Thông tư 39/2011/TT-BTC

CIRCULAR

AMENDING AND SUPPLEMENTING THE CIRCULAR No. 83/2007/TT-BTC DATED JULY 16, 2007 OF THE MINISTRY OF FINANCE PROVIDING GUIDANCE ON THE IMPLEMENTATION OF THE DECISION No. 09/2007/QĐ-TTG DATED SEPTEMBER 09, 2009 GUIDING A NUMBER OF ARTICLES OF THE PRIME MINISTER’S DECISION No. 140/2008/QĐ-TTG DATED OCTOBER 21, 2008 ON RE-ARRANGEMENT AND SETTLEMENT OF STATE-OWNED HOUSING AND LANDS

Pursuant to the Government’s Decree No. 118/2008/NĐ-CP dated November 27, 2008 defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance; Pursuant to the Government’s Decree No. 52/2009/NĐ-CP dated June 03, 2009 providing instructions on the implementation of a number of articles of the Law on Management and use of state-owned properties; Pursuant to the Prime Minister’s Decision No. 09/2009/QĐ-TTg dated January 19, 2007 and Decision No. 140/2008/QĐ-TTg dated October 21, 2008 on re-arrangement and settlement of state-owned housing and lands;

The Ministry of Finance provides guidance on amendments and supplements to a number of articles of the Circular No. 83/2007/TT-BTC and Circular No. 175/2009/TT-BTC guiding the implementation of the Prime Minister’s Decision No. 09/2007/QĐ-TTg and Decision No. 140/2008/QD9-TTg dated October 21, 2008 on re-arrangement and settlement of state-owned housing and lands (hereinafter referred to as the Circular 83/2007/TT-BTC Circular 175/2009/TT-BTC) as follows:

Article 1. Amendments to Article 1 of the Circular No. 175/2009/TT-BTC as follows:

“b) 100%-state-owned enterprises include parent company of economic group, parent company of state general corporation, independent companies and single member limited companies owned by the state (hereinafter referred to as state companies);”

Article 2. Supplements to Point 1.7, Section 1, Part I of the Circular 83/2007/TT-BTC as follows:

“1.7. Re-arrangement and settlement of housing and lands currently used by agencies and organizations from local housing business management company:

a. As for houses currently used by state agencies, public service providers, political organizations, socio-political organizations, occupational-socio-political organizations from local housing business management company:

Agencies, units and organizations as house users (hereinafter referred to as house users) must carry out declarations, establishing plans for re-arrangement, settlement and making submission to competent agencies as prescribed in the Decision No. 09/2007/QĐ-TTg and Decision No. 140/2008/QĐ-TTg; In case use of houses is maintained, People’s committees of provinces shall issue a decision to transfer the management and use from the housing business management company to agencies, units and organizations under the management of local authorities or at the request of the ministers, heads of ministerial-level agencies, heads of governmental agencies, heads of unions (with respect to central-affiliated agencies, units, organizations) as prescribed in Clause 5, Article 55 of the Government’s Decision No. 52/2009/NĐ-CP dated June 03, 2009 detailing the implementation of a number of articles of the Law on management and use of state-owned properties (hereinafter referred to as the Decree No. 52/2009/NĐ-CP).

b. As for houses currently used by state agencies, social organizations, socio-occupational organizations:

- If such houses were renovated, repaired and included as fixed assets into the users’ accounting records, such users must carry out declarations, establishment of plans for re-arrangement, settlement and submission to competent agencies as prescribed in Clauses 1, 3, Article 3 of the Decision No. 09/2007/QĐ-TTg.

- If such houses were not renovated, repaired, or renovated and repaired but not included as fixed assets into the users’ accounting records, the housing business management company shall carry out declarations, establishment of plans for re-arrangement, settlement and submission to competent agencies as prescribed in Clause 3, Article 3 of the Decision No. 09/2007/QĐ-TTg.”.

Article 3. Amendments to Point 2.3, Section 2, Part II of the Circular 83/2007/TT-BTC as follows:

“2.3. In case renting and using do not conform to provisions set out in Point b, d, Clause 2, Article 5 of the Decision No. 09/2007/QĐ-TTg:

a. Public service providers of financial autonomy that are using properties as head offices and other land-linked properties for renting or joint undertaking must establish the plan and make the report to competent agencies for consideration, decision as prescribed in Articles 43, 44 of the Decree No. 52/2009/NĐ-CP In case the plan for renting, joint undertaking is not approved by competent agencies, renting or joint undertaking must be postponed.

Public service providers of financial autonomy that are allocated lands by the state without payment of land levy or with payment of land levy originating from state budget shall not permitted to use land-linked properties and land use rights for contribution of capital as prescribed in Clause 2, Article 40 of the Decree No. 52/2009/NĐ-CP Contribution of capital must be postponed if it has been done.

Compensation for losses caused by termination of the contract for renting, joint undertaking, capital contribution ahead of time (if any) shall be done according to provisions of the civil law.

b. State agencies, public service providers without financial autonomy, political organizations, socio-political organizations, occupational-socio-political organizations, social organizations, socio-occupational organizations that are allocated lands by the state without collection of land levy, or with payment of land levy originating from state budget, or receive transfer of land use right with land levy originating from state budget, use head offices, land-linked properties assigned for renting or joint undertaking must be postponed immediately. Compensation for losses caused by termination of the contract for renting, joint undertaking, ahead of time (if any) shall be done according to provisions of the civil law.

Since the effective date of this Circular, those who are not allowed to extend renting, joint undertaking as prescribed in Items a, b of this Clause are yet to end the contract for renting, joint undertaking shall be subject to expropriation as prescribed in Articles 13, 37 and 47 of the Decree No. 52/2009/NĐ-CP and heads of agencies and organizations that use properties for wrong purpose shall bear full responsibility for their acts and subject to handling under the law. Amount of money collected from renting, joint undertaking must be paid to the state budget.

Financial agencies, state treasuries shall be responsible for inspecting and controlling such collection. Any unit that fails to perform such payment shall be subject to subtraction from their assigned budget estimates.

c. Public property agencies affiliated to the Ministry of Finance (with respect to houses, lands under central management), the Service of Finance (with respect to houses, lands under local management) shall be responsible for forming plans for management, use and handling with respect to houses, lands subject to expropriation and making submission to competent agencies for handling according to law provisions.

Article 4. Amendments and supplements to Clause 2.4, Section 2, Part II of the Circular 83/2007/TT-BTC as follows:

“2.4- Handling the cases as prescribed in Point c, Clause 2, Article 5 of the Decision No. 09/2007/QĐ-TTg shall be carried out as follows:

a. If land parcels with houses built on before November 01, 1992 (effective date of the Government’s Decision No. 118/TTg dated November 27, 1992 on residential rents and inclusion of such rents in pay) meet the following conditions: having independent premises or being completely separated from the premises, having a separate path, no blockage to front of head offices of agencies, organizations, no effects on surrounding landscape, no demand for use and satisfaction of land use planning in the locality, shall be transferred to local authorities for handling according to applicable regulations on houses, lands.

Based on the plan approved by competent agencies, central or local affiliated governing body shall issue a written request to People’s committees of provinces (where the premises belong) for handling according to the abovementioned regulations.

b. If conditions for transfer as prescribed in Item a of this Point are not met, households and individuals shall be moved out of the premises. Governing body (central or local) shall issue a written request to Compensation, Support and Resettlement Council at commune level (where the premises belong) for determination of expenses for relocation of households and individuals (if any) according to regulations on compensation and supports and making the report to People’s Committee of communes for approval.

- In case ministries, sectors and localities have income from sale of land-linked properties and transfer of land use right, such income can be used to support relocation of households and individuals with houses built on the premises of regulatory agencies, public service providers and organizations within the same scope of management as instructed in Point 5.1.4, Clause 1, Article 9 hereof.

- In case ministries, sectors and localities have no income from sale of land-linked properties and transfer of land use right, sources of expenditure for relocation of households and individuals with houses built on the premises of regulatory agencies, public providers and organizations within the same scope of management shall be as follows:

(i) As for the premises with projects for investment, construction, upgrading and renovation of head offices, expenses to support relocation of households and individuals with their houses built on shall be taken from project investment capital.

(ii) As for premises without projects for investment, construction, upgrading and renovation of head offices, ministers, heads of ministerial-level agencies, governmental agencies, presidents of the People’s committees of provinces shall decide supportive budget for relocation from state budget estimates annually assigned”.

Depending on nature and severity of the violations, heads of agencies, organizations with houses built in violation of the regulations shall be handled according to law provisions.

Article 5. Supplements to Clause 3.2, Section 3, Part II of the Circular 83/2007/TT-BTC as follows:

“3.2. Conversion of land use purpose for investment projects must conform to land-use planning approved by competent state agencies and accord with business functions of organizations as regulated.

In case competent agencies permit investment in new projects on real estate (residential and rental houses), shopping malls, service centers, land levy must be paid according to the Government’s regulations without application of land lease with land levy paid annually.

Article 6. Supplements to Clause 3.4, Section 3, Part II of the Circular 83/2007/TT-BTC as follows:

“3.4. Manners and authorities of handling premises used for wrong purposes by the state-owned companies are instructed as follows:

- State-owned companies that receive land allocations, transfer of land use rights with land levy not originating from state budget shall be entitled to use the land use rights and properties built on land for doing business according to the Law on Enterprises.

- State-owned companies whose lands rented out by the state or allocated with land levy originating from state budget shall be entitled to use properties built on land for production and business in accordance with types of industry. Sublease is not permitted unless the company has function of storage yard services.

- State-owned companies that rent state-owned houses from the Housing Business Management Company for right purposes as regulated shall be permitted extended usage. Otherwise, the Housing Business Management Company shall make notification to competent agencies for handling according to law provisions.

In case houses, lands that are used for renting, joint undertaking, capital contribution business in violation of the regulations or for wrong purposes such as leaving empty, lending, transgression...are yet to be expropriated according to the regulations, the Ministry of Finance shall make decision on expropriation (in case of state-owned companies under central management), or People’s committee of provinces (in case of state-owned companies under local management).

Public property agencies affiliated to the Ministry of Finance (with respect to premises under central management), the Service of Finance (with respect to premises under local management) shall be responsible for forming plans for management, use and handling with respect to premises subject to expropriation and making submission to competent agencies for handling according to law provisions.”

Article 7. Amendments to Point b, Section 4.1, Part II of the Circular 83/2007/TT-BTC as follows:

“b) Reserve price for sale of properties built on land, transfer of land use right in the form of auction shall be determined as follows:

Price for sale of properties on land must conform to the remaining actual value according to result of valuation, not being less than the price of completely constructed property of the same type issued by People’s committees of provinces multiplying by proportion of the remaining quality at the time the price for sale of properties on land is determined. Price for transfer of land use right must be close to the price for transfer of land use rights in the market at the time of transfer according to new use purpose, not being less than price of land of the same type issued and announced on January 01 annually by People’s committees of provinces.

Agencies, organizations that are permitted to sell properties on land and transfer land use right shall hire a qualified organization to evaluate the properties for determination of price for sale of properties and price for transfer of land use rights and make submission to the Service of Finance. Based on the price valuation certificate and relevant documents, the Service of Finance shall preside over and cooperate with relevant agencies in the assessment and submission to People’s Committees of provinces for decision. In case a qualified organization for property valuation can not be hired, the Service of Finance shall preside over and cooperate with relevant agencies in forming a council to determine price for sale of properties on land and price for transfer of land use right and make submission to People’s committees of provinces for decision.

Presidents of People’s committees of provinces shall approve reserve price.”

Article 8. Amendments to Article 3 of the Circular No. 175/2009/TT-BTC as follows:

“4.2 - Sale of properties built on land, transfer of land use right in the form of appointment as prescribed in Clause 4, Article 1 of the Decision No. 140/2008/QĐ-TTg shall be instructed as follows:

4.2.1 - Competent state agencies as prescribed in Articles 19, 48 of the Decree No. 52/2009/NĐ-CP (in case of agencies, units and organizations) and provisions set out in Clause 3, Article 6 of the Decision No. 09/2007/QĐ-TTg (in case of state-owned companies) shall decide sale of properties built on land, transfer of land use right in the form of appointment in the following cases:

a) After the deadline of auction notice as regulated, only one organization or individual registers to purchase properties on land and receive transfer of land use right;

b) Any organization, individual that registers to purchase properties on land, receive transfer of land use right for purposes related to education, vocational training, health, culture, sport and environment in conformity with the approved planning, such organization, individual shall be entitled to the purchase as regulated. In case the purchase for properties on land and receipt of transfer of land use rights for the same purpose as mentioned above registered by multiple organizations or individuals, an auction shall be organized among relevant organizations or individuals as regulated;

c) Organizations, individuals that register purchase of properties on land, receipt of transfer of land use right with respect to premises currently rented out by organizations involved in housing and land renting (Housing business management companies, storage yard service companies, public service companies) for purposes in conformity with approved planning and plans for re-arrangement and handling of state-owned houses, lands approved by People’s committees of provinces.

In addition to aforesaid cases, in case the sale of properties on land, transfer of land use right in the form of appointment is necessary, central governing body (in case of premises under central management) or People’s committees of provinces (in case of premises under local management) shall make the report to the Prime Minister for consideration and decision.

4.2.2- Price for sale of properties built on land, price for transfer of land use right in the form of appointment shall be determined as follows:

Price for sale of properties on land must conform to the remaining actual value according to result of valuation, not being less than price of completely constructed property issued by People’s committees of provinces multiplying by proportion of the remaining quality at the time the price for sale of properties on land is determined. Price for transfer of land use right must be close to the price for transfer of land use rights in the market at the time of transfer according to new use purpose, not being less than price of land of the same type issued and announced on January 01 annually by People’s committees of provinces.

Agencies, organizations that are permitted to sell properties on land and transfer land use right shall hire a qualified organization to evaluate the properties for determination of price for sale of properties and price for transfer of land use rights and make submission to the Service of Finance. Based on the price valuation certificate and relevant documents, the Service of Finance shall preside over and cooperate with relevant agencies in the assessment and submission to People’s committees of provinces for decision. In case a qualified organization for property valuation can not be hired, the Service of Finance shall preside over and cooperate with relevant agencies in forming a council to determine price for sale of properties on land and price for transfer of land use right and make submission to People’s committees of provinces for decision.

President of People’s committees of provinces shall approve the price for sale of properties on land and price for transfer of land use right.”

Article 9. Amendments to Article 4 of the Circular No. 175/2009/TT-BTC as follows:

1. Amendments to Clause 1 as follows:

“5.1 – As for regulatory agencies, public service providers and organizations that are permitted to sell properties on land and transfer land use right:

5.1.1 – All the money collected from sale of properties on land, transfer of land use right shall be paid to impound accounts at provincial State Treasuries (where the premises belong) owned by central governing body (in case of regulatory agencies, public service providers and organizations under central management); owned by the Service of Finance (in case of agencies, public service providers and organizations under local management).

5.1.2 – Other expenses from the money collected from sale of properties on land and transfer of land use right include:

a) Expenses for measurement and drawing;

b) Expenses for determination and assessment of price and organization of auction;

c) Expenses for relocation as regulated including:

- Expenses for removal, transport, installation of equipment, machinery during relocation and losses caused by removal, transport and installation;

- Supportive expenses for relocation of households and individuals with houses arranged in the premises (if any).

d) Other relevant expenses;

5.1.3- Agencies, organizations that are permitted to sell properties on land and transfer land use right shall make a request to the Service of Finance for determination of the expenses as prescribed in Point 5.1.2 of this Clause. Supportive expenses for relocation of households and individuals with houses built within the premises that are prepared by Compensation, Support and Resettlement Council at commune level (where the premises belong) according to the regulations on compensation and supports issued by local authorities, and submitted to People’s committees of communes for approval and submission to the Service of Finance shall be taken away from the money collected from sale of properties on land and transfer of land use right.

The Service of Finance shall pay the expenses for those with houses built on premises subject to local management; have a written request sent to account owners for transferring the expenses to relevant organizations, individuals under central management.

5.1.4- The remaining money from sale of properties on land and transfer of land use right after the expenses as prescribed in Point 5.1.2 of this Clause have been paid shall be used as follows:

a) Used for the implementation of projects for investment, construction, upgrading and renovation of head offices and public service establishments approved by competent agencies according to the regulations on management of state budget funded fundamental construction.

b) Used to support relocation of households and individuals having houses built on other premises of regulatory agencies, public service providers and organizations within the same management of ministries, sectors and localities; Governing body (central or local) shall issue a written request to Compensation, Support and Resettlement Council at commune level (where the premises belong) for determination of supportive expenses for relocation of households and individuals as prescribed in Point 5.1.3 of this Clause and make submission to People’s committees of communes for approval.

c) Paid to state budget according to provisions set out in the Law on State Budget.

5.1.5 – Authorities to decide amount of money to be used as prescribed in Point 5.1.4 of this Clause as follows:

a) The amount of money to be used as prescribed in Item a, Point 5.1.4 of this Clause shall be decided by the Minister of Finance (with respect to regulator agencies, public service providers and organizations under central management), presidents of People’s committees of provinces (with respect to regulator agencies, public service providers and organizations under local management) in reliance on proposals from central governing body or the Service of Finance but not in excess of total project investment decided by competent authorities.

b) The amount of money to be used as prescribed in Item b, Point 5.1.4 of this Clause shall be decided by central governing body or People’s committees of provinces in reliance on level of supportive expenses for relocation of households and individuals approved by People’s committees of communes.

5.1.6 – Management, allocation and final settlement of the amount of money used for the implementation of investment projects as prescribed in Item a, Point 5.1.4 of this Clause shall be carried out according to the regulations on management of state budget funded fundamental construction.

Management, allocation and final settlement of the amount of money used to support relocation of households and individuals (if any) as prescribed in Item b, Point 5.1.4 of this Clause shall be carried out according to provisions of the Law on State Budget.

Owners of impound accounts at provincial State Treasuries shall be responsible for management and use of the accounts as regulated.

The amount of money used by regulatory agencies, public service providers and organizations for the implementation of investment projects and the supportive amount of money for relocation of households and individuals (if any) as prescribed in Point 5.1.4 of this Clause shall be entered in the state budget accounting.”

2. Amendments to Clause 2 as follows:

“5.2 – As for state-owned companies that are permitted to sell properties on land and transfer land use right:

5.2.1 – The money from sale of properties on land shall be determined as follows:

a) In case sale of properties on land and transfer of land use right are organized in the form of auction, the money from sale of properties on land in the hammer price shall be the reserve price as prescribed in Article 7 hereof.

b) In case sale of properties on land and transfer of land use right are organized in the form of appointment, the money from sale of properties on land shall be determined in the price appointed by People’s committees of provinces as prescribed in Article 8 hereof.

5.2.2 - State-owned companies are permitted to use the amount of money from sale of properties on land as prescribed in Point 5.2.1 of this Clause according to the Law on Enterprises.

5.2.3 – The amount of money collected from transfer of land use right shall be paid to impound accounts at provincial State Treasuries (where the premises belong) owned by the Ministry of Finance with respect to state-owned companies under central management, owned by the Service of Finance with respect to state-owned companies under local management.

5.1.4 – Other relevant expenses from the money collected from transfer of land use right include:

a) Expenses for measurement and drawing;

b) Expenses for determination and assessment of price and for organization of auction;

c) Value of land use right with respect to state-capitalized lands;

c) Expenses for relocation as regulated including:

- Expenses for removal, transport, installation of equipment, machinery during relocation and losses caused by removal, transport and installation;

- Supportive expenses for relocation of households and individuals with houses arranged in the premises (if any).

dd) Appropriate remaining land-related investment expenses not originating from state budget; These expenses must be accompanied by adequate documents, vouchers and determined by subtracting the allocated amount of money (in proportion to land use period as detailed below) from total land-related investment expenses:

- Land levy, land rents paid in advance for the rest of land use time limit (attached with receipts);

- Expenses for leveling premises, for land embellishment;

e) Other relevant expenses;

5.2.5 – Determination and payment of the expenses as prescribed in Point 5.2.4 of this Clause shall be carried out according to Point 5.1.3, Clause 1 of this Article.

5.2.6- The remaining money from transfer of land use right after the expenses as prescribed in Point 5.2.4 of this Clause have been paid shall be managed and used as follows:

a) Any state-owned company that has a project for investment, construction, upgrading and renovation of production and business facilities approved by competent agencies shall be supported in implementing the investment project according to the regulations on state-budget funded fundamental construction.

b) Paid to state budget according to provisions of the law on state budget;

5.2.7 – Deciding authorities, request documents and level of supports to state-owned companies that are supported to implement investment projects as prescribed in Item a, Point 5.2.6 of this Clause as follows:

a) Deciding authorities:

- As for state-owned companies that are formed by the Prime Minister’s decision or by Ministries or central agencies, the Minister of Finance shall decide the amount of money as supports for the implementation of investment projects based on proposals from Ministries or central agencies, member councils of state-owned companies.

- As for state-owned companies formed by People’s committees’ decisions, presidents of People’s Committees of provinces shall decide the amount of money as supports for the implementation of investment projects after receiving opinions from People’s Council of the same level or proposals from the Service of Finance.

b) Documents as the basis for consideration and decision on the amount of money as supports include:

- Decisions issued by competent agencies on sale of properties on land, price for transfer of land use right;

- Reports from state-owned companies on sale of properties on land and transfer of land use right; proposed amount of money;

- Written request from the ministries, departments, member councils of state-owned companies formed by the Prime Minister’s decision (for companies under central management), by the Service of Finance (for companies under local management) for the amount of money as supports for the implementation of investment projects;

- Confirmations from owners of impound accounts on the amount of money collected from sale of properties on land, transfer of land use right that is paid by state-owned companies.

- Investment project approval decision issued by competent authorities according to the law on investment management applied to state budget funded investment projects;

- Other necessary papers (if any);

c) Amount of money as supports for the implementation of investment projects decided by competent agencies as prescribed in Point a of this Clause shall not exceed total project investment approved by competent agencies and shall not exceed:

- 50% of the amount of money collected (after relevant expenses are paid) from the premises in the administrative divisions of central-affiliated cities, in the urban of special and first grade;

- 70% of the amount of money collected (after relevant expenses are paid) from the premises in the administrative divisions of the remaining provinces.

5.2.8 – Management, allocation and final settlement of the amount of money used for the implementation of investment projects as prescribed in Item a, Point 5.2.6 of this Clause shall be carried out according to the regulations on management of state budget funded fundamental construction; shall be entered in the state budget accountings and be treated as state budget capital invested in state-owned companies.

Owners of impound accounts at provincial State Treasuries shall be responsible for management and use of the accounts as regulated.

5.2.9 – In case state-owned companies having premises relocated as the result of environment pollution, the management and use of the amount of money collected from sale of properties on land, transfer of land use right shall be carried out according to the Prime Minister’s Decision No. 86/2010/QĐ-TTg dated December 22, 2010 promulgating financial statutes serving relocation of facilities causing environment pollution and facilities forced to be moved according to urban construction planning (hereinafter referred to as the Decision No. 86/2010/QĐ-TTg and guiding documents.)”

3- Amendments to Clause 3 as follows:

“5.3 – State-owned companies entitled to conversion of land use purpose:

5.3.1- In case state-owned companies directly use the premises made eligible for conversion of use purpose by competent agencies, land levy must be paid for such premises after conversion is done. Level of land levy for lands of converted purposes shall be determined on the basis of provisions set out in Point 4.2.2, Article 8 hereof. Determination of land levy to be paid after conversion of land use purpose shall be done according to the Law on Collection of Land Levy.

5.3.2- All the amount of money collected from conversion of use purpose shall be paid to impound accounts of provincial State Treasuries (where the premises belong) owned by the Service of Finance.

5.3.3 – Relevant expenses from the money collected from conversion of land use purpose:

a) Expenses for measurement and drawing;

b) Expenses for determination and assessment of price;

c) Expenses for relocation as regulated including:

- Expenses for removal, transport, installation of equipment, machinery during relocation and losses caused by removal, transport and installation;

- Supportive expenses for relocation of households and individuals with houses arranged in the premises (if any).

d) Other relevant expenses;

5.2.5 – Determination and payment of the expenses as prescribed in Point 5.3.3 of this Clause shall be carried out according to Point 5.1.3, Clause 1 of this Article.

5.3.5- The remaining amount of money collected from conversion of land use purpose after the expenses as prescribed in Point 5.3.3 of this Clause have been paid shall be paid to state budget according to the Law on State Budget.

5.3.6 – In case state-owned companies have premises forced to be moved as the result of environment pollution, deciding authorities and management, use of the amount of money collected from conversion of use purpose shall be executed in accordance with the Decision No. 86/2010/QĐ-TTg and guiding documents.”

Article 10. Amendments to Part III of the Circular No. 83/2007/TT-BTC and Article 5 of the Circular 175/2009/TT-BTC as follows:

“In case economic organizations subject to relocation are permitted to sell properties on land, transfer land use right or convert land use purpose, sequence of implementation, deciding authorities and management, use of the amount of money collected from sale of properties on land, transfer of land use right and conversion of use purpose shall be executed in accordance the Decision No. 86/2010/QĐ-TTg and guiding documents.”

Article 11. Handling of issues arising during transitional period:

1. As for premises of regulatory agencies, public service providers and organizations with the plan for re-arrangement and handling approved by competent agencies before the effective date of this Circular but relocation of households and individuals out of the premises (if any) is not done yet, this Circular shall be applied.

2. As for premises with the plan for compensation, supports, transfer of land use right, conversion of use purpose approved by competent agencies as prescribed in Clause 2, Article 12 of the Decision No. 09/2007/QĐ-TTg execution of such plan shall be maintained. As for procedures and documents serving investment projects, provisions set out in Point 5.2.7, Clause 2, Article 9 hereof shall be applied in case such procedures and documents are not yet fulfilled until the effective date of this Circular.

3. As for premises of state-owned companies, transfer of ownership is handled as follows:

3.1. If the plan for transfer of ownership with respect to state-owned companies is not yet approved by competent agencies to the effective date of this Circular, approval of such plan (plan for transfer of ownership) by competent agencies shall be based on the approved plan for re-arrangement and settlement of state-owned houses, lands; In case the plan for re-arrangement and settlement of houses, lands is not yet approved, priority must be put on the plan for transfer of ownership to ensure progress of transfer of ownership for state-owned companies.

3.2. In case competent agencies approve sale of properties on land, transfer of land use right and the companies have paid the amount of money from sale of properties on land, transfer of land use right to impound accounts and are now converted into joint-stock companies, limited liability companies from two members and over with investment projects approved by competent authorities, the supports for the implementation of such investment projects shall be approved by the Prime Minister (in case total investment is from VND 100 billion and over), by the Minister of Finance (in case total investment is under VND 100 billion by joint-stock companies, limited liability companies from two members and over under central management), by presidents of the People’s committees of provinces (in case the total investment is under VND 100 billion by joint-stock companies, limited liability companies from two members and over under local management) when the following conditions are met:

a) The amount of money allocated for the implementation of projects for investment, construction, upgrading and renovation of head office approved by competent authorities shall be considered for increase of state capital contribution in the companies.

b) Increase of state capital in the companies must be passed by Shareholder general assembly, Member council according to the Law on Enterprises and company’s charter;

c) The subsidy must be in conformity with scale and nature of the investment project and must ensure efficiency of the investment of state budget capital in the enterprises.

Article 12. Implementation

1. This Circular takes effect since May 10, 2011.

- Clause 2.5, Section 2, Part II of the Circular No. 83/2007/TT-BTC dated July 16, 2007 of the Ministry of Finance shall be abrogated.

- The Circular No. 175/2009/TT-BTC dated September 09, 2009 of the Ministry of Finance shall be abrogated.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Finance for review and handling. /.