Chương 3 Nghị định 71/2001/NĐ-CP: Tạo điều kiện và ưu đãi đối với các doanh nghiệp có vốn đầu tư nước ngoài tham gia xây dựng nhà ở để bán và cho thuê

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.

Article 16.- Creating land-related conditions

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.

Article 18.- Enterprise income tax preferences

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.