Chương III Nghị định 74/2017/NĐ-CP: Quản lý đất đai

Chapter III

LAND MANAGEMENT

Article 8. Land rent, compensation for land clearance and incentives for land in the hi-tech park.

1. Hanoi people’s committee shall issue the detailed price schedule of types of land in the hi-tech park, based on the approved planning of the hi-tech park and specific technical infrastructure conditions

2. Land price as the basis for calculation of land rent in the hi-tech park shall be set by the land price correction coefficient method and decided by the management board The management board shall define the annual land price correction coefficients and percentage of land rent with consent of Hanoi people’s committee.

3. Incentives for land

a) Persons who are directly granted land lease from the management board and those who are allocated land by the state without land levy but required to switch over to lease land as specified in Clause 2 Article 160 of the Land Law, incentives for land rent remission shall be given in compliance with the Article 14 of the Decree No. 35/2017/ND-CP dated April 30^th, 2017 of the government on land use levies, land rents and water surface rents in economic zones or in hi-tech park.

b) In the cases where infrastructure investors grant land sublease, land rent remission shall be specified in Clause 2a Article 18 of this Decree.

c) In the cases where land is used for infrastructure management and operation works, land users shall be exempt from land rents during the entire rental period.

d) Land users shall be exempt from non-agricultural land tax during the entire use period.

4. In the case of the areas invested by infrastructure investors, if the infrastructure investors advance sums to pay compensation, and land clearance for the land that the management board directly grants lease to primary investors, the primary investors are obligated to pay the infrastructure investors such amount of advance in accordance with the plan approved by competent authorities and such amount is deducted from the land clearance and land rent that the primary investors shall pay the state.

5. The management board shall deal with the residual value of investment in land or property on land (if any) in case of land appropriation due to violations against the Land Law, happening in the high-tech park, in accordance with procedures of applicable law.

6. other relevant regulations on land rent, water surface rent, land clearance
compensation, and land rent exemption or remission.
levy

Article 9. Performance security

1. Each primary investor who receives land lease grant from the management board to run a project in the hi-tech park shall make a deposit as a performance security for the project in accordance with the Land Law and Law on Investment.

2. If investors violate the commitment or the decision on investment policy / investment registration certificate is revoked, the deposit as the performance security shall be spent as specified in Point c Clause 1 Article 17 of this Decree

Article 10. Land management in the areas whose infrastructure is constructed and used for commercial purposes by investors (infrastructure investors).

1. the case where an infrastructure investor receives land lease grant from the management board after the effective date of this Decree.

a) Each infrastructure investor is entitled to lease land used for traffic work and technical infrastructure construction, land involving water surface and green spaces in accordance with the approved general construction and zoning planning.

b) The management board shall, based on the infrastructure investors’ construction progress, hand land over to infrastructure investors (except for the land specified in Point a of this Clause) for land leveling. After completion of land leveling, infrastructure investors shall hand land over to the management board.

c) Primary investors shall be directly granted lease or allocated land which is specified in Point b of this Clause. The primary investors shall pay the infrastructure investors for land leveling and other amounts payable in accordance with regulations of this Decree.

2. The cases where infrastructure investors receive land lease grant from the management board before the effective date of this Decree and have not been issued with the land use right certificate shall be switched over to the form of land administration specified in the Clause 1 of this Article.

3. In the cases where infrastructure investors receive land lease grant from the management board before the effective date of this Decree and are issued with the land use right certificate shall lease land in accordance with the decision on land lease that has been made and fulfill the land levy obligations to the state as specified in Clause 2 Article 18 of this Decree.

4. The management board shall, upon request of the infrastructure investors, approve the charges for using infrastructure, compensation for land leveling and unit price of land to be sublet from infrastructure investors to the primary investors, specified in the Clause 3 of this Article.