Thông tư 41/2015/TT-BTC về việc sắp xếp lại, xử lý nhà, đất thuộc sở hữu Nhà nước

THE MINISTRY OF FINANCE

Circular No.41/2015/TT-BTC dated March 27, 2015 of the Ministry of Finance amending Article 9 of the Circular No. 39/2011/TT-BTC dated March 22, 2011 of the Ministry of Finance onre-arranging and dealing with state owned housing and land

Pursuant to the Decree No. 215/2013/ND-CPdated December 23, 2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to theNo. 52/2009/ND-CP dated June 03, 2009 of the Government detailing and guiding a number of articles of the law on management and use of state property;

Pursuant to the Decision No.140/2008/QD-TTg dated October 21, 2008 of the Prime Minister on amending, supplementing the Decision No. 09/2007/QD-TTg dated January 19, 2007 of the Prime Minister onre-arranging and dealing with state owned housing and land;

Pursuant to the Decision No.71/2014/QD-TTg dated Decemeber 17, 2014 of the Prime Minister on amending, supplementing Clause 5 Article 1 of the Decision No. 140/2008/QD-TTg dated October 21, 2008 of the Prime Minister onre-arranging and dealing with state owned housing and land;

At the proposal of the Director of the Department of Public asset management;

The Minister of Finance promulgates the Circular amending Article 9 of the Circular No. 39/2011/TT-BTC dated March 22, 2011 of the Ministry of Finance onamending, supplementing the Circular No.83/2007/TT-BTC dated July 16, 2007 guilding the implementation of the Decision No. No. 09/2007/QD-TTg dated January 19, 2007 and the Circular No. 175/2009/TT-BTC dated September 09, 2009 guiding the implementation of the DecisionNo.140/2008/QD-TTg dated October 21, 2008 of the Prime Minister onre-arranging and dealing with state owned housing and land (hereinafter referred to as the Circular No.39/2011/TT-BTC).

Article 1. To amend Article 9 of the Circular No. 39/2011/TT-BTC as follows:

1. To amend Clause 1 and Clause 2 as follows:

“5.1.Proceeds from sale of assets on the land, from assignment of the land use right (for administrative bodies, professional units, organizations, and state enterprises) are managed as follows:

a) Remitted to the escrow account of the Ministry of Finance at the State Treasury that the Department of Public asset management is the account holder (for administrative bodies, professional units, organizations, and state enterprises under the central authority) with the following information:

- Beneficiary unit: Department of Public asset management

- Account code:3941.0.9071257.00000

- Code:9071257

b) Remitted to the account of the Department of Finance that the Provincial Department of Finance is the account holder (for administrative body, professional unit, organizations, and state enterprises under the local authority).

c) Time limit to remit must be specified under Regulations on auction, Sale Contract of the asset. Within 90 days since relevant authorities approved the auction results (for ways of auction) or the Department of Finance promulgated the notifications on price of sale of assets on the land and from assignment of the land used right (for ways of appointment), the entire amount of money collected from sale of assets on the land and from assignment of the land use right must be remitted to the escrow account of the Ministry of Finance (for administrative body, professional unit, organizations, and state enterprises under the central management) or Department of Finance (for administrative body, professional unit, organizations, and state enterprises under the local management) as specified under the Decision No.71/2014/QD-TTg dated December 17, 2014 of the Prime Minister on amending, supplementing Clause 5 Article 1 of the Decision No. 140/2008/QD-TTg dated October 21, 2008 of the Prime Minister on amending, supplementing the Decision No. 09/2007/QD-TTg dated January 19, 2007 of the Prime Minister onre-arranging and dealing with state owned housing and land (hereinafter referred to as the Decision No.71/2014/QD-TTg). If there is no decision on approval of bidding results, time limit of 90 days shall be from the openning of the bidding.

Within 90 days, if organizations, individuals buying assets fail to remit to the escrow account, the late amount of money shall be paid in accordance with the law on tax management. In this case,administrative body, professional unit, organizations, and state enterprises selling assets must send documents and dossiers to the Tax Department (where the land being sold is located) to determine and issue the notification on the amount of late payment according to the law on tax management. Amount of money from late payment shall be in the revenue of local budget.

The dossier sent to the Tax Department includes;

- Sale contract of the auction asset (for auction cases) or sale contract of the asset (for assignment cases).

- Decision on aprroval of auction results ( for auction cases) issued by relevant authorities (if any) or notification on price ofsale of assets on the land and from assignment of the land used right (for appointment cases) of the Department of Finance.

- Remittance documents (copies).

If the late payment is due toadministrative bodies, professional units and organizations, state enterprises, violating organizations, individuals shall be handled as specified under the law.

If time limit for the remittance, late payment is not specifically specified under regulations on bidding, sale contract of the asset, late payment shall be implemented according to the regulations under Decision No.71/2014/QD-TTg and guidlines under this Point.

Contents of Sale contract of the asset for assignment cases shall be in accordance with the Form No. 01-HDBCD promulgated together with this Circular.

Contents of Sale contract of the auction asset for auction cases shall be in accordance with the Form No. 02-HDBCD promulgated together with this Circular.

d) Within 15 days since the signing date of the Sale contract of the asset, the Ministries, sectors, groups, corporations (administrative bodies, professional units and organizations under the management of a central authority); departments, sectors, state enterprises (administrative bodies, professional units and organizations under the management of a local authority) must send a notification in writing to the account holder on selling houses, land and the following documents:

- Sale contract of the auction asset (for auction cases) or sale contract of the asset (for assignment cases).

- Decision on aprroval of auction results ( for auction cases) issued by relevant authorities (if any) or notification on price ofsale of assets on the land and from assignment of the land used right (for assignment cases) of the Department of Finance.

5.2. The provisional account holder shall pay related expenses (including expenses for moving households, individuals) fromproceedsfromthe sale ofassets on the land,and from assignment of the land use right.

5.2.1. Related expenses to be deducted from proceeds from the sale ofassets on the land,and from assignment of the land used right for administrative bodies, professional units and organizations include:

a)  Expenses for survey of housing and land;

b) Expenses for valuation and evaluation of the price and auction fees, expenses for holding an auction;

c) Expenses for relocation, including:

- Expenses for removing, transportation, installing equipment, machines;

- Expenses supporting for relocating households, individuals;

d) Other relevant expenses.

5.2.2. Related expenses to be deducted from proceeds from the sale ofassets on the land,and from assignment of the land used right for state enterprises include:

a)  Expenses for survey of housing and land;

b) Expenses for valuation and evaluation of the price and auction fees, expenses for holding an auction;

c) Value of land use right for the land area transferred for land use right;

d) Expenses for relocation as stipulated, including:

- Expenses for removing, transportation, installing equipment, machines;

- Expenses supporting for relocating households, individuals (if any);

dd) Remaining reasonable expenses for investment in the land not sourced from the State Budget. These expenses must be supported by an actual and complete file and source documents and shall be calculated as equal to the total reasonable expenses for investment in the land minus an amount corresponding to the period for which the land was used. The remaining expenses for investment in the land shall comprise:

- Land use fee for the period during which the land was unused in the case of allocation of land for a definite period and land use fees were paid in advance for the period during which the land was in fact unused.

- Expenses for leveling of the site, and expenses for improving the land;

e) Other relevant expenses.

5.2.3. Determination of relevant expenses to be deducted from proceeds from the sale of assets on the land, assignment of the land use right

a) Administrative bodies, professional units, organizations and state enterprises selling assets on the land shall summarize expenses as specified under Point 5.2.1, Point 5.2.2 and send to the Department of Finance for evaluation. For expenses for relocating households, individuals, administrative bodies, professional units, organizations and state enterprises shall request organizations performing tasks to compensate and clear the land where houses are located to submit to relevant authorities as stipulated by the law on compensation, support, relocation; and send to the Department of Finance for general summarization.

b) The Department of Finance shall evaluate and promulgate the notifications on related expenses (including expenses for supporting for relocation of households, individuals – if any), administrative bodies, professional units, organizations and state enterprises shall request organizations shall be paid from proceeds from the sale of assets on the land and from the assignment of land use right as stipulated under Decision No.71/2014/QD-TTg.

5.2.4. Application for paying expenses is the original document of the following papers (certified copies for other necessary papers):

a) Foradministrative bodies, professional units, organizations and state enterprises under the management of central authority:

- Documents of ministries, sectors, corporations requesting for the payment (clearly specify information on item for payment).

- Documents issued by local relevant agencies approving expenses supporting for relocation.

- Other necessary papers (if any).

b)Foradministrative bodies, professional units, organizations and state enterprises under the management of local authority:

- Documents of departments, sectors, corporations requesting for the payment (clearly specify information on item for payment).

- Other necessary papers (if any).

5.2.5. Within 15 working days since the full receipt of dossier, the escrow account holder shall submit to the relevant authorities (Minister of Finance or Chairman of the provincial People’s Committee) for consider and decision on paying from escrow account or decentralize; make payment order to transfer money from escrow account into receiving account.

5.2.6. State Treasury at all levels shall pay as specified.

5.3. Proceeds from the sale of the asset on the land of the state enterprises (after deducting related expenses determined by the Department of Finance) shall be determined in the following cases:

a)  Where assets on the land are sold and the land use right is assigned by way of an auction, the sum derived from the sale of assets on the land within the successful bid price is the starting price of holding auction as stipulated under Article 7 of Circular No.39/2011/TT-BTC.

b) Where assets on the land are sold and the land use right is assigned by way of appointment, the sum derived from the sale of assets on the land shall be price approved by the provincial people s committee in accordance with Article 8 of Circular No.39/2011/TT-BTC.

5.4. Dossier, orders, procedures of paying the proceeds from the sale of assets on the land of state enterprises

5.4.1. Application for payment includes the following original documents (certified copies for other necessary documents under Point c):

a) Application for payment of the proceeds from the sale of assets on the land; clearly specify the amount of money, information of receiving account;

b) Approval of starting price of the sale of assets on the land, assignment of land use right or documents approving the appointment of the sale of assets on the land, assignment of land use right (for way of appointment) of the chairman of provincial People’s Committee.

c) Other necessary documents (if any);

5.4.2. Within 15 working days since the full reciept of dossiers, the escrow account holder shall submit to relevant authorities (Minister of Finance or Chairman of Provincial People’s Committee) for consideration, and decision on payment from the escrow account or decentralize for decision; make payment order to transfer money from escrow account into the receiving account.

5.4.3.State Treasury at all levels shall pay as specified.

5.5. Management, disbursement and finalization of a sum of money for performance of an investment project

5.5.1. Dossiers for consideration, decision of a sum of money for performance of an investment project include the original documents of the following papers (certified copies for other necessary documents as stipulated under Point e).

a) Decision of relevant authorities on sale of the asset on the land, assignment of land use right.

b) Documents issued by ministries, sectors, corporations (administrative body, professional unit or organizations and state enterprises under the management of central authority); Departments, sectors and state enterprises (for administrative body, professional unit or organization under the management of local authority) on amount of money supported for investment projects. Of which, it specifies information on account. The beneficiary account is the account owned by the investor and opened at the provincial State Treasury (having detailed code 92019 – basic construction capital from sale of the asset on the land).

c) Decision on approval of investment project issued by relevant authorities as stipulated by the law on investment management for projects using state budget oreco-technical report on construction of works (for cases that investors don’t have to set up investment projects as stipulated on management of basic construction projects).

d) Construction investment plan or decision on approving the bidding plan of investment project or capital plan for performance of projects approved by relevant authorities.

e) Other necessary documents (if any);

5.5.2. Competences for decision of amount of money used for performance of investment projects as follows:

The Minister of Finance (for administrative body, professional unit or organizations, state enterprises under the management of central authority), chairman of provincial People’s Committee (administrative body, professional unit or organizations, state enterprises under the management of local authority) shall decide the amount of money used for performance of investment projects but such amount shall not exceed the total invested capital of the project (the proceeds from sale of assets on the land and from the assignment of the land use right) decided by relevant authorities and the balance of escrow account of administrative body, professional unit or organizations, state enterprises.

5.5.3. Grant of capital, disbursement shall be approved by relevant authorities.

a) Within 15 working days since the full reciept of dossiers, the escrow account holder shall submit to the relevant authorities (Minister of Finance, Chairman of Provincial People’s Committee) for consideration and decision on payment from escrow account or make payment order to transfer money from escrow account into saving account. The amount of money shall be granted according to the investment plan or bidding plan of investment project or capital plan to perform the project.

b) The payment of granted investment capital shall be implemented through State Treasury system (whereadministrative bodies, professional units, organizations and state enterprises open accounts for transactions) according to the regime as stipulated on basic construction investment under the state budget.

c) State Treasury at all levels(whereadministrative bodies, professional units, organizations and state enterprises open accounts for transactions) shall control the payment, finalize the investment capital as stipulated on basic construction investment under the state budget.

d) Until the end of January 31 of the next year, if failing to pay the granted amount of money according to the construction investment plan or bidding plan of investment projects or capital plans to perform the projects of the previous year, ministries, sectors, corporations (for administrative bodies, professional units, organizations and state enterprises under the management of central authority); departments, sectors and state enterprises (for administrative bodies, professional units, organizations and state enterprises under the management of local authority) shall submit in writing to the Ministry of Finance (for central projects) or provincial People’s Committee (for local projects) on extension of performance time and payment.

Application must be sent before February 15 together with the certification of the provincial State Treasury (whereadministrative bodies, professional units, organizations and state enterprises open account) on amount of money paid till the end of January 31 of the next month as specified under Circular No.86 /2011/TT-BTC dated June 17, 2011 of the Ministry of Finance stipulating on management, payment of investment, capital and administrative funds of state budget with the following information:

- Name of project:

- Capital granted during the year:

- Amount of money paid till the end of January 31 of the next year:

- The remaining amount that is unused till January 31 and source to the next year;

- Extension time:

- Reasons for extension:

Based on the application, the Minister of Finance (for projects under the management of central authority) and the chairman of provincial People’s Committee (for projects under the management of local authority) shall consider and decide on extending the time of performance and pay before March 15. Till the end of March 15, if there is no document approving the extension time and payment, administrative bodies, professional units, organizations and state enterprises shall transfer unpaid amount of money into the escrow account that the Ministry of Finance is the account holder at the State Treasury (for administrative bodies, professional units, organizations and state enterprises under the management of central authority) or escrow account that the Department of Finance is the account holder at the provincial State Treasury (for administrative bodies, professional units, organizations and state enterprises under the management of local authority). Time limit for transferring money is no later than April 15.

dd) After finalizing the project, if the amount of money funded for the performance of investment projects still remains, administrative bodies, professional units, organizations and state enterprises shall transfer such amount into escrow account that the Ministry of Finance is the account holder at the State Treasury (for administrative bodies, professional units, organizations and state enterprises under the management of central authority) or escrow account that the Department of Finance is the account holder at the provincial State Treasury (for administrative bodies, professional units, organizations and state enterprises under the management of local authority). The time limit is no later than 6 months since the receipt of decision on approving the finalization of completed investment project as stipulated under Circular No.19/2011/TT-BTC dated February 14, 2011 of the Ministry of Financedefining on settlement of completed projects subject to state fund.

If administrative bodies, professional units, organizations are performing investment projects but have another investment project that are approved by relevant authorities, they shall be supported and considered as stipulated. Dossiers, procedures shall be implemented according to regulations under this Point. Time limit for consideration of the Ministry of Finance (for administrative bodies, professional units, organizations and state enterprises under the management of central authority) or the provincial People’s Committee (for administrative bodies, professional units, organizations and state enterprises under the management of local authority) shall be within 24 months since the day of being approved settlement of completed projects for previous project.

5.5.4. Procedures of accounting revenue, expense of state budget

a) Ministries, sectors, corporations (for administrative bodies, professional units, organizations and state enterprises under the management of central authority); departments, sectors and state enterprises (administrative bodies, professional units, organizations and state enterprises under the management of local authority) shall finalize basic construction capital on the annual state budget and send the finalization report to the escrow account holder as stipulated under Circular No. 210/2010/TT-BTC dated December 20, 2010 of the Ministry of Finance stipulating on finalization of basic construction capital subject to state fund on the annual state budget basis (hereinafter referred to as the Circular No. 210/2010/TT-BTC).

b) The State Treasure of all levels shall summarize reports on basic construction capital from the proceeds from the sale of assets on the land and from assignment of land use right and send to the Ministry of Finance (for capital sources under the management of central authority) or Department of Finance (for capital sources under the management of local authority) as stipulated under the Circular No. 210/2010/TT-BTC.

c) The escrow account holder (the Ministry of Finance for administrative bodies, professional units, organizations and state enterprises under the management of central authority; Department of Finance for administrative bodies, professional units, organizations and state enterprises under the management of local authority) shall appraise and issue the notification on appraisal results as stipulated under the Circular No. 210/2010/TT-BTC.

d) The escrow account holder shall base on the paid amount certified and provided by the State Treasury to write the proceeds from the re-arrangement of housing, land and write expenses for basic construction capital according to the annual state budget.

Collection order, payment order shall be implemented according to the Form No.C2-17b/NS under the Circular No. 08/2013/TT-BTC dated January 10, 2013 of the Ministry of Financeguiding the State accounting performance for Treasury And Budget Management Information System (TABMIS).

dd) For investment projects of state enterprises, after finalization of completed projects as stipulated under Circular No.19/2011/TT-BTC dated February 14, 2011 of the Ministry of Finance defining settlementof completed projects subject to state fund, the value of finalizing completed works (part of using the proceeds from assignment of land use right) is the part of state budget invested at enterprises.

5.5.5. Where a State company with premises and land is required to move due to environmental pollution, management and use of the proceeds from sale of the asset on the land and from assignment of land use right shall be implemented according to the Decision No.86/2010/QD-TTg  dated December 22, 2010 of the Prime Ministeron promulgating financial regulation for the relocation of the entities causing environmental pollution and the must be relocated entities according to urban construction planning and other guidelines.

5.6. The payment for relocating households, individuals with premises and land in other land, houses ofadministrative bodies, professional units, organizations under the management of ministries, sectors and localities.

5.6.1. The determination on the amount to be funded for relocating households, individuals shall be implemented according to Point 5.2.3 of this Clause.

5.6.2. Dossier for payment includes the original documents of the following papers (certified copies for other necessary papers):

a) Proposal documents of ministries, sectors (for administrative bodies, professional units, organizations under the management of central authority), Departments, sectors (for administrative bodies, professional units, organizations under the management of local authority). Of which, it must be clearly specified information on receipt of payment;

b) Documents of state relevant agencies at the localities (where house, land are located) approving the amount to be funded for relocating;

c) Other necessary documents (if any);

5.6.3. Competence for decision on the amount used for relocating is as follows:

The Minister of Finance (for administrative bodies, professional units, organizations under the management of central authority), chairman of provincial People’s Committee (for administrative bodies, professional units, organizations under the management of local authority) shall decide.

5.6.4. Within 15 working days since the full receipt of dossier, the escrow account holder shall submit to relevant authorities (Minister of Finance or chairman of provincial People’s Committee) for consideration, decision on funding from escrow account or decentralize according to decision’s competence; make payment order to transfer money from the escrow account into the receiving account.

5.6.5. State Treasury at all levels shall pay as stipulated; at the same time, shall make an account of revenues and expenses in accordance with the state budget items according to the order of escrow account owner.

2. To amend Clause 3 as follows:

“5.3. For state enterprises are permitted assigning land use right

5.3.1.Where a State company which is permitted by the authority to assign a land use right, it shall have to pay land use fees when assigning land use right. The determination of land use fees shall be implemented in accordance with the law on collection of land use fees.

5.3.2. The proceeds from assigning land use right shall be remitted to the escrow account at the provincial State Treasury, and the Department of Finance shall be the account holder.

5.3.3. Related expenses to be deducted from proceeds from assignment of the land used right include:

a)  Expenses for survey of housing and land;

b) Expenses for valuation and evaluation of the price;

c) Expenses for relocation as stipulated, including:

- Expenses for removing, transportation, installing equipment, machines;

- Expenses supporting for relocating households, individuals (if any);

e) Other relevant expenses.

5.3.4. The determination and payment of expenses as specified under Point 5.3.3 of this Article shall be implemented according to Point 5.2 Clause 1 of this Article.

5.3.5. Remaining proceeds from assignment of land use right after paying expenses as stipulated under Point 5.3.3 shall be remitted to the state budget in accordance with the law on state budget.

5.3.6.Where a State company with premises and land is required to move due to environmental pollution, orders, competence for decision and management, use of the proceeds from assignment of land use right shall be implemented according to the Decision No.86/2010/QD-TTgand other guidelines.

Article 2. Implementation provisions

1. This Circular takes effect from May 15, 2015.

2. If documents quoted under this Circular are amended, supplemented or replaced, it shall be implemented according to the amended, supplemented or replaced documents.

3. Ifany problems arise in the course of implementation, agencies, units and organizations should promptly report them to the Ministry of Finance for consideration and settlement.

For the Minister

Deputy Minister

Nguyen Huu Chi