1. Regarding determining the cost of protecting and developing rice land
The principles of construction investment cost management have been specifically stipulated in the Construction Law and Decrees on construction investment cost management over time.
Accordingly, construction investment costs must be calculated correctly and fully for each project and construction...
Decree 35/2023/ND-CP dated June 20, 2023 amending and supplementing a number of articles of Decrees in the field of state management of the Ministry of Construction, has clarified the costs of protecting and developing arable land. Rice is included in compensation, support and resettlement costs in the total construction investment of the project.
Thus, for construction investment projects, the cost of protecting and developing rice land is included in the total construction investment.
In case this cost is undercounted or not included in the total investment, it is necessary to clearly determine the responsibilities of the relevant entities according to the provisions of law; At the same time, based on the provisions of land law, other relevant laws, project capital sources and project implementation period, report to the investment decision maker to calculate additional costs in the total. investment level (if allowed to be supplemented and in the cases where the total investment level can be adjusted according to regulations, including late payment costs, if any).
For completed construction investment projects, it is recommended that the Hanoi People's Committee seek advice from the Ministry of Finance for guidance on determining costs for protecting and developing rice land.
2. Regarding late payment of money to protect and develop rice land
According to the provisions of Clause 3, Article 1 of Decree 62/2019/ND-CP dated July 11, 2019 amending and supplementing a number of articles of Decree 35/2015/ND-CP dated April 13, 2015 on management and use of cultivated land paddy:
In case of late payment of money for protection and development of rice land, the person allocated or leased land will have to pay additional late payment money according to the provisions of law on tax administration.
Therefore, it is recommended that the Hanoi People's Committee synthesize the opinions of the Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Ministry of Natural Resources and Environment for guidance on determining late payment interest.
