Vietnam: No deduction of 2%/year of land use fee for those who pay debt before due date according to new regulations

This is a notable content of Decree No. 79/2019/NĐ-CP of Vietnam’s Government on amendments to Article 16 of Decree No. 45/2014/NĐ-CP dated May 15, 2014 of Vietnam’s Government regulating collection of land use fees.

According to Article 1 of Decree No. 79/2019/NĐ-CP amending Article 16 of Decree No. 45/2014/NĐ-CP of Vietnam’s Government, persons rendering meritorious revolutionary services; poor households; ethnic minority households and individuals; households and individuals obtaining registration for their permanent residence at communes that are recognized as difficult or extremely difficult socio-economic areas may be granted permission for deferred repayment of land use fees if they are allocated resettlement land after the State’s land expropriation in accordance with law on land.

khong giam tru 2%/nam tien su dung dat doi voi nguoi tra no truoc han, Thong tu 79/2019/NĐ-CP

According to Article 16 of Decree No. 45/2014/NĐ-CP, households or individuals that pay owed land use levy ahead of schedule are entitled to support in the form of deduction equal to 2% of the land use levy amount paid ahead of schedule for each year of ahead-of-schedule payment.

However, from the effective date of Decree No. 79/2019/NĐ-CP (December 10, 2019), households or individuals that pay owed land use levy ahead of schedule are no longer  entitled to support in the form of deduction equal to 2% of the land use levy amount paid ahead of schedule for each year of ahead-of-schedule payment.

Decree No. 79/2019/NĐ-CP also clearly stipulate that households and/or individuals referred to herein may repay their outstanding debts by installments within 5 years of receipt of decisions on allocation of resettlement land from competent regulatory authorities, and may be granted exemption from the requirement for payment of any late payment fee incurred within this period.

After 5 years of receipt of resettlement land allocation decisions from competent regulatory authorities, if these households and/or individuals have not yet fully paid all debts accrued as specified in Certificates of rights to use land and own house and other associated property (hereinafter referred to Certificate), they shall be obliged to pay the remaining outstanding balance of land use fees owed and late payment fees charged on such amounts according to permissible levels prescribed in law on tax administration as from the end date of the 5-year period of permission for deferred repayment to the date of debt repayment.

View full text at Decree No. 79/2019/NĐ-CP of Vietnam’s Government, effective from December 10, 2019.

Thu Ba

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