On September 26, the Government Office announced that it had issued Notice No. 511/TB-VPCP on the conclusion of the Government Standing Committee on the draft Decree detailing the implementation of the project applying the type of Construction - Transfer contract.
According to the announcement, the development and issuance of a legal framework must be based on practical requirements, drawing in-depth experience from previous shortcomings to design and develop policies to ensure comprehensive innovation of implementation methods and payment to investors.
Maximize shortcomings and obstacles in implementation, meet practical requirements that need to be open to attract investors, while ensuring strictness, not creating loopholes to take advantage of policies that cause loss of state assets.
The Government Standing Committee notes that the payment land fund is a land fund subject to land recovery and is paid by the investor for site clearance; land allocation and land lease are only carried out when meeting the conditions prescribed by the land law.
The state budget source for payment to investors from public property auctions does not have to be included in the medium-term public investment plan.
The value of the land fund expected to be paid does not exceed the total approved investment of the BT project. Remove the regulation on a maximum difference of 10% for the value of land funds expected to be paid to investors because there is no legal basis.
Depreciation of advance site clearance funds for investors (including for BT project site and counterpart land fund) is compensation funds approved by the state according to the compensation, support and resettlement plan.
The land fund paid to investors must comply with the planning approved by competent authorities according to the provisions of relevant laws.
Land funds managed by state agencies are only interspersed land funds, accounting for a small proportion of the land area expected to be paid to investors and cannot be separated into independent projects, but are used to pay investors implementing BT projects.
In case the land fund or public assets are individual or are within the land fund expected to be paid and can be separated into independent projects, the auction must be conducted in the form of payment by the state budget.
Agree on 3 methods of land fund payment for investors implementing BT projects
The Government Standing Committee agreed on 3 methods of payment of land funds for investors implementing BT projects as proposed by the Ministry of Finance.
The Ministry of Finance reviews the draft and clearly stipulates the criteria for choosing the payment method, for example: for group C projects implemented under the one-time payment method after the BT project is completed; for group A, B, C projects implemented under the multiple payment method corresponding to the percentage of the acceptance volume of the BT project.
The provincial People's Committee shall pay the central budget according to the adjustment rate prescribed by the State Budget Law; assign the Ministry of Finance to supervise and ensure correct and sufficient payment according to regulations.
Interest rates are not regulated in this Decree but are implemented according to relevant laws. The Ministry of Finance shall consider and carefully study "collection and expenditure records" to ensure strictness and compliance with legal regulations.
