(BP Portal) - Issued together with Binh Phuoc Provincial People's Council Resolution 01/2022/NQ-HDND of March 31, 2022.
Chapter VI
POLICIES ON INCENTIVES, INCENTIVES AND SUPPORT FOR INVESTMENT IN THE FIELD OF SOCIALIZATION
Article 20. The field of socialization
1. The fields of socialization of education - Training, vocational training, health, culture, sport, environment, legal evaluation: Ensure that the Prime Minister's Decision No.1466/QD-TTg of October 10, 2008 promulgating a detailed list of the types, criteria for socializing in the fields of education, training, vocational training, health, sports, and environment; Decision No.693/QD-TTg of May 6, 2013, amending and supplementing a number of contents of the Prime Minister's detailed list of types, criteria for the socialization performance in the field of education, training, vocational training, health, Culture, sports and Environment, issued together with Decision No.1466/QD-TTg of October 10, 2008; Decision no.1470/QD-TTg of 22 July 2016 on the amendment and supplement to a number of contents of the Prime Minister's detailed list of types, norms, scale and criteria of the socialization performance establishments in the field of education - Training, vocational training, health, Culture, sports and Environment issued together with Decision No.1466/QD-TTg of 10 October 2008 of the Prime Minister.
2. The field of socialization of investment and exploitation of bus terminals for passenger transport by bus.
a) Field for socializing investment and operating coach terminals: pursuant to decision no.12/2015/QD-TTg of April 16, 2015 of the prime minister on the mechanism and policy of socializing investment and operating bus terminals.
b) Field of socialization of passenger transport investment by bus: Under Decision No.13/2015/QD-TTg of May 5, 2015 by the Prime Minister on mechanisms and policies to encourage the development of public passenger transport by bus.
3. In addition to the preferential policies, support for the common investment of the socialisation implementing establishments also enjoy the preferential investment support establishments prescribed in Articles 21, 22, 23 and 24 of this Regulation.
Article 21. Land rent preference, deduction of compensation for ground clearance
1. Land leasing is not in the cities.
The non-urban social performance establishments which have been leased land by the State and have completed ground clearance in order to build the socialized projects in the form of land leasing shall be exempt from land rent for the whole lease period.
2. Urban Land lease.
Urban areas are areas stipulated in the Urban planning Law.
a) The urban areas under Dong Xoai City: a land rent exemption for 25 years if not belonging to the investment preference profession; 30 years of land rent shall be exempt if the land is eligible for investment preferences or 35 years of land rent if the land is included in the list of the special trades offered investment preferences.
b) Urban areas with socio-economic difficulties: 30 years of land rent exemption if not belonging to the investment preferential trade lines; Only 35 years of land rent, if he is of preferential access; Exempt from 40 years of land rent if the land is under special investment preferences.
c) The urban and social areas with special difficulties; - Exemption from land rent for 35 years if not belonging to the investment preferential trade line; - Exemption from land rent for 40 years if the land is in the investment preference line; It is to be exempt from land rent for the whole lease term if the business lines are under special investment preferences.
3. The deduction of compensation and ground clearance; The money to receive the land use right transfer into the land tax payable shall be made as follows:
a) In cases where investors illegally receive land use right transfer in order to carry out investment projects in construction of socialization projects and have to transfer land use purposes in accordance with the land planning and land use plans, the amount of money which the investors invest in receiving the land use right transfer shall be handled as follows:
- Where the investor is exempt from land rent for the whole duration of the project, the amount paid by the investor to receive the land use right shall be calculated into the investment cost of the project.
- Where the investor is only exempt from land rent for a number of years, the amount the investor has paid in order to receive the land use right shall be considered as the land rent which the investor has paid in advance to the State in order to be entitled to rent according to the provisions of the land law. The money shall be determined on the basis of the land price for the use of the transferred land at the time the decisions of the State agency permit the transfer of the land use purposes but do not exceed the compensation or support amounts corresponding to cases where the State recovers land according to the provisions of the land legislation.
b) The consideration of land rent exemption or reduction stipulated in Item 1 and Clause 2 of this Article shall be made as follows:
- The socialized implementation establishments which carry out projects of socialization approved by the competent State agencies in accordance with the provisions of law and leased land by the State for the execution of projects, where the approved project contents meet the list of types, sizes and criteria prescribed by the Prime Minister, are entitled to the land preferential policies as prescribed by the Prime Minister from the time the decision on leasing the land or the decision on the transfer of the land use purposes of the competent State agencies.
- Where the project is completed and put into operation and the state agency competent to inspect and determine the basis for the implementation of socialization which does not meet the regulations on the expenditures, sizes and criteria prescribed by the Prime Minister on the content of the commitments, the socialization establishment shall have to pay the managed rent exemption or reduction according to the policies and land prices at the time of the preference for land and the deferred payment, calculated on the land rent exemption or rent Reduction as prescribed by the law on tax management.
- The tax agency shall assume the prime responsibility and coordinate with the specialized managing agency on socialization and the concerned agencies in inspecting and determining the meeting of the criteria, sizes and criteria set by the Prime Minister for the socialization alization at the time the project is completed and put into operation.
- The examination and determination of socialization bases that meet the criteria, norms and criteria prescribed are implemented as follows:
+ After the project has been completed and put into operation, within the time period prescribed in the list of types, criteria, sizes and criteria of each field of socialization prescribed by the Prime Minister, the establishment in the implementation of socialization shall have to send documents to the tax agency to inform the completed project and put them into operation, accompanied by the dossiers and documents related to easily concerned tax agency for consideration and decision for exemption or reduction of the official land rent.
+ 30 days from the date of receipt of the documents of the socialization effecting establishments, the tax agencies shall coordinate with concerned agencies in considering the decisions to exempt or reduce the official land rent. In cases where the sterilization establishment fails to meet the criteria, sizes and criteria prescribed by the Prime Minister, the tax agency shall have to report to the provincial People's Committee to handle them according to the regulations.
c) Handling compensation money, ground clearance.
- The provincial People's Committees shall base themselves on the local budget capacity to carry out compensation, ground clearance and land allotment which has completed ground clearance to the leased investor in order to carry out the project of socialization.
- Where the provincial-level People's Committees do not balance the local budgets for the compensation, ground clearance and land delivery completed and ground clearance to the investors to be leased for the implementation of the socialization projects, the handling of compensation money or ground clearance shall be as follows:
+ In cases where eligible subjects are exempt from land rent for both the duration of the implementation of the establishment examination projects for socialization and reimbursement of the compensation and ground clearance costs according to the plan approved by the competent State agency into the State budget and this expenditure shall be calculated into the investment capital of the project.
+ Where those subject to land exemption or partial reduction or land rent reduction, the establishments shall socialize the payment of non-compensation payments. Ground clearance according to the plan approved by the competent State agency into the State budget and this expenditure shall be deducted from the land rent to be paid (for cases where the land rent is paid once for the whole rent period) or converted into the number of years and months already paid in the land rent (for cases in which the land rent is paid annually) as prescribed in the law on the collection of land rent Water rents must not exceed the payable land lease duration or the land rent duration of the project. The remaining amount is calculated into the investment capital of the project.
- In cases where the effecting establishments shall be leased land by the State which meet the compensation or ground clearance to the State to expedite the process of ground liberation by the following article:
+ In cases where eligible subjects are exempt from land rent for the whole project's implementation time, the socialization implementing establishments shall only be calculated for non-compensation or ground clearance according to the plan approved by the competent State bodies into the project's investment capital.
+ Where those eligible for partial or partial exemption or reduction or land rent reduction, the socialized effecting establishments shall deduct the compensation or ground clearance according to the schemes approved by the competent State bodies into the payable land rent (for cases where the land rent is paid once for the whole rent) or shall be converted into the number of years The month already paid land rent (for cases where the land rents pay the annual land tax) as prescribed in the law on the collection of land and water rent, but does not exceed the land rent to be paid or the duration for which the land rent must be paid by the project. The remaining amount is calculated into the investment capital of the project.
Article 22. Support for investments in the health sector socialisation project
1. Local investment incentives and rates.
a) District in Loc Ninh: Supports investment in building one or more private general hospital and a minimum size of 100 hospital beds. The level of support of VND 50 million per patient bed but not exceeding VND 05 billion/project.
b) Binh Long town and town Phuoc Long: Each locality supports investment in the construction of one private general hospital, 150 beds in maximum size. The level of support is VND 50 million per bed but no more than VND 7.5 billion per project.
c) Localities for Dong Xoai city, Dong Phu district, Chon Thanh district: Each locality supports investment in the construction of one or more private general hospital, the maximum size of 200 hospital beds is missing. The level of support is VND 50 million per bed but no more than VND 10 billion per project.
2. Timing, support conditions.
a) Time of support: when the project is completed and fully granted operating licenses by the competent State agency as prescribed.
b) Support conditions:
- Hospital projects ranked 03 or higher in accordance with regulations of the Ministry of Health.
- Construction and entry into operation within a maximum period of 36 months from the date the construction permits are granted.
Article 23. Support investment for socialization projects in the field of education - Vocational training and training
1. In education.
Local Dong Xoai City, Chon Thanh District, Dong Phu District: Supports the construction of 2 high quality inter-school (from primary school - junior school – high school) with a minimum size of 1,000 students per school.
2. In higher education.
Dong Xoai City, Chon Thanh District, Dong Phu District: Supports investment in the building of 2 universities or university divisions with a minimum size of 1,000 students.
3. On vocational training.
Dong Xoai City, Chon Thanh District, Dong Phu District: To support investment in the construction of two intermediate and college vocational schools with a minimum size of 1,000 trainees/schools.
4. Support level.
a) The provincial budget for investment in the technical infrastructure system in order to tie the project to the general technical infrastructure system of the region.
b) The provincial budget supports the investment in the technical infrastructure system within the project including roads, water supply and drainage systems, power supply systems, communications, courtyard, green trees. The maximum support level of 10 billion VND for inter-level secondary schools, middle schools and vocational colleges; The maximum VND 15 billion is for the university or the department of education.
Article 24. Providing preferences and support for socializing the investment and operating bus stations; Transport public passengers by bus
1. Field of socialization for investment in operating bus terminals.
a) The provincial People's Committees shall have to formulate, publicize and direct the planning of the bus terminal network in the provincial localities; To actively call for the socialization of investment, exploitation of bus terminals or the balancing of local budgets for implementation; Ensuring the location planning of bus stations is stable with a minimum of 10 years. In case the investor is forced to leave, he/she shall be given priority in choosing the investment, construction and exploitation of new bus stations in the plans already approved by the competent level and entitled to the prescribed compensation and support regime.
b) Land rent exemption: Land rent for area of the compulsory service works category including station areas, pay passengers, parking areas for passenger accommodation, passenger waiting areas, working areas of the management machinery, ticl-sale areas, cleaning areas, road exits and exits, internal roads inside bus stations, land for trees and flower gardens.
In addition to exemption from the above-mentioned land rent, organizations and individuals investing in and exploiting guest bus stations in the form of socialization shall also enjoy exemption or reduction of the land rent for the portion of the construction of the remaining categories prescribed in Appendix IV attached to this Resolution.
c) Exemption of enterprise income tax and reduction: Applicable to the provisions in Appendix V attached to this Resolution.
d) Conditions for enjoying preferential policies: Organizations and individuals taking part in the investment and exploitation of bus stations in the form of socialization shall enjoy preferential treatment according to this Regulation have to satisfy the following conditions:
- To ensure the conditions for enterprise registration as stipulated in the current regulations;
- An investment site for the construction of a bus terminal in strict conformity with the plan of the bus terminal and approved in writing by the provincial People's Committee;
- Investment activities that comply with the construction permits approved by the competence level;
- The investor investing in the bus terminal in the form of socialization shall have to ensure:
+ Social investment capital of at least 70 % of the total investment capital in the construction of the bus terminal (excluding the cost of ground clearance).
+ A minimum of 15 % of the investment capital is owned by the investor to perform the project and has plans to arrange the remaining investment capita.
2. The socialization of investment in public passenger transport by bus.
a) Exemption from import tax of accessories and components belonging to domestic categories not produced for production or installation of public passenger transport means by bus, according to The Finance Ministry's Circular No.169/TT - BTC of November 6, 2015 guiding the exemption of import tax on parts and components for production of assembly of public passenger transport means for unproduced domestic buses, under Decision No.13/2015/QD-TTg of May 5, 2015 of the Prime Minister.
b) Free of registration fee for public passenger transport means using clean energy buses.
c) A bus-operated public passenger service business with preferential treatment provided for in Points a and b, Clause 2 of this article, which must meet the following conditions:
- To ensure the current regulations of public transport business by buse.
- Vehicle investment projects, infrastructure investment projects in service of public passenger transport by buses approved by the competent level.
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Translator: Ms.Thao
Binh Phuoc: Web portal
