Decision No. 62/2009/QD-TTg dated April 20, 2009, on exemption from land rents for building maintenance and repair stations and car parks of mass transit enterprises

DECISION

ON EXEMPTION FROM LAND RENTS FOR BUILDING MAINTENANCE AND REPAIR STATIONS AND CAR PARKS OF MASS TRANSIT ENTERPRISES

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Land Law;
Pursuant to the Government's Resolution No. 16/2008/NQ-CP of July 31, 2008, on step-by-step combat against traffic jams in Hanoi and Ho Chi Minh City;
Pursuant to the Government's Decree No. 142/ 2005/ND-CP of November 14, 2005, on collection of land rents and water surface rents;
At the proposal of the Minister of Finance,

DECIDES:

Article 1. Enterprises established and operating under the Enterprise Law, the State Enterprise Law and the Cooperative Law that are leased land by the State for dealing in mass transit in urban districts, cities and towns of provinces and centrally run cities are exempt from land rents for the whole land lease duration for land areas used for building maintenance and repair stations and car parks (including ticket counters, management and administration areas and public service areas) in service of mass transit.

For land areas not used for above-mentioned purposes (if any), land rents must be paid according to current regulations.

Article 2. The order, procedures and competence to decide on exemption from land rents comply with the Government's current regulations and the Finance Ministry's guidance on collection of land rents.

Article 3. Enterprises that are leased land by the State and exempted from land rents under Article 1 of this Decision may not transfer, contribute capital, mortgage or guarantee with land use right value for their land areas exempted from land rents. They may transfer, contribute capital, mortgage or guarantee with assets under their ownership invested on land according to the lane law.

In case enterprises no longer need to use lane or improperly use land for building maintenance and repair stations and car parks (including ticket counters, management and administration areas and public service areas), the State shall recover land areas and handle assets invested on land according to the land law.

Article 4. Implementation provisions This Decision takes effect on June 15, 2009.

Article 5. Organization of implementation

The Minister of Finance, presidents of provincial-level People's Committees, ministers and heads of concerned agencies and units shall implement this Decision.-