Chapter IX
LAND, CONSTRUCTION, BIDDING, PRE-ACCEPTANCE TEST, FINANCIAL SETTLEMENT OF PROJECTS
Article 85.- Land lease and payment of land rent
Foreign-invested enterprises and business cooperation parties shall be leased land by the Vietnamese State for execution of investment projects and shall have to pay land rents according to the regulations of the Finance Ministry.
Article 86.- Land rent levels and land rent exemption and reduction
On the basis of the land rent brackets and conditions for land rent exemption or reduction, prescribed by the Finance Ministry, the provincial-level People’s Committees shall decide the land rent level as well as the exemption or reduction thereof for each project. The land rentals shall not be increased for at least 5 years; when they are to be increased, the increase level shall not exceed 15% over the preceding readjustment level.
Where foreign-invested enterprises or business cooperation parties, which are leased land by the State, have paid the land rent in advance for the whole project term or for several years, if during such period there is a decision to increase the land rent, the paid land rent shall not be readjusted.
Article 87.- Regulations on renting land in industrial parks, export processing zones, hi-tech parks
1. For projects on investment in industrial parks, export processing zones or hi-tech parks, which are built with investment by infrastructure development enterprises, the payment of land rent, the rent for subrent of land on which infrastructures have already been developed as well as the charges for use of infrastructure projects shall comply with the contracts signed with the infrastructure development enterprises.
2. Foreign-invested enterprises and business cooperation parties renting or subrenting land in industrial parks, export processing zones or hi-tech parks shall be granted the land use right certificates under the guidance of the General Land Administration.
Article 88.- Competence to decide land lease
The Prime Minister shall decide land lease to projects using the urban land with the area of 5 ha or more, other types of land with the area of 50 ha or more. The provincial-level People’s Committees shall decide the land lease to the other projects.
Article 89.- Compensation, ground clearance, land lease dossiers
1. In case of land lease by the Vietnamese State, the People’s Committees of the provinces where exist the investment projects shall have to organize the compensation, ground clearance, and complete the land lease procedures. The expenses for compensation and ground clearance shall be accounted into the investment capital of the projects. The provincial-level People’s Committees shall agree with the enterprises which are leased land on the financial sources for implementation of compensation and ground clearance.
2. Where the Vietnamese party contributes capital with the land use right, it shall have to make the compensation, clear the ground and complete the procedures for the land use right. Expenses for the compensation and ground clearance shall be accounted into the contributed capital of the Vietnamese party or agreed upon by the parties.
3. The compensation unit price shall comply with the general regulations of the State.
4. For investment projects licensed by the provincial-level People’s Committees, the land lease consideration shall be carried out simultaneously with the consideration of the investment licensing.
5. For investment projects licensed by the Ministry of Planning and Investment, the dossiers of application for land lease attached to the dossiers of application for investment licenses shall include the following contents:
a) The location and area of the land plot to be used;
b) The land rental proposed by the provincial-level People’s Committee on the basis of the land rental bracket stipulated by the Finance Ministry;
c) The compensation and ground clearance plan.
6. Land rent and subrent procedures and dossiers shall comply with the guidance of the General Land Administration.
Article 90.- The time limits for land rent calculation, capital contribution with the land use right value
Where foreign-invested enterprises and business cooperation parties rent land to implement investment projects or the Vietnamese party contributes capital with the land use right value, the time limit for calculation of land rent or the value of capital contribution of the Vietnamese party shall be counted from the time of the hand-over of land on the field.
Article 91.- Land rent preferences
Foreign-invested enterprises and business cooperation parties are entitled to rent land at the lowest rate and enjoy exemption or maximum reduction of various taxes in case of building dwelling houses for workers and infrastructure works outside the fences. The lowest land rent level shall also apply to the fields of medical examination and treatment, education and training, scientific research.
Article 92.- Mortgage of land use right value and assets affixed to land
1. Foreign-invested enterprises may mortgage the land use right value and assets affixed to land during the land leasing or subleasing terms at Vietnamese credit institutions, foreign banks’ branches operating in Vietnam or joint-venture banks between Vietnam and foreign countries in accordance with Credit Institution Law to borrow business capital according to the provisions of law in the following cases:
a) The foreign-invested enterprises have already paid land rent for many years if the paid land leasing term remains for at least 5 years;
b) The joint-venture enterprises to which the Vietnamese parties contribute capital with the land use right, if the duration of capital contribution with the land use right remains for at least 5 years.
2. The mortgaged land use right value includes the expenses for compensation and ground clearance and the land rent minus the land rent paid for duration in which the land was used.
3. The dossiers and procedures for mortgage of the land use right value shall comply with the guidance of the General Land Administration and the Vietnam State Bank.
Article 93.- De-mortgage of the land use right value and assets affixed to land
1. When fulfilling the debt repayment obligation toward the debts mortgaged with the land use right value and assets affixed to land, foreign-invested enterprises shall unfreeze the mortgage according to the provisions of law.
2. Where the foreign-invested enterprises fail to perform the debt repayment obligation under the loan contracts, the mortgaged assets shall be handled according to law provisions.
3. Organizations or individuals receiving the lawful land use right arising from the mortgage according to law provisions shall be entitled to continue using the land for the implementation of investment projects as prescribed in the investment licenses; any change of or supplement to, the operation objectives must be approved by the investment licensing agencies.
Article 94.- Management of the construction of foreign-invested projects
The management of the construction of foreign-invested projects shall include the following contents:
1. Appraisal of the construction project’s planning and architecture.
2. Appraisal of technical design.
3. Examination of the implementation of bidding in construction, granting of consultancy and construction license for the bid-winning contractor.
4. Control of the construction project quality.
Article 95.- Appraisal of planning and architectural schemes
The dossier of application for investment license must be enclosed with the predesign demonstrating the architectural scheme.
The appraisal of the project’s planning and architectural scheme shall be implemented in the process of appraising the investment projects.
Article 96.- Contents of the appraisal of technical designs
The construction project designs shall be appraised in the following details:
1. The legal status of the designing organization.
2. The design’s compatibility with the planning and architecture already appraised in the approved projects and planning.
3. The observance of Vietnamese standards and criteria for technical design and construction or the foreign technical criteria approved by the Ministry of Construction.
Article 97.- Competence to appraise technical designs and construction decision
The competence to appraise technical designs is stipulated as follows:
1. The Construction Ministry shall appraise technical designs of Group A projects prescribed in Article 114 of this Decree, excluding projects with small-scale and simple constructions. The provincial-level People’s Committees shall appraise technical designs of the other projects.
The Construction Ministry shall guide the appraisal of technical designs.
2. The appraisal of technical designs and the notification of decision thereon to the investors shall be made within 20 working days from the date of receipt of the valid dossiers. After the technical design is approved, the investor can construct the project.
Past the above-said time limit of 20 working days, if the technical design- appraising body fails to notify the investor of its decision, the investor can construct the project according to the submitted technical design dossier.
3. Within 10 working days before the project construction starts, the investor shall have to notify the date of construction commencement to the provincial- level People’s Committee of the locality where the project is to be constructed.
Article 98.- Responsibilities for construction works
1. The investors are responsible before Vietnamese law for the quality and safety of construction works; fire and explosion prevention and fighting; as well as environmental protection during the period of project construction as well as throughout the period of using the works.
2. The surveying and designing organizations as well as the construction contractors shall have to bear responsibility before the investors and Vietnamese laws for their jobs related to the quality of the works.
Article 99.- Putting works to use
Upon the completion of project construction, the investors shall report the completion of project construction to the project design- appraising body and be allowed to put the works to use. In case of necessity, this body shall conduct the examination of the works; if any violations of the approved designs and/or the regulations on construction, the violators shall be handled according to law provisions.
Article 100.- Regulations on bidding for projects with foreign investment capital
1. Joint-venture enterprises and business cooperation contracts where State enterprises of Vietnam contribute 30% or more of the legal capital or business capital shall have to organize bidding for goods procurement as well as construction and installation according to the legislation on bidding. The Management Boards of joint-venture enterprises or the competent representatives of business cooperation parties shall have to approve the bidding plans and results based on the consent of the investment licensing bodies.
2. Apart from the projects prescribed in Clause 1 of this Article, the investors are encouraged to organize bidding for other projects according to the legislation on bidding.
Article 101.- Final settlement of works
1. Within 6 months after the works or work components are completely constructed and put into exploitation and use, foreign-invested enterprises and business cooperation parties shall have to forward their reports on construction work settlement to the investment licensing bodies. The investors shall have to bear responsibility for the truthfulness and accuracy of their settlement reports.
2. Within 30 days after receiving the construction work settlement reports, the investment licensing bodies shall have to consider and grant the certificate of registration of work settlement reports.
In case of necessity, the investment licensing bodies may appraise the investment capital settlement reports and request the adjustment of investment capital according to the reasonable expenses.
3. Within 6 months after the works are completely constructed and put to use, the investors shall have to submit the construction completion dossiers for archive according to law provisions.
4. The certification of ownership over the construction works shall comply with the provisions of law.
Article 102.- Liquidation
1. The investors shall submit their work settlement reports with certification of registration to the Customs Offices in order to carry out procedures for liquidation of machinery, equipment, raw materials and materials imported for the project construction and installation.
2. Where the imported goods are not used up for the installation and construction of works under projects, the investors shall report such to the investment licensing bodies and the Customs Offices for handling. The above-said goods shall be sold on domestic markets only when the Trade Ministry’s approval is obtained and the relevant financial obligations are fulfilled according to the provisions of law.
Article 103.- Support for technical infrastructures outside the fences
The Government shall provide support for the construction of technical infrastructure outside the fences of foreign- invested enterprises or industrial parks, export processing zones and hi-tech parks. In case of necessity, the enterprises which build and deal in the technical infrastructures may come to term with the enterprises which develop the industrial park, export processing zone and/or hi-tech park infrastructures or foreign-invested enterprises on the capital advance or other modes for the construction of technical infrastructures.
Tìm kiếm
Nghị định 24/2000/NĐ-CP Hướng dẫn Luật đầu tư nước ngoài tại Việt Nam (Bản Word)