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THE PEOPLE’S
COMMITTEE of QUANG BINH PROVINCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
19/2015/QĐ-UBND
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Quang Binh,
June 03, 2015
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DECISION
ISSUANCE OF REGULATION ON
DEPOSIT FOR ASSURANCE OF EXECUTION OF LAND-USING PROJECTS IN QUANG BINH
PROVINCE
THE PEOPLE’S COMMITTEE OF QUANG BINH PROVINCE
Pursuant to the Law on Organization of the
People’s Councils and the People’s Committees dated November 26, 2003;
Pursuant to the Law on Investment dated
November 29, 2005;
Pursuant to the Law on Land 2013;
Pursuant to the Government's Decree No.
108/2006/NĐ-CP dated September 22, 2006 providing instructions on the
implementation the Law on Investment;
Pursuant to the Government's Decree No.
43/2014/NĐ-CP dated May 15, 2014 detailing the implementation of the Law on
Land;
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At the request of Director of the Department
of Planning and Investment of Quang Binh Province in Report No. 514/KHĐT-KTTTTN
dated April 17,2015,
DECIDES:
Article 1. The Regulation on deposit for assurance of execution of
land-using projects in Quang Binh province is promulgated together with this
Decision
Article 2. This Decision comes into force after 10 days from the day on
which it is signed.
Article 3. Chief of Office of the People’s Committee of Quang Binh
province, Directors of Department of Planning and Investment, Department of
Finance, Department of Natural Resources and Environment, Department of
Construction, Management Boards of Economic Zones; heads of provincial
agencies; Presidents of the People’s Committees of districts in Quang Binh province,
and relevant entities are responsible for the implementation of this
Decision./.
ON BEHALF OF
THE PEOPLE’S COMMITTEE
PRESIDENT
Nguyen Huu Hoai
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DEPOSIT FOR ASSURANCE OF EXECUTION OF LAND-USING PROJECTS IN
QUANG BINH PROVINCE
(Promulgated together with Decision No. 19/2015/QĐ-UBND dated June 03, 2015
of the People’s Committee of Quang Binh province)
Chapter I
GENERAL PROVISIONS
Article 1. Regulated
entities
1. Regulations on deposit for assurance of
execution of projects of investment (hereinafter referred to as projects) using
land in Clause 3 Article 58 of the Law on Land 2013, Clause 1 Article 14 of the
Government's Decree No. 43/2014/NĐ-CP dated May 15, 2014 on guidelines for the
Law on land are applied to the following projects: Projects of investment in
building housing for sale or for lease or both according to regulations of law
on housing; projects of investment in trading of real estate associated with
land use right (LUR) according to regulations of law on real estate trading;
and manufacturing or trading projects not funded by state budget. Every
investor must pay a deposit before the State allocates land, leases out land,
or permits land repurposing to execute the project.
2. The following entities are not regulated by
this Regulation:
- Investors that receive land allocated, leased
out by the State, or are permitted to repurpose land in the form of bidding;
- Investors that receive land allocated or
leased by the State upon receipt of transferred projects and have paid
deposits; investors that receive LUR from other land users;
- Investors that receive land allocated or
leased by the State and have paid a deposit for land clearance, relocation higher
than the deposit levels prescribed in Article 4 of this Regulation.
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1. Payment of deposit for assurance of execution
of a project means the investor paying an amount of money to the account of the
Department of Finance of Quang Binh province opened at a commercial bank or
submitting the guarantee certificate issued by a commercial bank permitted to
operate in Vietnam to the Department of Finance in order to ensure execution of
the project on schedule as agreed (hereinafter referred to as deposit payment).
2. Bank guarantee certificate means an
irrevocable guarantee certificate which specifies the amount of deposit,
deposit duration that match the project schedule, and promise of the
guaranteeing bank to transfer the deposit to the account given by the People’s
Committee of Quang Binh province (after receiving the written request from the
People’s Committee of Quang Binh province) without any further conditions.
3. Project schedule is the duration of project
execution promised by the investor which is stated on the written request for
permission to execute the project and the Decision on approval for investment
policies.
Article 3. General
provisions
1. When
executing a land-using project in Quang Binh province, the investor must make a
commitment to stick to the project schedule and take measures to ensure
execution of the project in accordance with this Regulation.
2. The investor will have the deposit and
interest over the deposit period refunded when the project is finished on
schedule.
3. The certification of deposit issued by the
Department of Finance is part of the application for land allocation, land
lease, or permission for land repurposing.
Chapter II
DEPOSIT PAYMENT AND
MANAGEMENT OF DEPOSITS
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1. The deposit level is expressed as percentage
of capital of the project on the written request for permission to execute the
project. In consideration of the scale, characteristics, and schedule of the
project, the investment registration authority (Department of Planning and
Investment, Management Boards of Economic Zones of Quang Binh province) shall
decide the deposit level as follows:
- Deposit on the amount of capital up to VND 300
billion will be 3%.
- Deposit on the amount of capital in excess of
VND 300 billion will be 1%.
With regard to projects that use land allocated
or leased by the State and are divided into multiple phases, the deposit level
depends on the capital of the project in each phase during which land is
allocated or leased.
2. Time limit for deposit payment
The deposit must be paid within 05 days from the
day on which the Decision on approval for investment policies is issued.
3. The deposit shall be paid to the account
opened by Department of Finance at a commercial bank in Quang Binh province in
the form of demand deposit. The Department of Finance shall provide the deposit
contract form that complies with this Regulation.
4. Procedures for deposit payment
a. Based on the contents of investment
registration, responsible authorities shall notify the investor of the deposit
level. To be specific:
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- Management boards of Economic Zones of Quang
Binh province shall notify projects within industrial parks, economic zones,
and checkpoint economic zones.
b. According to the notification of deposit
level sent by the competent authority, the investor shall pay the deposit and
send the certification of deposit payment issued by the Department of Finance
to the authority in charge of procedures for land allocation, land lease, or
land repurposing together with relevant documents prescribed by law.
Article 5. Refund of deposit
1. If the investor executes the project on
schedule, the deposit and interest thereon will be refunded to the investor
according to the following timetable:
a. 50% will be refunded after the investor
completes the procedures for land use and initiation of project construction.
b. The remaining amount of deposit shall be
refunded after the investment and construction phase is completed and the
project is put into operation.
c. If the investor fails to stick to the
promised schedule, the deposit will be handled in accordance with Article 6 of
this Regulation.
2. If the investor is not able to execute the
project in the event of a natural disaster, hostilities, conflagration, environmental
emergency, epidemic, and other force majeure events prescribed by the Prime
Minister, the President of the People’s Committee of Quang Binh province will
consider refunding the deposit and interest thereon in part or in full.
3. Department of Finance shall take charge and
cooperate with Department of Planning and Investment and Economic Zone
Management Board (with regard to projects in economic zones, industrial parks,
checkpoint economic zones), Department of Natural Resources and Environment, and
relevant agencies in advising the People’s Committee of Quang Binh province
about refunding deposits and interest thereon to investors in accordance with
Point (a) and Point (b) of this Article within 05 working days from the day on
which sufficient and satisfactory documents are received by Department of
Finance.
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4. Application for refund of deposit
4.1. An application for refund of 50% of deposit
after the investor completes procedures for land use and initiation of project
construction consists of:
a. A written request for refund of deposit made
by the investor.
b. An
authenticated or notarized copy of land allocation record.
c. A report on result of project execution up to
the time of initiating the project construction.
d. Documents proving completion of procedures
for land use and initiation of project construction.
dd. The person that directly submits the
application must have the investor’s power of attorney (in case the investor
does not come) and ID card.
4.2. An application for refund of remaining
deposit consists of:
a. A written request for refund of deposit made
by the investor.
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c. The acceptance record.
d. The record on project inauguration.
dd. The person that directly submits the
application must have the investor’s power of attorney (in case the investor
does not come) and ID card.
Article 6. Actions against
violations
After the deadline for project execution, if the
investor fails to or is not able to sticks to the project execution schedule
and is not permitted to extend the schedule, the deposit and interest thereon
will be forfeited and transferred to the provincial budget under the decision
of the People’s Committee of Quang Binh province, and the project execution will
be terminated. The People’s Committee of Quang Binh province is not responsible
for compensation for any damage incurred by the investor because of the project
execution. The forfeited deposits will be used for social security and welfare
in the areas affected by the project as the top priority.
Chapter III
IMPLEMENTATION
Article 7. Transition
With regard to the land-using projects whose
investment policies have been approved and those granted certificates of
investment before the effective date of this Regulation, if extension of
schedule is requested, the investors must make a commitment to stick to the
schedule and pay deposits to ensure project execution in accordance with this
Regulation in order to obtain permission for schedule extension.
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1. Department of Planning and Investment
shall:
a. Advise the People’s Committee of Quang Binh
province about approval for investment policies, schedule extension, and
requesting investors to pay deposits in accordance with this Regulation with
regard to the projects in the fields under the management of Department of
Planning and Investment.
b. Take charge and cooperate with other agencies
in monitoring the execution and completion of projects; propose revocation or
renewal of investment policies in case investors fall behind schedule.
c. Take charge and cooperate with other agencies
in making and submitting annual reports on implementation of this Regulation to
the People’s Committee of Quang Binh province.
2. Department of Finance shall:
a. Open accounts at commercial banks in the
province to receive and manage deposits paid by investors in accordance with
this Regulation.
b. Publish the procedures, forms for deposit
payment of the website of Department of Finance after the procedures are
established by the People’s Committee of Quang Binh province.
c. Monitor, manage deposits according to
applicable regulations; refund deposits to investors; forfeit deposits in case
of violations and transfer them to state budget as prescribed.
d. Submit biannual reports to the People’s
Committee of Quang Binh province on payment of deposit for assurance of project
execution, send them to Department of Planning and Investment, Department of
Natural Resources and Environment, and Economic Zone Management Board for
implementation in cooperation.
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a. Advise the People’s Committee of Quang Binh
province about approval for investment policies, schedule extension, and
requesting investors to pay deposits in accordance with this Regulation with
regard to the projects in the fields under the management of Economic Zone
Management Board.
b. Take charge and cooperate with other agencies
in monitoring the execution and completion of projects under the management of
Economic Zone Management Board; propose revocation or renewal of investment
policies in case investors fall behind schedule.
4. Relevant agencies, the People’s Committees
of districts shall provide guidance and inspect the implementation of this
Regulation within the ambit of their competence.
5. Investors have the responsibility to
execute their projects in accordance with law, stick to the promised schedule,
and pay deposits in accordance with the Regulation; comply with decisions on
actions against violations issued by the People’s Committee of Quang Binh
province in case of failure to adhere to the promised schedule and targets
against the Law on Investment, the Law on Land, this Regulation, and relevant
legislative documents.
Article 9. Difficulties that arise during the implementation of this
Regulation should be reported in writing to the Department of Planning and
Investment for reporting to the People’s Committee of Quang Binh province for
consideration./.