Decision 71/2014/qd-Ttg Dated: About Modifications, Additional Account 5 Article 1 Decision No 140/2008/qd-Ttg On October 21, 2008 By The Prime Minister About The Reorganization, Dealt, Land Owned By H. ..

Original Language Title: Quyết định 71/2014/QĐ-TTg: Về sửa đổi, bổ sung khoản 5 điều 1 Quyết định số 140/2008/QĐ-TTg ngày 21 tháng 10 năm 2008 của Thủ tướng Chính phủ về việc sắp xếp lại, xử lý nhà, đất thuộc sở h...

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PRIME MINISTER
Numbers: 71 /2014/QĐ-TTg
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 17, 2014

A DECISION.

In terms of amendment, paragraph 5 of paragraph 1 Decision 140 /2008/QĐ-TTg

October 21, 2008 by the Prime Minister of Government

regroup, home processing, state owned land

__________________

Government Law Base December 25, 2001;

Land Law Base in 2013;

The State Budget Law Base December 16, 2002;

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

Base of Protocol 52 /2009/NĐ-CP June 3, 2009 by the Government Regulation and guidelines for some of the provisions of the Management Law, using state property;

At the suggestion of the Minister of Finance,

The Prime Minister issued the decision on the amendment, adding a paragraph 5 Article 1 Decision No. 140 /2008/QĐ-TTg October 21, 2008 by the Prime Minister of the Government on the rearrangement, home processing, state ownership of the state.

What? 1. Modify, add 5 Articles 1 Decision 140 /2008/QĐ-TTg The Prime Minister ' s October 21, 2008, October 21, 2008, state-owned, state-owned, state-owned, state-owned land. 140 /2008/QĐ-TTg ) as follows:

" 5. Modify, add Article 8 as follows:

1. For the administrative body, the career unit:

a) The amount proceeds from the sale of property on the land, the transfer of the right to land use must be submitted to the temporary account held at the State Treasury chaired by the Ministry of Finance as the account holder (for the administrative body, the Central Administrative Unit of Management); the account temporarily. hold at the Provincial State Treasury issued by the Finance Department as an account holder (for its administrative body, the local career unit of management) over the 90-day period, since the day the state agency has the authority to approve the results of the auction (for the school). Auction sale) or the Treasury Department to issue a Notice on the sale of property on land, transfer of land use (for the semi-only case) ). The case is too long without paying enough money into the temporary account, which is subject to the law of tax management.

A specific payment term and a slow fine is prescribed at a contract to purchase an auction property (for the case of auction) or the contract to purchase the asset (for the case of the designated sale).

b) In the 15-day period of work, since the date of the proceeds of the proceeds from the sale of property on land, transfer of the rights to the land to the holding account, the administrative body, the career unit is responsible for the collection of relevant expenses sent to the Finance Department (where have a housing facility) to determine the expenses paid from the amount of money sold on the land, transfer the rights to land by regulation.

c) In the 15-day period of work, since the date of receiving enough records, the Department of Finance (where the grounds of the housing facility) implement the identification and issuing of the Notice of Appraisal of relevant costs, the unit is paid from the amount of money sold on land, transferred Franchisor, franchisor.

d) The amount proceeds from the sale of property on the land, the transfer of the rights to the land on a temporary account after the exception of the relevant expenses determined by the Treasury to be processed as follows:

-For the administrative body, the central unit of the Central Committee:

+ Is left all (100%) of the proceeds from the sale of property on land; 70% of the proceeds from the transfer of the rights to the land.

+ The Ministry of Finance makes up 30% of the proceeds from the transfer of the rights to land on the local budget where the housing facility is located.

-For the administrative body, the local career unit: To be left all (100%) of the proceeds from the sale of property on land, transfer the rights to the land.

The amount proceeds from the sale of property on the land, the transfer of the rights to the land specified at the point id is used in the following order:

-Using to implement a construction investment project, upgrade, job-based renovation, a licensed career facility with approved jurisdiction; including compensation costs, free release, statutory support of law to receive land at a new location. (if any).

Management and payment are carried out by the regulation of management legislation, the underlying investment payment of the state budget capital.

-Assisted relocation of households, individuals who have worked as housing on the grounds of their home facilities, the other land of the administrative body, the career unit within the management range of the Ministry, the industry, the local (if any).

-Investment, construction, repair, upgrading of local infrastructure (for the proceeds from the estate sale on land and transfer of land use by the administrative body, local career unit management).

-State budgets by law on state budgets.

e) After a 24-month period, since the amount of proceeds from the sale of property on the land, the transfer of land use is filed into the temporary account; the Ministry of Finance (for the administrative body, the Central Division unit of management) or the Treasury Department (for example). with the administrative body, the local career unit of management), which makes it into the state budget by the rule of law on the state budget in the case of administrative organs, the career unit has no approved investment jurisdiction. Browsing and building investment; there is no offer to support relocation for households, individuals who have deployed as housing on campus facilities. Home, other land within the management range of ministries, sectors, localities; there are no local infrastructure investment projects or have approved investment projects but use no amount of money on a temporary account.

2. For the state company:

a) The amount proceeds from the sale of property on the land, the transfer of the right to land use must be submitted to a temporary account held at the State Treasury issued by the Treasury as the account holder (for the state-administered state company) or a temporary account held at the Treasury. The provincial state was administered by the Department of Finance (for the local state company) for a 90-day period, since the day the state agency had the authority to approve the results of the auction (for the auction of auction) or the Treasury Department. announced the sale of property prices on land, transfer of land use (for the designated semi-designated case). The case is too long without paying enough money into the temporary account, which is subject to the law of tax management.

A specific payment term and a slow fine is prescribed at a contract to purchase an auction property (for the case of auction) or the contract to purchase the asset (for the case of the designated sale).

b) In the 15-day period of work, since the date of the amount of money obtained from the sale of property on land, the transfer of the rights to the land to the holding account, the state company is responsible for the collection of relevant costs sent to the Finance Department (where the housing facility) to determine the expenses paid from the amount of property sales on the land, transfer of the land use by regulation.

c) In the 15-day period of work, since the date of receiving enough records, the Department of Finance (where the grounds of the housing facility) implement the identification and issuing of the Notice of Appraisal of the funds relevant to the state company paid from the amount of money sold on land, transferred Franchisor, franchisor.

d) The amount proceeds from the sale of property on the land, the transfer of the rights to the land on a temporary account after the exception of the relevant expenses determined by the Treasury to be processed as follows:

-The amount of money sold on the property, the state company is used by the regulation of the law on the business.

-The proceeds from the transfer of the rights to the land:

+ Is left 50% (for its home base, land on the site of cities is special type municipality or type I municipality); 70% (for home base, land on the rest of the provinces).

+ The Ministry of Finance (for the state-controlled state company) or the Department of Finance (for the local state company manages) to perform up to 50% (for the home base, land on the site of cities is a special type municipality or type I municipality) or 30% (for the home base, land on the remaining provinces) to the local budget (where the housing facility) is defined by law on the state budget.

The amount proceeds from the transfer of the rights to the specified land at the point of the clause is used in the following order:

-Using to implement a construction investment project, upgrade, production of manufacturing facilities, business has been granted jurisdiction under the rule of law on building investment use of state budget capital under approval of the Ministry of Finance (for the company). The Central Committee of the Central Committee, and the approval of the Provincial People's Committee after being appointed by the Council of the People to the initiative of joint treatment or resolution of the decision to the Provincial People's Committee (for the colonial state company). The manager.

Management and payment are carried out by the regulation of management legislation, the underlying investment payment of the state budget capital.

-State budgets by law on state budgets.

e) After a 24-month period, since the date of the proceeds from the transfer of the right to land use is filed into the temporary account; the Ministry of Finance (for the state-owned state company) or the Finance Department (for its local state company). to the state budget by law of state budget in case the state company has no approved investment project, and has yet to implement construction investments or have a licensed investment project. the rights to approve, but using no amount of money on a temporary account.

g) The purpose of the purpose of using the land to use the land is filed into a temporary deposit at the Provincial State Treasury (where the housing facility) is owned by the Finance Department for a 90-day period, since the date was approved by the state agency. In the case of this deadline, which has not yet submitted enough money to a temporary account, the state company is intended to use the right to use the right to pay a fine by the law of tax management.

The management, using the amount of money when transferring the purpose of using the land in the case of a state company with a home base, the land must relocate due to environmental pollution made by digital decision. 86 /2010/QĐ-TTg December 22, 2010 by the Prime Minister and the Guided Texts.

3. The Treasury Department instructs relevant costs and processes, the procedure payment of relevant costs; the process of issuing and accounting, spending on the state budget of money carrying out the investment project, which supports the relocation of households, individuals, and others. (if any) rules in Clause 1 and Article 2 of this. "

What? 2. Terms of execution

1. This decision has been in effect since 15 February 2015.

2. For home facilities, the land has been granted authority by the state agency to approve the sale of property on land, transfer the land use before the date of the decision taking effect, the rate (%) dividing the proceeds from the sale of property on the property. The land, the transfer of the right to the right of the land, is defined by Article 5 of Article 1 of the number of decisions. 140 /2008/QĐ-TTg.

3. Ministers, peer-agency Prime Minister, Chief Minister of Government, other agency in the Central, Chairman of the Council Management Council LLC a member state by the Prime Minister decided to form, Chairman of the Committee on the Board of Directors. The people of the province, the central city of the Central and the Prime Minister, are responsible for this decision.

Prime Minister

(signed)

Dao Dung