Circular No. 48/2012/TT-BTC dated March 16, 2012 of the Ministry of Finance on guiding the determination of the reserve prices and financial regulations in land use right auctions for allocation of land subject to land levies or land lease

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Circular No. 48/2012/TT-BTC dated March 16, 2012 of the Ministry of Finance on guiding the determination of the reserve prices and financial regulations in land use right auctions for allocation of land subject to land levies or land lease
Issuing body: Ministry of FinanceEffective date:
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Official number:48/2012/TT-BTCSigner:Nguyen Huu Chi
Type:CircularExpiry date:
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Issuing date:16/03/2012Effect status:
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Fields:Bidding - Competition , Land - Housing

SUMMARY

ESTABLISHING THE LAND USE RIGHT AUCTION COUNCIL TO USE HIGH-VALUE LAND USAGE’S RIGHT

On March 16, 2012, the Ministry of Finance issued the Circular 48/2012/TT-BTC guiding the determination of the reserve prices and financial regulations in land use right auctions for allocation of land subject to land levies or land lease.

Under this Circular, the land use right auction council is established in the case of rights to use land of high value, specifically: for centrally-affiliated cities, the reserve price for the entire project or the entire land is from 1,000 billion VND and above; from 300 billion VND and above for highland provinces; from 500 billion VND and above for the other provinces.

The above value rates are minimum rates. Basing on the actual conditions of the locality, the provincial People’s Committee shall decide the specific value rates to form the basis for establishing the Council but such values must not be lower than the corresponding value rates stipulated above.

The President of the People’s Committee at the competent level making decisions on land use right auction shall make the decision on establishing the land use right auction council to conduct land use right auctions in special cases prescribed under this Circular.

The composition of a Council includes: the leader of the People’s Committee at the same level (or an authorized person) is the President of the Council; the members are representatives of agencies: Natural Resources and Environment, Finance, Justice, Inspection, Construction, agencies assigned to conduct land use right auctions and representatives of relevant agencies, organizations, units.

This Circular shall take effect on May 01, 2012.
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Effect status: Known

 

THE MINISTRY OF FINANCE
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.: 48/2012/TT-BTC
Hanoi, March 16, 2012
 
CIRCULAR
ON GUIDING THE DETERMINATION OF THE RESERVE PRICES AND FINANCIAL REGULATIONS IN LAND USE RIGHT AUCTIONS FOR ALLOCATION OF LAND SUBJECT TO LAND LEVIES OR LAND LEASE
Pursuant to the Government’s Decree No. 17/2010/N-CP of March 04, 2010 on property auction;
Pursuant to the Government's Decree No. 120/2010/ND-CP of December 30, 2010 amending, supplementing a number of articles of the Government's Decree No. 198/2004/ND-CP of December 03, 2004 on land levy collection;
Pursuant to the Government's Decree No. 121/2010/ND-CP of December 30, 2010 amending, supplementing a number of articles of the Government's Decree No. 142/2005/ND-CP of November 14, 2005 on the collection of land rents, water surface rents;
Pursuant to the Government's Decree No. 57/2002/ND-CP of June 03, 2002 detailing the implementation of the Ordinance on Charges and fees; the Government's Decree No. 24/2006/ND-CP of March 06, 2006 amending, supplementing a number of articles of the Government's Decree No. 57/2002/ND-CP of June 03, 2002;
Pursuant to the Government's Decree No. 118/2008/ND-CP of November 27, 2008 providing for functions, tasks, powers and the organizational structure of the Ministry of Finance;
Pursuant to the Prime Minister’s Decision No. 216/2005/QD-TTg of August 31, 2005 on the promulgation of the Regulation on land use right auction for allocation of land subject to land levies or land lease;
The Ministry of Finance guides the determination of the reserve prices and the financial regulations in land use right auctions for allocation of land subject to land levies or land lease as follows:
Chapter I
GENERAL PROVISION
Article 1. Scope of regulation
1. This Circular guides the determination of the reserve prices and financial regulations in land use right auctions for allocation of land subject to land levies or land lease in accordance with law provisions on land.
2. The determination of the reserve prices and financial regulations in auctions of rights to use land with properties attached to State-owned land is implemented in accordance with the Ministry of Finance’s Circular No. 137/2010/TT-BTC of September 15, 2010 providing for the determination of the reserve prices of State-owned properties put up for auction and financial regulations of the Property Auction Council (hereinafter referred to as the Circular No. 137/2010/TT-BTC) shall not be subject to this Circular.
Article 2. Subjects of application
1. Land funds development organizations or agencies assigned by People’s Committees at competent level to handle land use right auctions (hereinafter referred to as agencies assigned to handle land use right auctions).
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