Decree No. 91/2025/NĐ-CP on the time point for determining the land price of the land fund for payment under Build-Transfer contracts at the new Thao Dien urban area, Ho Chi Minh City.

DECREE

Regulations on the time point for determining the land price of the land fund for payment under Build-Transfer contracts in the new Thu Thiem urban area, Ho Chi Minh City

Construction - Transfer at the new Thu Thiem urban area,

Ho Chi Minh City

Pursuant to the Government Organization Law on February 18, 2025;

Pursuant to the Law on Legislative Regulatory Documents issued on February 19, 2025;

Pursuant to the Land Law dated January 18, 2024;

Pursuant to the Public-Private Partnership Investment Law dated June 18, 2020;

At the proposal of the Minister of Finance;

The Government issues this Decree to regulate the time point for determining the land price of the land fund for payment under Build-Transfer contracts in the new Thu Thiem urban area, Ho Chi Minh City,

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates the time point for determining the land price of the land fund for payment for investment projects under Build-Transfer contracts (BT Projects) in the new Thu Thiem urban area, Ho Chi Minh City, as specified in the Inspection Conclusion No. 1037/KL-TTCP dated June 26, 2019 of the Government Inspectorate, including:

a) Investment construction project of four main roads in the new Thu Thiem urban area;

b) Investment construction project of Thu Thiem Bridge No. 2;

c) Investment construction project of technical infrastructure in the northern residential area and completion of the north-south trunk road in the new Thu Thiem urban area.

2. This Decree applies to state agencies, investors, organizations, and individuals related to the implementation of the BT Projects as stipulated in Clause 1 of this Article.

Article 2. Implementation Principles

1. Ensuring compliance with authority, procedures, and formalities prescribed by relevant laws at the time of signing the BT Contract.

2. Strictly implementing inspection conclusions that have taken effect; only considering, handling, and resolving difficulties and obstacles in implementing inspection conclusions due to violations or errors caused by the fault of state management agencies or both the state management agencies and investors.

3. Strictly monitoring and penalizing organizations and individuals who take advantage of the implementation of this Decree to engage in corruption or negative practices; preventing the emergence of new violations.

4. Organizing the implementation of this Decree must ensure compatibility with actual circumstances and specific historical contexts of the BT Projects as stipulated in Article 1 of this Decree; common interests; protecting the legitimate rights and interests of all relevant subjects according to the law; not causing disputes or complaints.

5. Ensuring no loss of state assets.

Article 3. Conditions for Application

The BT Projects as stipulated in Article 1 of this Decree shall apply Article 4 of this Decree when meeting the following conditions:

1. The BT Contract is signed in accordance with the legal provisions on the authority to sign contracts and the approved policy by the Prime Minister regarding the transfer of other projects for the investor to implement concurrently with the BT Project, and construction begins after the signing of the contract.

2. The contents of the officially signed BT Contract do not change from the contents of the preliminary signed BT Contract concerning:

a) Objectives and scale of the project;

b) Total investment capital of the BT Project;

c) Payment method for the investor.

3. There is evidence showing that the investor has commenced the BT Project immediately after signing the preliminary BT Contract.

4. Payment shall be made based on the principle of offsetting between the total investment capital of the BT Project and the value of the land fund for payment as stipulated in the preliminary signed BT Contract and this Decree.

5. Determining the value of the BT Project as the basis for payment must comply with the principle of not increasing the total investment capital throughout the entire validity period of the BT Contract; the final settlement value of the BT Project does not exceed the total investment capital of the BT Project as stipulated in the contract.

Article 4. Time for Determining Specific Land Value for the Land Fund to be Paid Under the BT Contract and Payment of Land Use Fee and Rent for Land for Projects in the New Thu Thiem Urban Area, Ho Chi Minh City

1. For the area used to pay investors under the BT Project based on the principle of offsetting between the investment capital of the BT Project and the value of the land fund to be paid, the time for determining the land value is the signing time of the BT Contract.

2. For the excess area between the land fund area specified in the signed BT Contract and the area after offsetting according to Clause 1 of this Article where the total value of the land fund to be paid exceeds the total investment capital of the BT Project (hereinafter referred to as the excess area), the payment of land use fee and rent for land shall be carried out as follows:

a) The investor shall pay additional land use fee and rent for land for the excess area in accordance with the laws on land.

b) The collection and payment of land use fee and rent for land and the determination of land value for calculating the land use fee and rent for land for the excess area shall be carried out in accordance with Article 257 of the Land Law No. 31/2024/QH15 and the detailed decrees of the Government on the Land Law.

c) In case the investor has already paid money into the city budget according to the signed contract at the signing time of the contract and paid money according to the Audit Conclusion No. 1037/KL-TTCP dated June 26, 2019 of the State Audit Office, this amount will be recorded to offset the land use fee and rent for land that the investor must pay according to point a of this clause.

3. In case there is a difference between the value of the land fund to be paid and the value of the final settlement of the BT Project after the settlement of the BT Project and the implementation of offsetting according to Clauses 1 and 2 of this Article, the People's Committee of Ho Chi Minh City and the investor shall settle the difference according to the provisions of the BT Contract.

4. The form of land use for the area used to pay investors under the BT Project and the excess area is the form of state allocation of land with payment of land use fee or lease of land with one-time payment of rent for the entire lease period according to the laws on land.

5. The policy of exemption or reduction of land use fee and rent for land shall not be applied to the excess area specified in Clause 2 of this Article.

Article 5. Responsibilities for Implementation

1. The People's Committee of Ho Chi Minh City is responsible for reviewing to ensure that BT Projects comply with all conditions stipulated in Article 3 of this Decree, including:

a) Reviewing the contents of the signed BT Contract and the officially signed BT Contract of each project to have a basis for determining compliance with the conditions stipulated in Clause 2 of Article 3 of this Decree. In case there are changes in the contents between the officially signed BT Contract and the signed BT Contract, one of the following two methods shall be implemented:

- The People's Committee of Ho Chi Minh City agrees with the investor to amend and supplement the officially signed BT Contract according to the signed BT Contract.

- The People's Committee of Ho Chi Minh City implements the contents agreed with the investor in the signed contract according to Article 4 of this Decree; decides and takes responsibility for the remaining contents including land allocation, land lease, calculation of land use fee and rent for land to implement other projects agreed in the officially signed contract, ensuring compliance with the law.

b) Reviewing and determining the basis to confirm that the investor implements the BT Project immediately after signing the BT Contract as a basis for determining compliance with the conditions stipulated in Clause 3 of Article 3 of this Decree;

c) Rechecking the boundaries, locations, areas, and land values of the area to determine the land value and land lease for the area used to pay investors according to Clause 1 of Article 4 of this Decree; rechecking the boundaries, locations, areas, and land values of the additional land area to be allocated or leased in case the allocated land area is insufficient to offset according to Clause 1 of Article 4 of this Decree (if any); rechecking the boundaries, locations, areas, and land values of the excess area according to Clause 2 of Article 4 of this Decree. In case the land value is changed after rechecking, an agreement to sign an appendix to the officially signed BT Contract to update the value of the land fund to be paid shall be made with the investor. d) Reviewing the decisions on land allocation and lease that have been issued to consider adjustment or issuance of additional decisions on land allocation and lease, ensuring compliance with the laws on land.

2. In addition to the responsibilities stipulated in Clause 1 of this Article, the People's Committee of Ho Chi Minh City shall have the following responsibilities:

a) Proposing the State Audit Office to conduct an audit of the completion value of the BT Project; determining the area and land value of the land fund used to pay for the BT Project; determining the excess area and land value of the excess area according to the laws on land.

b) Taking the lead and coordinating with the Government Inspectorate to inspect and supervise the implementation of projects according to this Decree and related laws; strictly handling organizations and individuals who take advantage of the implementation of this Decree to engage in corruption and malpractice (if any).

c) Cooperating with investors and relevant agencies to implement projects according to this Decree and related laws, ensuring compliance with the principles stipulated in Article 2 of this Decree.

3. Investors are responsible for:

a) Cooperating with the People's Committee of Ho Chi Minh City and relevant agencies to fulfill the responsibilities stipulated in Clauses 1 and 2 of this Article.

b) The accuracy of the documents related to the organization and implementation of the BT Project immediately after signing the BT Contract.

c) Completing the BT Project according to the schedule stipulated in the officially signed BT Contract and implementing the conclusions of the Government Inspectorate and the State Audit Office.

d) Paying additional land use fee and rent for land according to Clause 2 of Article 4 of this Decree into the city budget.

d) Pay additional land use fees and land rental fees in accordance with Clause 2, Article 4 of this Decree into the city budget.

4. The People's Committee of Ho Chi Minh City shall be responsible for issuing decisions on specific land prices, calculating land use fees, and land lease fees for the land fund to be settled for offsetting as prescribed in Clause 1, Article 4 of this Decree and supplementing according to the provisions of Clause 2, Article 4 of this Decree; announcing and collecting land use fees and land lease fees in accordance with the laws on collection of land use fees and land lease fees; and investors completing their financial obligations regarding land for projects before January 1, 2030.

Article 6. Effectiveness

1. This Decree takes effect from the date of issuance.

2. This Decree ceases to be effective when the People's Committee of Ho Chi Minh City and investors complete their responsibilities as prescribed in Clause 4, Article 5 of this Decree.

3. The Chairman of the People's Committee of Ho Chi Minh City and agencies and units under the People's Committee of Ho Chi Minh City shall be responsible for implementing this Decree./.