Circular 89/2024/TT-BTC abolishing 12 Circulars on land finance in Vietnam from December 25, 2024
Circular 89/2024/TT-BTC abolishing 12 Circulars on land finance in Vietnam from December 25, 2024
On December 25, 2024, the Minister of Finance of Vietnam issued Circular 89/2024/TT-BTC abolishing, in part or in whole, several circulars in the field of land finance.
Article 1 of Circular 89/2024/TT-BTC stipulates the abolition of 12 circulars on land finance from December 25, 2024, including:
[1] Circular 76/2014/TT-BTC guiding Decree 45/2014/ND-CP on collecting land levy
[2] Circular 332/2016/TT-BTC amending Circular 76/2014/TT-BTC of the Ministry of Finance guiding Decree 45/2014/ND-CP on collecting land levy
[3] Circular 10/2018/TT-BTC on amending Circular 76/2014/TT-BTC guiding Decree 45/2014/ND-CP on collecting land levy
[4] Circular 77/2014/TT-BTC guiding Decree 46/2014/ND-CP on collecting land rent, rent on water surface
[5] Circular 333/2016/TT-BTC amending Circular 77/2014/TT-BTC of the Ministry of Finance guiding Decree 46/2014/ND-CP on collecting land rent, rent on water surface
[6] Circular 11/2018/TT-BTC on amending Circular 77/2014/TT-BTC guiding Decree 46/2014/ND-CP on collecting land rent, rent on water surface
[7] Circular 207/2014/TT-BTC stipulating the determination of land rent for agricultural and forestry companies using land for agricultural, forestry, and aquaculture production purposes
[8] Circular 89/2017/TT-BTC guiding certain provisions of Decree 35/2017/ND-CP on collecting land levy, land rent, rent on water surface in economic zones, and high-tech parks
[9] Circular 80/2017/TT-BTC guiding the determination of the value of land use rights, land rent, assets attached to land to be refunded when the State recovers land and the management and use of compensation for assets managed and used by the State, the financial support when the State recovers land but no compensation for land is paid
[10] Circular 61/2022/TT-BTC guiding the estimation, use, and finalization of funds for organizing the implementation of compensation, support, and resettlement when the State recovers land
[11] Circular 124/2016/TT-BTC guiding the management of proceeds from renting, lease purchase, and selling state-owned housing; settlement of financial differences when renting official residences and managing proceeds from renting official residences as per Decree 99/2015/ND-CP guiding the Housing Law
[12] Circular 139/2016/TT-BTC guiding the exemption of land levy, land rent, reimbursement, or deduction into the investor's financial obligations when investing in social housing construction and methods for determining land levy payable when the purchaser or lessee is permitted to resell social housing
Circular 89/2024/TT-BTC abolishing 12 Circulars on land finance in Vietnam from December 25, 2024 (Image from the Internet)
What are purposes of the Circulars issued by the Ministers?
According to Article 24 of the Law on Promulgation of Legislative Documents 2015 on Circulars of Ministers and heads of ministerial-level agencies:
Article 24. Circulars of Ministers and Heads of Ministerial-Level Agencies
Ministers and heads of ministerial-level agencies issue circulars to prescribe:
- Detailed provisions on the articles, clauses, and points assigned in laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, decisions of the President, decrees of the Government of Vietnam, decisions of the Prime Minister of the Government of Vietnam.
- Measures for the execution of their state management functions.
Thus, the Minister issues the circular to stipulate the following issues:
- Detailed provisions on the articles, clauses, and points assigned in laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, decisions of the President, decrees of the Government of Vietnam, decisions of the Prime Minister of the Government of Vietnam.
- Measures for the execution of their state management functions.
What does the system of legislative documents in Vietnam include?
Referring to Article 4 of the Law on Promulgation of Legislative Documents 2015 (amended and supplemented by points a and b, clause 1, Article 1 of the amended Law on Promulgation of legislative documents 2020) on the system of legislative documents:
[1] Constitution
[2] Codes, laws, resolutions of the National Assembly.
[3] Ordinances, resolutions of the Standing Committee of the National Assembly; joint resolutions between the Standing Committee of the National Assembly and the Presidium of the Central Committee of the Vietnam Fatherland Front; joint resolutions between the Standing Committee of the National Assembly, the Government of Vietnam, the Presidium of the Central Committee of the Vietnam Fatherland Front
[4] Orders, decisions of the President.
[5] Decrees of the Government of Vietnam; joint resolutions between the Government of Vietnam and the Presidium of the Central Committee of the Vietnam Fatherland Front.
[6] Decisions of the Prime Minister of the Government of Vietnam.
[7] Resolutions of the Council of Judges of the Supreme People's Court.
[8] Circulars of the Chief Justice of the Supreme People's Court; circulars of the Chief Procurator of the Supreme People's Procuracy; circulars of Ministers and Heads of Ministerial-level agencies; decisions of the State Auditor General.
[9] Joint circulars between the Chief Justice of the Supreme People's Court, the Chief Procurator of the Supreme People's Procuracy, the State Auditor General, Ministers, or Heads of Ministerial-level agencies. Joint circulars between Ministers and Heads of Ministerial-level agencies are not issued.
[10] Resolutions of People's Councils of provinces and centrally run cities (collectively referred to as provincial level).
[11] Decisions of Provincial People's Committees.
[12] Legislative documents of local governments in special administrative-economic units.
[13] Resolutions of People's Councils of districts, towns, district-level cities, cities under provinces, and cities under centrally run cities (collectively referred to as district level).
[14] Decisions of District People's Committees.
[15] Resolutions of People's Councils of communes, wards, and commune-level towns (collectively referred to as commune level).
[16] Decisions of Commune People's Committees.
