Chương I Quyết định 23/2015/QĐ-TTg thanh toán bằng quỹ đất cho nhà đầu tư khi thực hiện dự án đầu tư xây dựng: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decision provides the mechanism whereby the State uses land to make payment to investors implementing construction investment projects in the form of build-transfer contract (below refereed to as BT projects).

Article 2. Subjects of application

1. State agencies competent to conclude build-transfer contracts (below referred to as BT contracts).

2. Investors performing BT contracts (below refereed to as investors).

3. Other agencies, organizations or individuals involved in the implementation of BT projects.

Article 3. Principles of using land to make payment for BT projects

1. The value of BT projects shall be determined in accordance with the law on construction investment.

2. The value of land areas used to make payment to investors shall be determined in accordance with the land law.

3. The use of land to make payment for a BT project shall adhere to the principle of parity and difference offsetting between the value of the BT project and the value of the land area used to make payment.

4. The time of making payment for a BT project with land is the time the People's Committee of the province or centrally run city (below referred to as provincial-level People's Committee) issues a decision to allocate or lease land to the investor. Such decision shall be issued upon or after completion of the BT project as prescribed in Clause 3, Article 43 of the Government’s Decree No. 15/2015/ND-CP of February 14, 2015, on investment in the form of public-private partnership.