Decree 91/2025/ND-CP the time for determining land prices of the land fund for payment under Build-Transfer contracts in the Thu Thiem New Urban Area

DECREE

Defining the time for determining land prices of the land fund for payment under Build-Transfer contracts in the Thu Thiem New Urban Area, Ho Chi Minh City

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Pursuant to the Law on Organization of the Government dated February 18, 2025;

Pursuant to the Law on Promulgation of Legal Documents dated February 19, 2025;

Pursuant to the Land Law dated January 18, 2024;

Pursuant to the Law on Investment in the Form of Public-Private Partnership dated June 18, 2020;

At the proposal of the Minister of Finance;

The Government promulgates the Decree defining the time for determining land prices of the land fund for payment under Build-Transfer contracts in the Thu Thiem New Urban Area, Ho Chi Minh City.

Article 1. Scope of regulation and subjects of application

1. This Decree defines the time for determining land prices of the land fund for payment to investment projects under Build-Transfer (BT) contracts in the Thu Thiem New Urban Area, Ho Chi Minh City, as stated in the Government Inspectorate's Inspection Conclusion No. 1037/KL-TTCP dated June 26, 2019, including:

a) The investment project on construction of 04 main roads in the Thu Thiem New Urban Area;

b) The investment project on construction of Thu Thiem 2 Bridge;

c) The investment project on construction of technical infrastructure of the Northern Residential Area and completion of the North-South arterial road in the Thu Thiem New Urban Area.

2. This Decree applies to state agencies, investors, organizations, and individuals involved in the implementation of the BT Projects specified in Clause 1 of this Article.

Article 2. Principles of implementation

1. Ensure compliance with the relevant laws regarding the competence, order, and procedures applicable at the time of initialing the BT contracts.

2. Strictly adhere to the effective inspection conclusions; only consider, handle, and resolve difficulties and obstacles in the implementation of inspection conclusions in cases where the causes of violations and errors are due to the fault of state management agencies or the fault of both state management agencies and investors.

3. Strictly inspect, supervise, and handle organizations and individuals that take advantage of the implementation of this Decree for corruption or negative practices; prevent new violations.

4. The organization of implementation of this Decree shall ensure its appropriateness to objective realities and specific historical circumstances of the BT projects specified in Article 1 of this Decree; the common and overall interests; protection of the legitimate and lawful rights and interests of relevant entities in accordance with the law; and prevention of disputes and lawsuits.

5. Ensure that no loss of state assets occurs.

Article 3. Conditions for application

A BT project specified in Article 1 of this Decree shall be subject to Article 4 of this Decree if it fully meets the following conditions:

1. The BT contract was initialed in accordance with the law regulations on the competence to sign contracts and has its policy approved by the Prime Minister regarding the assignment of other projects for the investor to implement concurrently with the BT project, and commencement of work construction after the parties initialed the contract.

2. The contents of the officially signed BT contract are not changed compared to the contents of the initialed BT contract, regarding:

a) Project objectives and scale;

b) Total investment capital of the BT project;

c) Method of payment to the investor.

3. There is a ground to determine that the investor commenced the BT project immediately after initialing the BT contract.

4. The payment is made according to the principle of offsetting between the total investment capital of the BT project and the value of the land fund for payment as defined in the initialed BT contract and this Decree.

5. The determination of the BT project's value as the basis for payment shall comply with the principle that the total investment capital shall not increase throughout the entire effective period of the BT contract; and the finalized value of the BT project must not exceed the total investment capital of the BT project in the contract.

Article 4. Time for determining specific land prices for the land fund for payment under BT contracts and calculation of land use levy, land rental for projects in the Thu Thiem New Urban Area, Ho Chi Minh City

1. For the land areas used for payment to an investor implementing a BT project based on the principle of offsetting between the total investment capital of the BT project and the value of the land fund for payment, the time for determining the land price is the time of initialing the BT contract.

2. For the land area difference between the land fund area for payment specified in the initialed BT contract and the land area after offsetting as prescribed in Clause 1 of this Article, if the total value of the land fund for payment is greater than the total investment capital of the BT project (hereinafter referred to as the land area difference), the payment of land use levy and land rental shall be implemented as follows:

a) The investor shall additionally pay land use levy and land rental for the land area difference in accordance with the land law;

b) The collection and payment of land use levy and land rental, and the land prices used for calculating land use levy and land rental for the land area difference shall be determined in accordance with Article 257 of the Land Law No. 31/2024/QH15 and the Government's Decrees detailing the Land Law;

c) In case the investor has already paid money into the City's budget as stipulated in the initialed contract at the time of initialing the contract and paid money under the Inspection Conclusion No. 1037/KL-TTCP dated June 26, 2019 of the Government Inspectorate, this amount shall be recorded for deduction for the land use levy and land rental the investor must pay as prescribed at Point a of this Clause.

3. After the finalization of a BT project and the offsetting prescribed in Clauses 1 and 2 of this Article, if there is a difference between the value of the land fund for payment and the finalized value of the BT project, the Ho Chi Minh City People's Committee and the investor shall make payment for the difference in accordance with the BT contract.

4. The land use form for the land area used for payment to the investor implementing a BT project and the land area difference shall be the form of the State allocating land with collection of land use levy or leasing land with with one-off payment of land rental for the entire lease period in accordance with the land law.

5. The policy on exemption or reduction of land use levy and land rental shall not apply to the land area difference specified in Clause 2 of this Article.

Article 5. Implementation responsibility

1. The People's Committee of Ho Chi Minh City shall be responsible for performing the reviewing to ensure that the BT projects fully satisfy the conditions specified in Article 3 of this Decree, including:

a) Reviewing the contents of the initialed BT contract and the officially signed BT contract of every project to have a basis for determination of compliance with the conditions specified in Clause 2, Article 3 of this Decree. In case there is a change in content between the officially signed BT contract and the initialed BT contract, one of the following two approaches shall be taken:

- The People's Committee of Ho Chi Minh City shall agree with the investor to amend and supplement the officially signed BT contract according to the initialed BT contract.

- The People's Committee of Ho Chi Minh City shall implement the contents agreed upon with the investor in the initialed contract as prescribed in Article 4 of this Decree; decide and be responsible for the remaining contents, including the allocation of land, land lease, calculation of land use levy, and land rental for the implementation of other projects agreed upon in the officially signed contract, ensuring compliance with the law regulations.

b) Reviewing and determining the ground for affirming that the investor has implemented the BT project immediately after initialing the BT contract as the basis for determination of compliance with the condition specified in Clause 3, Article 3 of this Decree;

c) Reviewing and redetermining the boundaries, location, area, and land price of the land area for which a decision on land allocation or land lease has been issued and which is used for payment to the investor as prescribed in Clause 1, Article 4 of this Decree; determining the boundaries, location, area, and land price of the additional land area to be allocated or leased in case the allocated area is insufficient for offsetting payment as prescribed in Clause 1, Article 4 of this Decree (if any); reviewing and determining the boundaries, location, area, and land price of the land area difference as prescribed in Clause 2, Article 4 of this Decree.  In case of changes in the the value of the land fund for payment after redetermination of land price, an appendix to the officially signed BT contract shall be agreed upon and signed with the investor to update the value of the land fund for payment;

d) Reviewing the issued decisions on land allocation and land lease to consider the adjustment or issuance of decisions on land allocation and land lease, ensuring compliance with the land law.

2. In addition to the responsibilities specified in Clause 1 of this Article, the People's Committee of Ho Chi Minh City has the following responsibilities:

a) Requesting the State Audit Office of Vietnam to audit the determination of the completed value of the BT projects; determining the land areas and land price of the land funds for payment to the BT project; determining the land area differences and the land price of the land area differences in accordance with the land law;

b) Assuming the prime responsibility for, and coordinating with the Government Inspectorate in, inspecting and supervising the implementation of the projects in accordance with this Decree and relevant laws; strictly handling organizations and individuals that take advantage of the implementation of this Decree for corruption or negative practices (if any);

c) Coordinating with the investors and relevant agencies in implementing the projects in accordance with this Decree and relevant laws, ensuring compliance with the principles specified in Article 2 of this Decree.

3. The investors shall be responsible for:

a) Coordinating with the People's Committee of Ho Chi Minh City and relevant agencies in fulfilling the responsibilities specified in Clauses 1 and 2 of this Article;

b) The accuracy of the dossiers and documents related to the organization and implementation of the BT projects immediately after initialing the BT contracts;

c) Completing the BT projects according to the schedule specified in the officially signed BT contracts and implementing the conclusions of the Government Inspectorate and the State Audit Office of Vietnam;

d) Additionally paying land use levy and land rental as prescribed in Clause 2, Article 4 of this Decree into the City's budget.

4. The People's Committee of Ho Chi Minh City shall be responsible for issuing decisions on defining specific land prices and calculating land use levy and land rental for the land fund for payment to carry out the offsetting prescribed in Clause 1, Article 4 of this Decree and additional payment specified in Clause 2, Article 4 of this Decree; notifying and collecting land use levy and land rental in accordance with the law regulations on collection of land use levy and land rental, and the investors shall complete the financial obligations related to land for their projects before January 01, 2030.

Article 6. Effect

1. This Decree takes effect on the signing date.

2. This Decree shall cease to be effective when the People's Committee of Ho Chi Minh City and the investors have fulfilled the responsibilities specified in Clause 4, Article 5 of this Decree.

3. The Chairperson of the People's Committee of Ho Chi Minh City and relevant agencies and units under the People's Committee of Ho Chi Minh City shall be responsible for the implementation of this Decree./.