THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
71/2001/ND-CP
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Hanoi,
October 05, 2001
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DECREE
ON INVESTMENT PREFERENCES FOR THE CONSTRUCTION OF DWELLING
HOUSES FOR SALE AND LEASE
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the July 14, 1993 Land Law; the December 2, 1998 Law Amending and
Supplementing a Number of Articles of the Land Law and the June 29, 2001 Law
Amending and Supplementing a Number of Articles of the Land Law;
Pursuant to the November 12, 1996 Law on Foreign Investment in Vietnam and the
June 9, 2000 Law Amending and Supplementing a Number of Articles of the Law on
Foreign Investment in Vietnam;
Pursuant to the May 20, 1998 Law on Domestic Investment Promotion (amended);
At the proposal of the Minister of Construction,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
application
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Article 2.- Housing
projects eligible for favorable conditions and preferences
The following housing projects shall enjoy
favorable conditions and preferences (hereafter referred to as preferential
housing projects):
1. Projects on multi-storied dwelling houses
(with 5 stories or more for Hanoi and Ho Chi Minh cities, 3 stories or more for
other provinces and cities), with self-contained apartments, common stairs and
alleys (hereafter called condominiums).
2. Housing projects with residential land
accounting for at least 60% of the total land acreage for the construction of
condominiums.
Article 3.- Enterprises
enjoying favorable conditions and preferences
This Decree applies to enterprises of all
economic sectors that have registered their housing business under the
provisions of law, including:
1. Domestic enterprises:
a/ State enterprises set up and operating under
the State Enterprise Law;
b/ Enterprises set up and operating under the
Enterprise Law;
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d/ Cooperatives set up and operating under the
Law on Cooperatives;
e/ Enterprises directly invested in by overseas
Vietnamese in Vietnam; enterprises directly invested in by foreigners
permanently residing in Vietnam; enterprises set up jointly by Vietnamese
citizens, overseas Vietnamese and/or foreigners permanently residing in
Vietnam.
2. Foreign-invested enterprises under the Law on
Foreign Investment in Vietnam.
Article 4.- Forms of
selecting investors
The forms of selecting investors for housing
projects eligible for favorable conditions and investment preferences are
prescribed as follows:
1. Selecting investors being domestic
enterprises (hereafter referred collectively to as investment project owners):
a/ The investment project owners shall be
decided by the presidents of the People’s Committees of the provinces and
centrally-run cities (hereafter collectively referred to as the
provincial-level People’s Committees) where the projects are to be implemented;
b/ In cases where two or more investors are
registered to be investment project owner for one project, the provincial-level
People’s Committee shall select the investment project owner according to the
Bidding Regulation.
2. The selection of foreign investors to
participate in the investment and construction of dwelling houses eligible for
favorable conditions and investment preferences shall comply with the
provisions of the legislation on foreign investment in Vietnam.
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1. Condominium apartments shall be sold or
leased, first of all, to the following subjects that meet with accommodation
difficulties:
a/ Subjects enjoying salaries from the State
budget;
b/ Officials and public employees working in
enterprises of different economic sectors;
c/ Students of universities and colleges.
2. Dwelling houses of other types (if any) under
the projects may be sold or leased by investors to any of the following subjects
that have the demand therefor:
a/ To be sold or leased to Vietnamese citizens
residing in Vietnam;
b/ To be leased to overseas Vietnamese and
foreigners residing in Vietnam.
The permission for overseas Vietnamese to buy
dwelling houses in Vietnam shall comply with the Government’s specific
stipulations.
Article 6.- Sale prices
and rent rates of dwelling houses under preferential housing projects
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2. The sale prices and rent rates of dwelling
houses of other types (except for condominium apartments) within the scope of
projects (if any) shall be agreed upon by concerned parties.
Chapter II
CREATING CONDITIONS FOR
AND GIVING PREFERENCES TO DOMESTIC ENTERPRISES
Article 7.- Creating
conditions on investment and construction procedures
The investment project owners shall be given the
following favorable conditions on investment and construction procedures:
1. Basing themselves on the construction
planning and plans on the use of land for housing development announced by the
competent State agencies as well as their investment capabilities, enterprises
having demand may register with the provincial-level People’s Committees to
become investors or participate in bidding for becoming investors of housing
projects that enjoy favorable conditions and preferences.
2. For the areas with general plannings and
detailed plannings, already approved by the competent State agencies, the
housing project owners enjoying favorable conditions and preferences shall only
need to go through one step of making feasibility study reports. In cases where
a general planning has been elaborated for the project area but the detailed
planning to be approved by the competent agency is not available yet, the investor
may draw up a detailed planning for submission together with the feasibility
study report for approval. The cost of elaborating the detailed planning shall
be accounted in the total investment level of the project.
3. Basing themselves on the plannings already
approved by the competent agencies and the housing development programs of
their respective localities, the presidents of the provincial-level People’s
Committees shall decide on investment and ratify technical designs as well as
total cost estimates of housing projects entitled to favorable conditions and
investment preferences in their respective localities after receiving the
written appraisal records from the dependent specialized bodies.
4. Projects and project items within the scope
of preferential housing projects, for which technical designs have been
approved by the competent State agencies, shall be exempt from construction
permits.
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The investment project owners shall be given the
following conditions on compensation and ground clearance:
1. The investment project owners shall determine
the compensation and ground clearance plans as well as the land fund in service
of resettlement and submit them to the provincial-level People’s Committees for
approval. In case of necessity, to ensure the project implementation tempo,
investors may be supported with additional relocation funding but must ensure
the projects’ economic efficiency. This additional support funding must not be accounted
in the expenses for land-loss compensation for deduction from the payable land
use levy prescribed in Clause 2 of this Article or from other State budget
remittances (if any).
2. If an investment project owner assigned with
land must pay land use levy and land-loss compensation, the payable land-use
levy amount shall be used to cover the whole amount of compensation for the
loss of land under the project, which, however, must not exceed the total land
use levy amount to be paid by the investor. In cases where the investment
project owners are domestic enterprises meeting with capital difficulty, the
State shall create conditions for them to borrow capital for compensation and
ground clearance.
3. The investment project owners shall assume
the prime responsibility and coordinate with the local People’s Committees in
reaching agreement on the compensation plans, funding, ground clearance
schedule and account settlement as well as final settlement for the ground
clearance work. The local People’s Committees shall have to coordinate in
organizing the compensation payment and ground clearance according to the set
schedule and hand over the construction ground to contractors.
Article 9.- Creating
conditions on bidding for construction
The investment project owners shall be given
conditions on bidding as follows:
1. The bidding plans and results of bidding for
the construction and installation of housing projects stipulated in Article 2
of this Decree shall be considered and approved by the competent persons or
competent authorities according to the provisions of the Bidding Regulation.
The investment project owners may elaborate bidding plans and submit them
together with the feasibility study reports.
2. The investment project owners are allowed to
build by themselves or select contractors (without bidding) for the building of
projects, project items or bidding packages using more than 50% of investment
capital being their own lawful capital (self-procured capital or capital
advanced by organizations and/or individuals).
Article 10.- Creating
conditions on investment capital mobilization
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1. To be entitled to mobilize advance capital of
organizations and individuals that have demand for dwelling houses; to borrow
capital from credit institutions and apply other lawful capital mobilization
forms as prescribed by law.
2. To be considered by the State for capital
loans from the Development Assistance Fund or be provided with investment
credit guarantee according to the provisions of the Government’s Decree
No.43/1999/ND-CP of June 29, 1999 or borrow capital from the Housing
Development Fund or Urban Development Fund.
Article 11.- Creating
conditions on investment in building infrastructure works
The investment project owners shall be given
conditions on investment in building infrastructure works as follows:
1. The State shall invest from its budget in the
building of:
a/ Technical infrastructure works or items
(roads, electricity, water supply and drainage) outside the project’s premise,
linking to the common technical infrastructure system of the region;
b/ The national- or provincial-level technical
infrastructure works or items within the project area;
c/ A number of essential social infrastructure
works or items within the project area (if any).
2. In cases where the State budget fails to
apportion in time the investment capital for the works or items prescribed in
Clause 1 of this Article according to the project implementation tempo, the
investors may use other lawful capital sources for investment in order to put
the projects into operation as scheduled. This capital amount shall be deducted
from the land use levy amount and other amounts payable by the investors to the
budget as prescribed. In cases where the capital amount advanced by an investor
for the above-mentioned infrastructure construction is larger than the amount
payable to the State budget, the difference between the advanced investment
capital and the amount payable to the budget shall be refunded from the State
budget.
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Article 12.- Housing
development fund
1. Basing him/herself on the housing development
demand, conditions and program of the locality, the president of the
provincial-level People’s Committee may decide to set up a housing development
fund in order to mobilize capital from various sources in service of investment
in housing development in the locality according to the following stipulations:
a/ The housing development fund shall be
formulated from the following sources: State budget (proceeds from the sale of
State-owned houses, capital depreciation deducted from rentals of State-owned
houses, residential land use levy and other budgetary sources, if any); money
mobilized from or deposited by people having demand to buy dwelling houses,
support money, money voluntarily contributed by organizations and/or
individuals at home and abroad and other lawful capital mobilization forms
prescribed by law;
b/ The housing development fund shall operate on
the principle of preserving capital and covering expenses according to the
Regulation issued by the Finance Minister after reaching agreement with the
Minister of Construction;
c/ The housing development fund shall be used
for the following purposes:
- To be lent to domestic enterprises prescribed
in Clause 1, Article 3 of this Decree at low interest rates for investment in
the construction of preferential housing projects;
- To be lent to subjects salaried by the State
budget at low interest rates, for the purchase of dwelling houses.
- To be lent to domestic enterprises with
favorable credit conditions for investment in the construction of housing
projects.
2. The Finance Ministry shall coordinate with
the Ministry of Construction in guiding the management and use of housing development
funds in localities.
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Article 13.-
Preferences on land use levy, land rentals and land use tax
The investment project owners shall be given the
following preferences regarding the payment of land use levy and land use tax:
1. Preferences on land use levy:
a/ To be exempt from land use levy for the land
acreage used for construction of condominiums;
b/ To enjoy 50% reduction of land use levy for
the construction of dwelling houses other than condominiums within the project
area (if any);
c/ To be exempt from the land use levy for land
area used for the construction of dwelling houses of different types, provided
that the projects are carried out in the areas meeting with socio-economic
difficulties or exceptional socio-economic difficulties (as defined in Lists B
and C of the appendix attached to the Government’s Decree No.51/1999/ND-CP of
July 8, 1999).
d/ To be entitled to the deferred payment of
land use levy for the land acreage subject thereto according to the
construction schedule set for each project under decision of the
provincial-level People’s Committee, but the duration of deferred payment of
land use levy must not exceed 5 years after the land assignment.
2. Land-use tax preferences:
The investment project owners shall be exempt from
land use tax for 3 (three) years after the land assignment, for the land area
used for the construction of condominiums.
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1. The following enterprise income tax rates may
be applied to investment project owners:
a/ 15%, for condominiums and dwelling houses of
other types in the areas meeting with exceptional socio-economic difficulties
(prescribed in List C of the appendix attached to the Government’s Decree
No.51/1999/ND-CP of July 8, 1999);
b/ 20%, for condominiums and dwelling houses of
other types in the areas meeting with socio-economic difficulties (prescribed
in List B of the appendix attached to the Government’s Decree No.51/1999/ND-CP
of July 8, 1999);
c/ 25%, for condominiums and dwelling houses of
other types in other areas.
2. The Finance Ministry shall have to study
lower preferential tax rates for condominiums and submit them to the Government
for consideration and decision.
Chapter III
CREATING CONDITIONS AND
PROVIDING PREFERENCES FOR FOREIGN-INVESTED ENTERPRISES PARTICIPATING IN THE
CONSTRUCTION OF DWELLING HOUSES FOR SALE AND LEASE
Article 15.- Subjects
participating in the investment and construction of dwelling houses for sale
and lease
The State of Vietnam encourages foreign-invested
enterprises (hereafter referred collectively to as investors) to participate in
the construction of housing projects stipulated in Article 2 of this Decree in
urban areas according to the provisions of the legislation on foreign
investment in Vietnam.
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1. Investors making investment in the
construction of housing projects defined in Article 2 of this Decree may rent
land for project implementation according to the provisions of the current land
legislation.
2. In cases where investors are joint-venture
enterprises or parties to business cooperation contracts, to which the
Vietnamese side contributes capital with value of the right to use land
assigned by the State, such joint -venture enterprises or contractual parties
may continue using that land for investment in, building and trading of
dwelling houses.
Article 17.-
Land-rental preferences
Investors making investment in the construction
of housing projects defined in Article 2 of this Decree shall enjoy the
following land-rental preferences:
1. To be exempt from land rentals for the land
areas used for the construction of condominiums throughout the land-lease
duration.
2. To be exempt from land rentals for the first
3 (three) years after signing the land-lease contract for the land areas for
which the investors must pay the land rentals (except for the land areas used
for the construction of condominiums).
3. In cases where the project construction or
operation is suspended with approval of the State agency competent to lease
land, the investor shall enjoy 50% reduction of the land rental corresponding
to the suspension duration.
4. In cases where investors sell dwelling houses
other than condominiums, they must pay the use levy on the land (affixed with
the already sold dwelling houses), but with the land rental amounts they have
already paid being subtracted therefrom.
The Finance Ministry shall provide guidance on
the payment of land use levy when investors sell dwelling houses mentioned in
this Clause.
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Investors participating in the construction of
housing projects stipulated in Article 2 of this Decree shall enjoy the
following preferential enterprise income tax rates:
1. 10%, for condominiums and dwelling houses of
other types in the areas meeting with exceptional socio-economic difficulties
(defined in List A of the appendix attached to the Government’s Decree
No.24/2000/ND-CP of July 31, 2000).
2. 15%, for condominiums and dwelling houses of
other types in the areas meeting with socio-economic difficulties (defined in
List B of the appendix attached to the Government�s
Decree No.24/2000/ND-CP of July 31, 2000).
3. 20%, for condominiums and dwelling houses of
other types in other areas.
Article 19.- Handling
of problems at the end of investment duration
1. At the end of the investment durations
defined in their investment licenses, investors shall have to hand over without
compensation the whole infrastructure system under the project to the Vietnam’s
competent State agencies according to law provisions.
2. In cases where an investor wants to prolong
the investment duration, it may apply therefor according to the provisions of
the legislation on foreign investment in Vietnam. If the investor does not apply
for the investment duration extension, after 3 (three) months from the end of
its investment duration, the provincial-level People’s Committee of the
concerned locality shall coordinate with the investor in settling definitely
the project’s remaining problems according to the provisions of Vietnamese law.
Chapter IV
IMPLEMENTATION
PROVISIONS
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1. To assume the prime responsibility and
coordinate with the Ministry of Planning and Investment and the Finance
Ministry in guiding localities to work out programs and plans on investment in
housing projects entitled to favorable conditions and investment preferences,
and submit them to the Prime Minister for consideration and decision.
2. To coordinate with the concerned ministries
and branches in inspecting the implementation of this Decree; guiding the
provincial-level People’s Committees in reviewing the implementation situation
and making timely suggestions on amendments and supplements to issues related
to the policies on creating favorable conditions and providing preferences for
investment in building dwelling houses and submitting them to the Government
for consideration and decision.
3. To study the elaboration and promulgation of
regulations, rules and standards related to the designing and building of
dwelling houses; to study the application of technologies and new materials to
the housing development so as to meet the requirements on quality and tempo of
construction of dwelling houses.
4. To study the elaboration and promulgation of
the Regulation on management and use of condominiums.
Article 21.-
Responsibilities of the concerned ministries and branches
The Ministry of Planning and Investment, the
Finance Ministry, the General Land Administration, the State Bank of Vietnam
and the concerned ministries and branches shall, within the scope of their
respective functions and tasks, have to direct and guide the implementation of
policies on creating favorable conditions and providing preferences for
investment in building dwelling houses for sale and lease as prescribed in this
Decree.
Article 22.-
Responsibilities of the provincial-level People’s Committees
1. To direct their attached functional agencies
to work out 5-year housing development programs and annual housing plans;
residential land use plans and plans on the arrangement of investment capital
for building technical and social infrastructure works under the preferential
housing projects in their respective localities.
2. To announce dwelling house construction and
development planning and residential land use plans; to approve lists of
housing development projects entitled to favorable conditions and investment
preferences in their respective localities so that enterprises may register for
participation in investment; to consider and approve, according to their vested
competence, projects, technical designs and total cost estimates of the
constructions under housing projects eligible for favorable conditions and
investment preferences, with their investors being domestic enterprises.
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4. To specify subjects entitled to buy or rent
condominium apartments under housing projects eligible for favorable conditions
and investment preferences in their respective localities.
5. To organize the inspection and examination of
the contents and tempo of implementation of projects, modes of determining the sale
prices and rent rates of condominium apartments under housing projects eligible
for favorable conditions and investment preferences in their respective
localities; to handle (or propose the competent agencies to handle) violations
according to their vested competence.
6. To consider and work out specific solutions
to housing projects already ratified by competent authorities and being
implemented in localities in conformity with the contents prescribed in this
Decree.
7. To direct the reception and management of
housing projects after the investors finish their investment and business
activities according to law provisions..
Article 23.-
Implementation effect
1. This Decree takes effect 15 days after its
signing.
2. The ministers, the heads of the ministerial-level
agencies, the heads of the agencies attached to the Government and the
presidents of the People’s Committees of the provinces and centrally-run cities
shall have to implement this Decree.
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