The Table of Land Prices or Specific Land Prices Applied for Calculating Income Tax from the Transfer of Land Use Rights?

What is the transfer of land use rights?

Pursuant to the provisions of Clause 12, Article 3 of the Land Law 2024 as follows:

Article 3. Explanation of terms

In this Law, the following terms are understood as follows:

...

12. Transfer of land use rights is the transfer of land use rights from one person to another through forms such as conversion, transfer, inheritance, donation of land use rights, or contribution of capital by land use rights.

...

Thus, the transfer of land use rights is understood as the transfer of land use rights from one person to another through forms such as conversion, transfer, inheritance, donation of land use rights, or contribution of capital by land use rights.

Is the land price table or specific land price applied for calculating income tax from the transfer of land use rights?

Based on the provisions of Clause 1, Article 159 of the Land Law 2024, the land price table is applied for the following cases:

Land price table

1. The land price table is applied for the following cases:

a) To calculate land levy when the State recognizes the use rights of homestead land by households, individuals; changes the purpose of land use of households, individuals;

b) To calculate land rent when the State leases land with annual land rent collection;

c) To calculate land use tax;

d) To calculate income tax from the transfer of land use rights for households, individuals;

đ) To calculate fees in the management and use of land;

e) To calculate fines for administrative violations in the field of land management;

g) To calculate compensation payments to the State when causing damage in the management and use of land;

h) To calculate land levy, land rent when the State recognizes land use rights through land allocation with levied land levy, or lease land with a one-time rent payment for the entire lease term for households, individuals;

i) To calculate the starting price for auctioning land use rights when the State allocates or leases land for a land parcel or land zone that has been invested in technical infrastructure according to the detailed construction planning;

k) To calculate land levy for cases of land allocation without auctioning land use rights for households, individuals;

l) To calculate land levy for cases of selling state-owned housing to current tenants.

2. The land price table is constructed according to regions and locations. For regions with digital cadastral maps and land price databases, the land price table should be constructed for each parcel based on value ranges, standard parcels.

3. The provincial People's Committee prepares and submits the initial land price table to the provincial People's Council for decision, which is announced and applied from January 1, 2026. Annually, the provincial People's Committee is responsible for submitting to the provincial People's Council the decision to adjust, amend, supplement the land price table to be announced and applied from January 1 of the following year.

If necessary, adjustments, amendments, and supplements to the land price table during the year should be proposed by the provincial People's Committee to the provincial People's Council for decision.

The provincial land management agency is responsible for assisting the provincial People's Committee in organizing the construction, adjustment, amendment, and supplementation of the land price table. During this process, the provincial land management agency may hire consultancy organizations to determine land prices to construct, adjust, amend, and supplement the land price table.

4. The Government of Vietnam provides detailed regulations on this Article.

Thus, according to the mentioned regulations, the land price table is applied to calculate income tax from the transfer of land use rights for households, individuals.

Is the land price table or specific land price applied for calculating income tax from the transfer of land use rights? (Image from the Internet)

For which cases is the specific land price applied?

Based on the provisions of Clause 1, Article 160 of the Land Law 2024, the specific land price is applied for the following cases:

- Calculation of land levy for organizations when the State allocates land with levied land levy not through the auction of land use rights, not through bidding to select investors for projects using land, allocates land with levied land levy to winning bidders or economic organizations established by winning bidders to implement projects using land, recognizes land use rights, allows change of land use purpose subject to land levy payment;

- Calculation of land rent when the State leases land with one-time rent payment for the entire lease term, except through auctioning land use rights;

- Calculation of the land use right value when equitizing state-owned enterprises according to the law on equitization;

- Determining the starting price for auctioning land use rights when the State allocates or leases land, except as specified at Point i, Clause 1, Article 159 of the Land Law 2024;

- Calculation of land levy, land rent when extending land use, adjusting the duration of land use, adjusting detailed construction planning; allowing change of land use form;

- Calculation of compensation payments when the State recovers land.