Latest regulations on grounds on land levy and land rent calculation in Vietnam

Latest regulations on grounds on land levy and land rent calculation in Vietnam (Image from Internet)

1. Latest regulations on grounds on land levy and land rent calculation in Vietnam

The grounds on land levy and land rent calculation in Vietnam according to Clause 1 and Clause 2 Article 155 of the Land Law 2024 are as follows:

- The grounds for calculating land levy include:

+ The area of land allocated, converted for use, recognized for land use rights;

+ Land price as stipulated in Article 159 and Article 160 of the Land Law 2024; in cases of auctioning land use rights, the price is the auction-winning price;

+ State policies on exemption and reduction of land levy.

- The grounds for calculating land rent include:

+ The area of land leased;

+ Land lease term, extended land use term;

+ Unit price for land rent; in cases of auctioning land lease rights, the rent price is the auction-winning price;

+ Form of State renting land with annual land rent payment, or renting land with land rent payment for the entire lease period at once;

+ State policies on exemption and reduction of land rent.

2. Time of land valuation, time of calculating land levy, land rent in Vietnam

The time of land valuation, time of calculating land levy, land rent are stipulated in Clause 3 Article 155 of the Land Law 2024 as follows:

- For cases where the State allocates land, leases land, permits land use conversion, extends land use, adjusts land use term, changes land use form, it is the time the State issues the decision to allocate, lease land, permit land use conversion, extend land use, adjust the use term, change the use form, except for provisions under Clause 7 Article 124 of the Land Law 2024;

- For cases of recognizing land use rights, it is the time when the land user, owner of attached assets, or representative submits a complete valid dossier according to legal regulations;

- For cases where a competent state agency adjusts a decision on land allocation or lease that affects land area, land use purpose, use term, it is the time the competent state agency adjusts the decision on allocation or lease;

- For cases where a competent state agency decides to adjust detailed planning under construction law resulting in a need to reassess land price, it is the time the competent state agency decides to adjust the detailed plan.

3. Regulations on payment of land levy, land rent upon land repurposing in Vietnam

According to Article 156 of the Land Law 2024, regulations on the payment of land levy, land rent upon land repurposing, extending land use term, or adjusting the use term are as follows:

- Upon land repurposing specified at points b, c, d, dd, e, and g Clause 1 Article 121 of the Land Law 2024, the land user must pay land levy, land rent as prescribed:

+ Pay land levy, land rent for the entire lease period at once with the difference between the levy/rent for the type of land post-conversion and pre-conversion for the remaining use time;

+ Pay annual land rent according to the type of land after conversion.

- When granted an extension of land use, or adjusting the use time where the user is subject to land levy, land rent, they must pay for the extended or adjusted period.

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