THE BUSINESS INFORMATION CENTER AT THE VIETNAM CHAMBER OF COMMERCE AND INDUSTRY

No.2 (5) June 2004

   

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Issue No. 22
Access to land
:: Article  :: Viewpoints
 

Issue No. 21
The state capital
investment corporation
:: Article  :: Viewpoints
 

Issue No. 20
Streamlining the
business startup process
:: Article  :: Viewpoints
 

Issue No. 19
Effective Implementation of the new Enterprise and Investment Laws
:: Article  :: Viewpoints
 

Issue No. 18
Starting a business in Vietnam
:: Article  :: Viewpoints
 

Issue No. 17
Streamlining
Business Licensing
:: Article  :: Viewpoints
 

Issue No. 16
Women's entrepreneurship
:: Article  :: Viewpoints
 

Issue No. 15
Private Credit Bureaus
:: Article  :: Viewpoints
 

Issue No. 14
Efforts in improving business environment
:: Article  :: Viewpoints
 

Issue No. 13
Corporate governance
:: Article  :: Viewpoints
 

Issue No. 12
The common investment law
:: Article  :: Viewpoints
 

Issue No. 11
Private sector firms
:: Article  :: Viewpoints
 

Issue No. 10
The unified enterprise law
:: Article  :: Viewpoints
 

Issue No. 9
Investment incentives
in Vietnam
:: Article  :: Viewpoints
 

Issue No. 8
Business Environment in Vietnam - Overview 2004
:: Article  :: Viewpoints
 

Issue No. 7
Business Development Services
:: Article  :: Viewpoints
 

Issue No. 6
Local governance
& Economic growth
:: Article  :: Viewpoints
 

Issue No. 5
SOE Valuation
:: Article  :: Viewpoints
 

Issue No. 4
Corp. Social Responsibility
:: Article  :: Viewpoints
 

Issue No. 3
Trademark protection
:: Article  :: Viewpoints
 

Issue No. 2
The stock market
:: Article  :: Viewpoints

 

Issue No. 1
The revised draft Land Law
:: Article  :: Viewpoints

 

 

VIEWPOINTS
 

Debate on whether to include LUR in valuing SOEs

 

  • The Ministry of Finance is currently studying the implications of the revised Land Law on LUR valuation for SOE equitization. According to the new Land Law, all businesses have the right to choose between the two forms of LUR (i.e. land lease or land allocation). In cases where an SOE has allocated land, the valuation should take into account the market value of the LUR.

Mr. Tran Huu Tien, Deputy Director,
Enterprise Finance Department, Ministry of Finance


  • Resolutions III and Decree 64/CP provides stipulations for including the value of LUR in SOE valuation. However, most equitizing SOEs object to including the full market value of the LUR on their valuation, preferring instead to continue leasing land from the State on an annual basis, and at a state-subsidized rate. They argue that there are other enterprises–both state- and privately-owned–that are located in good commercial areas and lease land from the State. These companies do not include the LUR value at market price in their valuation, so equitizing SOEs should not have to do so either. Furthermore, the amended Land Law allows firms to choose between leasing land or getting the LUR 'assigned' from the State. The problem is both theoretical, as the two legal documents are contradictory, and practical–two enterprises located in the same vicinity can be valued very differently because one is equitizing and the other is not. We have not yet found a suitable solution.

Dr. Nguyen Huy Tuong, Vice Director of the Hai Phong Finance Department
cum Chief of the Enterprise Finance Division


  • We originally contributed a 20-year LUR to a JV, but when we equitized, we only included a 10-year value, which was amortized over the course of the JV's 10 years of operation. For the remaining 10 years, the equitized SOE–which is now a joint-stock company–is applying, like other enterprises, to lease land from the State. With this approach, the SOE is valued at a reasonable level, enabling our own workers to purchase company shares. Employees now hold 60% of Vinabico's shares. We would like to request that the State speed up the process of leasing or allocating land to equitized SOEs like ours.

Ms. Duong Hong Lam, Director, Vinabico Confectionery Joint Stock Company


  • There are those who believe that it would be a loss to the State budget in terms of forgone revenue if the value of the LUR is not included when SOEs are valued for equitization. But considering this issue from a macro-economic point of view, I think it is not advisable to include LUR in SOE valuation. First of all, it is very difficult to accurately assess the value of a LUR. If based on the State's price scale, then it is much lower than the market rate; but if using the market price, there is no standard real estate market for reference. Secondly, an unfair business environment would be unintentionally created if the LUR is included in the value of the equitized SOE, while other SOEs are able to lease land or get land granted. If equitized SOEs are disadvantaged in relation to non-equitized SOEs, then what is the motive for equitizing? In my opinion, this issue can be settled by simply leasing land to all enterprises, regardless of type, so as to ensure a level playing field.

Mr. Nguyen Van Nghia, Officer in charge,
Enterprise Reform and Development Department, Office of the Government


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