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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: 81/1999/TT-BTC
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Hanoi, June 30, 1999
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CIRCULAR
GUIDING A NUMBER OF MEASURES TO ENCOURAGE
FOREIGN DIRECT INVESTMENT, REGARDING LAND RENTALS UNDER THE PRIME MINISTER’S DECISION No. 53/1999/QD-TTg OF MARCH 26, 1999
Pursuant to the Law on Foreign Investment in
Vietnam of November 23, 1996;
Pursuant to the Government’s
Decree No.12/CP of February 18, 1997 detailing the implementation of the Law on
Foreign Investment in Vietnam;
Pursuant to Article 10 and Clause 4, Article 11 of the Prime Minister’s Decision No.53/1999/QD-TTg of March 26, 1999 on a
number of measures to encourage foreign direct investment;
Pursuant to the Finance Minister’s
Decision No. 179/1998/QD-BTC of February 24, 1998 promulgating the Regulation
on land, water surface and sea surface rents applicable to foreign investment
forms in Vietnam.
The Ministry of Finance hereby guides the implementation of a number of
provisions on land-rental preferences, reduction and exemption for foreign
direct investment projects in Vietnam as follows:
I. OBJECTS AND SCOPE OF APPLICATION
Joint-venture enterprises, enterprises with 100%
foreign capital and foreign parties to business cooperation contracts under the
Law on Foreign Investment in Vietnam (hereafter referred collectively to as
foreign-invested enterprises), which are leased land by the State of the
Socialist Republic of Vietnam shall enjoy land-rental preferences, reduction or
exemption as follows:
- Foreign- invested enterprises, which meet with
difficulties in the implementation of their projects and thereby have to halt
the construction or operation, shall be entitled to land-rental reduction or
exemption during the time of such halt;
- Foreign- invested enterprises shall be
entitled to the lowest rent rate when renting land for investment in the
construction of workers’ dwelling houses and
infrastructure projects (educational, training, medical establishments’) outsides fences of industrial parks and such
foreign-invested enterprises.
II. ON LAND-RENTAL REDUCTION AND EXEMPTION
FOR PROJECTS WITH CONSTRUCTION OR OPERATION BEING HALTED
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1.1. A foreign-invested enterprise, which meets
with difficulties and thereby has to halt the construction of a project, shall
be exempt from the rental on the land area rented for the construction of the
project during the period of construction halt;
1.2. A foreign-invested enterprise being engaged
in production and/or business, which meets with difficulties and thereby has to
halt its operation, shall be exempt from the land-rental during the period of
operation halt;
1.3. During the period of construction or
operation halt, if a foreign-invested enterprise uses part of the rented land
for production and/or business activities, it shall enjoy 50% reduction of the
rental payable for such land area.
2. Procedures for and competence to decide
land-rental exemption/reduction
2.1. A foreign-invested enterprise, which meets with
difficulties in the implementation of a project and thereby has to halt the
construction or operation, shall have to compile and submit a dossier of
application for land-rental reduction or exemption to the Tax Department of the
province or centrally-run city where such enterprise registers the payment of
tax. Such a dossier shall include:
- A written request for land-rental reduction or
exemption, which clearly states the reason(s) for and the duration of halting
the construction or operation;
- A written approval by the investment licensing
agency (the Ministry of Planning and Investment or the People�s Committee of the province or centrally-run city)
of the duration of halting the construction or operation of the concerned
foreign-invested enterprise.
2.2. The heads of the Tax Departments of the
provinces and centrally-run cities shall have to inspect, determine and effect
the land-rental reduction or exemption corresponding to the actual duration of
halting the construction or operation of the foreign-invested enterprises and
within the duration already approved by the investment licensing agencies as
prescribed in this Circular.
3. If a foreign-invested enterprise has
paid the land rental in lump-sum for many years, the land-rental
reduction/exemption amount according to this Circular shall be deducted into
the land rental amount payable for the subsequent period; if the land-lease
term has expired, such enterprise shall be refunded the land-rental
reduction/exemption amount by the State budget.
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III. LAND-RENT RATES FOR INVESTMENT IN THE
CONSTRUCTION OF WORKERS’
DWELLING HOUSES AND INFRASTRUCTURE PROJECTS (EDUCATIONAL, TRAINING, MEDICAL
ESTABLISHMENTS…) OUTSIDES THE FENCES
OF INDUSTRIAL PARKS AND FOREIGN-INVESTED ENTERPRISES
1. According to the Regulation on land,
water surface and sea surface rents applicable to foreign investment forms in
Vietnam, issued together with the Finance Minister’s
Decision No.179/1998/QD-BTC of February 24, 1998, the land-rent unit rate for
urban land (Clause 1, Article 3) and non-urban land (Clause 2, Article 3) shall
be determined as follows:
Land-rent rate (USD/m2/year) = The minimum rent
rate set for each group of urban areas and non-urban land (USD/m2/year) x The
location coefficient x The infrastructure coefficient x The business line
coefficient
The coefficients shall be applied as follows:
- The location coefficient has 4 levels (1 or 2;
2.5; 3), which shall apply depending on the location of the land lot;
- The infrastructure coefficient has 4 levels (1
or 1.4; 1.7; 2) for urban land and 3 levels (1 or 1.5; 2) for non-urban land,
which shall apply depending on the infrastructure conditions of the rented land
lot;
- The business line coefficient has 3 levels (1
or 1.5 and 2) for urban land and 1 level (1) for non-urban land, which shall
apply depending on the production/business lines of the project.
2. The land-rent unit rate applied to
foreign-invested enterprises, which are leased land by the competent State
agencies for the construction of workers dwelling houses, schools, hospitals
and other infrastructure projects outsides the fences of industrial parks and
foreign-invested enterprises, which are entitled to the lowest land-rent rate,
shall be the minimum rent rate set for each group of urban areas, regarding the
urban land in Point 1.1, Clause 1; and for each category of communes, regarding
the non-urban land in Points 2.1 and 2.2, Clause 2, Article 3 of the Regulation
on land, water surface and sea surface rents applicable to foreign investment
forms in Vietnam, issued together with the Finance Minister’s Decision No.179/1998/QD-BTC of February 24, 1998,
without applying coefficients (the location, infrastructure and business line
coefficients).
3. The land-rent rates stipulated in
Point 2 of this Section shall be decided by the People’s
Committees of the provinces and centrally-run cities at the proposal of the
provincial/municipal Finance-Pricing Departments.
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This Circular takes effect as from July 1st,
1999.
In the course of implementation, if any problem
arises, it should be promptly reported to the Ministry of Finance for
consideration and settlement.
THE MINISTRY OF
FINANCE
Le Thi Bang Tam