PROPOSAL FOR INCREASING THE LIMIT OF TOTAL INVESTMENT TO BE USED AS CRITERIA FOR CLASSIFICATION OF OTHER CAPITAL PROJECTS AND LICENSE AUTHORIZATION FOR INVESTMENT PROJECTS USING OFF-BUDGET CAPITAL

PROPOSAL FOR INCREASING THE LIMIT OF TOTAL INVESTMENT TO BE USED AS CRITERIA FOR CLASSIFICATION OF OTHER CAPITAL PROJECTS AND LICENSE AUTHORIZATION FOR INVESTMENT PROJECTS USING OFF-BUDGET CAPITAL

2023-04-21 19:51:06 580

Implementing the working program of the Prime Minister's Special Working Team on reviewing, removing difficulties and obstacles and promoting the implementation of investment projects in ministries, branches and localities, the Government Office has issued Dispatch 2370/VPCP-CN to competent ministerial-level agencies to synthesize problems and propose solutions remove difficulties for investment projects ("Dispatch 2370").

In the following, ATA Legal Services would like to summarize the notable contents of Dispatch 2370 for your follow-up and reference:

1. Regarding criteria for classification of other capital projects and licensing of projects using extra-budgetary capital

The Dispatch noted the proposal to increase the limit of total investment used as a criterion for classifying other capital projects and decentralize investment licensing for projects using extra-budgetary capital instead of stipulating licensing according to the classification of projects A and B, C (because an important criterion for determining the type of project is based on the total investment of the project, but the value is quite low due to the determination under the Law on Public Investment. Meanwhile, extra-budgetary capital projects, especially FDI projects, often have a very high total investment).

2. Proposals related to the determination of land prices

  • Proposing to include the construction investment capital rate to determine the value of land use rights, land use levies and project land rents as the basis for determining the financial obligations of private landowners to complete the issuance of land use right certificates;
  • Proposing the determination of specific land prices to calculate land rent applied according to the method of land price adjustment coefficient for industrial park projects;
  • Proposing to get a framework to properly reflect the value of land use levies at market prices when transferring projects attached to land use rights instead of properly recording the value of paid land use levies and putting the remaining value into the value of infrastructure on land.

3. Many proposals on attracting investment in industrial parks ("IPs")

  • Proposing to decentralize the issuance of environmental permits to localities for small and medium-sized projects instead of concentrating at the ministerial level, causing prolonged overload and congestion.
  • Allowing industrial park project investors to put industrial park real estate into business after being issued a decision on land allocation or land lease by a competent state agency, instead of having to have a land use right certificate as prescribed by current law.

4. Regarding the land fund for social housing in the project of construction of commercial housing and urbana areas

For investment projects to build commercial houses and urban areas located simultaneously in areas of many different types of urban areas, the Dispatch proposes to allow investors to actively decide the location of land funds for building social housing on the basis of assessing the suitability of the overall project.

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