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THE MINISTRY OF
FINANCE
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 179/1998/QD-BTC
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Hanoi, February 24,
1998
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DECISION
TO ISSUE THE REGULATION ON THE LAND, WATER SURFACE AND SEA
SURFACE RENTS APPLICABLE TO FOREIGN INVESTMENT FORMS IN VIETNAM
THE MINISTER OF FINANCE
Pursuant to the Law on Foreign Investment in
Vietnam of November 12, 1996;
Pursuant to the Land Law of July 14, 1993;
Pursuant to Decree No. 12-CP of February 18, 1997 of the Government detailing
the implementation of the Law on Foreign Investment in Vietnam and Decree No.
10/1998/ND-CP of January 1, 1998 of the Government on a number of measures to
encourage and guarantee foreign direct investment activities in Vietnam,
DECIDES:
Article 1.- To issue
together with this Decision the Regulation on the land, water surface and sea
surface rents applicable to foreign investment forms in Vietnam.
Article 2.- This
Decision takes effect 15 days after its signing and replaces Decision No.
1417-TC/TCDN of December 31, 1994 of the Minister of Finance.
Article 3.- The
ministers, the heads of the ministerial-level agencies and agencies attached to
the Government and the presidents of the People's Committees of the provinces
and cities directly under the Central Government shall, depending on their
respective functions, tasks and powers, have to direct the concerned units to
implement this Decision
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FOR THE MINISTER OF
FINANCE
VICE MINISTER
Pham Van Trong
REGULATION
ON THE LAND, WATER SURFACE AND SEA SURFACE RENTS APPLICABLE
TO FOREIGN INVESTMENT FORMS IN VIETNAM
(issued
together with Decision No. 179/1998/QD-BTC of February 24, 1998 of the Minister
of Finance)
Article 1.- Payers of
land, water surface or sea surface rents
Joint venture enterprises, enterprises with 100%
of foreign capital and parties to business cooperation contracts (hereafter
referred to as foreign invested enterprises) which are leased land, water
surface or sea surface by the State of the Socialist Republic of Vietnam
(hereafter collectively referred to as land lease) for project implementation
shall have to pay land rents in accordance with this Regulation.
Article 2.- Non-payers
of land rents
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- Joint venture enterprises to which the
Vietnamese parties contribute capital with land rents;
- Business cooperation contracts in the
product-sharing form under which the land rent is already included in the
portion of products shared to the Vietnamese parties.
2. The Vietnamese parties to the joint ventures
and business cooperation contracts defined in Clause 1 of this Article shall
have to pay land rents in accordance with this Decision.
Article 3.- The land,
water surface and sea surface rent rates are defined as follows:
1. Urban land:
1.1. Urban land is land within cities, towns and
townships as prescribed in Article 55 of the Land Law. The urban land rent rates
are prescribed as follows:
Calculation unit: USD/m2/year
Category of urban land
Minimum rent
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Category 1
1.00
12.00
Category 2
0.80
9.60
Category 3
0.60
7.20
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0.35
4.20
Category 5
0.18
2.16
The list of the urban land categories is
included in Appendix 1 attached herewith.
1.2. For urban land in mountainous, deep-lying
and remote areas and areas with difficult socio-economic conditions, the land
rent rates shall be equal to 80% of the rates prescribed in Clause 1.1 of this
Article. Particularly for district townships in these areas, the land rent
rates shall be equal to 50% of the rates prescribed in Clause 1.1 of this
Article;
1.3. The urban land rent is determined as
follows:
The annualland rent
(USD/m2/year)
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The minimum rent rate
prescribed for each urban land category (USD/m2/year)
x
The location coefficient
x
The infrastructure
coefficient
x
The production-business
line coefficient
The coefficients are determined as follows:
a/ The location (site) coefficient:
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- The coefficient of 2.5 shall apply to Location
2 land lots with their frontages facing streets other than major thoroughfares
or facing lanes directly linking to main streets, which are convenient for
production, business, service and tourism activities and for daily life, and
capable of yielding less profits than Location 1 land and have an average
actual land price lower than the actual price of Location 1 land;
- The coefficient of 2 shall apply to Location 3
land lots with their fronts not facing any street, which are fairly convenient
for production, business, service and tourism activities and for daily life,
capable of yielding profits less than Location 2 land and have an average
actual land price lower than the average actual price of Location 2 land;
- The coefficient of 1 shall apply to Location 4
land lots without any sides facing any street or lane, which are less
convenient for production, business, service and tourism activities or daily
life and have the lowest land price in urban areas.
On the basis of the above-mentioned provisions
and depending on the characteristics of each urban area, when determining land
rent rates for those land lots that have conditions falling in between the
conditions of two kinds of location, a coefficient in between the two
coefficients of these two kinds of location may be applied.
b/ The infrastructure coefficient:
- The coefficient of 2 shall apply to land lots
that fully meet the following conditions:
+ Convenient communications;
+ There is a power supply facility near the
project implementation site which can meet the project's demand;
+ There is a water supply system near the
boundary of the project which can be used for the project.
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- The coefficient of 1.4 shall apply to land
lots that lack two of the above-mentioned conditions.
- The coefficient of 1 shall apply to land lots
that lack all of the three above-mentioned conditions.
c/ The production-business line coefficient:
- The coefficient of 1 shall apply to Group 1
production-business lines of power production and distribution, water supply
and drainage, mining, metallurgy, machinery, equipment and transport means
manufacturing, basic chemical, fertilizer and insecticide production, oil and
gas refining and petro-chemistry, oil and gas pipeline manufacturing ,
agricultural, forest, aquatic and marine product processing, agriculture,
forestry and fishery, medical examination and treatment, schools, production of
medicines, manufacture of medical, physical training and sports equipment and
instruments, treatment of pollution for environmental protection and treatment
of waste matters, construction of bridges, roads, infrastructure businesses,
construction of residential houses for sale or lease, industrial parks, export
processing zones, high-tech parks and high-tech production establishments;
- The coefficient of 1.5 shall apply to Group 2
production-business lines other than those of Groups 1 and 3;
The coefficient 2 shall apply to Group 3
production-business lines which includes trade and tourism, businesses in
hotels, restaurants, financial leasing, consultancy, brokerage, immovable
assets (except for infrastructure businesses and construction of houses for
sale or lease), finance, banking, insurance and auditing;
In cases where a project involves various
production-business lines with different coefficients, the land rent shall be
calculated for each production-business line on the basis of the land area used
for such line so as to determine the aggregate land rent. If it is impossible
to determine the land area used for each production-business line, the
production-business line coefficient applicable to the total land area rented
by the project shall be the coefficient of the project's principal
production-business line.
1.4. For urban districts or communes which are
newly established from suburban rural districts or communes, within 10 years
from the year the establishment decision is issued, the land rent rates
applicable thereto shall be lower than the urban land rent rates as follows:
- For Category 1 urban land, the minimum land
rent rate shall not be lower than the minimum land rent rate of Category 3
urban land;
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- For Category 3 urban land, the minimum land
rent rate shall not be lower than the minimum land rent rate of Category 5
urban land;
- For urban land of Categories 4 and 5, the
minimum land rent rate shall be equal to 50% of the rent rate prescribed for
such urban land;
2. Non-urban land:
Non-urban land is land not defined in Clause 1
of this Article, the non-urban land rent rate is prescribed as follows:
2.1. For residential land, special-purpose land,
agricultural land, forestry land, land with water surface for aquaculture,
unused land (which can be used for agriculture, forestry or aquaculture).
a/ For land of rural communes adjacent to inner
urban areas:
Calculation unit USD/m2/year
Category of communes
Minimum rent
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1.Communes that have a side adjacent to inner urban
area of Category 1
0.18
1.08
2. Communes that have a side adjacent to inner urban
area of Category 2
0.10
0.60
b/ Remaining areas:
Calculation unit USD/m2/year
Category of communes
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Maximum rent
Plain
0.060
0.360
Midland
0.045
0.270
Mountain
0.020
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The annual non-urban land
rent (USD/m2/year)
=
The minimum rent
prescribed for each category of communes
x
The location coefficient
x
The infrastructure
coefficient
x
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The coefficients are prescribed as follows:
The location (site) coefficient:
- The coefficient of 3 shall apply to Location 1
land lots that have at least one side adjacent to an urban area, to key
communication links or along a major axis road or adjacent to an industrial
zone, a trading or service area, which are convenient for production, business,
service and tourism activities and for daily life, and capable of yielding
highest profits and with the highest actual land price;
- The coefficient of 2.5 shall apply to Location
2 land lots adjacent to Location 1 land lots, fairly convenient for production,
business, service and tourism activities as well as for daily life, capable of
yielding less profits than Location 1 land and with an average actual land price
lower than the actual average price of Location 1 land;
- The coefficient of 2 shall apply to Location 3
land lots outside Locations 1, 2 and 4;
- The coefficient of 1 shall apply to Location 4
land lots that are far from roads, less convenient for production, business,
service and tourism activities as well as for daily life and with the lowest
average land price.
For those land lots with conditions that falling
in between the conditions of two kinds of location, a coefficient in between
the two coefficients applicable to these two kinds of location may be applied.
The infrastructure coefficient:
- The coefficient of 2 shall apply to land lots
that fully meet the following conditions:
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+ There is a power supply facility near the
project implementation site which can meet the project's demand;
+ There is a water supply system near the
boundary of the project which can be used for the project.
- The coefficient of 1.5 shall apply to land
lots that lack one or two of the above-mentioned conditions.
- The coefficient of 1 shall apply to land lots
that lack all of the three above-mentioned conditions.
c/ The production-business line coefficient of 1
shall be uniformly applicable to all production-business lines.
2.2. With regard to non-urban land which is
nether residential land nor special-purpose land and can not be used for
agricultural production, forestry or aquaculture, the land rent shall range
from 100 to 600 USD/hectare/year and the specific rent applicable to each project
shall be determined according to Clause 2.1 of this Article. Particularly for
land of rock mountains or bare hills hardly used for any purpose, if it is used
for projects outside the fields of industrial production, service, tourism or
trade, the land rent shall range from 30 to 100 USD/hectare/year;
The specific rent applicable to each project
shall be decided by the agency competent to license investment.
2.3. In cases where land is used for agricultural
production, forestry or aquaculture, the land rent shall be equal to 50% of the
rent prescribed in Clauses 1 and 2 of this Article.
3. Water surface and sea surface rents:
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Particularly for architectural works constructed
on water surface in inner urban area, the land rent applicable to urban land as
prescribed in Clause 1 of this Article shall apply.
3.2. The rent applicable to sea surface is from
150 to 600 USD/km2/year. In cases where an unfixed area of sea surface is
rented the rent between 1,500 and 7,500 USD/year shall apply.
4. The land rent equal to the minimum rent
prescribed for each category of land shall apply to the following projects:
- Projects that do not use land surface (not
affecting on-land production activities) but use the space above the land
(except for aviation operations) such as construction of fly-overs, conveyors
and the like;
- Mineral prospection, exploration and exploitation
projects involving regular use of land.
5. The following cases shall not be subject to
land rent:
- Mineral propspection and exploration,
construction of underground works without affecting the current use of land by
organizations and individuals but any damages caused thereby must be
compensated in accordance with the Law on Minerals;
- Underground mineral exploitation activities
without using land surface; but any damage caused thereby must be compensated
in accordance with the Law on Minerals.
Article 4.- Apart from
paying land rents according to the land rent rates prescribed in this
Regulation, organizations and individuals shall have to compensate the people
whose land is recovered and leased to them for the loss of land and property
thereon in accordance with the provisions of Vietnamese laws.
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Any adjustment to increase land rent rates shall
not apply to the following cases where:
1. The rent has been fully paid in advance for
the project's whole operating term and the rent rate has been already
determined or the rent has been paid prior to the time of adjustment;
2. The rent has been fully paid immediately in
the first year of each period of several years of land lease, during which the
rent rate is increased.
3. The Vietnamese parties are permitted by the
State to use land rents as capital contribution to the joint venture or to
business cooperation contracts with foreign organizations and/or individuals
and the land rent rate has been determined before the time of adjustment.
Article 6.- Competence
to determine land rent rates
Basing themselves on this Regulation and at the
proposal of the Directors of the provincial/municipal Departments of Finance,
the People's Committees of the provinces and cities directly under the Central
Government shall be entitled to:
- Decide the land rent rates applicable to
investment projects licensed by themselves;
- Make written proposals on the land rent rates
applicable to projects under the licensing competence of the Ministry of
Planning and Investment or the agency authorized by the Ministry of Planning
and Investment; in this case, the Ministry of Planning and Investment or its
authorized agency shall decide the land rent rates.
The Ministry of Finance shall give its comments
on the land rent rates only when so requested by the Ministry of Planning and
Investment, its authorized agency or provincial-level People's Committees.
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The time for starting to calculate a land rent
is the time an enterprise is assigned land for use. In cases where the land is
not assigned yet but the enterprise has used it, the time for starting to
calculate the land rent shall be from the time the enterprise uses the land.
Article 8.- Land rent
exemption and reduction
Following are cases eligible for land rent
exemption or reduction:
1. Investment projects in the forms of
Build-Operate-Transfer (BOT), Build-Transfer-Operate (BTO) or Build-Transfer
(BT) shall be entitled to land rent exemption or reduction as stipulated by the
Government.
2. Investment projects dealing in industrial
parks, export processing zones or high-tech zones shall be entitled to a 20%
reduction of the payable land rent.
3. During the capital construction period,
projects on construction of bridges, roads, airports, seaports, power plants,
afforestation, growing perennial industrial plants and perennial fruit trees which
are not specified in Clause 1 of this Article, shall be entitled to land rent
exemption and the remaining projects enjoy a 50% reduction of the land rent. In
cases where a project has different construction items or different phases of
construction, its capital construction period shall be that of the construction
item having the largest proportion of the project's investment capital.
Particularly for afforestation projects, they
shall be also entitled to a 90% reduction of the payable land rent even during
their operating term.
4. In cases where the land rent for several
years is paid in lump sum right in the first year, it shall be reduced as
follows:
- 5% reduction of the five year land rent, if
the rent is fully paid for the whole five years; if it is paid in lump sum for
a period of more than five years, each additional year shall be entitled to 1%
reduction of the payable land rent but the total amount of reductions must not
exceed 25% of the land rent to be paid for such period of time;
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5. The land rent exemption or reduction under
this Decision shall only apply to projects licensed from the effective date of
this Decision.
Article 9.- Provisions
on the land rent payment
1. The payment of land rents is prescribed as
follows:
1.1. Enterprises shall have to submit the
declaration for land rent payment and relevant documents to the land rent
collecting agency not later than one month from the time for calculating the
land rent as prescribed in Article 7 of this Regulation.
1.2. The basis for calculating a land rent
includes the leased land area, the lease duration and the land rent rate, of
which:
- The leased land area is the actually assigned
area of land;
- The duration of the land lease is the duration
stated in the land lease decision issued by a competent State agency;
- The land rent rate is determined according to
the decision issued by a competent State agency defined in Article 6 of this
regulation.
1.3. The land rent shall be calculated on the
yearly basis. Particularly for the first and last years of the land lease
duration, it shall be calculated for the number of months of actual use of land
in such years.
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1.5. The land rent shall be paid either in the
US dollar or Vietnam dong; If it is paid in the Vietnamese currency, it shall
be converted into the US dollar (USD) at the average exchange rate on the
inter-bank foreign currency market announced by State Bank at the time of
payment.
1.6. The land rent shall be remitted to the
State Budget at the State Treasury as designated by the collecting agency and
according to the State budget classification currently in force. In cases where
any excess amount of the land rent is paid, such amount shall be deducted from
the land rent to be paid for the following period, if there is no following
period, the extra mount shall be refunded from the State budget.
2. In cases where organizations and individuals
cooperate with Vietnamese organizations permitted to rent the State-owned land
for construction of residential houses, they shall have to pay the land rent
till the land lease term expires. Organizations and individuals that purchase
residential houses shall have to pay the land use levy in accordance with the
provisions of Vietnamese laws.
Article 10.- Land rents
in a number of special cases
1. For Vietnamese organizations and individuals
that are permitted by the State to use their land use right as capital
contribution to joint ventures and business cooperation contracts with foreign
organizations and individuals, the value of the land use right shall be agreed
upon by the involved parties but not lower than the land rent calculated
according to the land rent rates set forth in this Regulation.
2. In special cases, for land in downtown areas
that are capable of yielding specially high profits and commercially
advantageous, a land rent rate higher than the land rent rate set forth in this
Regulation may be set for such land area given that it is so agreed upon by the
foreign party and approved by the investment licensing agency.
Article 11.- Provisions
on handling of violations; commendation and settlement of complaints
1. Handling of violations
- Violations of the regulations on the
registration, declaration and payment of land, water surface and sea surface
rents shall be sanctioned in accordance with the provisions of Decree No. 22-CP
of April 17, 1996 of the Government on sanctions against administrative
violations in the field of taxation;
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2. Complaints
Enterprises shall be entitled to lodge
complaints about the matters related to land rent (excluding those related to
the determination of the leased land areas) with the agency that decides land
rent rates.
In cases where an enterprise disagree with the
decision of the People's Committee or the agency competent to grant investment
licenses, it shall be entitled to lodge its complaints with the Ministry of
Finance. Within 30 days after the receipt of the written complaint, the
receiving agency shall have to settle it; for a more complicated case, the time
limit for settlement shall not exceed 45 days.
3. Any organization or individual that abuses
its position or power to misappropriate or cause losses of land rents shall
have to compensate the whole misappropriated or lost money and shall be,
depending on the seriousness of violation, disciplined, administratively
sanctioned or examined for penal liability in accordance with the provisions of
law.
4. The people who help detecting the violations
prescribed in this Regulation shall be commended and rewarded according to
general regulations of the State.
Article 12.-
Implementation provisions
1. Foreign-invested enterprises and parties to
business cooperation contracts shall have to strictly abide by this Regulation.
2. The General Department of Taxation shall have
to direct the local tax Departments to organize the collection of land rents in
accordance with this regulation.
3. The Departments of Finance of the provinces
and cities directly under the Central Government shall have to:
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- Periodically report to the Ministry of Finance
the land rent rates applicable to the licensed investment projects operating in
their respective localities.
4. The Department for Management of Public
Properties shall have to assume the prime responsibility and coordinate with
the concerned units in guiding and determining the land rent and land rent rate
for each specific project at the request of a branch or locality; and inspect
the implementation of this Decision.
5. This Regulation shall only apply to projects
that are licensed after this Regulation takes effect. For cases where the land
rent rates have been decided by the competent State agency according to legal
documents issued before the effective date of this Regulation, the provisions
of such documents shall apply.
The Ministry of Finance may consider and adjust
too unreasonable land rent rates set forth before the issuance of this
Regulation at the proposal of the provincial-level People's Committees.
6. Any problems arising in the course of implementation
should be reported to the Ministry of Finance for study and settlement.
APPENDIX
LIST OF CATEGORIES OF URBAN AREAS
Category 1: Inner areas of Ha Noi city
and Ho Chi Minh City.
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Category 3: Inner areas of the following
cities, provincial and district towns:
1. Gia Lam
2. Van Dien (Thanh Tri)
3. Cau Dien (Tu Liem)
4. Ha Dong
5. Duc Giang
6. Hue
7. Da Nang
8. Nha Trang
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10. Hoc Mon
11. Binh Chanh
12. Thu Duc
Category 4: Inner areas of the following
cities, provincial and district towns:
1. Dong Anh 8. Nam Dinh 15. Thanh Hoa
2. Yen Vien 9. Ninh Binh 16. Tan An
3. Soc Son 10. Phu Ly 17. Can Tho
4. Bac Ninh 11. Phuc Yen 18. Thu Dau Mot
5. Hai Duong 12. Viet Tri 19. Da Lat
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7. Ha Long 14. Quy Nhon 21. My Tho
Category 5: Inner areas of the remaining
cities, provincial and district towns.-
CIRCULAR
No.25/1998/TT-BTC
OF MARCH 4, 1998 AMENDING AND SUPPLEMENTING CIRCULAR No.78/1997/TT-BTC OF
NOVEMBER 4, 1997 OF THE MINISTRY OF FINANCE
On November 4, 1997 the Ministry of Finance
issued Circular No.78/1997/TT-BTC to provide guidance on tax and financial
preferences for cooperatives in accordance with Decree No.15-CP of February 21,
1997 of the Government.
In order to encourage cooperatives to transform
and re-register as prescribed in Decree No.16-CP of February 21, 1997 of the
Government and to operate in the spirit of the Law on cooperatives and
proceeding from the Prime Minister's opinions in Document No.6-CP/KTN of
January 6, 1998 of the Government, the Ministry of Finance hereby makes the
following amendments and supplements to a number of points in Circular
No.78/1997/TT-BTC of November 4, 1997:
1. Point 1, Section I of Circular No.78/1997/TT-BTC
of November 4, 1997 on the scope of application is amended and supplemented as
follows:
"1.- Scope of application:
"1.-The subjects that are entitled to the
tax and financial preferences under this Circular include: cooperatives, unions
of cooperatives and the people's credit funds (hereafter collectively referred
to as cooperatives) which have been granted business registration certificates
under the Law on Cooperatives, including cooperatives which were registered and
operating before the effective date of the Law on Cooperatives and have been
transformed and registered their business in accordance with the Law on
Cooperatives and Decree No. 16-CP of February 21, 1997 of the Government."
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3. The first paragraph of Point 1, Section II of
Circular No. 78/1997/TT-BTC of November 4, 1997 is amended and supplemented as
follows:
"Cooperatives which have been granted
business registration certificates under the Law on Cooperatives shall enjoy
turnover tax and profit tax exemption and/or reduction like newly established
units as prescribed by the legislation on turnover tax and profit tax, as
follows:"
4. Point 1-d, Section II of Circular No.
78/1997/TT-BTC of November 4, 1997 on turnover tax and profit tax exemption
and/or reduction is amended and supplemented as follows:
"d/ Cooperatives engaged in manual loading
and unloading of merchandises and cooperatives engaged in the provision of
power supply services for farmers' households shall be entitled to turnover tax
reduction for two years (24 months) from the time they are granted business
registration certificates under the Law on Cooperatives and to profit tax
exemption for the first two years (24 months) from the time the taxable profit
is generated."
5. Point 2, Section II of Circular No.
78/1997/TT-BTC providing guidance on license tax is supplemented and amended as
follows:
"The imposition of license tax on
cooperatives should depend on the degree of the production relationship and the
business and production organization of each cooperative.
Specifically:
Cooperatives shall pay license tax according to
Point 2, Section I of Circular No. 69-TC-TCT of November 5, 1996 of the
Ministry of Finance;
Shops, stores and dependent cost-accounting
business units of cooperatives shall pay license tax according to Point 3,
Section I of Circular No. 69-TC/TCT of November 5, 1996 of the Ministry of
Finance;
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6. Point 3, Section II of Circular No. 78/1997/TT-BTC
providing guidance on registration fee is supplemented and amended as follows:
"Cooperative members' production means
(subject to registration fee) for which registration fee has been paid and
which are contributed as capital to cooperatives, shall be exempt from
registration fee when the cooperatives register their right to own or use these
means;
Production means which the cooperatives have
registered their right to own or use shall not be subject to registration fee
when they are transferred among the cooperative members for use;
In cases where a cooperative returns production
means to its members, these members shall have to pay registration fee when
registering their right to own or use them.
7. This Circular takes effect from the effective
date of Circular No. 78/1997/TT-BTC of November 4, 1997 of the Ministry of
Finance