The Law on Non-Agricultural Land Use Tax 2010 of Vietnam, promulgated on June 17, 2020, provides for objects liable or not liable to, payers of, bases for, registration, declaration, calculation and payment of, exemption from and reduction of, non-agricultural land use tax.
According to Article 3 of the Law on Non-Agricultural Land Use Tax 2010 of Vietnam and Article 2 of Circular No. 153/2011/TT-BTC, objects not liable to tax are non-agricultural land used for noncommercial purposes, including:
One, land used for public utilities, including:
- Traffic and irrigation land, including land for construction of roads, bridges, sluices, pavements, railways, airport and airfield infrastructure, etc.;
- Land for construction of cultural, healthcare, education and training, physical training and sport facilities for public interests;
- Land with historical and cultural relics or scenic places which have been ranked or placed under protection under decisions of People's Committees of provinces and central-affiliated cities (below referred to as provincial-level People's Committees);
- Land for construction of other public works, including land used for public-utility purposes in urban centers and rural residential areas; land for construction of common-utility infrastructure facilities in industrial parks, hi-tech parks, etc.
Two, land used by religious bodies, including land of pagodas- churches, oratories, chancels, monasteries, religious training institutions, etc.;
Three, land used as cemeteries and graveyards;
Four, land under rivers, canals, ditches, streams and special-use water surface;
Five, land with communal houses, temples, hermitages, clans' worship halls, including land areas for building these works and their premises;
Six, land for construction of working offices and non-business works, including:
- Land of working offices of state agencies, political organizations, socio-political organizations and public non-business organizations; offices of Vietnam-based foreign diplomatic representative missions and consulates and international intergovernmental organizations entitled to privileges and immunities like foreign diplomatic representative missions in Vietnam;
- Land for construction of economic, cultural, social, scientific and technological and diplomatic non-business works of state agencies, political organizations, socio-political organizations and public non-business organizations.
Seven, land used for defense and security purposes, including:
- Land of barracks and army camps;
- Land of military bases;
- Land of national defense works, battlefields and other special defense and security works;
- Land of military stations and ports;
- Land of industrial and science and technology works to directly serve national defense and security;
- Land of warehouses of people's armed forces units;
- Land of firing ranges, drill grounds, weapon testing grounds and weapon disposal sites;
- Land of guest houses, public-duty houses, competition halls, gyms and other facilities within barracks and camps of people's armed forces units;
- Land of prisons, detention houses, educational institutions and reformatories managed by the Ministry of National Defense or the Ministry of Public Security;
- Land of other combat works and defense and security works specified by the Government.
Eight, non-agricultural land for construction of works of agricultural, forestry, aquaculture or salt-making cooperatives; land in urban areas which is used for construction of glasshouses and other buildings for farming purposes, including cases in which crops are not planted directly on land; land for construction of stables and farms for raising livestock, poultry and other animals as permitted by law; land for construction of agricultural, forestry and fishery research and testing farms and stations; land for construction of seedling plant and breeding animal nurseries; land for construction of households' and individuals' warehouses to store farm produce, plant protection drugs, fertilizers and agricultural machines and tools.
View more details: The Law on Non-Agricultural Land Use Tax 2010 of Vietnam takes effect from January 01, 2012.
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