Circular No. 59/2012/TT-BTC amends certain Articles of Circular No. 46/2005/TT-BTC dated June 8, 2005, issued by the Ministry of Finance, guiding financial matters when reorganizing, reforming, and developing forestry farms and timber farms.

CIRCULAR

Amending certain Articles of Circular No. 46/2005/TT-BTC dated June 8, 2005 of the Ministry of Finance guiding certain issues regarding finance when restructuring, reforming, and developing forestry and farm enterprises

--------------------------

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

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Implementing the guidance of the Prime Minister in Document No. 1019/TTg-ĐMDN dated June 24, 2011 on restructuring and reforming state-owned forestry and farm enterprises.

The Ministry of Finance promulgates this Circular amending and supplementing certain Articles of Circular No. 46/2005/TT-BTC dated June 8, 2005 of the Ministry of Finance guiding certain issues regarding finance when restructuring, reforming, and developing forestry and farm enterprises as follows:

Article 1. Amending and supplementing certain Articles of Circular No. 46/2005/TT-BTC.

Clause 2.2, Point 2, Section I of Circular No. 46/2005/TT-BTC shall be amended as follows:

During the process of restructuring, reforming, and developing forestry and farm enterprises, the costs for conducting land surveying, boundary demarcation, establishing land ownership records, and issuing land use right certificates for forest management boards and forestry companies shall be guaranteed by local budgets and implemented according to the provisions of the Law on State Budget. In cases where enterprises (state-owned forestry and farm enterprises as defined in Decree No. 170/2004/NĐ-CP dated September 22, 2004 of the Government on restructuring, reforming, and developing state-owned farm enterprises and Decree No. 200/2004/NĐ-CP dated December 3, 2004 of the Government on restructuring, reforming, and developing state-owned forestry enterprises) advance funds for land surveying and boundary demarcation, the enterprise shall be entitled to a corresponding reduction from the land use fee or rent payable to the local budget. For enterprises that pay annual land rent, the amount advanced for land surveying and boundary demarcation shall be deducted from the annual land rent payable, converted into equivalent time periods based on the land value at the time of fund advancement, and considered as completed annual land rent payments. For enterprises that pay a lump sum land rent or receive land with a one-time land use fee, the amount advanced for land surveying and boundary demarcation shall be deducted from the land rent or land use fee payable. If the amount advanced for land surveying and boundary demarcation exceeds the land rent or land use fee payable, the local budget shall refund the excess amount to the enterprise after deducting the payable land rent or land use fee.

The amount of funds advanced by enterprises for land surveying and boundary demarcation shall be determined in accordance with relevant laws.

Article 2. Responsibilities for implementation and effectiveness

1. This Circular takes effect from May 20, 2012.

2. The deduction of advanced funds by enterprises for land surveying and boundary demarcation from the land rent payable to the local budget shall apply to expenses incurred after the effective date of this Circular.

During implementation, if there are any difficulties, please reflect them to the Ministry of Finance for consideration and resolution./.