Chương VI Nghị định 74/2017/NĐ-CP: Điều khoản thi hành

Chapter VI

IMPLEMENTATION

Article 18. Transitional provisions for fulfilling financial obligations on land, applied to the cases of land use before the effective date of this Decree without land rent payment

1. Primary investors who use land before the effective date of this Decree without land lease decisions and have not paid for land rent.

a) The above-mentioned investors shall be given incentives for land rent remissions as specified in Clause 3 Article 8 of this Decree. Duration of incentives for land rent remissions shall commence from the date on which the land plot
is handed over.

b) Such investors are not required to pay for compensation and land clearance if they are those specified in the Decree No. 35/2017/ ND-CP dated April 3^rd, 2017 of the government on land levy, land rent and water surface rent in economic zones and hi-tech parks.

c) Such investors shall pay for land rent, compensation refund and land clearance in accordance with regulations of applicable law when the management board issues a decision on land lease Compensation and land clearance refund shall be deducted from land rent in the cases where land rent is paid in lump-sum amount or converted into a certain number of years or months of financial obligation fulfillment in accordance with the land price policy at the time of the decision on land lease in the form of annual land rent payment

2. Infrastructure investors, who received land lease grant from the management board before the effective date of this Decree, are issued with land use right certificate but have not paid land rent.

a) Infrastructure investors who lease land in the form of annual payment shall be eligible for 15 year exemption from land rent after the land lease decision date; have the obligation to exempt the primary investors from land rent on the land sublease proportional to the amounts of incentives applicable to infrastructure investors specified in this Point.

b) Infrastructure investors shall pay for the land rent in lump-sum amount charged for the land area subleased before July 1^st_, 2014 during the land lease period, the amount payable by the infrastructure investors is equal to annual land lease price specified in the document No. 2703/UBND-KT dated June 20^th_, 2006 of Ha Tay people's committee multiplied by (x) the difference of the period of land sublease and the remaining land rent exemption time period as specified in Point a Clause 2 of this Article from the time of land sublease and multiplied by the sublet land area. Infrastructure investors shall pay interests on late payment from the land sublease to the deadline for paying the land rent to the state budget.

3. The primary investors shall be obligated to pay for the infrastructure use charge as specified in Clause 3 Article 7 of this Decree.

Article 19. Transitional provisions for projects which use land in the expanding planning areas as specified in the Decision No. 621/QĐ-TTg dated May 23^rd, 2008 of the Prime Minister (southern part of Thang Long avenue and Eastern part of the hi-tech park in Ha Bang commune, Thach That district, Hanoi City)

1. The land whose sublease is granted from infrastructure investors before the Bac Phu Cat Industrial zone is merged into the hi-tech park but rent has not been paid

a) Infrastructure investors who lease land in the form of annual payment shall be eligible for 15 year exemption from land rent after the land lease decision date.

b) Infrastructure investors shall pay for the land rent in slump-sum charged for the land subleased during the land lease period. The amount payable by the infrastructure investors shall be calculated on the basis of annual land lease price specified in the Decision No.896/QD-TC dated December 8^th, 2006 of the Ha Tay department of finance multiplied by the land sublease period from which the remaining land rent exemption time deducts specified in Point a of this Clause from the land sublease date and multiplied by the area of land subleased. Infrastructure investors shall pay such land rent’s late payment from the land sublease date to the deadline for paying the sums to the state budget.

2. The land whose lease is granted from Ha Tay people’s committee before the Prime Minister’s approval on the adjustment to general planning for constructing the hi-tech park (on May 23rd, 2008)

a) the management board shall continue to manage and use land for constructing and developing the hi-tech park. If necessary, the management board shall adjust the issued decision on land lease to match with the hi-tech park’s general planning and the needs for use of the projects

b) Investors shall be given incentives in terms of land rent remission as specified in the decision on land lease/ investment certificate / investment license / investment preference certificate issued and regulation of the law at the time of land lease grant from the state.

c) In accordance with the policies on land price in each period, Hanoi people’s committee shall calculate and inform primary investors of the land rent payable for the period beginning from the day on which decision on land lease has been made by Ha Tay people’s committee on land lease or from the day on which the land plot has been handed over to the end of 2016. The management board shall calculate notify the primary investors of the land rents payable in the following years. The amount of land rent shall be paid to the local budget in accordance with the Law on State Budget.

d) The sums of compensation and land clearance that investors advance as approved by competent regulatory authorities shall be specified in the Decree No. 35/2017/ ND-CP dated April 3rd, 2017 of the government on land levy, land rent and water surface rent in economic zones and hi-tech parks.

3. The primary investors using land specified in Clause 1 and 2 of this Article shall not expand the construction site and renew the land use time. The management board shall request the Hanoi people 's committee to acquire land in compliance with regulations and law when having the plan for using land for the hi-tech park’s development 0}

4. The cases of land use before the effective date of this Decree not specified in Clause 1 and 2 of this Article shall comply with regulations specified in Clause 1 Article 18 of this Decree.

Article 20. Obligations of the Ministry of Science and Technology

The Ministry of Science and Technology is obligated to implement Decree

Article 21. Obligations of Ministries and Hanoi people’s committee

1. Hanoi people’s committee must:

a) Provide guidelines for regulations specified in Clause 4 and 5 Article 4, Clause 3 and 4 Article 7, Article 8, Clause 1c and 4 Article 10, Article 17, Article 18 and Article 19 of this Decree.

b) Cooperate with the Ministry of Science and Technology in submitting a report on projects operating in the hi-tech park without tax incentives on which the Prime Minister shall base to make decision.

2. The Ministry of Planning and Investment shall comply with the regulations specified in Clause 1 Article 16 and Clause 1d Article 17 of this Decree.

3. Article 21. Hanoi people’s committee must:

a) Comply with regulations specified in Clause 1, 2, 3 and 4 Article 4,Clause 3 Article6, Clause2 Article 7, Clause 1 and 2 Article 8; Clause 1 Article 12, Clause 4 Article 13, Clause 2 and 3 Article 15, Clause 3 Article 16, Clause 2c Article 19 of this Decree.

b) Invest in traffic system, water supply and drainage systems located out of the hi-tech park’s border and connected to the hi-tech park financed by the city budget and complete them no later than 2020.

c) Invest in irrigation facilities in place of rivers, streams and irrigation lakes in the planning of the hi-tech park to match with the local general irrigation system Allocate the entire water surface area to the management board to manage and operate no later than 2020.

d) Add and allocate the land outside the hi-tech park to organizations and individuals running projects on houses provided for employees working in the hi-tech park

4. Ministries, Hanoi people’s committee and relevant authorities shall carry out the assignments in this Decree.

Article 22. Effect

1. This Decree comes into force from August 5^th, 2017

2. Ministers, heads of ministerial level agencies, heads of agencies affiliated to the government, chairman of the Hanoi people’s committee, head of the management board of Hoa Lac hi-tech park and heads of relevant authorities shall comply with regulations specified in this Decree.