Is the factory of a production facility subject to registration fee when registering ownership in Vietnam?

Is a factory subject to registration fee when registering ownership in Vietnam?

According to Clause 25 Article 10 of Decree 10/2022-ND-CP, which stipulates the subjects exempt from registration fees, it is regulated as follows:

Exemption from registration fees

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22. Aircraft used for the purpose of business transportation of goods and passengers.

23. Fishing vessels (including vessels exploiting aquatic resources, logistics vessels for exploiting aquatic resources); the hull, engine assembly, and engine block of fishing vessels that are replaced and must be registered with the competent state authority.

24. The hull, frame assembly, engine assembly, engine block stipulated in Clause 8 Article 3 of this Decree are replaced and must be re-registered within the warranty period.

25. Factories of production facilities; warehouses, canteens, and parking garages of production and business facilities. Factories as stipulated in this clause are determined according to the law on classification of construction projects.

26. Houses and homestead land of poor households; houses and homestead land of ethnic minorities in communes, wards, commune-level towns in difficult areas, the Central Highlands; houses and homestead land of households and individuals in communes under the economic - social development program of particularly difficult communes, mountainous, deep-lying, and remote areas.

27. Watercraft, non-motorized boats, with a total load capacity of up to 15 tons; watercraft, boats with engines with a total main engine power of up to 15 horsepower; watercraft, boats with a capacity to carry up to 12 people; high-speed passenger boats, garbage-collecting vessels, and container transport watercraft, boats.

The means mentioned above are determined according to the law regulations on inland waterway traffic and guiding documents (including the corresponding hull, frame assembly, engine assembly, engine block installed as a replacement for these types of means).

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Thus, the factory of a production facility is among the subjects exempt from registration fees.

Is the factory of a production facility subject to registration fee when registering ownership in Vietnam? (Image from the Internet)

What properties are subject to the registration fee in Vietnam?

According to Article 3 of Decree 10/2022-ND-CP, subjects to the registration fee include:

- Houses, land.

- Hunting guns; guns used for training and sports competitions.

- Ships in accordance with the law on inland waterway traffic and maritime law (hereinafter referred to as ships), including barges, canoes, tugboats, pushers, submarines, and submersibles; excluding floating docks, floating storage facilities, and mobile rigs.

- Boats, including yachts.

- Aircraft.

- Two-wheeled motorcycles, three-wheeled motorcycles, mopeds, similar types of motorcycles, and mopeds that must be registered and plated by a competent state authority (hereinafter referred to collectively as motorcycles).

- Automobiles, trailers, or semitrailers pulled by automobiles, similar types of automobiles that must be registered and plated by a competent state authority.

- The hull, frame assembly, engine assembly, engine block of the assets stipulated in clauses 3, 4, 5, 6, and 7 of this Article replaced and must be registered with a competent state authority.

What are regulations on registration fee deferral in Vietnam?

According to Article 9 of Decree 10/2022-ND-CP, registration fee deferral is carried out as follows:

- Deferral of the registration fee for land and houses attached to the land of families and individuals eligible for land levy deferral according to land law regulations on land levy collection. When settling registration fee debt, families and individuals must pay the registration fee calculated based on the house, land price specified by the People's Committee of the province or centrally affiliated city at the time of declaring the registration fee.

- If families and individuals with deferred registration fees transfer, convert, or donate the house ownership or land use rights to other organizations or individuals (except for donating houses, land between subjects stipulated in Clause 10 Article 10 of 10/2022-ND-CP), they must pay the full amount of the registration fee debt before transferring, converting, or donating.

- Procedure for registration fee deferral:

+ Families and individuals eligible for deferral of the house and land registration fee declare the registration fee and submit the registration fee declaration dossier according to tax management law regulations.

+ The competent authority issuing the certificate of land use rights, house ownership, and assets attached to the land reviews the dossier, and if it is determined that the subject is eligible for deferral of the house and land registration fee, it is noted in the certificate of land use rights, house ownership, and assets attached to the land: "Registration fee debt" before issuing it to the owner, user of the house, land.

- Upon receiving the dossier for procedures on transferring, converting, or donating house ownership, land use rights of families, and individuals with deferred registration fees:

+ The competent authority issuing the certificate of land use rights, house ownership, and assets attached to the land is responsible for transferring the dossier, along with the "Information transfer slip to determine financial obligations on land" to the Tax Authority for calculation;

+ Notify families and individuals with houses, land to pay the full amount of deferred registration fees before completing the transfer, conversion, or donation procedures.