03 objects of exemption from, reduction of agricultural land use tax in Vietnam

03 objects of exemption from, reduction of agricultural land use tax in Vietnam (Internet image)

Circular 120/2011/TT-BTC stipulates that objects of exemption from, reduction of agricultural land use tax in Vietnam include:

1. Exemption from agricultural land use tax for the whole area of agricultural land for research, trial production; land area for annual crop with at least one rice crop in a year; land area for salt making.

Land area for annual crop with at least one crop per year include land area planned, with plan to plant at least one crop per year or land area planned, with plan to plant annual crop but there is at least one crop per year in reality.

2. Exemption from agricultural land use tax for the whole agricultural land area assigned by the State or recognized for the poor.

• The identification of poor households is based on the standards of poor households issued by decision of the Prime Minister from time to time.

• For the period of 2011-2015, the identification of poor households is in accordance with provisions of the Decision 09/2011/QD-TTg dated 30/01/2011 of the Prime Minister promulgating the standards of poor households, nearly-poor households for the period of 2011-2015, and the amended, supplemented documents (if any).

• Where the People's Committees of provinces and cities directly under the Central Government specify the standards of poor households according to the law provisions applied at the localities, based on standards of poor households defined by the People's Committees of provinces and cities centrally to identify the poor households.

3. Exemption from agricultural land use tax for agricultural land area within the limits of agricultural land for the following objects:

- Households and farmers assigned or accredited land to produce agriculture by the State, including land from inheritance, donation, and receipt of land use right transfer.

Households and farmers including those who have permanent residence in the locality; people with the main living source by agriculture, forestry, aquaculture and salt production certified as long-term residence in the locality but having no number of inhabitants by the People's Committee of commune, ward and townships (hereinafter referred to as the commune-level People's Committee); the households and individuals previously operated in the non-agriculture sector and having number of inhabitants in the locality but unemployed in present; state officers and civil servants, public employee, workers and soldiers left their jobs due to health loss or due to rearrangement of production, down- staffing enjoyed lump-sum allowance or allowance for some years and permanently residing in the locality; children of officers and civil servants, public employee, workers living in the locality at the working age but having no jobs.

- Households and individuals who are members of cooperatives in agricultural production received stable allotment land of cooperatives, state farms, state forestry farms for agricultural production in accordance with the law provisions.

The land allotment of cooperatives and state farms, state forestry farms for agricultural production is made under the provisions of the Decree135/2005/ND-CP dated 8/11/2005 of the Government and the guiding documents.

- Households and individuals who are farm members, forestry farm members have received stable allotment land of state farms, state forestry farms for agricultural production in accordance with the law provisions.

Farm members, forestry farm members including officials, workers and public employees working for state farms, state forestry farms; households with people who are working for state farms, state forestry farms or retired, left their jobs due to labor health loss and enjoy allowance as prescribed by law, residing in the locality; households with need for direct agricultural production, forestry production, aquaculture and residing in the area.

- Households and individuals of agricultural production are entitled to use their agricultural land to contribute for the establishment of cooperatives of agricultural production in accordance with provisions of the Law on Cooperatives.

More details can be found in Circular 120/2011/TT-BTC, which comes into force from October 1, 2011.

Thuy Tram

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