Consider dividing areas according to administrative boundaries in land rent incentives

Công LuậnCông Luận09/06/2023


That is the proposal of Chairwoman of the Vietnam Fatherland Front Committee of Hanoi Nguyen Lan Huong at the Conference on social criticism of the draft Decision of the City People's Committee on preferential land rent policies in the fields of education - training, vocational training, health, culture, sports, environment, and judicial appraisal in Hanoi" organized by the Vietnam Fatherland Front Committee of Hanoi on June 8.

Hanoi should consider dividing land according to administrative boundaries in land rental incentives, form 1.

Delegates attending the Social Criticism Conference

Son Tay district and town area: 100% land rent exemption

Reporting at the Conference, Deputy Director of the Department of Finance Tran Thanh Tam said: Regulations on preferential land rent policies in the above fields apply to subjects specified in Decree No. 69/2008/ND-CP, dated May 20, 2008, and Decree No. 59/2014/ND-CP, dated June 16, 2014, of the Government. For foreign investment projects in the socialized field: Implement according to separate regulations of the Prime Minister.

Conditions for enjoying preferential land rent policies: Socialized facilities must be on the list of types and meet the scale criteria and standards issued with Decision No. 1466/QD-TTg, dated October 10, 2008; Decision No. 693/QD-TTg, dated May 6, 2013; Decision No. 1470/QD-TTg, dated July 22, 2016 of the Prime Minister and amended and supplemented regulations (if any).

Accordingly, Son Tay District and Town Area: 100% land rent exemption for the entire project implementation period within the land lease term for all socialized fields specified in Clause 1, Article 1 of this regulation.

District areas excluding 4 districts: Ba Dinh, Dong Da, Hai Ba Trung, Hoan Kiem: 60% reduction in land rent for the entire project implementation period within the land lease term for socialized fields according to regulations (except for socialized investment projects in building hospitals, universities, and vocational training facilities).

Area of ​​4 districts: Ba Dinh, Dong Da, Hai Ba Trung, Hoan Kiem: 30% reduction in land rent for the entire project implementation period within the land lease term in socialized fields according to regulations (except for socialized investment projects in building hospitals, universities, and vocational training facilities).

In case the socialized project is in the investment incentive sector according to the provisions of the Investment Law, the land rental price percentage shall be applied according to Decision No. 12/2021/QD-UBND, dated August 25, 2021, of the City People's Committee and amendments and supplements (if any). In case the socialized project is not in the investment incentive sector according to the regulations but is subject to the prescribed subjects and scope and meets the prescribed conditions, the land rental price percentage shall be applied at 1%.

Hanoi should consider dividing land according to administrative boundaries in land rental incentives, form 2.

Dr. Architect Dao Ngoc Nghiem speaks and gives his opinion

Is the preferential zoning by district still appropriate?

Commenting on the preferential policy based on geographical location, Dr. Architect Dao Ngoc Nghiem, Vice President of the Vietnam Urban Development Planning Association, stated: The division of preferential areas based on geographical location of districts is based on Decision 11/2015/QD-UBND, approved in 2015. However, in reality, the division based on districts has revealed its shortcomings.

Currently, the general trend of city management is by spatial area. In Decision 11/2015 of the City People's Committee and the draft decision to replace it, it is divided into 3 groups of districts (Group 1: Son Tay districts and town; Group 3 is 4 districts: Ba Dinh, Dong Da, Hai Ba Trung, Hoan Kiem; Group 2 is the remaining districts).

According to Dr. Architect Dao Ngoc Nghiem, looking back at the management process, there are shortcomings in the lack of a synchronous and equal approach to socialization. For example, group 2 has localities such as Buoi ward (now Tay Ho) which was newly merged from Ba Dinh district in 1995. Thuy Khue ward was also merged from Ba Dinh district into Tay Ho district in 1996. Therefore, to inherit the development process and link with the development orientation of the next stage, it is necessary to reconsider the classification by district names, it is proposed to classify according to: Group 1: Son Tay districts and towns; Group 2: Districts outside the historical inner city; Group 3: Historical inner city area.

Regarding the land rent exemption and reduction rate, Mr. Dao Ngoc Nghiem suggested that there should be appropriate solutions (with 2 options): If it is only applied until December 2025, it is necessary to clearly define the application period and assess the impact of the 30%, 60%, and 100% reduction regulations. The new Land Law is expected to apply from July 2024. Second, if the contents of the draft new Law that have been accepted and submitted to the National Assembly are considered, it is necessary to determine the adjustment of the applicable subjects.

Mr. Pham Ngoc Thao, Chairman of the Democracy - Law Advisory Council, said that the issuance of the Resolution is very necessary to ensure implementation in accordance with legal regulations, at the right time and meeting practical requirements.

However, he also requested to clarify the practical basis for the development and promulgation of this Decision to make it more convincing, including clarifying the assessment of the implementation results of this policy in Hanoi since it took effect and whether the ratio and land area for each field have met the requirements. According to him, the draft only stated the content of the policy implementation but did not clearly state the results of the policy implementation in each field nor did it clarify the need for socialization in the near future.

Speaking at the Conference, Dr. Nguyen Tung Lam, Hanoi Association of Educational Psychology, also requested to clarify the number of beneficiaries, the total amount of tax exemptions from the City, the land area of ​​the beneficiaries and especially in the process of directing this benefit, what difficulties do the departments, branches, sectors, districts and towns have that need to be resolved by the City People's Committee.

In addition, in addition to the areas of districts and Son Tay Town, which are exempted from 100% of land rent during the project implementation period, the Draft proposal clearly states that priority is given to projects serving people in industrial parks, wards with sudden population growth or concentrated poor laborers in areas along the Red River, in the districts of Ba Dinh, Hoan Kiem, and Hai Ba Trung, which are also exempted from 100% of land rent.

“The city needs to direct increased state investment and call for social support for educational and medical models to care for disadvantaged and disabled children because the number of these children is growing but has not received adequate attention, so the number of educational and medical support facilities is being left to private centers,” the delegate noted.

Hanoi should consider dividing land according to administrative boundaries in land rental incentives, shape 3.

Chairwoman of the Vietnam Fatherland Front Committee of the City Nguyen Lan Huong delivered a concluding speech at the Conference.

Concluding the Conference, Chairwoman of the Vietnam Fatherland Front Committee of the City Nguyen Lan Huong requested the Department of Finance to update the new contents that the City is including in the revised Law on the Capital. At the same time, continue to filter out appropriate and necessary contents of opinions to synthesize, ensuring the Decision is effective and suitable for practice.

In addition, supplement the impact assessment report, continue to research and fully update new content according to the new spirit of the Capital Law, Land Law, and Central documents to "extend the life" of the Decision.

The Chairman of the Vietnam Fatherland Front Committee of the City suggested that it is necessary to consider dividing areas according to administrative boundaries, in which, "it is necessary to pay attention to densely populated areas with many disadvantaged groups so that people can access the City's social security and welfare system as quickly and conveniently as possible".

At the same time, supplement the management mechanism for inspection, control and supervision during the implementation process to promptly handle violations from both managers and beneficiaries during implementation.



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