Circular 26/2013/tt-Btnmt: Guide The Determination Of Land Value Is Not Calculated In The Exclusion The Business Prescribed In Article 31 Of Decree 59/2010/nd-Cp On July 18, 2010 Of The Government ...

Original Language Title: Thông tư 26/2013/TT-BTNMT: Hướng dẫn việc xác định diện tích đất loại trừ không tính vào giá trị doanh nghiệp quy định tại Điều 31 Nghị định số 59/2011/NĐ-CP ngày 18 tháng 7 năm 2011 của Chính ph...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Circular identifying land exclusion does not count on business value stipulated in article 31 of Decree 59/2010/ND-CP on November 18, 2011 the Government transferred 100% of State enterprises into joint-stock company _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law of the land on November 26, 2003;
Pursuant to Decree No. 59/2010/ND-CP on November 18, 2011 the Government transferred 100% of State enterprises into joint-stock companies;
Pursuant to Decree No. 21/2013/ND-CP of March 2013 of government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment.
At the suggestion of the General Director of the Bureau of land management and the Director of the legislation;
The Minister of natural resources and the environment issued circulars identifying land exclusion does not count on business value stipulated in article 31 of Decree 59/2010/ND-CP on November 18, 2011 the Government transferred 100% of State enterprises into joint stock companies.
Article 1. Scope this guidance circular identifying land exclusion does not count on the value of the business when the business 100% capital transfer project into a joint stock company specified in point b of Paragraph 2 article 31 of Decree 59/2010/ND-CP on November 18, 2011 the Government transferred 100% of State enterprises into joint stock companies (hereinafter the Decree the number 59/2009/ND-CP).
For land used for public works has safety protection corridor under the provisions of the law of the land, then 100% state capital business are used when making stock review, excluded by decision of the Prime Minister.
Article 2. Application object 1. State management bodies; professional body of resources and environment and the organizations and individuals involved.
2. Enterprises subject to equitization prescribed in article 2 of Decree 59/2010/ND-CP (hereinafter referred to as enterprise privatization).
Article 3. Land was excluded does not count on the value of enterprise equitization land exclusion does not count on the business value of shares specified in point b of Paragraph 2 article 31 of Decree No. 59/2010/ND-CP's land is State land use money not delivered in accordance with the law of the land to use for production activities provide the services, products, public welfare, public interest, specifically as follows: 1. The land area used for the purpose of research, experiment, experiment on agriculture, forestry, aquaculture, salt.
2. Land for the construction of housing relocation service according to the projects of the State.
3. Land building parking structures that are not intended for trading.
4. Land use construction of non-business purposes in the fields of culture, health, education and training, fitness-sport serves the public interest, include: a) land used to build the headquarters of the news agencies, the press , radio station, tv station, parks, gardens, entertainment, clubs, cultural House, the post office-culture, a Museum, Gallery, library, cinema, circus, theater, literary creation base, base composed of art, art galleries , head of the art Division; the ground put the monument and Cenotaph are competent State agencies;
b) land to build hospitals, treatment facility, home, rehabilitation facility, facility rehabilitation, sanatoriums, base treatment for people infected with HIV/AIDS and other health facilities are State bodies have the authority to allow activities (excluding land to do business where services, such as clinics, cure high quality on demand, House for sale, motels, restaurants, the beach used to collect vehicles);
c) land construction works to serve the educational and training activities include: kindergarten, preschools, schools, professional secondary schools, colleges, universities, institutes, vocational (including hostels for students; student) is the State Agency has the authority to allow activities (excluding an area of land where to do business; , services such as motels, restaurants, the beach parking charge);
d) land used to build the stadium, base training, coaching, fitness-sports competitions are the competent State agencies allow activities (excluding land as ticket sales, sale of souvenirs, selling fitness tools-sports, hotels, motels , restaurant, private beach to collect vehicles);
DD) land use in the purpose of the construction of nurture, care for the elderly, the disabled, children in difficult circumstances; foster, the camp recovered dignity; Drug detox facility; the funeral home;
e) has a land area of historical-cultural attractions, has been rated or are the people's committees of provinces and cities under central Government (hereinafter referred to as the provincial people's Committee) decided to protect (excluding land as a place to sell tickets, hotels, motels, restaurants , House for sale, souvenirs to collect vehicles, other works and sightseeing, travel, entertainment, entertainment charge);
g) land do dump to waste, solid waste, waste disposal areas, making disposal of community service.
5. Land of construction of infrastructures used in the industrial park project was approved by the authority.
6. Land used for public purposes in the urban construction projects, residential and manufacturing areas, the business part of the land has various uses but is not economic, industrial, high-tech zones, including: a) land to do whose roads roads that connect with the public transport system and not separated by guards unsure what form any or to limit the scope of works, investment projects;
b) land use as parks, recreation areas, educational institutions, training, health, culture, sport or other forms but no business purpose and was used for people in and outside urban areas, the rural residential area.
Article 4. The implementation of the identified land exclusion does not count on the business value of shares 1. When building land use projects, Enterprise holdings to determine land excluding non-computer on the enterprise value as defined in article 3 of this circular. Identifying land exclusion is done according to the appendix to this circular and should be shown on the map extract or extract for the cadastral measurements where no maps.
2. Enterprise equitization submitted land use plan attached to the land area statistics exclude computer on the enterprise value under the provisions of Paragraph 1 of this article to the Department of natural resources and the environment where the land review, the provincial people's Committee for approval.
3. Within a period of not exceeding 15 days from the receipt of complete and valid dossier, the Department of natural resources and the environment, in collaboration with the relevant departments make reviewing and writing to the provincial people's Committee approval of land excluded does not count on the business value of shares.
4. Within a period of not more than 10 working days from the date of receiving the written recommendation of the Department of natural resources and the environment, the provincial people's Committee is responsible for approving land exclusion does not count on the business value of shares in the land use plan.
Article 5. Responsible for implementation 1. The provincial people's Committee has the responsibility for directing the Department of natural resources and the environment, in collaboration with the relevant departments make reviewing land exclusion does not count on the value of businesses; approved land exclusion does not count on the business value of shares in the land use plan.
2. Bureau of land management, test track, urging the implementation of this circular.
3. The Department of natural resources and provincial environmental responsibility: a) guide the enterprise equitization determine land excluded does not count on the business value of shares in the land use plan;
b) presiding, in coordination with the relevant departments make reviewing land exclusion does not count on the business value of shares in the land use plan.
4.100% capital of State enterprises made shares as stipulated in Decree No. 56/2010/ND-CP is responsible for identifying land exclusion does not count on the value of businesses under the guidance of this circular.
5. for enterprise equitization have land exclusion does not count on the value of businesses had to decide approval equitization of State agencies have the authority before the date of this circular has the effect that specified part land excluded by the provisions of article 3 of this circular shall follow the equitization plan has be approved.
For enterprise holdings has decided to approve the privatization approach but identifying land exclusion provisions in article 3 of this circular which has not made the sale of shares it must adjust and publish the business value of shares.
Article 6. Effective enforcement of this circular are effective from November 2013.
In the process if there are difficulties and obstacles, suggest the Agency Organization, personal reflections in time written on The resources and environment to review the decision.