Guidance on determining land value for calculating land levy in Vietnam from August 1, 2024

Guidance on determining land value for calculating land levy in Vietnam from August 1, 2024 (Image from the Internet)

Guidance on determining land value for calculating land levy in Vietnam from August 1, 2024

land levy are the amounts that land users must pay to the State when the State allocates land with land levy, permits land use change, or in cases where land levy must be paid according to the provisions of law.

In accordance with the regulations, the determination of land value for land levy calculation from August 1, 2024, will be carried out in Article 5 of Decree 103/2024/ND-CP as follows:

(i) The land value for land levy calculation is the land price in the Land Price Table applicable to the cases defined in points a, h, and k, clause 1, Article 159 of the Land Law 2024 including:

+ Land levy calculation when the State recognizes the residential land use rights for households or individuals; land use purpose conversion for households or individuals;

+ Land levy and land rent calculation when the State recognizes the land use rights in the form of land grant with land levy, land lease with payment of land rent once for the entire lease term for households or individuals;

+ Land levy calculation for cases where land is allocated without auctioning land use rights to households or individuals;

(ii) The land value for land levy calculation is the specific land price applicable to the cases defined in point a, point dd, clause 1, Article 160 of the Land Law 2024 determined according to regulations stipulated in the Government's Decree on land prices.

These cases include:

+ Land levy calculation for organizations when the State allocates land with land levy without auctioning land use rights, without bidding to select investors implementing projects using land, allocation of land with land levy to successful bidding investors or economic organizations established by successful bidding investors to implement projects using land, recognition of land use rights, or permission of land use purpose change subject to land levy;

+ Land levy and land rent calculation when extending land use period, adjusting land use term, adjusting detailed construction planning; allowing conversion of land use type;

(iii) The land value for land levy calculation is the auction winning price applicable in cases of land use rights auction.

(iv) The land value for land levy calculation provided for in (i), (ii), and (iii) is determined in units of VND/square meter (VND/m2).

Time of calculating land levy in Vietnam​ from August 1, 2024

The time of calculating land levy in Vietnam from August 1, 2024, is regulated as follows:

- For cases where the State allocates land, leases land, permits land use purpose change, extends land use period, adjusts land use term, or converts land use type, the time is when the State issues the decision to allocate land, lease land, permit land use purpose change, extend land use period, adjust land use term, or convert land use type, except for the cases regulated in clause 7, Article 124 of the Land Law 2024;

- For cases where land use rights are recognized, the time is when the land user, the owner of assets attached to the land, or their representative submits the complete and valid documents as prescribed by law;

- For cases where the competent state agency adjusts the decision on land allocation or land lease, which changes the land area, land use purpose, or land use term, the time is when the competent state agency adjusts the decision on land allocation or land lease;

- For cases where the competent state agency decides to adjust the detailed planning according to the construction law, which requires reassessment of land value, the time is when the competent state agency decides to adjust the detailed planning.

(Clause 3, Article 155 of the Land Law 2024)

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