When will regulations on commencement date from which land rents are calculated for cases of extension and adjustment of land use term in Vietnam come into force?

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Commencement date from which land rents are calculated for cases of extension and adjustment of land use term in Vietnam according to Decree 10/2023/ND-CP

For cases of land use extension or adjustment of land use term, the determination of the commencement date from which land rents are calculated is based on the provisions of Article 18a of Decree 44/2014/ND-CP supplemented by Clause 2, Article 2 of Decree 10/2023/ND-CP as follows:

Commencement date from which land rents are calculated for cases of extended land use or adjusted land use term

1. For cases where the land user is granted an extension by a competent state agency when the land use term expires, the commencement date from which land rents are calculated is the first day of the next lease term.

2. For cases where the land use term is adjusted by a competent state agency, it is implemented as follows:

a) For land with a source granted for lease by the state with land rent paid once for the entire lease period, the commencement date from which land rents are calculated is the time the state decides to adjust the land use term. The collection, deduction, and refund of land rent are implemented according to the law on land rent collection;

b) For land with a source granted for lease by the state with annual land rent payment, the commencement date from which land rents are calculated for the first cycle of stabilized land rent price is the time the state decides to adjust the land use term to calculate annual land rent.

Thus, the commencement date from which land rents are calculated for cases of extended land use or adjusted land use term is determined as follows:

Note: In cases of extended land use for land with a source granted for lease by the state with land rent paid once for the entire lease period, the collection, deduction, and refund of land rent are implemented according to the law on land rent collection.

When will regulations on commencement date from which land rents are calculated for cases of extension and adjustment of land use term in Vietnam come into force?

When will regulations on commencement date from which land rents are calculated for cases of extension and adjustment of land use term in Vietnam come into force?

According to the content of Clause 1, Article 5 of Decree 10/2023/ND-CP as follows:

Implementation clauses

1. This Decree takes effect from May 20, 2023.

Thus, the regulation on determining the commencement date from which land rents are calculated for cases of land use extension or adjustment of land use term supplemented by Clause 2, Article 2 of Decree 10/2023/ND-CP will apply from May 20, 2023.

When shall land price brackets in Vietnam be adjusted?

Based on Article 9 of Decree 44/2014/ND-CP stipulates as follows:

Adjusting the land price brackets

1. When the common land price on the market increases by 20% or more compared to the maximum land price or decreases by 20% or more compared to the minimum land price in the land price brackets for a period of 180 days or more, the Government of Vietnam adjusts the land price brackets.

2. Contents of adjusting the land price brackets:

a) Adjusting the minimum and maximum prices of a type of land or several types of land or all types of land in the land price brackets;

b) Adjusting the land price brackets in an economic region or several economic regions or all economic regions; in a type of urban area or several types of urban areas or all types of urban areas.

3. The process of adjusting the land price brackets is implemented as follows:

a) Determining the type of land, economic region, and type of urban area that needs the land price brackets adjusted;

b) Investigating, compiling, and analyzing information about market land prices; natural, socio-economic factors, and land management and use affecting land prices;

c) Analyzing and evaluating the results of implementing the current land price brackets;

d) Developing the adjusted land price brackets and the proposal for adjusting the land price brackets;

dd) Organizing the collection of opinions on the draft adjusted land price brackets;

e) Appraising the draft adjusted land price brackets;

g) Finalizing the adjusted land price brackets and submitting it to the Government of Vietnam for issuance.

4. The dossier for adjusting the land price brackets to submit to the Government of Vietnam includes:

a) The proposal for issuing the adjusted land price brackets;

b) The draft adjusted land price brackets;

c) The explanatory report on developing the adjusted land price brackets;

d) The appraisal document on the adjusted land price brackets.

5. The Ministry of Natural Resources and Environment is responsible for organizing the development and submission of the adjusted land price brackets to the Government of Vietnam. The Ministry of Finance is responsible for appraising the adjusted land price brackets.

When the common land price on the market increases by 20% or more compared to the maximum land price or decreases by 20% or more compared to the minimum land price in the land price brackets for a period of 180 days or more, the Government of Vietnam adjusts the land price brackets.