Procedures for Land Fund Payment for BT Investment Projects

1. Based on the actual progress of implementing the BT Project and the time at which the provincial People's Committee issues the decision to allocate or lease land for payment to the Investor, the Parties to the BT Contract are responsible for making payments in accordance with this Circular and reporting to the competent authority for approval of payments as follows:

- The central governing agency, the direct representative owner in cases where payment is made with land funds of state-owned houses and land at the previous location managed by central administrative agencies, public service providers, or central state-owned enterprises;- The provincial People's Committee in cases where payment is made with land funds of state-owned houses and land at the previous location managed by local administrative agencies, public service providers, or local state-owned enterprises, and other remaining cases of payment with land funds.

2. The competent authority sends a payment proposal to the financial authority (the Ministry of Finance for cases of payment with land funds of state-owned houses and land at the previous location managed by central administrative agencies, public service providers, or central state-owned enterprises; the Department of Finance for other cases).

Within 07 working days from the date the competent authority receives the payment proposal, the financial authority shall notify the State Treasury to make the payment in cash to the Investor or collect payment from the Investor to the state budget.

For the case where the Investor makes a payment to the state budget according to the law regarding land levy, land rent, or water surface rent, the financial authority notifies the difference to the Tax Authority so that the Tax Authority issues a Payment Notice to the Investor according to the law on land levy, land rent, or water surface rent and the State Treasury to collect payment to the state budget.

More details can be found in Circular 183/2015/TT-BTC effective from January 01, 2016.

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