New: Exemption, Reduction Of Land Use Fees In The Case Of Auction

The Government has just issued Decree 135/135 / ND-CP amending and supplementing a number of articles of the decrees regulating the collection of land use levy, land rent, water surface rent, effective from November 15th.

Accordingly, the Government supplements the regulation that land use levies should not be applied in the case of auction of land use rights for allocation of land with a collection of land use fees in cases the winners are exempted, reducted of land use fees.

The exemption and reduction of land use levies upon the allocation of land to subjects subject to the housing improvement policy shall be implemented in accordance with relevant policies and not through the auction of land use rights.

Not to apply land use levy exemption or reduction in case of auction of land use right for land allocation with collection of land use levy in cases where the auction winners are entitled to land use levy exemption or reduction

In cases where the land is allocated by the State but land is not put to use or the land use rate is slower than that stated in the investment project, the land user shall have to pay to the State the amount corresponding to the land use levy land, as follows:

– In cases where the land use duration is extended in accordance with Point I, Clause 1, Article 64 of the Land Law of 2013, the amount corresponding to the payable land use levy for the delayed time shall be equal to annual rent.

– In case of extension of the duration of land use or extension of land use duration but do not carry out the procedures for extension or extension of the extended duration, and the State has not yet issued a decision on land recovery in accordance with the provisions of law, it shall pay to the State the amount corresponding to the land use levy calculated as equal to the annual land rent for the period of Land was allocated to the time of issuance of decision on land recovery.

Not to apply land use levy exemption or reduction in case of auction of land use right for land allocation with collection of land use levy in cases where the auction winners are entitled to land use levy exemption or reduction

In addition, economic organizations, households and individuals that are assigned land by the State with the collection of land use fees through the auction of land use rights, the payable land use levies shall be the winnings.

In case of not being eligible for extension of the duration of land use or being eligible for extension of the duration of land use

The determination of the starting price is as follows: Starting price for auction of land use right in case of auction of land use right, the area for calculation of land use levy of land lot or auctioned land area (based on the land price in the land price list) of VND 30 billion or more for centrally-run cities; VND 10 billion or more for mountainous and highland provinces; VND 20 billion or more for the other province is the specific price determined by the Department of Natural Resources and Environment, transferred to the Council of land price appraisal by the Department of Finance as the Standing Council evaluates and submits to the People’s Committee province approval.

The reserve price for auction of land use rights in case of auction of land use rights for which the area for calculation of land use levy of the parcel of land or auctioned land is valid (calculated according to the land price in the land price table) under VND 30 billion for centrally-run cities; under VND 10 billion for mountainous and highland provinces; Under VND 20 billion for the remaining province, the specific land price shall be determined by the financial agency according to the land price adjustment coefficient.

The determination of the reserve price of the land use right associated with state-owned assets shall comply with the law on management and use of state property.

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