Decree No. 91/2025/ND-CP dated April 24, 2025 on the time of determining land prices of the land bank for payment under Build – transfer contracts at the Thu Thiem New Urban Area, Ho Chi Minh City

DECREE

on the time of determining land prices of the land bank for payment under Build – transfer contracts at the Thu thiem New Urban Area, Ho Chi Minh City

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

Pursuant to the Law on Promulgation of Legislative Documents dated February 19, 2025;

Pursuant to the Law on Land dated January 18, 2024;

Pursuant to the Law on PPP Investment dated June 18, 2020;

At the request of the Minister of Finance;

The Government hereby promulgates a Decree on the time of determining land prices of the land bank for payment under Build – transfer contracts at the Thu thiem New Urban Area, Ho Chi Minh City

Article 1. Regulated scope and entities

1. This Decree provides for the time for determining land prices of land banks for payment in investment projects under Build-Transfer (BT) contracts in the Thu thiem New Urban Area, Ho Chi Minh City, according to Inspection Conclusion No. 1037/KL-TTCP dated June 26, 2019, by the Government Inspectorate, including:

a) Investment projects to build 04 main roads in the Thu Thiem New Urban Area;

b) Investment projects to build Thu Thiem 2 Bridge;

c) Investment projects to build technical infrastructure in the Northern residential area and complete the North-South axis road in the Thu Thiem new urban area.

2. This Decree applies to regulatory agencies, investors, organizations and individuals related to the implementation of BT projects specified in clause 1 of this Article.

Article 2. Principles of implementation

1. Ensure that the authority, procedures, and processing methods are in accordance with the relevant laws at the time of initialing a BT Contract.

2. Strictly implement the inspection conclusions that have come into effect; only consider, address, and remove difficulties and obstacles in the implementation of the inspection conclusions if the causes of violations or misconduct are due to the fault of state management agencies or the fault of both state management agencies and investors.

3. Inspect, supervise, and strictly handle organizations and individuals who exploit the implementation of this Decree for corruption and negative actions; prevent the emergence of new violations.

4. The organization and implementation of this Decree shall ensure alignment with the objective realities and specific historical contexts of the BT Projects stipulated in Article 1 of this Decree; uphold the collective and overall interests; protect the legal and legitimate rights and interests of the relevant parties as prescribed by law; and prevent the emergence of disputes and complaints.

5. Ensure that there is no loss of state assets.

Article 3. Conditions for application

The BT projects specified in Article 1 of this Decree shall be subject to Article 4 of this Decree when they meet all of the following conditions:

1. BT contracts are initialed in accordance with law on the authority to sign contracts and the guidelines approved by the Prime Minister concerning the assignment of other projects for investors to concurrently implement with the BT Projects, to commence construction after the parties have initialed the contracts.

2. The content of an officially signed BT Contract remains unchanged compared to the content of an initialed BT Contract regarding:

a) The objectives and scope of the project;

b) Total investment capital of the BT project;

c) Payment method for investor.

3. There is evidence to confirm that the investor has commenced a BT Project immediately after initialing a BT Contract.

4. The payment shall be made based on the principle of offsetting between the total investment capital of a BT Project and the value of the land bank for payment according to the provisions of the initialed BT contract and the provisions of this Decree.

5. The determination of the value of a BT Project shall serve as the basis for payments in accordance with the principle of not increasing the total investment capital throughout the entire effective period of the BT Contract; the final settlement value of the BT Project shall not exceed the total investment capital of the BT project as stated in the contract.

Article 4. The time for determining specific land prices of land banks for payment under BT contracts and for calculating land levies and land rents for projects in the Thu Thiem New Urban Area, Ho Chi Minh City.

1. For the area used to compensate the investor for the implementation of a BT Project based on the principle of offsetting between the total investment capital of the BT Project and the value of the land bank for compensation, the time of determining land prices is the time of initialing a BT Contract.

2. Regarding the differential land area between the area of the land bank for payment stipulated in an initialed BT contract and the land area after offsetting according to the provisions in Clause 1 of this Article, where the total value of the land bank for payment exceeds the total investment capital of the BT project (hereinafter referred to as “the differential land area”), land levies and land rents shall be paid as follows:

a) The investor shall pay additional land levies and land rents for the differential land area in accordance with land laws;

b) The collection and payment of land levies, land rents, and land prices for calculating land levies and land rents for the differential land area shall be determined in accordance with the provisions of Article 257 of the Land Law No. 31/2024/QH15 and the Decrees of the Government elaborating the Land Law;

c) In cases where the investor has made a payment into the budget of the City as stipulated in the initialed contract at the time of initialing the contract and according to the Inspection conclusion No. 1037/KL-TTCP dated June 26, 2019 from the Government Inspectorate, this amount of payment shall be recorded for deduction against the land levies and land rents that the investor is required to pay as stipulated in point a of this clause.

3. In the event that, after the settlement of a BT Project and the offsetting is carried out in accordance with the provisions of Clauses 1 and 2 of this Article, there is a discrepancy between the value of the land bank for payment and the value of the settled BT Project, the People's Committee of Ho Chi Minh City and the investor shall make the payment for the discrepancy in accordance with the provisions of the BT Contract.

4. The land used for payment for the investor to implement a BT Project and the differential land area shall be allocated with land levy payment or leased out under one of arrangements in accordance with the regulations of land law.

5. The policy of exemption or reduction of land levies and land rents shall not apply to the differential land area stipulated in Clause 2 of this Article.

Article 5. Implementation

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

a) Conduct a review of the contents of the initialed BT contract and the officially signed BT contract for each project to establish a basis for determining compliance with the conditions specified in Clause 2, Article 3 of this Decree. In the event of any discrepancies between the officially signed BT Contract and the initialed BT Contract, one of the following two methods shall be implemented:

- The People's Committee of Ho Chi Minh City has reached an agreement with the investor to amend and supplement the officially signed BT Contract in accordance with the initialed BT Contract.

- The People's Committee of Ho Chi Minh City shall carry out the contents agreed upon with the investor in the initialed contract in accordance with the provisions of Article 4 of this Decree; decide and be responsible for the remaining contents including land allocation, land lease, calculation of land levies, and land rents for the implementation of other projects agreed upon in the official signed contract, ensuring compliance with the law.

b) Review and identify the basis for asserting that the investor implements the BT Project immediately after initialing the BT Contract as a basis for determining compliance with the conditions specified in Clause 3, Article 3 of this Decree.

c) Review and re-establish the boundaries, location, area, and land price of the land area, the decision on allocation or lease of which has been issued to be used for payment to the investors as stipulated in Clause 1, Article 4 of this Decree; determine the boundaries, location, area, and land price for the additional land area to be allocated or leased in case the previously allocated area is insufficient for the offsetting as provided in Clause 1, Article 4 of this Decree (if applicable); review and establish the boundaries, location, area, and land price of the differential land area as stipulated in Clause 2, Article 4 of this Decree. In cases where the value of the land bank for payment changes after the re-determination of land prices, an Appendix of the officially signed BT contract shall be signed with the investor in order to update the value of the land bank for payment.

d) Review the decisions on land allocation and land lease that have been issued to consider the adjustment or issuance of decisions on additional land allocation and land lease, ensuring compliance with the provisions of land law.

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

a) Request the State Auditor to conduct an audit on the determination of the value of the completed BT Project; determine the land area and land price of the land bank used for payment for the BT Project; determine the area of differential land and the land price of the differential land area in accordance with land laws.

b) Take charge and cooperate with the Government Inspectorate in inspecting and supervising the implementation of projects in accordance with the provisions of this Decree and relevant laws; strictly handle organizations and individuals that exploit the implementation of this Decree for corruption and misconduct (if any);

c) Cooperate with investors and relevant agencies in implementing projects in accordance with the provisions of this Decree and related laws, ensuring compliance with the principles stipulated in Article 2 of this Decree.

3. Investors are responsible for:

a) Coordinate with the People's Committee of Ho Chi Minh City and relevant authorities to carry out the responsibilities specified in Clauses 1 and 2 of this Article;

b) Regarding the accuracy of the records and documents related to the organization and implementation of BT Projects immediately after the initialing BT Contracts;

c) Complete BT Projects in accordance with the schedule specified in the officially signed BT Contracts and implement the conclusions of the Government Inspectorate and the State Audit.

d) Pay the additional land levies and land rents as prescribed in Clause 2, Article 4 of this Decree to the City’s budget.

4. The People's Committee of Ho Chi Minh City is responsible for issuing specific land price decisions, calculating land levies and land rents for land banks used for payment in accordance with the provisions of Clause 1, Article 4 of this Decree, and making additional payments as prescribed in Clause 2, Article 4 of this Decree; notifying and collecting land levies and land rents in accordance with the law on land levies, land rents, and ensuring that investors fulfill their land-related financial obligations for projects before January 1, 2030.

Article 6. Effect

1. This Decree comes into force from the date on which it is signed.

2. This Decree shall cease to be effective when the People's Committee of Ho Chi Minh City and the investors fulfill the responsibilities stipulated in Clause 4, Article 5 of this Decree.

3. The Chairperson of the People's Committee of Ho Chi Minh City and the agencies and units under the People's Committee of Ho Chi Minh City are responsible for the implementation of this Decree./.