Decision 23/2015/qd-Ttg Dated: Regulation Mechanism Of The State Land Fund Payment To Investors When The Project Construction In The Form Of Build-Transfer

Original Language Title: Quyết định 23/2015/QĐ-TTg: Quy định cơ chế nhà nước thanh toán bằng quỹ đất cho nhà đầu tư khi thực hiện dự án đầu tư xây dựng theo hình thức xây dựng - chuyển giao

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PRIME MINISTER
Numbers: 23 /2015/QĐ-TTg
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 26, 2015

A DECISION.

Q The state mechanism by land funds.

to the investor when implementing a construction investment project

following the construction form-the transfer o

_________________

Government Law Base December 25, 2001;

The State Budget Law Base December 16, 2002;

The Management Law Base, which uses the state property on June 3, 2008;

The Administrative Law of the Executive Code of the Law of the Law on 3 June 2008;

Land Law Base November 29, 2013;

The Investment Law Base November 26, 2014;

Base of Protocol 15 /2015/NĐ-CP February 14, 2015 of the Government on Investment in the form of the public partnership;

At the suggestion of the Minister of Finance,

The Prime Minister issued the decision to rule the state mechanism by land funds for the investor while implementing the Construction Investment Project in the form of Construction-Transfer.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This decision rules the state mechanism by land funds for the investor while implementing the Investment Project to build works in accordance with the form of Construction Contract-Transfer (later known as the BT Project).

What? 2. Subject applies

1. The state agency has the authority to sign the Building Contract-Transfer (later known as the BT contract).

2. The investor implementation of the BT Contract (later known as the Investment House).

3. The agencies, organizations, other individuals are involved in the implementation of the BT Project.

What? 3. The BT Project payment principle by land fund

1. The BT Project Value determined by the rule of law on the investment of construction.

2. The land fund value for payment to the investor determined by the rule of the land law.

3. Implementals of the BT Project payment by land funds under a cross-principle principle, offset the difference between the BT Project value and the payment of the payment land fund.

4. The time of payment of the BT Project by land funds is the time the Provincial People 's Committee, the Central City Central Committee (later known as the Provincial People' s Committee) issued the decision to deliver the land, lease the land to the investor. The time of the decision to deliver the land, land lease is deployed simultaneously or after completion of the BT Project by regulation at Section 3 Article 43 Digital Protocol. 15 /2015/NĐ-CP February 14, 2015 of the Government on Investment in the form of Public Works Partnership.

Chapter II

SPECIFIC REGULATION

What? 4. Payment Land Fund for Investment

1. The fund for the investor to be applied to the form of land delivery that has the proceeds to use land or lease land rent land once for a whole time of lease.

2. Payment Land Fund for the investor:

a) The land defined in the planning, the plan to use the land was approved by the state authority to approve use on the purpose of economic development by the rule of the land;

b) The land of the home base, land at the old site used to pay the BT Project to invest its construction at the new location.

3. The state agency has the authority to choose the payment land fund for the specified investor at Point 2 This Article guarantees the following two conditions:

a) In accordance with the planning, the plan to use the land is approved by the state authority;

b) The payment of the payment land equivalent to the value of the BT Project is approved.

What? 5. Use the land fund to pay the BT Project

1. For unreleased land funds

On the basis of location, the area of payment of the land of payment is expected by the Provincial People's Committee, the proposed base of the state agency with the authority to sign the BT contract and the recommendation of the Investment House, the Provincial People's Committee with a document of commitment to the investor. the use of the land fund for payment of the BT Project; at the same time the delivery of local authorities and the investor to implement:

a) The planning of 1/500 of the state agency has the authority to approve;

b) Set up the compensation method, release the face by the state agency with the authority to approve;

c) In advance of the expense of compensation, the release of the face by regulation;

d) The organization performed the compensation, the release of the face by the approved method.

On the basis of the results of the compensation, the free release, the Provincial People's Committee issued the decision to deliver the land, lease the land to the investor. Determining the value of the payment of the funds, the payment of the BT Project is provided by the provisions of Article 2.

2. For the land fund completed the release by

a) The Provincial People ' s Committee issued the decision to deliver the land, lease the land to the investor to determine the value of the payment land fund. Determining the value of the payment of the payment land is as follows:

-A land-based exchange rate, the value of the payment of the land, is the amount of use of the land at the time of the decision of the land, as the law of the land is used.

-The case for rent earthen rent land once for an entire time of lease, the payment of the payment land is the rent of the land once for both the lease period at the time of the decision to lease the land under the law of the lease of the lease. Land, rent water.

b) The payment of the BT Project by the land fund is as follows:

Make payments in accordance with the principle of parity. The BT Project value defines as defined by the law on the investment of construction; the value of the payment of the land is determined by the rule of the law of the land.

-The payment of the payment of the land fund is greater than the BT Project value, the investor must file a portion of the amount of money into the state budget by the rule of law on the collection of land use, land rent, water lease.

-The case for the payment of a payment of a payment of the payment of the BT Project is that the State Payers the arbiter for the investor with money or other land funds ensures regulatory conditions at Point A 3 Article 4 This Decision at the time of the BT Project decision. complete by the rule of law on the investment of construction.

The BT Project value and payment of the fund land fund have not changed since the date the state agency has the authority to determine the value of the BT Project, the value of the land fund identified and paid under the rule of law. Unless the text of the state agency has the authority to approve the permission:

-Adjustment scale, technical design of the BT Project, the interest in the financial methodology of the BT Contract resulting in a change in the BT Project value;

-Planning adjustment to change area, purpose of use, the shelf life of the payment land fund.

The adjusted value of the clearing was handled at the time the BT Project's decision was completed by law on the investment of construction.

c) The loan in the financial methodology of the BT contract terminated since the day the Provincial People ' s Committee issued the decision to deliver the land, lease land.

d) The Provincial People's Committee issued a certificate of land use of the land to the investor in accordance with the provisions of the land law on the land area of the payment land fund corresponding to the portion of the BT Project value completed according to the state agency. the jurisdiction determined by the rule of law on the investment of construction and the complete financial obligations of the arbiter portion of the arbiter that the investor has submitted at this point b (if any).

What? 6. Use the land fund of the home facility, land at the old location to pay the BT Project to invest construction in new location.

The use of the land fund of the home facility, the land at the old location to pay the BT Project to invest the construction of the work at its new location in accordance with the provisions of the law on management, use of state property; in particular, the following:

1. Administrative divisions, career units, businesses held by the State to hold 100% of the charter capital (later known as state-owned enterprises) to be delivered, using a home facility, land at an old location with a written report on the need, the need for the first BT Project. Building construction at the new location and using the land fund of the home base, the land at the old location for payment; sent:

a) The governing body (ministry, peer agency, government agency, other authority in the Central) to the administrative body, the Central Administrative Unit of the Administration; the direct owner of the owner directly at the state-owned business holds 100% of the capital. The following (later known as the direct owner of the owner) to the state-owned state-owned enterprise;

b) The department, the governing body, the upper-level body of the Provincial People's Committee on the administrative body, the local career unit management; the representative owner directly owns the local state-owned enterprise.

2. On the basis of a report by the administrative body, the career unit, the state business stated at Article 1 This, the governing body, the owner of the owner directly considering the project implementation of the BT Project to invest the work at its new location and use it. the land fund of the home facility, the land at the old location for payment and has the text sent:

a) the Ministry of Finance (for its administrative body, a career unit, a state-owned state-owned enterprise) to the Ministry of Finance to submit the idea of the Provincial People's Committee (where there is a home base, land at an old location) on land use planning, construction planning;

b) Department of Finance (where there is a home base, land at an old location-for the administrative body, a career unit, a local state-owned enterprise) to the Department of Finance to coordinate with the departments, the sector is concerned, reports the Provincial People ' s Commission on Sunday. This implementation of the BT Project, the land use planning, the construction of the site.

3. On the basis of the opinion of the Provincial People ' s Commission on land use planning, construction planning, the Ministry of Finance review and has a written opinion on the topic of the governing body (for the administrative body, the Central Division unit of management), the official said. the direct ownership representative (for the state business of the Central Committee), the Provincial People's Committee considers and has a written opinion on the topic of the governing body (for the administrative body, the local business unit of management), the representative owner directly (for the local state-owned enterprise).

4. The selection of investor implementation of the BT Project Investing Construction in the new position and using the land fund of the home facility, land at the old location for payment of execution by law on bidding.

5. The Provincial People ' s Committee issued the decision to deliver the land, lease land at the former position to the investor in accordance with the specified time at the Section 4 Article 3 of this Decision.

6. The determination of the payment of the payment of the land payment to the home base, land at the old location (which includes the value of land use and property value on land) performed as follows:

a) Money uses land, land rent per time for both the lease period is made in accordance with the regulation at Point A 2 Article 5 This Decision;

b) The value of the property on the land must ensure consistent with the remaining actual value according to the reassessment results, no less than the new construction price of the same type issued by the Provincial People's Provincial Committee (x) with the remaining quality rate at the time of the transaction decision. land, lease land of the house facility, land at the old location.

7. The time of payment for the investor is the moment the Provincial People ' s Committee issued the decision to deliver the land, leasing land at the former position to the investor.

8. The payment of the BT Project by the land fund is as follows:

Make payments in accordance with the principle of parity. The BT Project value defines as defined by the law on the investment of construction; the value of the payment of the land is determined by the rule of the law of the land.

a) The value of the payment of the land fund is greater than the BT Project value, and the investor must pay the difference in money into the state budget by the rule of law of the collection of the land, the lease of the land, and the lease of the water;

b) The case for payment of the land fund is less than the value of the BT Project, the State Paying the arbiter for the investor with money or other land funds ensures regulatory conditions at Point A 3 Article 4 This Decision at the time of the Project's decision. BT completed by law on construction investments.

9. The interest rate in the BT contract's financial methodology has ended since the day the Provincial People ' s Committee issued a decision to deliver the land, leasing land at its former location.

10. The Provincial People ' s Department of the Provincial Committee grants the right to use the land to the Investment House under the provisions of the land law on the land area of the payment land fund corresponding to the BT Project value completed by the progress of the state agency. has the jurisdiction determined by the rule of law on the investment of construction and the completed financial obligations of the arbiter portion of the arbiter that the investor has submitted at the point of A paragraph 8 This Article (if any).

Chapter III

THE ORGANIZATION.

What? 7. Process Processing

For BT contracts payment of land funds to the investor to implement another Project signed by the rule of law prior to the time of the decision to take effect, the specified implementation at the BT contract has signed and its regulation. The law is relevant; do not apply or regulate under the regulation at this Decision.

What? 8. Effect of execution

1. This decision has been in effect since August 15, 2015.

2. The Ministry of Finance directed the implementation of the process, the State procedure payment by land fund to the prescribed investor.

3. The ministers, peer-to-peer authority, the government 's agency chief, the other agency in the Central, the Chairman of the Provincial People' s Committee, the Central City of Central and the Head of the Agency, the relevant unit responsible for execution of the decision. Hey, hey, hey.

Prime Minister

(signed)

Dao Dung