THE MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 69/2006/TT-BTC
Hanoi, August 02, 2006
 
CIRCULAR
AMENDING AND SUPPLEMENTING THE FINANCE MINISTRY'S CIRCULAR NO. 116/2004/TT-BTC OF DECEMBER 7, 2004, WHICH GUIDES THE IMPLEMENTATION OF THE GOVERNMENT'S DECREE NO. 197/2004/ND-CP OF DECEMBER 3, 2004, ON COMPENSATION, SUPPORT AND RESETTLEMENT UPON LAND RECOVERY BY THE STATE
Pursuant to the November 26, 2003 Land Law;
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. 181/2004/ND-CP of October 29, 2004, on the implementation of the Land Law;
Pursuant to the Government's Decree No. 197/2004/ND-CP of December 3, 2004, on compensation, support and resettlement upon land recovery by the State;
Pursuant to the Government's Decree No. 17/2006/ND-CP of January 27, 2006, amending and supplementing a number of articles of the Decrees guiding the implementation of the Land Law and Decree No. 187/2004/ND-CP on transformation of state companies into joint-stock companies,
The Ministry of Finance hereby guides amendments and supplements to the Finance Ministry's Circular No. 116/2004/TT-BTC of December 7, 2004, guiding the implementation of the Government's Decree No. 197/2004/ND-CP of December 3, 2004, on compensation, support and resettlement upon land recovery by the State (hereinafter collectively referred to as Circular No. 116/2004/TT-BTC) as follows:
1. To amend and supplement Point 3.2, Section 3 of Part I as follows:
"3.2. Organizations or individuals that are allotted or leased land by the State for use for the purposes specified in Clause 1, Article 1 of Decree No. 197/2004/ND-CP shall be obliged to pay expenses for compensation, support and resettlement. Foreign organizations and individuals and overseas Vietnamese that invest in Vietnam and are allotted land with collection of land use levies or leased land by the State shall not have to bear expenses for compensation, support and resettlement.
Organizations or individuals that are allotted land and pay land use levies or are leased land by the State and pay money for compensation, support or resettlement as well as foreign organizations and individuals and overseas Vietnamese that invest in Vietnam and advance money for compensation, support or resettlement according to the provisions of Decree No. 197/2004/ND-CP shall have the paid money amounts for land-related compensation or support subtracted from the land use levies or land rents payable to the State. The to be-subtracted amounts shall not exceed the payable land use levies and land rents according to regulations."
2. To amend and supplement Point 3.1, Section 3 of Part II as follows:
"3.1. Clause 1 provides that the land price for compensation calculation shall be the price of recovered land based on its recognized current use purpose as provided for by law at the time of issuance of land recovery decisions, which is publicized by provincial/municipal People's Committees (hereinafter collectively referred to as provincial-level People's Committees) on January 1 every year under the Government's regulations. Compensations shall be paid neither according to the price of land to be used for another purpose after being recovered nor according to the price of land which has in fact been used for purposes not provided for by law.
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