Kinhtedothi – On December 10, at the 20th Session of the 16th Hanoi People's Council, with 100% of the delegates present in agreement, two Resolutions related to Hoa Lac High-Tech Park were passed.
Specifically, these are the Resolution on Regulations on the management and use of public assets of the Hoa Lac High-Tech Park Management Board and public service units under the management of the City in the Hoa Lac High-Tech Park (implementing points d and dd, clause 2 and clause 4, Article 24 of the Capital Law) and the Resolution on Regulations on compensation for site clearance and refund to land users, infrastructure use fees and wastewater treatment fees at the Hoa Lac High-Tech Park (implementing points c and d, clause 4, Article 24 of the Capital Law).
Regulations on compensation collection levels for site clearance at Hoa Lac High-Tech Park
In particular, the Resolution stipulates the principles for determining the level of compensation for site clearance and refund, which stipulates the level of compensation for site clearance and refund that investors who are allocated land or leased land by the State at Hoa Lac High-Tech Park (hereinafter referred to as land users) must pay to the State budget, determined according to the following formula.
The level of compensation for site clearance and refund (VND/m2) is equal to the total cost of compensation, support, and resettlement for site clearance of Hoa Lac High-Tech Park/total land area of functional areas of Hoa Lac High-Tech Park.
The total cost of compensation, support and resettlement for the site clearance of Hoa Lac High-Tech Park as prescribed in Clause 1 of this Article shall be determined based on the value of compensation, support and resettlement costs of projects with compensation, support and resettlement components according to the following principles: The value of compensation, support and resettlement costs of completed projects shall be determined according to the settlement value approved by the competent State agency. In case the settlement has not been approved, it shall be based on the actual costs already implemented.
The value of compensation, support and resettlement costs of ongoing and unfinished projects is determined according to the estimated value approved by the competent State agency. In case there is no estimated value, the total investment value approved by the competent State agency shall be used.
Article 5 of the Resolution determines and promulgates the level of compensation for site clearance and refund. Specifically, based on the principles in Article 4 of this Resolution, the Management Board determines and approves the level of compensation for site clearance and refund at Hoa Lac High-Tech Park.
The level of compensation for site clearance and refund is determined according to the provisions of Clause 1 of this Article corresponding to the land use period from 50 to 70 years and is kept stable for 5 years from the date of promulgation.
After the compensation and site clearance work of Hoa Lac High-Tech Park is completed, the Management Board shall review and report to the City People's Committee to report to the City People's Council for consideration and decision on continuing to apply the approved compensation and site clearance refund level as prescribed in Clause 1 of this Article or adjusting the collection level to suit the actual conditions of Hoa Lac High-Tech Park.
Management and use of public assets at Hoa Lac High-Tech Park for business purposes
Regarding the Resolution regulating the management and use of public assets of the Hoa Lac High-Tech Park Management Board, it is stated that the use of public assets for business purposes, leasing, joint ventures and associations must ensure the principles. Specifically, it must be consistent with the functions and tasks of the unit; must not affect the performance of functions and tasks assigned by the State; must not cause loss of ownership of public assets; must preserve and develop capital and assets assigned by the State.
Using assets for the right purposes assigned, invested in construction, purchased; promoting capacity and efficiency of asset use; fully calculating depreciation of fixed assets, fully performing obligations on taxes, fees, charges and other financial obligations to the State as prescribed by law.
Assets donated, presented, donated, contributed, aided, sponsored and transferred in other forms of ownership by domestic and foreign organizations and individuals to the High-Tech Park Management Board or public service units are determined to be legal public assets of the unit directly receiving, managing and using the assets and must be managed and used in accordance with the provisions of law on management and use of public assets.
Article 4 of the Resolution stipulates cases of using public assets for business purposes, leasing, joint ventures and associations. Specifically, public service units use public assets for business purposes, leasing, joint ventures and associations in accordance with the functions and tasks of the unit to provide services for high-tech activities, provide shared equipment, provide workspace, research, incubation, testing and demonstration of technology to support high-tech activities, develop an innovation and startup ecosystem.
Next, public service units use public assets for business purposes, leasing, joint ventures, and associations in cases prescribed by law on management and use of public assets, other than the cases prescribed in Clause 1 of this Article.
Previously, presenting the Report of the Hanoi People's Committee, Vice Chairman of the Hanoi People's Committee Nguyen Manh Quyen said: Effectively implementing the provisions of the Capital Law, creating a legal corridor for the High-Tech Park Management Board and public service units under the management of the City in the Hoa Lac High-Tech Park to effectively manage and use public assets, ensuring thrift practice and anti-waste.
Regarding compensation for land acquisition and compensation for land users and infrastructure use fees: Hoa Lac Hi-Tech Park can only apply the average calculation method because the land acquisition and compensation work is carried out for the entire area without carrying out separate land acquisition and compensation for each planned land lot. However, in reality, Hoa Lac Hi-Tech Park has not been able to determine the compensation for land acquisition and compensation for compensation according to the provisions of Decree No. 35/2017/ND-CP because it has not completed the entire land acquisition and compensation for a functional subdivision or for the entire high-tech park. These difficulties and problems have led to the Management Board not being able to collect this amount into the State budget and investors in Hoa Lac Hi-Tech Park have not had a basis to fulfill their financial obligations to the State and have not been granted a Land Use Right Certificate according to regulations.
The determination, collection, payment and use of infrastructure usage fees for State-invested projects and wastewater treatment fees at Hoa Lac Hi-Tech Park are implemented according to the provisions of Decree No. 74/2017/ND-CP dated June 20, 2017. In fact, in recent years, the Management Board has issued infrastructure usage fees for State-invested projects and wastewater treatment fees according to these regulations, and has collected money into the Management Board's account to carry out the operation, maintenance and regular maintenance of the technical infrastructure system and wastewater treatment system, in addition to the compensation funds from the State budget.
However, during the implementation process, there were also difficulties and shortcomings such as: some costs and data had to be provisionally calculated to determine the collection level; there were no sanctions for cases of non-payment or late payment; there were no preferential policies or support for some subjects such as state agencies and public service units; depositing money into the Management Board's account for direct use also caused many shortcomings due to the unclear legal corridors involved.
Therefore, in order to implement the Capital Law No. 39/2024/QH15 and to remove and resolve difficulties and problems of Hoa Lac Hi-Tech Park, it is necessary to develop a Resolution of the City People's Council regulating compensation for land acquisition and site clearance to be refunded to land users (including determining the collection level, collection, payment, and use of compensation for land acquisition and site clearance; preferential and support policies for some specific cases) and regulations on infrastructure use fees and wastewater treatment fees (including determining the collection level, collection, payment, and use of infrastructure use fees, wastewater treatment fees, and preferential and support policies for state agencies and public service units) in accordance with the authority and tasks assigned in the Capital Law.
Source: https://kinhtedothi.vn/thong-qua-nghi-quyet-quan-ly-tai-san-cong-tai-khu-cong-nghe-cao-hoa-lac.html
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