Vietnam: Procedures for repayment or deduction of paid land levy

According to Decree No. 123/2017/ND-CP of Vietnam’s Government, the investor of the social housing project shall submit an application for repayment or deduction of paid land levy or amount received from land use right transfer paid at the Department of Finance of the province where the project is executed.

1. Applications:

In case of the social housing project mentioned in Clause 1 Article 53 of the Law on Housing 2014 of Vietnam:

- A written request for repayment or deduction;

- A copy of the decision on or approval for investment in the social housing project from a competent state authority.

- A copy of the agreement or document proving reception of land use right transfer;

- A copy of each of the document/invoice proving the amount paid to the state budget when the State allocates or leases out land or document/invoice proving reception of land use right transfer from another organization/household/individual that area of land is used for social housing construction.

In case of the social housing project mentioned in Clause 2 Article 53 of the Law on Housing 2014:

- A written request for repayment or deduction;

- A copy of the decision on or approval for investment in the social housing project from a competent state authority;

- A copy of the list of employees of the enterprise or cooperative having housing allocated with confirmation of the competent state authority under regulations of law on housing;

- A copy of the agreement or document proving reception of land use right transfer;

- A copy of each of the document/invoice proving the amount paid to the state budget when the State allocates or leases out land or document/invoice proving reception of land use right transfer from another organization/household/individual that area of land is used for social housing construction.

2. Time limit for processing:

- 20 days from the date receiving the application from the investor, the Department of Finance of province shall determine and request the People’s Committee thereof to consider repaying or deducting from paid land levy or amount received from land use right transfer paid to financial obligations of the investor;

- 10 days from the day on which the People’s Committee of province grants the approval for repayment or deduction of paid land levy or amount received from land use right transfer paid to financial obligations of the investor to execute the social housing project, the Department of Finance of province shall request the Department of Taxation or state treasury thereof for implementation.

View more details at Decree No. 123/2017/ND-CP of Vietnam’s Government, effective from January 01, 2018.

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