Additional cases of applying land price list, specific land price in Vietnam

"Additional cases of applying land price list, specific land price in Vietnam" is mentioned in Draft Land Law (amended) which the Ministry of Natural Resources and Environment is collecting comments on.

Additional cases of applying land price list, specific land price in Vietnam (Source: Internet)

1. 09 cases of applying land price list in Vietnam

Specifically, Clause 3, Article 130 of the Draft Land Law (amended) stipulates cases where the land price list is used as a basis, including:

- Calculate land use fees when the State recognizes the residential land use rights of households and individuals for the area within the quota; permitting the change of land use purpose from agricultural land, non-agricultural land that is not residential land to residential land for the area within the quota of residential land allocation to households and individuals;

- Calculate land use tax;

- Calculate income tax from land use right transfer; (New rules added)

- Calculate additional land use levy for cases of delay in putting land into use or not putting land into use; (New rules added)

- Calculate fees and charges in land management and use;

- Calculate fines for administrative violations in the field of land;

- Calculate compensation to the State when causing damage in the management and use of land;

- Calculate the value of land use rights to pay to the person who voluntarily returns the land to the State in case the returned land is land allocated by the State with the collection of land use levy, recognition of land use rights with collection of land use levy, leased land with one-off rental payment for the entire lease period;

- Calculate the starting price for the cases of auctioning land use rights to allocate or lease land to households and individuals. (New rules added)

2. 06 cases of applying specific land prices in Vietnam

Clause 2, Article 131 of the Draft Land Law (amended) adds specific cases of land price application compared to Clause 4, Article 113 of the Vietnam's Land Law 2013 as follows:

- Calculate land use levy when:

The State recognizes households' and individuals' land use rights for excess residential land area.

+ Permit the change of land use purpose from agricultural land, non-agricultural land which is not residential land to residential land for the area exceeding the quota of residential land allocation to households and individuals.

+ Calculate land rent for agricultural land in excess of the land allocation limit or the limit for receiving the transfer of agricultural land use rights of households and individuals;

- Calculate land use levy when:

+ The State allocates land with the collection of a land use levy, not through the auction of land use rights or bidding for projects using land;

+ Recognition of land use rights and permission to change land use purposes for organizations that must pay land use fees;

- Calculate land rent in case the State leases land without auctioning land use rights or bidding for projects using land;

- Calculate the value of land use rights upon equitization of a state-owned enterprise in which the joint-stock enterprise uses land in the case that the State allocates land with the collection of a land use levy or leases land with a one-off rental payment for the entire period. rental period;

Calculate land rent in the event that the state leases an equitized state-owned enterprise with an annual land rental payment;

- Calculate compensation when the State recovers land;

Additional cases:

- Calculate land use levy and land rent when:

+ Extend the land use term; modify detailed construction planning that affects the land use coefficient.

+ Permit to change the form of land use;

+ Determining the starting price for auctioning land use rights for the land auction plan applicable to the organization participating in the auction;

+ Determining the starting price for bidding for land use projects.

See more at the Draft Land Law (amended).

Nhu Mai

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