THE MINISTRY OF FINANCE | | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 139/2016/TT-BTC | | Hanoi, September 16, 2016 |
CIRCULAR
Guiding the exemption from land use levy or land rental, refund to or clearing against financial obligations of social housing investors, and method of determination of land use levy payable by buyers or lessees-buyers when they are permitted to re-sell their social houses[1]
Pursuant to the Government’s Decree No. 60/2003/ND-CP of June 6, 2003, detailing and guiding the implementation of the State Budget Law;
Pursuant to the Government’s Decree No. 100/2015/ND-CP of October 20, 2015, on social housing development and management;
Pursuant to the Government’s Decree No. 215/2013/ND-CP of December 23, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
At the proposal of the Director of the Department of Public Asset Management;
The Minister of Finance promulgates the Circular guiding the exemption from land use levy or land rental, refund to or clearing against financial obligations of social housing investors, and method of determination of land use levy payable when buyers or lessees-buyers are permitted to re-sell their social houses under the Government’s Decree No. 100/2015/ND-CP of October 20, 2015, on social housing development and management.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular guides the implementation of a number of articles of the Government’s Decree No. 100/2015/ND-CP of October 20, 2015, on social housing development and management (below referred to as Decree No. 100/2015/ND-CP) regarding:
1. Exemption from land use levy and land rental for non-state funded social housing projects as prescribed in Clause 1, Article 9 of Decree No. 100/2015/ND-CP;
2. Refund to or clearing against financial obligations (payable land use levy or land rental upon implementation of other investment projects) toward the State of investors that have paid land use levy for the land area used for social housing construction allocated by the State or acquired through receiving lawful land use rights transferred by organizations, households or individuals as prescribed in Clause 1, Article 9 of Decree No. 100/2015/ND-CP.
3. Determination of the value of land use levy payable to the state budget by social housing buyers or lessees-buyers when they are permitted to sell their social houses under Clause 4, Article 19 of Decree No. 100/2015/ND-CP.
Article 2. Subjects of application
This Circular applies to organizations, households, individuals and state management agencies involved in social housing development and management under Decree No. 100/2015/ND-CP.
Chapter II
Section I
EXEMPTION FROM LAND USE LEVY AND LAND RENTAL FOR NON-STATE FUNDED SOCIAL HOUSING CONSTRUCTION PROJECTS
Article 3. Exemption from land use levy and land rental
The exemption from land use levy and land rental for non-state funded social housing construction projects prescribed in Clause 1, Article 9 of Decree No. 100/2015/ND-CP is guided as follows:
1. To exempt from land use levy or land rental for the entire land area allocated or leased by the State for social housing construction, including the land area for construction of business and trade works already approved by competent authorities within a social housing construction project.
2. To exempt from land use levy or land rental for the entire land area slated for social housing construction which uses the 20% land area of commercial housing development projects and urban development investment projects as prescribed by the housing law, including the 20% land area for construction of business and trade works already approved by competent authorities within a social housing construction project.
3. The investor of a social housing construction project shall carry out procedures for requesting exemption from land use levy or land rental in accordance with the land law.
Section II
REFUND OR CLEARING AGAINST FINANCIAL OBLIGATIONS TOWARD THE STATE OF INVESTORS OF SOCIAL HOUSING CONSTRUCTION PROJECTS
Article 4. Principles of refund or clearing against financial obligations toward the State of investors of social housing construction projects
1. An investor may be considered for refund or clearing against financial obligations (land use levy or land rental) toward the State of the land use levy amount already paid for the land area used for social housing construction which is allocated by the State or acquired through receiving lawful land use rights transferred by organizations, households and individuals in case the investor implements another investment project and the social housing construction project in the same province.
2. Based on the budget capacity, provincial-level People’s Committee chairpersons shall decide on clearing or refund for investors (after reaching agreement with the standing bodies of provincial-level People’s Councils) at the proposal of provincial-level Finance Department directors.
Article 5. Refund or clearing against financial obligations toward the State of investors of social housing construction projects
The refund or clearing against financial obligations toward the State of investors of social housing construction projects as prescribed in Clause 1, Article 9 of Decree No. 100/2015/ND-CP is guided as follows:
1. In case an investor has paid the land use levy for the land area used for social housing construction which is allocated by the State, the investor may have the paid land use levy refunded or cleared against financial obligations (land use levy or land rental) payable to the State when implementing another investment project. The investor’s paid land use levy amount to be refunded or cleared is the land use levy amount the investor has paid according to a competent agency’s notice or document as prescribed by the land law.
2. In case an investor acquires a land area through receiving lawful land use rights transferred by organizations, households and individuals and uses such land area for social housing construction, the investor may have the amount paid for such acquisition refunded or cleared against financial obligations (land use levy or land rental) toward the State. The investor’s amount to be refunded or cleared against financial obligations toward the State shall be determined based on the land price applicable to the use purpose of the acquired land at the time of being permitted by a competent state agency to change the land use purpose or at the time of being permitted to use the land for implementation of a social housing construction project, which, however, must not exceed the corresponding land compensation or support amount in case the State recovers land under the land law. The price of the acquired land shall be determined by the method of land price adjustment coefficient.
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