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GOVERNMENT OF
VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 91/2025/ND-CP
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Hanoi, April 24,
2025
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DECREE
on the time of determining land prices of the land
bank for payment under Build – transfer contracts at the Thu thiem New Urban
Area, Ho Chi Minh City
Pursuant to the Law on Government Organization
dated February 18, 2025;
Pursuant to the Law on Promulgation of
Legislative Documents dated February 19, 2025;
Pursuant to the Law on Land dated January 18,
2024;
Pursuant to the Law on PPP Investment dated June
18, 2020;
At the request of the Minister of Finance;
The Government hereby promulgates a Decree on
the time of determining land prices of the land bank for payment under Build –
transfer contracts at the Thu thiem New Urban Area, Ho Chi Minh City
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1. This Decree provides for the time for
determining land prices of land banks for payment in investment projects under
Build-Transfer (BT) contracts in the Thu thiem New Urban Area, Ho Chi Minh
City, according to Inspection Conclusion No. 1037/KL-TTCP dated June 26, 2019,
by the Government Inspectorate, including:
a) Investment projects to build 04 main roads in
the Thu Thiem New Urban Area;
b) Investment projects to build Thu Thiem 2
Bridge;
c) Investment projects to build technical
infrastructure in the Northern residential area and complete the North-South
axis road in the Thu Thiem new urban area.
2. This Decree applies to regulatory agencies,
investors, organizations and individuals related to the implementation of BT
projects specified in clause 1 of this Article.
Article 2. Principles of
implementation
1. Ensure that the authority, procedures, and
processing methods are in accordance with the relevant laws at the time of
initialing a BT Contract.
2. Strictly implement the inspection conclusions
that have come into effect; only consider, address, and remove difficulties and
obstacles in the implementation of the inspection conclusions if the causes of
violations or misconduct are due to the fault of state management agencies or
the fault of both state management agencies and investors.
3. Inspect, supervise, and strictly handle
organizations and individuals who exploit the implementation of this Decree for
corruption and negative actions; prevent the emergence of new violations.
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5. Ensure that there is no loss of state assets.
Article 3. Conditions for
application
The BT projects specified in Article 1 of this
Decree shall be subject to Article 4 of this Decree when they meet all of the
following conditions:
1. BT contracts are initialed in accordance with
law on the authority to sign contracts and the guidelines approved by the Prime
Minister concerning the assignment of other projects for investors to
concurrently implement with the BT Projects, to commence construction after the
parties have initialed the contracts.
2. The content of an officially signed BT Contract
remains unchanged compared to the content of an initialed BT Contract
regarding:
a) The objectives and scope of the project;
b) Total investment capital of the BT project;
c) Payment method for investor.
3. There is evidence to confirm that the investor
has commenced a BT Project immediately after initialing a BT Contract.
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5. The determination of the value of a BT Project
shall serve as the basis for payments in accordance with the principle of not
increasing the total investment capital throughout the entire effective period
of the BT Contract; the final settlement value of the BT Project shall not
exceed the total investment capital of the BT project as stated in the
contract.
Article 4. The time for
determining specific land prices of land banks for payment under BT contracts
and for calculating land levies and land rents for projects in the Thu Thiem
New Urban Area, Ho Chi Minh City.
1. For the area used to compensate the investor for
the implementation of a BT Project based on the principle of offsetting between
the total investment capital of the BT Project and the value of the land bank
for compensation, the time of determining land prices is the time of initialing
a BT Contract.
2. Regarding the differential land area between the
area of the land bank for payment stipulated in an initialed BT contract and
the land area after offsetting according to the provisions in Clause 1 of this
Article, where the total value of the land bank for payment exceeds the total
investment capital of the BT project (hereinafter referred to as “the
differential land area”), land levies and land rents shall be paid as follows:
a) The investor shall pay additional land levies
and land rents for the differential land area in accordance with land laws;
b) The collection and payment of land levies, land
rents, and land prices for calculating land levies and land rents for the
differential land area shall be determined in accordance with the provisions of
Article 257 of the Land Law No. 31/2024/QH15 and the Decrees of the Government
elaborating the Land Law;
c) In cases where the investor has made a payment
into the budget of the City as stipulated in the initialed contract at the time
of initialing the contract and according to the Inspection conclusion No.
1037/KL-TTCP dated June 26, 2019 from the Government Inspectorate, this amount
of payment shall be recorded for deduction against the land levies and land
rents that the investor is required to pay as stipulated in point a of this
clause.
3. In the event that, after the settlement of a BT
Project and the offsetting is carried out in accordance with the provisions of
Clauses 1 and 2 of this Article, there is a discrepancy between the value of
the land bank for payment and the value of the settled BT Project, the People's
Committee of Ho Chi Minh City and the investor shall make the payment for the
discrepancy in accordance with the provisions of the BT Contract.
4. The land used for payment for the investor to
implement a BT Project and the differential land area shall be allocated with
land levy payment or leased out under one of arrangements in accordance with
the regulations of land law.
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Article 5. Implementation
1. The People's Committee of Ho Chi Minh City is responsible
for reviewing to ensure that the BT Projects fully meet the conditions
stipulated in Article 3 of this Decree, including:
a) Conduct a review of the contents of the
initialed BT contract and the officially signed BT contract for each project to
establish a basis for determining compliance with the conditions specified in
Clause 2, Article 3 of this Decree. In the event of any discrepancies between
the officially signed BT Contract and the initialed BT Contract, one of the
following two methods shall be implemented:
- The People's Committee of Ho Chi Minh City has
reached an agreement with the investor to amend and supplement the officially
signed BT Contract in accordance with the initialed BT Contract.
- The People's Committee of Ho Chi Minh City shall
carry out the contents agreed upon with the investor in the initialed contract
in accordance with the provisions of Article 4 of this Decree; decide and be
responsible for the remaining contents including land allocation, land lease,
calculation of land levies, and land rents for the implementation of other
projects agreed upon in the official signed contract, ensuring compliance with
the law.
b) Review and identify the basis for asserting that
the investor implements the BT Project immediately after initialing the BT
Contract as a basis for determining compliance with the conditions specified in
Clause 3, Article 3 of this Decree.
c) Review and re-establish the boundaries,
location, area, and land price of the land area, the decision on allocation or
lease of which has been issued to be used for payment to the investors as
stipulated in Clause 1, Article 4 of this Decree; determine the boundaries,
location, area, and land price for the additional land area to be allocated or
leased in case the previously allocated area is insufficient for the offsetting
as provided in Clause 1, Article 4 of this Decree (if applicable); review and
establish the boundaries, location, area, and land price of the differential
land area as stipulated in Clause 2, Article 4 of this Decree. In cases where
the value of the land bank for payment changes after the re-determination of
land prices, an Appendix of the officially signed BT contract shall be signed
with the investor in order to update the value of the land bank for payment.
d) Review the decisions on land allocation and land
lease that have been issued to consider the adjustment or issuance of decisions
on additional land allocation and land lease, ensuring compliance with the
provisions of land law.
2. In addition to the responsibilities stipulated
in Clause 1 of this Article, the People's Committee of Ho Chi Minh City has the
following responsibilities:
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b) Take charge and cooperate with the Government
Inspectorate in inspecting and supervising the implementation of projects in
accordance with the provisions of this Decree and relevant laws; strictly
handle organizations and individuals that exploit the implementation of this
Decree for corruption and misconduct (if any);
c) Cooperate with investors and relevant agencies
in implementing projects in accordance with the provisions of this Decree and
related laws, ensuring compliance with the principles stipulated in Article 2
of this Decree.
3. Investors are responsible for:
a) Coordinate with the People's Committee of Ho Chi
Minh City and relevant authorities to carry out the responsibilities specified
in Clauses 1 and 2 of this Article;
b) Regarding the accuracy of the records and
documents related to the organization and implementation of BT Projects
immediately after the initialing BT Contracts;
c) Complete BT Projects in accordance with the
schedule specified in the officially signed BT Contracts and implement the
conclusions of the Government Inspectorate and the State Audit.
d) Pay the additional land levies and land rents as
prescribed in Clause 2, Article 4 of this Decree to the City’s budget.
4. The People's Committee of Ho Chi Minh City is
responsible for issuing specific land price decisions, calculating land levies
and land rents for land banks used for payment in accordance with the
provisions of Clause 1, Article 4 of this Decree, and making additional
payments as prescribed in Clause 2, Article 4 of this Decree; notifying and
collecting land levies and land rents in accordance with the law on land
levies, land rents, and ensuring that investors fulfill their land-related
financial obligations for projects before January 1, 2030.
Article 6. Effect
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2. This Decree shall cease to be effective when the
People's Committee of Ho Chi Minh City and the investors fulfill the
responsibilities stipulated in Clause 4, Article 5 of this Decree.
3. The Chairperson of the People's Committee of Ho
Chi Minh City and the agencies and units under the People's Committee of Ho Chi
Minh City are responsible for the implementation of this Decree./.
ON BEHALF OF
THE GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha