Decision No. 140/2008/QD-TTg On Amending and Supplementing Decision No. 09/2007/QD-TTg dated January 19, 2007 of the Government on the reorganization and handling of state-owned houses and land.

Pursuant to …;

Amending and supplementing Decision No. 09/2007/QĐ-TTg dated January 19, 2007 of the Prime Minister on reorganizing and disposing of state-owned real estate.

Pursuant to Decree No. 14/1998/NĐ-CP dated March 6, 1998 of the Government on managing state assets;

Pursuant to Decree No. 137/2006/NĐ-CP dated November 14, 2006 of the Government stipulating the delegation of management authority over state assets at administrative agencies, public service units, and state-owned enterprises with established ownership rights;

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PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Land Law dated November 26, 2003;

According to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law;

Amending and supplementing certain Articles of Decision No. 09/2007/QĐ-TTg dated January 19, 2007 of the Prime Minister on reorganizing and disposing of state-owned real estate (hereinafter referred to as Decision No. 09/2007/QĐ-TTg).

"a. Administrative agencies, public service units, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations (hereinafter collectively referred to as administrative agencies and public service units); State-owned corporations, state companies, wholly state-owned limited liability companies (hereinafter collectively referred to as state companies);"

Considering the proposal of the Minister of Finance,

DECISION:

Article 1. 2. Amending and supplementing point a of Clause 1, Article 4 as follows:

1. Amend and supplement Point a of Clause 1 of Article 1 as follows:

"a. Prepare a complete report detailing the current usage status according to the prescribed form;

The value of land use rights for each facility specified in Clause 2, Clause 3, Clause 4 of Article 5 and Clause 2, Clause 3 of Article 6 of Decision No. 09/2007/QĐ-TTg shall be determined based on the land price published annually by the People's Committee of the province in accordance with the regulations of the Government."

3. Amending and supplementing point a of Clause 4, Article 6 as follows:

"a. Changing the purpose of land use must ensure compliance with the approved land use plan by the competent state authorities and only applies to state companies that have sufficient financial capacity to implement investment construction projects and operate in the real estate business as stipulated by law. In cases where land has been permitted by the competent state authorities to change its purpose for implementing an investment construction project according to the plan but has not been utilized within twelve consecutive months from the date of the decision allowing the change in land use purpose, the provincial People's Committee shall carry out land recovery in accordance with the laws on land.

Changing the purpose of land use for entities that are not state companies and not required to relocate due to environmental pollution as decided by the competent state authorities shall be carried out in accordance with the laws on land."

"2. The competent state authority decides on the sale of assets on land and the transfer of land use rights through designation in the following cases:

a. After the auction announcement period as stipulated, there is only one organization or individual registered to purchase assets on land or accept the transfer of land use rights;

4. Amend and supplement Clause 2 of Article 7 as follows:

b. Organizations or individuals registering to purchase assets on land or accept the transfer of land use rights for socialized purposes in education, vocational training, healthcare, culture, sports, and the environment, in line with approved plans. If multiple organizations or individuals register to purchase assets on land or accept the transfer of land use rights for socialized purposes in these areas, it will be conducted through an auction among the participating registrants.

c. Organizations or individuals registering to purchase assets on land or accept the transfer of land use rights for facilities currently leased from organizations with leasing functions (Property Management Company, Warehouse Company, or Public Service Company), in line with approved plans and according to the reorganization and disposal plan of state-owned real estate of the Property Management Company, Warehouse Company, or Public Service Company, which has been approved by the provincial People's Committee.

The price of selling assets on land proposed by administrative agencies, public service units, or state companies directly managing and using the real estate must be assessed by the Department of Finance to ensure consistency with the remaining value based on a reassessment; the price of transferring land use rights determined by the Department of Finance must closely reflect the actual market price at the time of transfer. The Chairman of the provincial People's Committee approves the price of selling assets on land and the price of transferring land use rights in cases of designated sales or transfers."

"1. For administrative agencies and public service units:

a. Proceeds from the sale of assets on land and the transfer of land use rights must be deposited into a temporary account at the State Treasury of the province (where the property is located); the Ministry or sector manages the account for central-level agencies and units; the Department of Finance manages the account for local-level agencies and units.

5. Amending and supplementing Article 8 as follows:

b. If an administrative agency or public service unit has an approved investment construction, upgrading, or renovation project, they may use the proceeds from the sale of assets on land and the transfer of land use rights, after deducting related costs including relocation expenses as stipulated, to support the implementation of the investment construction project without exceeding the approved budget for the project. The funds for supporting the implementation of the investment construction project shall be managed in accordance with the laws on basic construction investment management from the state budget.

c. Any remaining proceeds in the temporary account after deducting related costs, including relocation expenses as stipulated and the amount allocated for supporting the implementation of the investment construction project as stipulated in point b of this clause (if applicable) must be remitted to the state budget in accordance with the laws on the state budget.

a. Proceeds from the sale of assets on land by state companies shall be used in accordance with the current regulations.

b. Proceeds from the transfer of land use rights must be deposited into a temporary account at the State Treasury of the province (where the property is located); the Ministry of Finance manages the account for centrally-managed state companies; the Department of Finance manages the account for locally-managed state companies."

2. For state-owned companies:

a. The proceeds from the sale of assets on land shall be used by state-owned enterprises in accordance with the current regulations.

b. The proceeds from the transfer of land use rights must be deposited into a temporary holding account at the Treasury of the province where the property is located (for state-owned enterprises with land and buildings); the Ministry of Finance shall be the account holder for state-owned enterprises under central management; the Department of Finance shall be the account holder for state-owned enterprises under local management.

c. In the case where a state-owned enterprise has an investment project for construction, upgrading, or renovation of production and business facilities that have been approved by the competent authority in accordance with the laws on investment projects using state budget funds, the Ministry of Finance shall decide (for state-owned enterprises under central management), and the provincial People's Committee shall decide after receiving the opinion of the same-level People's Council on the general handling policy or having a resolution to delegate the decision to the provincial People's Committee (for state-owned enterprises under local management) to support the state-owned enterprise to implement the investment construction project within the scope of the proceeds from the transfer of land use rights after deducting related costs, including relocation costs according to the prescribed regime, but not exceeding the approved project investment budget. The specific level of support is as follows:

- Not more than 50% of the remaining proceeds specified in point b of this clause for real estate located in special-class cities or Class I cities;

- Not more than 70% of the remaining proceeds specified in point b of this clause for real estate located in other provinces.

The funds for implementing the investment construction project shall be managed in accordance with the laws on managing basic construction investment capital from the state budget.

d. The proceeds from the transfer of land use rights after deducting related costs, including relocation costs according to the prescribed regime, and the funds for implementing the investment construction project as stipulated in point c of this clause (if applicable) must be remitted to the state budget in accordance with the laws on the state budget.

đ. The proceeds from changing the purpose of land use must be deposited into a temporary account at the State Treasury of the province (where the real estate is located) and managed by the Provincial Department of Finance.

e. In the case where a state-owned enterprise has real estate that must be relocated due to environmental pollution but is permitted by the competent state agency to change the purpose of land use, based on the actual situation in the locality and the proceeds from changing the purpose of land use (of each state-owned enterprise), the provincial People's Committee (where the real estate is located) shall decide to support the state-owned enterprise to implement the investment construction project that has been approved by the competent authority after receiving the opinion of the same-level People's Council on the general handling policy or having a resolution to delegate the decision to the provincial People's Committee; specifically, for state-owned enterprises under central management, there must be a written agreement from the Ministry of Finance before making the decision and it shall not exceed the approved investment construction project budget. The specific level of support is as follows:

- Not more than 50% of the remaining proceeds specified in point đ of this clause for real estate located in special-class cities or Class I cities.

- Not more than 70% of the remaining proceeds specified in point đ of this clause for real estate located in other provinces.

The funds for implementing the investment construction project shall be managed in accordance with the laws on managing basic construction investment capital from the state budget;

g. The proceeds from changing the purpose of land use after deducting related costs, including relocation costs according to the prescribed regime, and the funds for implementing the investment construction project as stipulated in point e of this clause (if applicable) must be remitted to the state budget in accordance with the laws on the state budget.

3. The Ministry of Finance shall guide the procedures and formalities for issuing and accounting for revenues and expenditures through the state budget of the funds for implementing the investment construction project as stipulated in points 1 and 2 of this clause.

6. Amend and supplement Clause 1 of Article 10 as follows:

"1. Land use fees obtained from changing the purpose of land use after deducting the portion of costs invested by the organization into the land but not yet recovered and other related costs, including relocation costs according to the prescribed regime, must be remitted to the state budget in accordance with current laws."

Article 2. This Decision takes effect 15 days after its publication in the Official Gazette.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of State-Owned Enterprise Management Boards decided by the Prime Minister to establish, Chairmen of provincial and centrally-administered city People's Committees, and Heads of relevant agencies are responsible for implementing this Decision. /