How is the value of land funds for BT Project payments determined?

According to the provisions of Decree 69/2019/ND-CP, the value of the land fund for payment is the land levy or land rent paid once for the entire lease period. The determination of the land fund's value for payment is carried out in accordance with the law on land levy collection, land rent, and water surface rent. Land levy and land rent exemptions or reductions do not apply when determining the value of the land fund for payment.

Source: Internet

Specific provisions:

Firstly, regarding the order and procedures for determining land value: The value of the land fund is determined according to the specific land valuation procedures stipulated by the land law; specifically:

- The value of the land fund for payment is determined at the time of the land allocation or lease decision by the competent state authority, as regulated by the land law.- The Department of Natural Resources and Environment organizes the determination of the land fund's value for payment to report to the Land Valuation Appraisal Council.- Based on the appraisal results of the Land Valuation Appraisal Council, the Provincial People's Committee approves the value of the land fund.

Secondly, determining the value of the Land Fund:

- The value of the land fund for payment is determined to be equivalent to the value of the BT Project and does not change from the date the competent state authority determines it; except where the competent state authority allows adjustment of land use planning or construction planning in accordance with the law, leading to a change in the value of the land fund for payment, it is handled as follows:

- The adjusted value of the land fund for payment is determined in accordance with the law at the time the competent state authority permits adjustment of land use planning or construction planning. The adjusted value is recorded in the Appendix to the BT Contract signed between the competent state authority and the Investor and aggregated into the value of the land fund to pay the investor.- The order and procedures for determining the adjusted value of the land fund for payment are in accordance with the provisions of [**Decree 69/2019/ND-CP**](https://lawnet.vn/vb/nghi-dinh-69-2019-nd-cp-ve-tai-san-cong-thanh-toan-cho-nha-dau-tu-khi-thuc-hien-du-an-dau-tu-56762.html).

- The actual value of the land fund for payment is the value of the land fund for payment after being adjusted according to the Appendices of the BT Contracts (if any) and ensures the principles stipulated in Clause 2, Article 3 of Decree 69.

See the full text of the regulations at Decree 69/2019/ND-CP, effective from October 1, 2019.

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