THE MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 29/2006/TT-BTC
Hanoi, April 04, 2006
 
CIRCULAR
GUIDING THE IMPLEMENTATION OF THE GOVERNMENT'S DECREE No. 13/2006/ND-CP OF JANUARY 24, 2006, ON THE VALUATION OF LAND-USE RIGHTS FOR INCLUSION IN THE VALUE OF ASSETS OF ORGANIZATIONS ALLOCATED LAND BY THE STATE WITHOUT COLLECTION OF LAND USE LEVY
Pursuant to the November 26, 2003 Land Law; Pursuant to the Government's Decree No. 14/1998/ ND-CP of March 6,1998, on the management of state property;
Pursuant to the Government's Decree No. 77/2003/ND-CP of July 1, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
Pursuant to the Government's Decree No. 13/2006/ ND-CP of January 24, 2006, on the valuation of land-use rights for inclusion in the value of assets of organizations allocated land by the State without collection of land use levy;
The Finance Ministry hereby guides the valuation of land-use rights for inclusion in the value of assets of organizations allocated land by the State without collection of land use levy as follows:
I. GENERAL PROVISIONS
1. Regarding objects and scope of application provided for in Article 1 of the Government's Decree No. 13/2006/ND-CP of January 24, 2006, on the valuation of land-use rights for inclusion in the value of assets of organizations allocated land by the State without collection of land use levy, several cases are guided as follows:
1.1. Regarding the scope of application: This Circular guides a number of contents on the valuation of land-use rights for inclusion in the value of assets of organizations specified in Article 1 of the Government's Decree No. 13/2006/ND-CP of January 24, 2006, on the valuation of land-use rights for inclusion in the value of assets of organizations allocated land by the State without collection of land use levy (hereinafter collectively referred to as Decree No. 13/2006/ND-CP).
1.2. Regarding the objects defined in Clause 6, Article 1 of Decree No. 13/2006/ND-CP: Land allocated by the State with collection of land use levy to organizations which, however, are exempt from land use levy under the provisions of Article 12 of the Government's Decree No. 198/2004/ND-CP of December 3, 2004, on the collection of land use levy, and the guidance in the Finance Ministry's Circular No. 117/2004/TT-BTC of December 7, 2004, which is subject to the valuation of land-use rights, includes land allocated to organizations for execution of:
a/ Investment projects which belong to branches, trades or domains eligible for investment preferences and are executed in geographical areas eligible for investment preferences under the Government's regulations;
b/ Investment projects in geographical areas meeting with socio-economic difficulties or exceptional socio-economic difficulties under the Government's regulations;
c/ Projects on construction of students' dormitories with state budget capital;
d/ Projects on construction of multi-storied condominiums for industrial-park workers;
e/Projects on construction of public works for business purposes (socialization) in educational, healthcare, cultural or physical training and sport domains.
2. Bases for the valuation of land-use rights, specified in Article 2 of Decree No. 13/2006/ND-CP, are guided as follows:
2.1. Clause 1 provides for the land areas subject to valuation of land-use rights, which are land areas currently in use, allocated under decisions of competent state agencies or received from land-use right transfer; a number of specific contents thereof are guided as follows:
a/ Where the inventory has been conducted, they are the actually inventoried land areas which have been reported as land inventory results under the Prime Minister's Directive No. 28/2004/CT-TTg of July 15,2004.
b/ Where land-use right certificates have been granted, the land areas stated in the certificates are those subject to the valuation of land-use rights.
2.2. Clause 2 provides for the land prices for the valuation of land-use rights, which are prices of the allocated land; the prices of the allocated land for the valuation of land-use rights are land prices set by provincial-level People's Committees according to the Government's regulations at the time of valuation of land-use rights.
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