The Minister of Finance of Vietnam issued Decision 2589/QD-BTC on October 31, 2024, announcing new administrative procedures in the field of land management, and those abolished in the areas of land levy, land rent, and taxes within the scope of management functions of the Ministry of Finance of Vietnam.
Procedures for deducting compensation, support, and resettlement costs in Vietnam are stipulated as follows:
- Implementation sequence:
+ Step 1: The land user cooperates with the unit or organization responsible for compensation, support, and resettlement to prepare and submit the application for the deduction of compensation, support, and resettlement expenses along with the dossier determining financial obligations regarding land levy, land rent at the Land Registration Office or the agency with land management functions or the single-window department.
+ Step 2: The Land Registration Office or the agency with land management functions or the single-window department forwards the dossiers stipulated at point a, clause 2, Article 16 of Decree 103/2024/ND-CP to the District People's Committee.
+ Step 3: Based on the documents and dossiers specified at point b, clause 2, Article 16 of Decree 103/2024/ND-CP, the District People's Committee reviews and issues a written confirmation of the compensation, support, and resettlement amount deductible from land levy, land rent, which is sent to the tax agency to deduct the advance amount from land levy, land rent.
+ Mode of implementation: Submit dossiers directly, by postal service, or electronically if a digital signature is available.
- Composition and quantity of dossiers:
+ Dossier components: (clause 2, Article 16, clause 2, Article 31 of Decree 103/2024/ND-CP):
++ Document from the project executor requesting deduction of compensation, support, and resettlement expenses: 01 original copy;
++ Compensation, support, and resettlement plan approved by the competent state authority: 01 copy;
++ Payment transfer document from the project executor to the unit or organization performing compensation, support, and resettlement tasks: 01 copy;
++ Payment table for compensation, support, and resettlement expenses prepared by the unit or organization performing these tasks, including details of amounts disbursed, proof of disbursement, date of payment, and recipient: 01 original copy.
+ Quantity of dossiers: 01 set.
- Processing time: 30 days from the date of receiving a complete dossier.
- Applicable entities for administrative procedures: Land users and organizations performing compensation and land clearance tasks.
- Authority for administrative procedures: District People's Committee.
- Result of administrative procedures: Written confirmation of the amount of compensation, support, and resettlement deductible from land levy, land rent by the District People's Committee sent to the tax agency for deduction of the advance amount from land levy, land rent.
- Fees and charges: None.
- Requirements and conditions for administrative procedures:
The project executor voluntarily advances the compensation, support, and resettlement expenses according to the compensation, support, and resettlement plan approved by the competent authority.
- Legal basis of the administrative procedures: Decree 103/2024/ND-CP stipulating land levy, land rent.
More details can be found in Decision 2589/QD-BTC effective from October 31, 2024.
Address: | 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City |
Phone: | (028) 7302 2286 |
E-mail: | info@lawnet.vn |