THE GOVERNMENT
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No. 59/2014/ND-CP
Hanoi, June 16, 2014
 
DECREE
Amending and supplementing a number articles of the Government’s Decree No. 69/2008/ND-CP of May 30, 2008, on policies to encourage socialization in the fields of education, vocational training, healthcare, culture, sports and environment [1]
 
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Investment Law;
Pursuant to the November 29, 2006 Law on Tax Administration; and the November 20, 2012 Law Amending and Supplementing a Number of Articles of the Law on Tax Administration;
Pursuant to the November 29, 2013 Land Law;
At the proposal of the Minister of Finance,
The Government promulgates the Decree amending and supplementing a number articles of the Government’s Decree No. 69/2008/ND-CP of May 30, 2008, on policies to encourage socialization in the fields of education, vocational training, healthcare, culture, sports and environment.
Article 1. To amend and supplement a number of articles of the Government’s Decree No. 69/2008/ND-CP of May 30, 2008
1. To amend Clause 1 of Article 1 as follows:
“1. Scope of regulation of the Decree
Fields in which socialization is encouraged include education-training, vocational training, healthcare, culture, physical training and sports, environment, and judicial expertise.”
2. To amend and supplement Article 5 as follows:
“Article 5. Lease and construction of material foundations
1. Ministries and sectors in charge of the fields in which socialization is encouraged and People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees) shall, based on budget capacity and the need to encourage socialization, invest in infrastructure facilities and partially or completely build new works, or use existing construction works and infrastructure facilities for lease for a definite term to socialization establishments.
2. In case the state budget cannot arrange or insufficiently arranges funds for investment in infrastructure facilities and construction of works for lease, ministries and sectors in charge of the fields in which socialization is encouraged and provincial-level People’s Committees shall reach agreement with socialization establishments so that the latter will pay rentals in advance so as to create funds for investment and construction activities.
The advanced rental amount shall be converted into the number of years or months for which rentals for infrastructure facilities or works used for socialization activities have been paid.
3. Rental rates for infrastructure facilities and part or the whole of works for use for socialization activities shall be decided by ministries or sectors in charge of the fields in which socialization is encouraged and provincial-level People’s Committees after reaching agreement with socialization establishments in the principle that rental rates shall be determined in line with common rates in the market, with incentives offered by localities at the time of signing lease contracts taken into consideration, but must fully cover expenses for forming leased assets.
4. Socialization establishments that have paid or advanced rentals for infrastructure facilities and works used for socialization activities may:
a/Make further investments so as to complete socialization projects to conduct production and business activities in accordance with law, in case they rent infrastructure facilities and part of works for use for socialization activities;
b/ Account the amount of rentals for infrastructure facilities and works used for socialization activities (already paid or advanced) as project costs according to regulations;
c/ Calculate the value of their additional investments (if any) into projects’ investment capital and use these additionally invested assets as loan collaterals.