On November 15, the Ministry of Finance issued Circular No. 301/2016 / TT-BTC guiding the registration fee, applicable from January 1, 2017. Some new content compared to the past as follows:
- Regarding the subject of registration fee (Article 2) and the registration fee rate (Article 4), there is no change compared with the previous time.
- Circular No. 301/2016 / TT-BTC guiding the declaration, collection, remittance and management of registration fee (Article 6), replacing Clause 1, Article 19 of Circular No. 156/2016 / TT-BTC dated 06/11/2013 of the Ministry of Finance on tax administration:
Dossiers of declaration of registration fees for houses and land shall be submitted to the agencies receiving dossiers of registration and issue of land use right certificates and house and land-attached asset ownership certificates; For other assets, submit to the District Tax Office where the ownership right or use right is registered (where permanent residence is registered for individuals and the place where the office is located). Electronic tax declaration dossiers submitted through the General Department of Taxation’s electronic information portal.
- Regarding registration fee calculation prices, there are some changes compared to the previous ones as follows:
– The price for calculation of registration fee for land is the land price stated in the Land Price List promulgated by the provincial People’s Committee according to the provisions of the land legislation at the time of declaration of the registration fee (Clause 1, Article 3).
– The price for registration fee calculation for houses is the price promulgated by the provincial People’s Committee according to the law on construction at the time of declaration of the registration fee (Clause 2, Article 3).
Read more: Vietnam Real Estate Law
In cases where the house or land price in the land use right transfer contract or the house sale and purchase contract is higher than the price promulgated by the provincial People’s Committee, the registration fee calculation price of the house or land shall be the price stated in the land use right transfer contract , home sales contract; In cases where the house or land price in the land use right transfer contract or the house sale and purchase contract is lower than the price set by the provincial People’s Committee, the registration fee calculation price for houses and land is the price promulgated by the provincial People’s Committee at the time Declaration of registration fee (Clause 1, Clause 2, Article 3 – Previously, the contract price is higher or lower than the price specified by PPC).
– The price for registration fee calculation for other assets is the actual transfer price on the market, based on the lawful sale invoice, which is the total payment price of the property, including related taxes and charges. Asset transfer sale. For assets of organizations or individuals that do not conduct business when transferring property to other organizations or individuals, the actual transfer prices shall be based on the notarized sale decisions or sales contracts. The authentication in accordance with the law on notarization and authentication (Point a, Clause 3, Article 3).
– The price for calculation of registration fee for automobiles, motorbikes and bins, frame components, complete units … calculated according to the price list enclosed with the Finance Ministry’s Circular No. 304/2016 / TT-BTC of November 15, (Point b, Clause 3, Article 3).
- Regarding the percentage (%) of residual quality of used assets, the time used shall be calculated from the year of production to the year of registration fee declaration (Point d.2, Item 3, Article 3):
– New Assets: 100%.
– Time spent in 1 year: 90%
– Time is over from 1 to 3 years: 70%
– Time is over 3 to 6 years: 50%
– Time used from over 6 to 10 years: 30%
– Time has used more than 10 years: 20%
- Regarding the registration fee exemption, some additional cases are added:
– Land leased by the State for use for public purposes, mineral exploitation, scientific research, infrastructure construction, houses for transfer, agroforestry production, aquaculture ( Clause 3, Clause 4, Article 5, previously exempted only from the allocated land).
– The property of an organization or individual that has been granted a certificate of ownership and use must re-register its ownership and use rights as it is lost, torn, smeared, smeared or damaged. Authorized agencies shall re-grant certificates of ownership or use right to organizations and individuals upon request. (Point d, Clause 16, Article 5).
– Ships, boats without motor, full tonnage up to 15 tons; Ships and motorized vessels of a main engine capacity of up to 15 horse power; Ships and boats capable of carrying up to 12 persons; To add ships, high-speed passenger boats and ship and container transport ships (Clause 2.7, Article 5).
– Public transport means by bus using clean energy (Clause 31 of Article 5).
The circular takes effect from 01/01/2017; In replacement of Clause 1 of Article 19 of Circular No. 156/2011 / TT-BTC dated November 06, 2013 and replace the Ministry of Finance’s Circular guiding the registration fee: Circular No. 124/2011 / TT-BTC On 28/8/2011, Circular No. 140/2015 / TT-BTC dated 28/3/2013, Circular No. 140/2013 / TT-BTC dated 14/10/2013, Circular No. 140/2015 / TT- BTC dated 03/9/2015 and Circular No. 75/2016 / TT-BTC dated 24/5/2016.
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