THE PRIME MINISTER
 
 
No. 23/2015/QD-TTg
THE SOCIALIST REPUBLIC OF  VIETNAM
Independence - Freedom - Happiness
 
Hanoi, June 26, 2015
 
DECISION
Providing the mechanism whereby the State uses land to make payment to investors implementing construction investment projects in the form of build-transfer [1]
 
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the December 16, 2002 Law on the State Budget;
Pursuant to the June 3, 2008 Law on Management and Use of State Property;
Pursuant to the June 3, 2008 Law on Promulgation of Legal Documents;
Pursuant to the November 29, 2013 Land Law;
Pursuant to the November 26, 2014 Law on Investment;
Pursuant to the Government’s Decree No. 15/2015/ND-CP of February 14, 2015, on investment in the form of public-private partnership;
At the proposal of the Minister of Finance,
The Prime Minister promulgates the Decision providing the mechanism whereby the State uses land to make payment to investors implementing construction investment projects in the form of build-transfer.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decision provides the mechanism whereby the State uses land to make payment to investors implementing construction investment projects in the form of build-transfer contract (below referred to as BT projects).
Article 2. Subjects of application
1. State agencies competent to conclude build-transfer contracts (below referred to as BT contracts).
2. Investors performing BT contracts (below referred to as investors).
3. Other agencies, organizations or individuals involved in the implementation of BT projects.
Article 3. Principles of using land to make payment for BT projects
1. The value of BT projects shall be determined in accordance with the law on construction investment.
2. The value of land areas used to make payment to investors shall be determined in accordance with the land law.
3. The use of land to make payment for a BT project shall adhere to the principle of parity and difference offsetting between the value of the BT project and the value of the land area used to make payment.
4. The time of making payment for a BT project with land is the time the People’s Committee of the province or centrally run city (below referred to as provincial-level People’s Committee) issues a decision to allocate or lease land to the investor. Such decision shall be issued upon or after completion of the BT project as prescribed in Clause 3, Article 43 of the Government’s Decree No. 15/2015/ND-CP of February 14, 2015, on investment in the form of public-private partnership.
 

[1] Công Báo Nos 657-658 (08/7/2015)