What are the benefits for the state budget?
Many new investors M&A in “mat” projects want to increase the land use time to 50 years. Photo: Quoc Hai
The Ho Chi Minh City Real Estate Association (HoREA) has just sent a petition to the Prime Minister and the Ministry of Natural Resources and Environment, giving additional comments on the case of land use extension, in addition to the case of receiving the transfer of land use rights. , assets attached to land through the purchase of security assets.
According to HoREA, in addition to receiving the transfer of land use rights, assets attached to land through the purchase of security assets, mainly to implement Resolution 42/NQ-QH14 dated June 21, 2017 of the National Assembly. “On piloting bad debt settlement of credit institutions” at commercial banks. On the market, there are also “cases of receiving the transfer of land use rights and assets attached to land through the purchase of security assets, or the purchase of other assets that are not secured assets”.
This is an activity of buying, selling and transferring investment projects using land that is common in the real estate market, including projects that are “overlaid” between businesses and is a normal activity. between businesses and investors.
All cases of receiving the transfer of land use rights and land-attached assets have the need to extend the land use term in order to have favorable conditions when restarting the old project.
Moreover, policies and legal regulations must ensure fairness and equality for all subjects, so they cannot be applied only to “Organizations and individuals receiving the transfer of land use rights, property attached to land through purchase of collateral” at commercial banks.
This policy must also be applied to other subjects “buying other assets that are not collateral” such as buying, selling, and transferring projects with common land use in the market”, said Mr. Le Hoang. Chau, Chairman of HoREA, recommended.
A project “covered mats” many years before returning to Novaland’s hands.
Therefore, the Association proposes to add the case “Organizations and individuals receive the transfer of land use rights and land-attached assets through the purchase of other assets other than security assets” to Clause 2 ( new) Article 74 of Decree No. 43/2014/ND-CP.
In particular, according to HoREA, in addition to the case “the land use term has expired”, it is proposed to add the case where the investor “the land use term has not expired has a need to adjust the land use term in accordance with the law”. land use planning and fulfill additional financial obligations to the State”.
According to Mr. Le Hoang Chau, in fact, it is common that “the land use term has not expired”, usually “the remaining land use term is more or less half of the original land allocation term”, so the owners investors want to extend. This is both reasonable and reasonable, while increasing revenue for the budget.
For example, in 2021, VAMC seized the collateral asset, Saigon One Tower Project, District 1, Ho Chi Minh City, which was allocated land in 2008 with a land use term of 50 years and put it up for public auction to investor selection.
“Because the land use term is only 37 years left, the result of determining the “specific land price” to make the “auction starting price” is only 6,110 billion VND, which if “adjusted for the term, extended” land use” to 50 years, the “auction starting price” will certainly be over VND 6,110 billion, more beneficial to the state budget,” Mr. Chau cited.
Or, in 2022, Company A receives the transfer of real estate project X through the purchase of collateral. This project was allocated land in 2007 with a land use term of 50 years (the land use term is only 35 years) so there is a need for an extension to have a land use term of 50 years and is willing to pay additional pre-history. land use, land rent (additional) for 15 years to the state budget.
The extension of land use must ensure: The transferred land does not belong to the land area that must be recovered for project implementation in the approved annual district-level land use plan.
With regard to land for implementation of an investment project, the purchaser of the security property must continue to implement the approved investment project or obtain permission from a competent state agency to adjust the investment project in accordance with regulations. of the law and fulfill additional financial obligations to the State (if any).
The extension is not in the case of not receiving the transfer of land use rights according to the provisions of the Land Law” – Mr Le Hoang Chau – HoREA Chairman suggested more.
at Blogtuan.info – Source: danviet.vn – Read the original article here
