Circular No. 80/2017/TT-BTC guides the determination of the value of land use rights, prepaid land rent, and attached assets to be refunded when the State recovers land, and the management and use of compensation funds for assets managed by the State and support funds when the State recovers land but does not compensate for land.

CIRCULAR

Guidelines for determining the value of land use rights, land rent payments, and attached assets to be refunded when the State recovers land, and managing and using compensation funds for assets managed and used by the State, number organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.support money when the State recovers land but does not compensate for land

Based on the Land Law number 45/2013/QH13 dated November 29, 2013;

Pursuant to the State Budget Law No. 83/2015/QH13 dated June 25, 2015;

Pursuant to Decree No. 01/2017/NĐ-CP dated January 6, 2017 of the Government amending and supplementing certain Decrees detailing the implementation of the Land Law;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the State Asset Management Agency,

The Minister of Finance issues this Circular guiding the determination of the value of land use rights, land rent payments, and attached assets to be refunded when the State recovers land, and managing and using compensation funds for assets managed and used by the State, support money when the State recovers land but does not compensate for land.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the determination of the value of land use rights, land rent payments, and attached assets to be refunded when the State recovers land, and managing and using compensation funds for assets managed and used by the State, and support money when the State recovers land but does not compensate for land as stipulated in Decree number 01/2017/NĐ-CP dated January 6, 2017 of the Government amending and supplementing certain Decrees detailing the implementation of the Land Law (hereinafter referred to as Decree number 01/2017/NĐ-CP).

Article 2. Applicability

1. Persons whose land is recovered due to violations of laws on land as specified in point c and point g clause 1 Article 64 of the Land Law.

2. Land users who voluntarily return land as specified in point c clause 1 Article 65 of the Land Law.

3. Persons whose land is recovered with origins from land leased by the State for annual land rent payments but have prepaid multiple years' land rent to the State as specified in clause 3 Article 4 of Decree number 01/2017/NĐ-CP.

4. State agencies, public service organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations (hereinafter referred to as agencies, organizations, units), state-owned enterprises (enterprises in which the State holds 100% of the charter capital) whose land is recovered and are entitled to compensation for assets managed and used by the State, and agencies, organizations, units, state-owned enterprises whose land is recovered and are entitled to support as specified in clause 4 Article 4 of Decree number 01/2017/NĐ-CP.

3. An electronic transaction account for the issuance of work permits for foreign workers is an account registered by employers to log in to the electronic portal to issue work permits for foreign workers.

Chapter II

SPECIFIC PROVISIONS

Article 3. Determining the remaining value of legally established attached assets that do not originate from the state budget to be refunded to the asset owner when the State recovers land due to violations of laws on land (guiding clause 1 Article 18a of Decree number 47/2014/NĐ-CP dated May 15, 2014 of the Government - supplemented at clause 2 Article 4 of Decree number 01/2017/NĐ-CP)

1. The provincial People's Committee shall examine each specific case to decide on the refund of the remaining value of attached assets for cases where the State recovers land due to violations of laws on land as specified in point c and point g clause 1 Article 64 of the Land Law.

2. The determination of the remaining value of attached assets to be refunded to the asset owner as stipulated in clause 1 of this Article shall be carried out at the time the State recovers the land.

3. The remaining value of attached assets as stipulated in clause 2 of this Article is the total remaining value of each attached asset being recovered. The remaining value of each attached asset is determined as follows:

a) The remaining value of crops and livestock is determined by the compensation amount for crops and livestock as specified in Article 90 of the Land Law;

b) The remaining value of houses, architectural structures, other construction works attached to land (hereinafter referred to as construction works attached to land) is determined according to the following formula:

Where:

- The percentage of remaining quality of construction works attached to land is determined according to the following formula:

- The new construction cost of construction works attached to land is determined according to the following formula:

For construction works attached to land partially recovered where the remaining part cannot be used, the refund value equals the remaining value of the entire construction work attached to land; in cases where construction works attached to land are partially recovered but the remaining part can still be used, the refund value equals the value of the construction work attached to land being recovered and the costs for repairing and completing the remaining part according to equivalent technical standards of the construction work attached to land before demolition.

For construction works attached to land that do not meet technical standards as prescribed by the relevant Ministry or are not included in specific local regulations, the provincial People's Committee directs relevant functional agencies to determine the remaining value of construction works attached to land in accordance with legal provisions and actual conditions in the locality.

4. The financial agency (of the authority with the right to recover land) shall take the lead and coordinate with related agencies to establish a Board to determine the remaining value of attached assets as stipulated in clause 3 of this Article; submit it for approval by the same-level People's Committee. If necessary, the financial agency may hire a valuation organization to determine the remaining value of attached assets as stipulated in clause 3 of this Article; based on this, the financial agency shall take the lead and coordinate with related agencies to review the remaining value of attached assets determined by the valuation organization, and submit it for approval by the same-level People's Committee.

5. Allocation and leasing of recovered land (including attached assets) shall be conducted through public auction in accordance with laws on land.

a) The starting price for auction includes the value of land use rights, land rent determined according to the provisions of laws on collecting land use fees, land rent, water surface rent, and the remaining value of assets attached to the land as stipulated in Clause 3 and Clause 4 of this Article.

b) The amount collected from the auction, after deducting related expenses for the auction, shall be handled as follows:

- Repaying the remaining value of assets attached to the land as stipulated in Clause 3 and Clause 4 of this Article to the asset owner;

- The remaining amount shall be deposited into the state budget according to the provisions of laws on the state budget.

6. In cases where the transfer of land or lease of land has been recovered without going through the auction process as prescribed in Clause 2, Article 118 of the Land Law, in addition to paying land use fees and land rent according to the provisions of laws on collecting land use fees, land rent, and water surface rent, the person receiving the land transfer or lease shall be responsible for repaying the remaining value of assets attached to the land as stipulated in Clause 3 and Clause 4 of this Article to the asset owner at the time when the State decides to transfer or lease the land to the person receiving the land transfer or lease.

7. In cases where the State uses recovered land for national defense, security, or public interest purposes, the funds for repaying the remaining value of assets attached to the land as stipulated in Clause 3 and Clause 4 of this Article shall be included in the project implementation budget and shall be regulated as follows:

a) Ministries, sectors, central agencies shall ensure the source of repayment for investment projects where they are the main investors;

b) Provincial People's Committees shall ensure the source of repayment for investment projects where localities are the main investors.

Article 4. Determination of the value of land use rights, land rent, and the remaining value of assets attached to the land for repayment to land users in cases where land users voluntarily return the land. (guidance for Clause 1 and Clause 3, Article 18a of Decree No. 47/2014/ND-CP of the Government - supplemented in Clause 2, Article 4 of Decree No. 01/2017/ND-CP)

1. The value of land use rights and land rent for repayment to land users in cases where land users voluntarily return the land shall be determined as follows:

a) In cases where land users voluntarily return residential land recognized by the State with land use rights and land transfer with payment of land use fees

a.1. For residential land

a.2 For land with a limited term

Where:

- Land grant period (*): is the land grant period of the project.

- Remaining land grant period (**): equals (=) the land grant period of the project minus (-) the period of land use up to the time the State recovers the land.

b) In cases where land users voluntarily return land that the State leases with payment of rent for the entire lease period, the repayment value is the land rent paid once for the remaining lease period, determined according to the land price at the time the State recovers the land, using the method of determining land rent as prescribed in the policy on collecting land rent and water surface rent at the time of determining the land rent obligation previously; specifically:

b.1. In cases where the land rent paid once for the entire lease period is determined according to the provisions of the law before the effective date of Decree No. 69/2009/ND-CP dated August 13, 2009 of the Government:

Where:

- Annual land rent determined at the time of land recovery (*): equals (=) the percentage (%) of land rent calculated according to the policy at the time of land recovery multiplied (x) by the land price according to the purpose of the lease period of the project as determined by the Land Price Table at the time the State recovers the land.

- Remaining lease period (**): equals (=) the lease period of the project minus (-) the period of leased land use up to the time the State recovers the land.

b.2. In cases where the land rent paid once for the entire lease period is determined according to the provisions of Decree No. 69/2009/ND-CP of the Government or the provisions of the law after the effective date of Decree No. 69/2009/ND-CP:

Where:

- Lease period (*): is the lease period of the project.

- Remaining lease period (**): equals (=) the lease period of the project minus (-) the period of leased land use up to the time the State recovers the land.

c) In cases where households or individuals voluntarily return agricultural land with origins granted by the State without payment of land use fees (and meeting the conditions for compensation):

Where: The area of agricultural land voluntarily returned (*) is within the limit of agricultural land use, excluding the area exceeding the limit of agricultural land use that must be converted to leased land according to Clause 8, Article 210 of the Land Law.

2. The provincial People's Committee shall consider each specific case to decide on the repayment of the remaining value of assets attached to the land for the cases where land users voluntarily return the land as stipulated in Point c, Clause 1, Article 65 of the Land Law.

The remaining value of assets attached to the land for repayment to land users in cases where land users voluntarily return the land shall be determined as in the case of the State recovering land due to violations of laws on land as stipulated in Article 3 of this Circular.

3. The financial agency (of the level authorized to recover land) shall take the lead and coordinate with relevant agencies to establish a Board to determine the value of land use rights, land rent payments, and the residual value of assets attached to the land as stipulated in Clause 1 and Clause 2 of this Article; submit for approval by the People's Committee at the same level. In cases where necessary, the financial agency may hire an appraisal organization to determine the residual value of assets attached to the land as stipulated in Clause 2 of this Article; on this basis, the financial agency shall take the lead and coordinate with relevant agencies to appraise the residual value of assets attached to the land determined by the appraisal organization, and submit for approval by the People's Committee at the same level.

4. The transfer of land, leasing of recovered land (including assets attached to the land) shall be carried out through public auction in accordance with the provisions of the Land Law:

a) The starting price for the public auction includes the value of land use rights, land rent payments determined in accordance with the laws on land use fee collection, land lease fee collection, and water surface lease fee collection, and the residual value of assets attached to the land but not lower than the value of land use rights, land rent payments, and the residual value of assets attached to the land as stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

b) The amount received from the public auction, after deducting related costs associated with the auction, shall be handled as follows:

- Repay the value of land use rights, land rent payments, and the residual value of assets attached to the land as stipulated in Clause 1, Clause 2, and Clause 3 of this Article to the land users who voluntarily return the land;

- Any remaining amount (if any) shall be deposited into the state budget in accordance with the laws on the state budget.

5. In cases where the transfer of recovered land, leasing of recovered land (including assets attached to the land) is not carried out through public auction as stipulated in Clause 2 of Article 118 of the Land Law, the person receiving the land transfer or lease shall be responsible for repaying the value of land use rights, land rent payments, and the residual value of assets attached to the land as stipulated in Clause 1, Clause 2, and Clause 3 of this Article to the land users who voluntarily return the land at the time when the State decides to transfer or lease the land to the person receiving the land transfer or lease. If the value of land use rights and land rent payments determined at the time the State decides to transfer or lease the land according to the laws on land use fee collection, land lease fee collection, and water surface lease fee collection is higher than the value of land use rights and land rent payments stipulated in Clause 1 and Clause 3 of this Article, then the difference shall be deposited into the state budget in accordance with the laws on the state budget.

6. In cases where the State uses recovered land for national defense, security, or public interest purposes, the funds to repay the value of land use rights, land rent payments, and the residual value of assets attached to the land as stipulated in Clause 1, Clause 2, and Clause 3 of this Article shall be included in the project implementation budget and shall be regulated as follows:

a) Ministries, sectors, central agencies shall ensure the source of repayment for investment projects where they are the main investors;

b) Provincial People's Committees shall ensure the source of repayment for investment projects where localities are the main investors.

Article 5. Determination of the remaining prepaid land rent to be refunded to the land user when the State recovers the land in cases where the land user has been leased land with annual rent payments but has prepaid multiple years' rent. refund to the land user when the State recovers the land. (guidance for Article 18b of Decree No. 47/2014/ND-CP of the Government - added at Clause 3 of Article 4 of Decree No. 01/2017/ND-CP)

1. The remaining prepaid land rent to be refunded to the land user when the State recovers the land shall be determined as follows:

Where:

- Annual land rent at the time of land recovery (*): equals (=) the percentage (%) of the land rent calculated according to the policy at the time of land recovery multiplied (x) by the land value according to the purpose of use of the lease term of the project determined based on the Land Price Table at the time the State recovers the land.

- Remaining prepaid land rent period (**): equals (=) the lease term minus (-) the period of land use up to the time the State recovers the land. has paid in advance for the remaining land lease term (**): equal to (=) the lease term has paid in advance for of the land minus (-) the period during which the leased land has been used up to the time when the State recovers the land.

2. The financial agency (of the level authorized to recover land) shall take the lead and coordinate with relevant agencies to establish a Board to determine the value of the remaining prepaid land rent as stipulated in Clause 1 of this Article; submit for approval by the People's Committee at the same level.

3. The funds to refund the value of the remaining prepaid land rent as stipulated in Clause 1 and Clause 2 of this Article shall be included in the project implementation budget and shall be regulated as follows:

a) Ministries and sectors shall ensure the source of repayment for investment projects under their authority to decide on investment policies approved by the National Assembly; investment decisions made by the Prime Minister but implemented by ministries and sectors; and projects invested in by ministries and sectors.

b) Provincial People's Committees shall be responsible for ensuring the source of repayment for investment projects within their jurisdiction.

4. The refund of the remaining prepaid land rent to the land user shall be carried out at the time the State decides to recover the land, in accordance with the laws on compensation, support, and resettlement when the State recovers land.

Article 6. Management and use of compensation funds for assets managed and used by the State and support funds for cases where organizations have their land reclaimed but are not compensated for land (guidance for Article 18c of Decree No. 47/2014/ND-CP of the Government - supplemented by Clause 4 of Article 4 of Decree No. 01/2017/ND-CP)

1. For state-owned enterprises whose land is expropriated and must be relocated to a new site

a) The compensation amount for assets specified in Clause 1 of Article 18c of Decree No. 47/2014/ND-CP shall be managed and used in accordance with the laws on enterprises.

b) The support amount specified in Clause 2 of Article 18c of Decree No. 47/2014/ND-CP shall be deposited into the state budget (central budget for state-owned enterprises whose land is under central management; local budget for state-owned enterprises whose land is under local management).

c) The amount already deposited into the state budget as stipulated in point b of this clause shall be prioritized for allocation in the state budget expenditure plan according to the laws on the state budget, laws on public investment, and related laws to fund the implementation of approved investment projects.

2. For cases where agencies, organizations, and units have their land expropriated and must be relocated to a new site

a) The compensation amount for assets specified in Clause 1 of Article 18c of Decree No. 47/2014/ND-CP and the support amount specified in Clause 2 of Article 18c of Decree No. 47/2014/ND-CP shall be deposited into the state budget (central budget for agencies, organizations, and units whose land is under central management; local budget for agencies, organizations, and units whose land is under local management).

The amount already deposited into the state budget as stipulated in this point shall be prioritized for allocation in the state budget expenditure plan according to the laws on the state budget, laws on public investment, and related laws to fund the implementation of approved investment projects.

b) In cases where agencies, organizations, and units have investment projects approved by competent authorities or investment proposals approved by competent authorities, wherein the project implementation capital is sourced from the compensation amount for assets specified in Clause 1 of Article 18c of Decree No. 47/2014/ND-CP and the support amount specified in Clause 2 of Article 18c of Decree No. 47/2014/ND-CP:

- Agencies, organizations, and units are permitted to open purpose-specific deposit accounts at the State Treasury, with the head of the agency, organization, or unit serving as the account holder to receive the compensation amount for assets specified in Clause 1 of Article 18c of Decree No. 47/2014/ND-CP and the support amount specified in Clause 2 of Article 18c of Decree No. 47/2014/ND-CP.

- The amount received into the purpose-specific deposit account at the State Treasury as stipulated in this point shall be used to implement the approved investment project according to the laws on the state budget, laws on public investment, and related laws.

- State Treasuries at all levels (where agencies, organizations, and units open purpose-specific deposit accounts for transactions) shall carry out control, payment, and settlement of investment capital according to regulations on basic construction investment from state budget sources when included in the assigned state budget plan according to the laws on the state budget; financial departments at all levels shall record state budget revenues and expenditures according to the laws on the state budget.

- After completing the final settlement of the completed project, if the amount received into the purpose-specific deposit account for implementing the investment project is not fully utilized, the agency, organization, or unit shall be responsible for depositing the remaining amount into the state budget (central budget for agencies, organizations, and units whose land is under central management; local budget for agencies, organizations, and units whose land is under local management).

Chapter III

IMPLEMENTATION

Article 7. Effective Date

1. This Circular takes effect from September 15, 2017.

2. During the implementation process, if there are any difficulties, agencies, organizations, and units are requested to promptly report them to the Ministry of Finance for coordination in resolving them./.CIRCULAR

Guidelines for determining the value of land use rights, land rent payments, and attached assets to be refunded when the State recovers land, and managing and using compensation funds for assets managed and used by the State, number organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.support money when the State recovers land but does not compensate for land

Based on the Land Law number 45/2013/QH13 dated November 29, 2013;

Pursuant to the State Budget Law No. 83/2015/QH13 dated June 25, 2015;

Pursuant to Decree No. 01/2017/NĐ-CP dated January 6, 2017 of the Government amending and supplementing certain Decrees detailing the implementation of the Land Law;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the State Asset Management Agency,

The Minister of Finance issues this Circular guiding the determination of the value of land use rights, land rent payments, and attached assets to be refunded when the State recovers land, and managing and using compensation funds for assets managed and used by the State, support money when the State recovers land but does not compensate for land.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the determination of the value of land use rights, land rent payments, and attached assets to be refunded when the State recovers land, and managing and using compensation funds for assets managed and used by the State, and support money when the State recovers land but does not compensate for land as stipulated in Decree number 01/2017/NĐ-CP dated January 6, 2017 of the Government amending and supplementing certain Decrees detailing the implementation of the Land Law (hereinafter referred to as Decree number 01/2017/NĐ-CP).

Article 2. Applicability

1. Persons whose land is recovered due to violations of laws on land as specified in point c and point g clause 1 Article 64 of the Land Law.

2. Land users who voluntarily return land as specified in point c clause 1 Article 65 of the Land Law.

3. Persons whose land is recovered with origins from land leased by the State for annual land rent payments but have prepaid multiple years' land rent to the State as specified in clause 3 Article 4 of Decree number 01/2017/NĐ-CP.

4. State agencies, public service organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations (hereinafter referred to as agencies, organizations, units), state-owned enterprises (enterprises in which the State holds 100% of the charter capital) whose land is recovered and are entitled to compensation for assets managed and used by the State, and agencies, organizations, units, state-owned enterprises whose land is recovered and are entitled to support as specified in clause 4 Article 4 of Decree number 01/2017/NĐ-CP.

3. An electronic transaction account for the issuance of work permits for foreign workers is an account registered by employers to log in to the electronic portal to issue work permits for foreign workers.

Chapter II

SPECIFIC PROVISIONS

Article 3. Determining the remaining value of legally established attached assets that do not originate from the state budget to be refunded to the asset owner when the State recovers land due to violations of laws on land (guiding clause 1 Article 18a of Decree number 47/2014/NĐ-CP dated May 15, 2014 of the Government - supplemented at clause 2 Article 4 of Decree number 01/2017/NĐ-CP)

1. The provincial People's Committee shall examine each specific case to decide on the refund of the remaining value of attached assets for cases where the State recovers land due to violations of laws on land as specified in point c and point g clause 1 Article 64 of the Land Law.

2. The determination of the remaining value of attached assets to be refunded to the asset owner as stipulated in clause 1 of this Article shall be carried out at the time the State recovers the land.

3. The remaining value of attached assets as stipulated in clause 2 of this Article is the total remaining value of each attached asset being recovered. The remaining value of each attached asset is determined as follows:

a) The remaining value of crops and livestock is determined by the compensation amount for crops and livestock as specified in Article 90 of the Land Law;

b) The remaining value of houses, architectural structures, other construction works attached to land (hereinafter referred to as construction works attached to land) is determined according to the following formula:

Where:

- The percentage of remaining quality of construction works attached to land is determined according to the following formula:

- The new construction cost of construction works attached to land is determined according to the following formula:

For construction works attached to land partially recovered where the remaining part cannot be used, the refund value equals the remaining value of the entire construction work attached to land; in cases where construction works attached to land are partially recovered but the remaining part can still be used, the refund value equals the value of the construction work attached to land being recovered and the costs for repairing and completing the remaining part according to equivalent technical standards of the construction work attached to land before demolition.

For construction works attached to land that do not meet technical standards as prescribed by the relevant Ministry or are not included in specific local regulations, the provincial People's Committee directs relevant functional agencies to determine the remaining value of construction works attached to land in accordance with legal provisions and actual conditions in the locality.

4. The financial agency (of the authority with the right to recover land) shall take the lead and coordinate with related agencies to establish a Board to determine the remaining value of attached assets as stipulated in clause 3 of this Article; submit it for approval by the same-level People's Committee. If necessary, the financial agency may hire a valuation organization to determine the remaining value of attached assets as stipulated in clause 3 of this Article; based on this, the financial agency shall take the lead and coordinate with related agencies to review the remaining value of attached assets determined by the valuation organization, and submit it for approval by the same-level People's Committee.

5. Allocation and leasing of recovered land (including attached assets) shall be conducted through public auction in accordance with laws on land.

a) The starting price for auction includes the value of land use rights, land rent determined according to the provisions of laws on collecting land use fees, land rent, water surface rent, and the remaining value of assets attached to the land as stipulated in Clause 3 and Clause 4 of this Article.

b) The amount collected from the auction, after deducting related expenses for the auction, shall be handled as follows:

- Repaying the remaining value of assets attached to the land as stipulated in Clause 3 and Clause 4 of this Article to the asset owner;

- The remaining amount shall be deposited into the state budget according to the provisions of laws on the state budget.

6. In cases where the transfer of land or lease of land has been recovered without going through the auction process as prescribed in Clause 2, Article 118 of the Land Law, in addition to paying land use fees and land rent according to the provisions of laws on collecting land use fees, land rent, and water surface rent, the person receiving the land transfer or lease shall be responsible for repaying the remaining value of assets attached to the land as stipulated in Clause 3 and Clause 4 of this Article to the asset owner at the time when the State decides to transfer or lease the land to the person receiving the land transfer or lease.

7. In cases where the State uses recovered land for national defense, security, or public interest purposes, the funds for repaying the remaining value of assets attached to the land as stipulated in Clause 3 and Clause 4 of this Article shall be included in the project implementation budget and shall be regulated as follows:

a) Ministries, sectors, central agencies shall ensure the source of repayment for investment projects where they are the main investors;

b) Provincial People's Committees shall ensure the source of repayment for investment projects where localities are the main investors.

Article 4. Determination of the value of land use rights, land rent, and the remaining value of assets attached to the land for repayment to land users in cases where land users voluntarily return the land. (guidance for Clause 1 and Clause 3, Article 18a of Decree No. 47/2014/ND-CP of the Government - supplemented in Clause 2, Article 4 of Decree No. 01/2017/ND-CP)

1. The value of land use rights and land rent for repayment to land users in cases where land users voluntarily return the land shall be determined as follows:

a) In cases where land users voluntarily return residential land recognized by the State with land use rights and land transfer with payment of land use fees

a.1. For residential land

a.2 For land with a limited term

Where:

- Land grant period (*): is the land grant period of the project.

- Remaining land grant period (**): equals (=) the land grant period of the project minus (-) the period of land use up to the time the State recovers the land.

b) In cases where land users voluntarily return land that the State leases with payment of rent for the entire lease period, the repayment value is the land rent paid once for the remaining lease period, determined according to the land price at the time the State recovers the land, using the method of determining land rent as prescribed in the policy on collecting land rent and water surface rent at the time of determining the land rent obligation previously; specifically:

b.1. In cases where the land rent paid once for the entire lease period is determined according to the provisions of the law before the effective date of Decree No. 69/2009/ND-CP dated August 13, 2009 of the Government:

Where:

- Annual land rent determined at the time of land recovery (*): equals (=) the percentage (%) of land rent calculated according to the policy at the time of land recovery multiplied (x) by the land price according to the purpose of the lease period of the project as determined by the Land Price Table at the time the State recovers the land.

- Remaining lease period (**): equals (=) the lease period of the project minus (-) the period of leased land use up to the time the State recovers the land.

b.2. In cases where the land rent paid once for the entire lease period is determined according to the provisions of Decree No. 69/2009/ND-CP of the Government or the provisions of the law after the effective date of Decree No. 69/2009/ND-CP:

Where:

- Lease period (*): is the lease period of the project.

- Remaining lease period (**): equals (=) the lease period of the project minus (-) the period of leased land use up to the time the State recovers the land.

c) In cases where households or individuals voluntarily return agricultural land with origins granted by the State without payment of land use fees (and meeting the conditions for compensation):

Where: The area of agricultural land voluntarily returned (*) is within the limit of agricultural land use, excluding the area exceeding the limit of agricultural land use that must be converted to leased land according to Clause 8, Article 210 of the Land Law.

2. The provincial People's Committee shall consider each specific case to decide on the repayment of the remaining value of assets attached to the land for the cases where land users voluntarily return the land as stipulated in Point c, Clause 1, Article 65 of the Land Law.

The remaining value of assets attached to the land for repayment to land users in cases where land users voluntarily return the land shall be determined as in the case of the State recovering land due to violations of laws on land as stipulated in Article 3 of this Circular.

3. The financial agency (of the level authorized to recover land) shall take the lead and coordinate with relevant agencies to establish a Board to determine the value of land use rights, land rent payments, and the residual value of assets attached to the land as stipulated in Clause 1 and Clause 2 of this Article; submit for approval by the People's Committee at the same level. In cases where necessary, the financial agency may hire an appraisal organization to determine the residual value of assets attached to the land as stipulated in Clause 2 of this Article; on this basis, the financial agency shall take the lead and coordinate with relevant agencies to appraise the residual value of assets attached to the land determined by the appraisal organization, and submit for approval by the People's Committee at the same level.

4. The transfer of land, leasing of recovered land (including assets attached to the land) shall be carried out through public auction in accordance with the provisions of the Land Law:

a) The starting price for the public auction includes the value of land use rights, land rent payments determined in accordance with the laws on land use fee collection, land lease fee collection, and water surface lease fee collection, and the residual value of assets attached to the land but not lower than the value of land use rights, land rent payments, and the residual value of assets attached to the land as stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

b) The amount received from the public auction, after deducting related costs associated with the auction, shall be handled as follows:

- Repay the value of land use rights, land rent payments, and the residual value of assets attached to the land as stipulated in Clause 1, Clause 2, and Clause 3 of this Article to the land users who voluntarily return the land;

- Any remaining amount (if any) shall be deposited into the state budget in accordance with the laws on the state budget.

5. In cases where the transfer of recovered land, leasing of recovered land (including assets attached to the land) is not carried out through public auction as stipulated in Clause 2 of Article 118 of the Land Law, the person receiving the land transfer or lease shall be responsible for repaying the value of land use rights, land rent payments, and the residual value of assets attached to the land as stipulated in Clause 1, Clause 2, and Clause 3 of this Article to the land users who voluntarily return the land at the time when the State decides to transfer or lease the land to the person receiving the land transfer or lease. If the value of land use rights and land rent payments determined at the time the State decides to transfer or lease the land according to the laws on land use fee collection, land lease fee collection, and water surface lease fee collection is higher than the value of land use rights and land rent payments stipulated in Clause 1 and Clause 3 of this Article, then the difference shall be deposited into the state budget in accordance with the laws on the state budget.

6. In cases where the State uses recovered land for national defense, security, or public interest purposes, the funds to repay the value of land use rights, land rent payments, and the residual value of assets attached to the land as stipulated in Clause 1, Clause 2, and Clause 3 of this Article shall be included in the project implementation budget and shall be regulated as follows:

a) Ministries, sectors, central agencies shall ensure the source of repayment for investment projects where they are the main investors;

b) Provincial People's Committees shall ensure the source of repayment for investment projects where localities are the main investors.

Article 5. Determination of the remaining prepaid land rent to be refunded to the land user when the State recovers the land in cases where the land user has been leased land with annual rent payments but has prepaid multiple years' rent. refund to the land user when the State recovers the land. (guidance for Article 18b of Decree No. 47/2014/ND-CP of the Government - added at Clause 3 of Article 4 of Decree No. 01/2017/ND-CP)

1. The remaining prepaid land rent to be refunded to the land user when the State recovers the land shall be determined as follows:

Where:

- Annual land rent at the time of land recovery (*): equals (=) the percentage (%) of the land rent calculated according to the policy at the time of land recovery multiplied (x) by the land value according to the purpose of use of the lease term of the project determined based on the Land Price Table at the time the State recovers the land.

- Remaining prepaid land rent period (**): equals (=) the lease term minus (-) the period of land use up to the time the State recovers the land. has paid in advance for the remaining land lease term (**): equal to (=) the lease term has paid in advance for of the land minus (-) the period during which the leased land has been used up to the time when the State recovers the land.

2. The financial agency (of the level authorized to recover land) shall take the lead and coordinate with relevant agencies to establish a Board to determine the value of the remaining prepaid land rent as stipulated in Clause 1 of this Article; submit for approval by the People's Committee at the same level.

3. The funds to refund the value of the remaining prepaid land rent as stipulated in Clause 1 and Clause 2 of this Article shall be included in the project implementation budget and shall be regulated as follows:

a) Ministries and sectors shall ensure the source of repayment for investment projects under their authority to decide on investment policies approved by the National Assembly; investment decisions made by the Prime Minister but implemented by ministries and sectors; and projects invested in by ministries and sectors.

b) Provincial People's Committees shall be responsible for ensuring the source of repayment for investment projects within their jurisdiction.

4. The refund of the remaining prepaid land rent to the land user shall be carried out at the time the State decides to recover the land, in accordance with the laws on compensation, support, and resettlement when the State recovers land.

Article 6. Management and use of compensation funds for assets managed and used by the State and support funds for cases where organizations have their land reclaimed but are not compensated for land (guidance for Article 18c of Decree No. 47/2014/ND-CP of the Government - supplemented by Clause 4 of Article 4 of Decree No. 01/2017/ND-CP)

1. For state-owned enterprises whose land is expropriated and must be relocated to a new site

a) The compensation amount for assets specified in Clause 1 of Article 18c of Decree No. 47/2014/ND-CP shall be managed and used in accordance with the laws on enterprises.

b) The support amount specified in Clause 2 of Article 18c of Decree No. 47/2014/ND-CP shall be deposited into the state budget (central budget for state-owned enterprises whose land is under central management; local budget for state-owned enterprises whose land is under local management).

c) The amount already deposited into the state budget as stipulated in point b of this clause shall be prioritized for allocation in the state budget expenditure plan according to the laws on the state budget, laws on public investment, and related laws to fund the implementation of approved investment projects.

2. For cases where agencies, organizations, and units have their land expropriated and must be relocated to a new site

a) The compensation amount for assets specified in Clause 1 of Article 18c of Decree No. 47/2014/ND-CP and the support amount specified in Clause 2 of Article 18c of Decree No. 47/2014/ND-CP shall be deposited into the state budget (central budget for agencies, organizations, and units whose land is under central management; local budget for agencies, organizations, and units whose land is under local management).

The amount already deposited into the state budget as stipulated in this point shall be prioritized for allocation in the state budget expenditure plan according to the laws on the state budget, laws on public investment, and related laws to fund the implementation of approved investment projects.

b) In cases where agencies, organizations, and units have investment projects approved by competent authorities or investment proposals approved by competent authorities, wherein the project implementation capital is sourced from the compensation amount for assets specified in Clause 1 of Article 18c of Decree No. 47/2014/ND-CP and the support amount specified in Clause 2 of Article 18c of Decree No. 47/2014/ND-CP:

- Agencies, organizations, and units are permitted to open purpose-specific deposit accounts at the State Treasury, with the head of the agency, organization, or unit serving as the account holder to receive the compensation amount for assets specified in Clause 1 of Article 18c of Decree No. 47/2014/ND-CP and the support amount specified in Clause 2 of Article 18c of Decree No. 47/2014/ND-CP.

- The amount received into the purpose-specific deposit account at the State Treasury as stipulated in this point shall be used to implement the approved investment project according to the laws on the state budget, laws on public investment, and related laws.

- State Treasuries at all levels (where agencies, organizations, and units open purpose-specific deposit accounts for transactions) shall carry out control, payment, and settlement of investment capital according to regulations on basic construction investment from state budget sources when included in the assigned state budget plan according to the laws on the state budget; financial departments at all levels shall record state budget revenues and expenditures according to the laws on the state budget.

- After completing the final settlement of the completed project, if the amount received into the purpose-specific deposit account for implementing the investment project is not fully utilized, the agency, organization, or unit shall be responsible for depositing the remaining amount into the state budget (central budget for agencies, organizations, and units whose land is under central management; local budget for agencies, organizations, and units whose land is under local management).

Chapter III

IMPLEMENTATION

Article 7. Effective Date

1. This Circular takes effect from September 15, 2017.

2. During the implementation process, if there are any difficulties, agencies, organizations, and units are requested to promptly report them to the Ministry of Finance for coordination in resolving them./.