Recommendation on the amendment of the land policies allowing infrastructure business enterprises of industrial parks (in the case of exemption from land use levies, land rentals or the State leases land with annual land rentals) and secondary enterprises
Thu, 11 Jan 2018 08:44:00 | Print | Email Share:
Name of recommendations: Recommendation on the amendment of the land policies allowing infrastructure business enterprises of industrial parks (in the case of exemption from land use levies, land rentals or the State leases land with annual land rentals) and secondary enterprises
Status: Has been incompletly responded
Recommended by units: The Business Association of Thanh Hoa Province
Official letter: 0874/PTM - VP, dated: 2017-04-20
Recommended contents:
Recommendation on the amendment of the land policies allowing infrastructure business enterprises of industrial parks (in the case of exemption from land use levies, land rentals or the State leases land with annual land rentals) and secondary enterprises are allowed to mortgage land use rights to loan capital from banks and mobilize a long-term capital; creating mechanisms and policies for assisting enterprises in accessing production land in industrial parks and industrial clusters and allowing the flexible payment of land rentals to be suitable to demands of small and medium enterprises.
Responded by units: The Ministry of Finance
Official letter: 6117/BTC-CST, dated: 2017-05-11
Responded contents:
In Articles 149, 174, 175 and 210 of the Land Law 2013 has stipulated Enterprises which dealing in industrial park infrastructure (and subordinate enterprises sublease land of infrastructure business enterprises): (i) Being leased land by the State with lump-sum payment for the whole lease term ( including the case of land rental exemption for a number of years as prescribed by the law) shall be entitled to transfer the land use right and mortgage with the land use right and the property owned by them attached to the land; (ii) To be leased land by the State paying land rentals annually, they may transfer or mortgage their assets attached to land. Thus, the provisions of the Land Law on rights must correspond to the obligations of land users to the State. At the same time, the law on land does not provide for the time limit for payment of land rental in case the subordinate enterprise sub-leases land of infrastructure business enterprises of industrial parks; The payment of land rentals between these two enterprises shall be made in accordance with the contract signed in accordance with civil law.
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