due to environment pollution.

b. Seven (7) years for investment projects in ares with difficult socio-economic conditions.

 c. Eleven (11) years for investment projects in areas with typical difficul socio-economic conditions; investment projects under typical incentive investment portfolio in area with difficult socio-economic conditions

d. Fifteen (15) years for projects under incentive investment porfolio to be invested in areas with typical difficult socio-economic condition; projects under typical incentive investment portfolio in area with difficult socio-economic conditions

10. Projects is using allocated land when change in land lease, if such projects under objects exempted land rental, water surface lease as staded in Clause 6, 7, 8 of this Section, shall be exempted land rental of remaining time of the land rental exemption period.

11. Projects which meet difficulties resulting in suspension of construction, operation, shall be exempted land rental, water surface rental during suspension of capital construction, operation upon confirmation of issuing agency of investment certificate or business registration.

12. Projects contruct head offices of diplomatic representative agencies, foreign consular agencies and representative agencies of international organizations in Vietnam under internationl treaties in which Vietnam is a member or in mutual benefit principles.

13. Other cases decided by the Prime Minister at requests of Ministers, heads of ministerial-level agencies, agencies attached to the Government, Chairmen of People’s Committee of provinces, central cities.

*  Reduction of land rental, water surface lease rental

Reduction of land rental, water surface lease rental in the following case:

1. Land lease for use production and business plan for cooperative is reduced 50% land rental.

2. Land lease, water surface lease for use in agricultural, forest production, aquaculture, salt production but damaged by natural calamity, fire less than 40% output shall be considered to reduce respective land rental; damaged from 40% and above, shall be exempted rental for damaged year.

3. Land lease, water surface lease for use in production, business purpose but  not that agricultural, forest production, aquaculture, salt production, when influenced by the natural calamity, fire, force majeure, shall be reduced 50% land rental, water surface during production and business suspension.

4. Leased land under projects for construction  of head offices of diplomatic representive agencies, foreign consular agencies and  representive agencies of international organizations in Vietnam is a member or in mutual benefit principles.

5. Other cases decided by the Prime Minister at requests of minister, heads of ministerial-level agencies, agencies attached to the Government, Chairmen of People’s Committees of provinces, central cities.

Source: Baclieu-Potential and Opportunities for investment


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