State Universities That Have Not Yet Achieved Financial Autonomy: Will the State Charge for Land Allocation?

Translation:Public universities that have not implemented financial autonomy: Do they have to pay land levy when the state allocates land?Under what circumstances does the state allocate land with or without land levy?Dear Sir/Madam,I would like to inquire as I am currently working in the legal department of a public university in Ho Chi Minh City, which has not yet implemented financial autonomy. Recently, our university was allocated land by the state to expand our lecture halls. I would like to ask whether, in this case, our university is required to pay land levy or not?Please advise. Thank you for your support.Best regards,[Your Name]

Are public universities that have not yet gained financial autonomy subject to land use fees when the state allocates land?

Article 54 of the Land Law 2013 stipulates cases of land allocation without land levy as follows:

The state allocates land without land levy in the following cases:

  1. Households and individuals directly engaged in agricultural production, forestry, aquaculture, and salt production are allocated agricultural land within the limits prescribed in Article 129 of this Law;

  2. Users of protective forest land, special-use forest land, production forest land that is natural forest, land for building office headquarters, land used for national defense and security purposes; land used for public purposes not for business purposes; land for cemeteries and graveyards not falling under the cases stipulated in Clause 4, Article 55 of this Law;

3. Public non-business organizations that have not yet gained financial autonomy use land to build non-business works;

  1. Organizations use land to build houses for resettlement under state projects;

  2. Community residents use agricultural land; religious establishments use non-agricultural land as stipulated in Clause 1, Article 159 of this Law.

Based on current regulations, public universities that have not yet gained financial autonomy are considered public non-business organizations that have not gained financial autonomy. Therefore, when the state allocates land, land use fees will not be collected.

In which cases does the state allocate land with land use fees?

Article 55 of the Land Law 2013 stipulates cases where the state allocates land with land levy as follows:

The state allocates land with land levy in the following cases:

  1. Households and individuals are allocated homestead land;

  2. Economic organizations are allocated land to implement investment projects to build houses for sale or for sale in combination with leasing;

  3. Overseas Vietnamese, and enterprises with foreign investment are allocated land to implement investment projects to build houses for sale or for sale in combination with leasing;

  4. Economic organizations are allocated land to implement infrastructure investment projects for cemeteries and graveyards to transfer land use rights associated with the infrastructure.

Respectfully!

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