Shall the current land price list of Vietnam be used until December 31, 2025? Is land with historical and cultural relics which have been ranked exempt from non-agricultural land use tax in Vietnam?

Shall the current land price list of Vietnam be used until December 31, 2025?

According to Clause 1, Article 257 of the Land Law 2024, the regulation is as follows:

Resolution on Land Financials, Land Prices When This Law Takes Effect

1. The land price list issued by the Provincial People's Committee under the provisions of Land Law No. 45/2013/QH13 shall continue to be applied until December 31, 2025; if necessary, the Provincial People's Committee decides to adjust the land price list according to this Law to match the actual situation of land prices in the locality.

2. For cases where decisions have been made regarding land allocation, lease, permission for land-use conversion, changing from annual rental payments to one-time rental payment for the entire lease term, land-use extension, adjustment of land-use duration, adjustment of detailed planning according to land law and other relevant laws before the Law takes effect but the land price has not been decided, the implementation is as follows:

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In addition, Official Dispatch 5774/BTNMT-QHPTTND 2024 regarding the adjustment, amendment, and supplementation of the land price list according to land law regulations. The Ministry of Natural Resources and Environment pointed out:

Through situation assessment, it is noted that some localities are using land prices from the current land price list (constructed, issued following the 2013 Land Law and guiding documents) as a starting price for auctioning land use rights when the State allocates or leases land for land parcels or zones already invested with technical infrastructure according to detailed construction planning as stipulated at point i, clause 1, Article 159 of the 2024 Land Law. There is a significant gap between the starting price and the auction-winning price, showing potential misuse of land-use right auctions for profiteering, disrupting the market, affecting economic-social development, investment and business environment, and the real estate market.

This situation partially arises because the current land price list was constructed and issued under the 2013 Land Law and its guiding documents, controlled by the pricing framework of the Government of Vietnam (which was removed by the 2024 Land Law). Moreover, during the implementation of the land price list, some localities did not promptly monitor the common land price fluctuations in the market to adjust the land price list appropriately[1]. Thus, the land prices in the land price list in some localities are significantly lower than market prices (a limitation summarized and evaluated in the General Report on implementing Resolution No. 19-NQ/TW and the Summary Report on implementing the 2013 Land Law).

To enhance the effectiveness and efficiency of land management, to purify the real estate market, and to promote socio-economic development, the Ministry of Natural Resources and Environment recommends that the Provincial People's Committees, when applying land prices in the land price list for land management, must direct reviews. If the land price at a place needing the application of the land price list is not suitable to the reality, they should, based on legal regulations and local actual conditions, decide to adjust the land price list issued by the Provincial People's Committee under the 2013 Land Law regulations to be applied until December 31, 2025.

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Thus, from the above regulations, the land price list issued by the Provincial People's Committee under the 2013 Land Law will continue to be applied until December 31, 2025.

In necessary cases, the Provincial People's Committee will decide to adjust the land price list in accordance with the Land Law 2024 to match the actual land prices in the locality.

>>> See also: Price Table for Dang Chat Road, District 8, Ho Chi Minh City**

Shall the current land price list of Vietnam be used until December 31, 2025? (Image from the Internet)

From January 01, 2026, What is the procedure for compiling the land price list in Vietnam?

According to Article 14 of Decree 71/2024/ND-CP, the first-time compilment of the land price list to be announced and applied from January 01, 2026, is conducted as follows:

(1) The organization responsible for land pricing carries out the construction of the land price list as follows:

- Investigate, survey, collect information to serve the construction of the land price list based on regions and locations; design land price lists down to each parcel based on value ranges and standard parcels;

- Determine land types, regions, land locations in each commune, ward, or commune-level town for areas where the land price list is built according to regions and locations; determine land types, the total number of parcels, and the number of parcels for each land type for areas where the land price list is built down to each parcel based on value range and standard parcels;

- Compile, complete the documentation results from investigation, survey, information collection at commune, district, provincial levels; analyze, evaluate the results from the current land price list concerning building land price lists by area and location;

- Compile investigation, survey, and information collection results; compil value ranges; choose the standard parcel and determine its price; create a comparison ratio table for constructing the land price list down to each parcel based on value ranges and standard parcels;

- Draft the land price list and a Report explaining the construction of the land price list.

(2) The Department of Natural Resources and Environment is responsible for drafting a Proposal on issuing the land price list; posting draft land price list documents for public comment on the website of the Provincial People's Committee and the Department of Natural Resources and Environment for 30 days; soliciting written opinions on the draft land price list from the Vietnam Fatherland Front Committee at the provincial level, its member organizations, tax authorities, state notary organizations, and land price appraisal consultancy organizations; incorporating feedback, completing the draft Proposal on issuing the land price list; directing the organization responsible for land pricing to incorporate and explain feedback, complete the draft land price list and the Report explaining the construction of the land price list.

(3) The Department of Natural Resources and Environment submits the dossier of the land price list for appraisal to the Land Price Appraisal Council; the Appraisal Council appraises the land price list and sends the appraisal document to the Department of Natural Resources and Environment.

(4) The Department of Natural Resources and Environment organizes the incorporation, explanation, revision, and finalization of the draft land price list according to the feedback from the Land Price Appraisal Council; submits to the Provincial People's Committee.

(5) The Provincial People's Committee presents to the People's Council of the same level to decide on the land price list, publicly announces it, and instructs databases updating into the national land database.

Is land with historical and cultural relics which have been ranked exempt from non-agricultural land use tax in Vietnam?

According to point c, clause 1, Article 3 of Decree 53/2011/ND-CP, the regulation is as follows:

Non-taxable Objects

Non-agricultural land used not for business purposes as stipulated in Article 3 of the Law on Non-Agricultural Land Use Tax falls under non-taxable objects, specifically:

1. Land used for public purposes includes:

a) Land for transportation, irrigation including land for constructing roads, bridges, culverts, sidewalks, railways, airport infrastructure including land within airport construction planning but not yet constructed due to phased investment approved by competent state authorities, land for water supply systems (excluding water production plants), drainage systems, irrigation structures, dikes, dams, and land within the safety protection corridor for transportation and irrigation;

b) Land for constructing cultural, healthcare, education and training, physical training and sports works serving public benefit includes land used for nursery schools, schools, hospitals, markets, parks, flower gardens, children's playgrounds, squares, cultural works, post-cultural points - communes, wards, commune-level towns, monuments, memorial tablets, museums, rehabilitation facilities for disabled persons, vocational training facilities, drug rehabilitation centers, reformatory camps, dignity restoration centers; care centers for the elderly and disadvantaged children;

c) Land with designated cultural-historical sites, landscapes that have been classified or protected by the decision of the Provincial People's Committee, city directly under the Central Government (hereinafter referred to as the Provincial People's Committee);

d) Land for constructing other public works includes land used for public purposes in urban and rural residential areas; land constructing infrastructure shared within industrial zones, high-tech parks, economic zones according to planning approved by competent authority; land for constructing power line systems, telecommunications networks, petroleum, gas pipelines, and land within safety protection corridors of the above facilities; power station land; lakes, reservoirs; land for constructing funeral homes, crematoriums; land for waste disposal areas, landfills, authorized waste treatment areas.

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Thus, Land with historical and cultural relics which have been ranked is exempt from non-agricultural land use tax.