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Nghi Dinh 123 2017 ND CP Chinh Phu
Nghi Dinh 123 2017 ND CP Chinh Phu
DECREE
Amending and supplementing a number of articles of
the Decrees on collection of land use levy, land rental
and water surface rental1
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Pursuant to the November 25, 2014 Housing Law;
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Pursuant to the November 26, 2014 Law on Investment;
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At the proposal of the Minister of Finance;
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The Government promulgates the Decree amending and
supplementing a number of articles of the Decrees on collection of land
use levy, land rental and water surface rental.
Article 1. Scope of regulation
This Decree amends and supplements a number of articles of
Decree No. 45/2014/ND-CP of May 15, 2014, on collection of land use
levy, and Decree No. 46/2014/ND-CP of May 15, 2014, on collection of
land rental and water surface rental.
Article 2. To amend and supplement a number of articles of Decree
No. 45/2014/ND-CP of May 15, 2014, on collection of land use levy
1. To add the following Point d to Clause 3, Article 3:
“d/ The People’s Committee of a province or centrally run city
(below referred to as provincial-level People’s Committee) shall
promulgate the land price adjustment coefficient for application from
January 1 every year. Surveys to formulate the land price adjustment
coefficient shall be conducted from October 1 every year. Expenses
related to the formulation of the land price adjustment coefficient
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Công Báo Nos 833-834 (19/11/2017)
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land price in the land price table as suitable to the land use purpose of the
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project, the land price adjustment coefficient for land use levy
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calculation, and the percentage (%) used to calculate the unit rate of land
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rental applicable to land used for commercial or service purposes
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promulgated by the provincial-level People’s Committee.
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5. Order and procedures for determining the reserve price for
auction of land use rights for allocation of land with land use levy
a/ The order and procedures for determining the reserve price for
auction of land use rights in case the area subject to land use levy of the
land parcel or land plot is valued (according to the land price in the land
price table) at VND 30 billion or more for centrally run cities, VND 10
billion or more for mountainous and highland provinces, or VND 20
billion or more for other provinces, must comply with the Government’s
regulations on land prices and amendments and supplements thereto (if
any); the provincial-level Department of Natural Resources and
Environment shall determine specific land prices and submit them to the
local land price appraisal council with the provincial-level Department of
Finance acting as the standing body for appraisal and submission to the
provincial-level People’s Committee for approval.
b/ The order and procedures for determining the reserve price for
auction of land use rights in case the area subject to land use levy of the
land parcel or land plot is valued (according to the land price in the land
price table) at under VND 30 billion for centrally run cities, under VND
10 billion for mountainous and highland provinces, or under VND 20
billion for other provinces, are prescribed below:
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submit it to a competent state agency (provincial-level People’s
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Committee or decentralized or authorized state agency) for approval
under regulations.
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If the grounds for determining the reserve price are insufficient,
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within 5 working days after receiving the dossier, the finance agency
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shall send a written request for supplementation of the dossier to the
natural resources and environment agency. Within 10 days after
receiving a complete dossier, the finance agency shall complete the
determination of the reserve price.
- Pursuant to the competent state agency’s decision approving the
reserve price, the unit assigned to auction land use rights shall organize
an auction in accordance with law.
The order and procedures for re-determining the reserve price are
the same as those for initial determination of the reserve price.
c/ The order and procedures for determining the reserve price for
auction of use rights of land areas with state-owned assets built thereon
must comply with the law on management and use of public assets.”
3. To amend Clause 3 of, and add Clause 4 to, Article 5 as
follows:
“3. In case of changing non-agricultural production and business
land (other than residential land) which was originally residential land of
households or individuals to residential land for implementation of
investment projects on or after July 1, 2014, the payable land use levy
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payment for the entire lease term for non-agricultural production and
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business (commercial or service) land for a term of 70 years at the time
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the change is approved by a competent state agency.
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4. To amend Article 9 as follows:
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“Article 9. Collection of land use levy upon recognition of land use
rights (grant of certificates) for households and individuals for residential
land which was allocated ultra vires or in violation of the land law
between July 1, 2004, and before July 1, 2014, and for which the State
now considers permitting the grant of certificates
1. Households and individuals that use land which was regarded as
violating the land law under Article 22 of the Government’s Decree No.
43/2014/ND-CP of May 15, 2014, detailing a number of articles of the
Land Law (below referred to as Decree No. 43/2014/ND-CP) or land
that was allocated or leased ultra vires between July 1, 2004, and before
July 1, 2014, but now becomes conformable with the land use master
plan, shall, when being granted certificates by a competent state agency
under Clause 9, Article 210 of the Land Law, pay 100% of land use levy
calculated based on the land price specified at Point b or c, Clause 3,
Article 3 of this Decree at the time the competent state agency issues the
decision on recognition of their land use rights. If households and
individuals have papers proving their payment of money for the use of
such land under regulations, they will have the paid money amount
subtracted from the payable land use levy, with the subtracted amount
not exceeding the payable land use levy.
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a/ In case of transferring an investment project together with land
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use rights:
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- If the exempted or reduced land use levy is not included in the
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transfer price and the transferee continues implementing the project,
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he/she/it shall continue to be entitled to land use levy exemption or
reduction under the investment law for the remaining duration of the
project;
- If the transferee does not continue implementing the project,
he/she/it shall pay land use levy under regulations for the project after
the transfer. If the transferor has performed part of the land-related
financial obligation, the transferee may inherit such part.
b/ In case of transferring land use rights, the transferor shall fully
pay the exempted or reduced land use levy amount into the state budget,
which is calculated based on the land price applicable at the time of
transfer.”
6. To add the following Article 13a:
“Article 13a. Order and procedures for land use levy exemption or
reduction for social housing projects and cemetery infrastructure
investment projects
1. Within 20 days from the date a competent state agency issues a
land allocation decision under the land law, the land user shall submit a
dossier for land use levy exemption or reduction to the managing tax
agency or agency receiving dossiers for settlement of land-related
administrative procedures as defined in Decree No. 43/2014/ND-CP. If
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- A competent state agency’s decision on or written approval of
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investment in the project: 1 copy;
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- A competent state agency’s land allocation decision: 1 copy.
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b/ A dossier for land use levy exemption for a social housing
project invested under Clause 2, Article 53 of the 2014 Housing Law
must comprise:
- A written request for land use levy exemption (stating the
allocated land area and reason for exemption): 1 original;
- A competent state agency’s decision on or written approval of
investment in the project: 1 copy;
- A competent state agency’s land allocation decision: 1 copy;
- A list of the enterprise’s or cooperative’s employees eligible to
move in the social houses, certified by a competent state agency under
the housing law: 1 copy;
- The enterprise’s or cooperative’s commitment that the house
rental rate is not higher than the rental rate promulgated by the
provincial-level People’s Committee under the housing law, certified by
a competent state agency: 1 original.
c/ A dossier for land use levy exemption for a social housing
project invested under Clause 3, Article 53 of the 2014 Housing Law
must comprise:
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the applicant is granted an investment certificate, investment license,
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investment registration certificate or investment policy decision under
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the investment law): 1 copy;
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- The project approval decision under law: 1 copy;
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- A competent state agency’s land allocation decision: 1 copy.”
7. To amend Clause 5, Article 14 as follows:
“5. If there is any change in land use levy calculation bases, the tax
agency shall re-determine the payable land use levy and notify it to the
person concerned.
If the land user has fulfilled the financial obligation related to land
use levy and requests adjustment of the detailed construction plan under
which he/she/it has a new land-related financial obligation (if any),
he/she/it shall pay an additional land use levy into the state budget.
If the land user has not yet fulfilled the financial obligation related
to land use levy and requests adjustment of the detailed construction plan
under which he/she/it has a new land-related financial obligation (if any),
he/she/it shall:
- Fully pay the land use levy determined under the original detailed
construction plan and a late-payment interest as prescribed by law;
- Pay an additional land use levy being the difference between the
payable land use levy under the original construction plan and that under
the adjusted construction plan determined at the time when the
adjustment is approved (if any).”
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- The contract or paper on transferred land use rights as prescribed
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by law at the time of transfer: 1 copy;
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- The paper or invoice proving the payment to the state budget upon
land allocation or land lease by the State or the paper on land use rights
acquired from another organization, household or individual with regard
to the land area used for social housing construction: 1 copy.
b/ For a social housing project invested under Clause 2, Article 53
of the 2014 Housing Law, a dossier must comprise:
- A written request for refund or subtraction: 1 original;
- A competent state agency’s decision on or written approval of
investment in the project: 1 copy;
- A list of the enterprise’s or cooperative’s employees eligible to
move in the social houses, certified by a competent state agency under
the housing law: 1 copy;
- The contract or paper on transferred land use rights as prescribed
by law at the time of transfer: 1 copy;
- The paper or invoice proving the payment to the state budget upon
land allocation or land lease by the State or the paper on land use rights
acquired from another organization, household or individual with regard
to land areas used for social housing construction: 1 copy.
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Article 14b. Order and procedures for determination of payable
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land use levy when purchasers or rent-purchasers of social houses sell or
transfer such houses
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1. When a purchaser or rent-purchaser of a social house wishes to
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sell such house, he/she shall send a written request and dossier
prescribed in Clause 2 of this Article to the land registry.
2. A dossier for determination of payable land use levy upon sale of
a social house must comprise:
a/ A written request for determination of payable land use levy
upon house sale, made by the house purchaser or rent-purchaser: 1
original.
b/ The contract on house purchase and sale: 1 copy.
c/ The certificate of land use rights and ownership of houses and
land-attached assets under the land law (if any) or papers and dossiers on
the house purchase under the housing law: 1 copy.
3. The land registry shall make a slip of information transfer for
determination of land-related financial obligations and send it to the tax
agency directly managing the social-house purchaser or rent-purchaser,
enclosed with the dossier made by the social-house purchaser or rent-
purchaser under Clause 2 of this Article, for determination of payable
land use levy upon the house sale or transfer.
The slip of information transfer for determination of land-related
financial obligations of the social house purchaser or rent-purchaser shall
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A dossier for subtraction of advanced ground clearance
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compensation money must comprise:
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- The compensation and ground clearance plan approved by a
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competent state agency: 1 copy;
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- Documents on and list of payments made for ground clearance
compensation: 1 original.
3. In case an investment project is allocated land by the State not
through auction in different forms, including allocation with land use
levy, allocation without land use levy, and land lease, and the investor
voluntarily advances a money amount for ground clearance
compensation under the approved plan, the subtraction of advanced
ground clearance compensation money shall be based on each type of
land area, with the ground clearance compensation amount paid for the
land area used for public purposes equally distributed for corresponding
land areas.”
10. The Minister of Finance shall guide in detail this Article.
Article 3. To amend and supplement a number of articles of Decree
No. 46/2014/ND-CP of May 15, 2014, on collection of land rental and
water surface rental
1. To amend Point a, Clause 4, and Clauses 5 and 6, Article 4 as
follows:
“4. Specific land prices determined by the direct comparison,
subtraction, income-based and surplus-based methods prescribed in the
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cities, VND 10 billion or more for mountainous and highland provinces,
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or VND 20 billion or more for other provinces.
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5. Specific land prices determined by the land price adjustment
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coefficient method prescribed in the Government’s Decree on land prices
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shall be applied in the following cases:
w a/ Determination of the unit rate of land rental with annual rental
payment in case the leased land is used for commercial, service, real
estate business or mining purpose; determination of the unit rate of land
rental with one-off rental payment for the entire lease term not through
auction; determination of the unit rate of land rental in case of change
from annual rental payment to one-off rental payment for the entire lease
term under Clause 2, Article 172 of the Land Law; determination of the
unit rate of land rental upon transfer of assets attached to leased land
under Clause 3, Article 189 of the Land Law; and determination of the
unit rate of land rental with annual rental payment and the unit rate of
land rental with one-off rental payment for the entire lease period upon
equitization of state enterprises shall be applied in case the area used to
calculate land rental of the land parcel or land plot is valued (according
to the land price in the land price table) at under VND 30 billion for
centrally run cities, under VND 10 billion for mountainous and highland
provinces, or under VND 20 billion for other provinces.
b/ Determination of the unit rate of land rental with annual rental
payment for the subsequent stabilization period of such unit rate for the
land parcel or land plot leased by the State for commercial, service, real
estate business or mining purpose, which is valued (according to the land
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rental (including expenses for hiring consultancy organizations when
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necessary) shall be covered by the state budget under the law on the state
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budget. The selection of consultancy organizations to conduct surveys
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and formulate land price adjustment coefficients must comply with the
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bidding law.
If the provincial-level People’s Committee has not yet promulgated
the land price adjustment coefficient under regulations by the time of
determination or adjustment of the unit rate of land rental, the previous
year’s land price adjustment coefficient shall be applied to determine
payable land rental, and the provincial-level People’s Committee shall
take responsibility for any loss of state budget revenues due to its late
promulgation of the land price adjustment coefficient.”
6. Order and procedures for determination of reserve price for
auction of land use rights for lease of land or water surface
a/ The order and procedures for determination of the reserve price
for auction of land use rights in case the area of the land parcel or land
plot used to calculate land rental or water surface rental is valued
(according to the land price in the land price table) at VND 30 billion or
more for centrally run cities, VND 10 billion or more for mountainous
and highland provinces, or VND 20 billion or more for other provinces
must comply with the Government’s regulations on land prices and their
amendments and supplements (if any); the provincial-level Department
of Natural Resources and Environment shall determine specific land
prices and submit them to the local land price appraisal council with the
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the natural resources and environment agency: 1 original;
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+ The decision on auction of land use rights issued by a competent
state agency: 1 copy;
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+ The cadastral dossier (with information on the area, location, land
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use purpose, form of land lease, land or water surface lease term, etc.): 1
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copy.
- Within 10 days after receiving a dossier for determination of the
reserve price for auction of land use rights from the natural resources and
environment agency, the finance agency shall determine the reserve
price in accordance with regulations on collection of land rental and
water surface rental, and submit it to a competent state agency
(provincial-level People’s Committee or decentralized or authorized state
agency) for approval under regulations.
If lacking grounds for determining the reserve price, within 5
working days after receiving a dossier, the finance agency shall send a
written notice to the natural resources and environment agency for
supplementation of the dossier. Within 10 days after receiving a
complete dossier, the finance agency shall complete the determination of
the reserve price.
- Pursuant to the competent state agency’s decision approving the
reserve price, the unit assigned to auction land use rights shall organize
an auction in accordance with law.
The order and procedures for re-determining the reserve price are
the same as those for initial determination of the reserve price.
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subject to sea surface rental is the area allocated for oil and gas
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exploitation in accordance with law.
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b/ The unit rate used to calculate sea surface rental for oil and gas
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exploration activities is half of the unit rate used to calculate sea surface
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rental for oil and gas exploitation activities. Sea surface rental for oil and
gas exploration activities shall be collected in the exploration period
according to the area of sea surface under exploration.
c/ The time for water surface (sea surface) rental calculation shall
be counted from the time water surface is allocated for oil and gas
exploration and exploitation.”
3. To amend Clauses 5 and 6 of, and add Clauses 6a, 7a and 8a
to, Article 12 as follows:
“5. In case the land is used for both a purpose liable and a purpose
not liable to land rental, payable land rental shall be determined on the
basis of the land area used for each purpose.
In case the lessees of land from the State under the land law
currently use houses and land in construction works with combined use
purposes under state ownership or with areas under state management
and it is impossible to separate the land areas used by each lessee, the
land rental payable by each lessee shall be determined based on the ratio
of floor area used.
6. In case an investor that is leased land by the State with one-off
land rental payment for the entire lease term and has paid land rental in
accordance with law or acquires lawful land use rights then is required to
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table) at VND 30 billion or more for centrally run cities, VND 10 billion
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or more for mountainous and highland provinces, or VND 20 billion or
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more for other provinces, implements a construction investment project
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under the approved detailed construction plan on the leased land area
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(without changing the land use purpose) with a land use coefficient
(construction density, height of construction work) higher than the land
use coefficient under the plan before the project is implemented, the
provincial-level People’s Committee shall decide to increase the land
price adjustment coefficient for land rental calculation.
7a. When public non-business units that are allocated land by the
State without land use levy or are leased land with land rental exemption
for the entire lease term use part or the whole of the land area or part or
the whole of the houses and construction works for production, business,
service, lease, joint venture or cooperation under the law on management
and use of state property, they shall pay land rental as follows:
a/ If they use the whole area of land allocated or leased by the State
or land-attached assets for production, service provision, lease, joint
venture or cooperation, they shall pay land rental like economic
organizations that are leased land by the State for production and
business activities.
b/ If they use part of the land area or land-attached assets for
production, business, service, lease, joint venture or cooperation purpose,
they shall pay land rental determined on the basis of the land price in the
land price table, percentage (%) for calculation of the unit rate of land
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the competent state agency issues a land recovery decision under the
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land law. These organizations and individuals shall fully pay land rental
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(including late-payment interest, if any) calculated by the time they file a
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document expressing their wish to return land under the land law.”
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4. To amend Clause 2 of, and add Clause 3a to, Article 13 as
follows:
“2. For a person who is leased land by the State not through auction
and has voluntarily advanced a money amount for ground clearance
compensation under the approved plan, the advanced amount shall be
subtracted from the payable land rental under such plan, with the
subtracted amount not exceeding the payable land rental. The remaining
money amount (if any) for ground clearance compensation shall be
included in the project’s investment capital.
A dossier for subtraction of ground clearance compensation money
must comprise:
- The compensation and ground clearance plan approved by a
competent state agency: 1 copy;
- Documents and a list of payments for ground clearance
compensation: 1 original.
3a. In case of land recovery, compensation and ground clearance
and lease with annual land rental collection by the State under law but
lacking state budget funds for ground clearance compensation, the
provincial-level Department of Finance shall report such to the
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term to the date of issuance of such decision according to the unit rate
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determined on the basis of the land price in the land price table, land
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price adjustment coefficient, and percentage (%) for calculation of the
unit rate of land rental promulgated by the provincial-level People’s
Committee.”
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6. To amend Clause 7 of, and add Clauses 9 and 10 to, Article
18 as follows:
“7. In case competent state agencies detect that the land user is
ineligible for but still enjoyed land rental or water surface rental
exemption or reduction due to the land user’s fault or use of land for a
purpose not conforming to the land lease decision or land lease contract
but the land user is not subject to land recovery under the land law or is
subject to land recovery under Point i, Clause 1, Article 64 of the Land
Law, the land user shall refund to the state budget the exempted or
reduced land rental. The refund of the exempted or reduced land rental is
prescribed below:
a/ The to-be-refunded land rental shall be determined on the basis
of the land price in the land price table, land price adjustment coefficient,
and percentage (%) for calculation of the unit rate of land rental
promulgated by the provincial-level People’s Committee at the time of
issuance of the land rental exemption or reduction decision plus a late-
payment interest on the to-be-refunded amount under the law on tax
administration applicable in each period. The land user is not required to
refund the exempted or reduced amount being geographical area-based
investment incentives.
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to enjoy incentives), he/she shall pay a one-off land rental for the
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remaining land lease period according to the land policy and land price
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applicable at the time he/she files a document expressing his/her wish to
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pay land rental. Then, the land user will have land-related rights in the
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remaining land lease period as in the case of land rental payment.
10. In case the current land lessee is not entitled to land rental
exemption or reduction, or is entitled to land rental exemption or
reduction but the exemption or reduction period has expired when a
competent state agency approves the change of the land use purpose for
implementing an investment project eligible for land rental exemption or
reduction and the lease term of the land after the use purpose change is
50 years or more counting from the time of issuance of the decision on
land use purpose change, he/she shall be entitled to land rental
exemption and/or reduction under regulations.”
7. To amend Article 21 as follows:
“Article 21. Order and procedures for land rental and water surface
rental exemption or reduction
1. The land lessee shall submit a dossier for land rental exemption
or reduction to the managing tax agency or agency receiving dossiers for
settlement of land-related administrative procedures as defined in Decree
No. 43/2014/ND-CP. If the dossier is submitted to the agency receiving
dossiers for settlement of land-related administrative procedures, it shall
be transferred to the tax agency under regulations on the order and
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- A written request for land rental exemption (specifying the leased
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land area and land lease term; reason for exemption and exemption
period): 1 original;
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- The investment certificate, investment license, investment
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registration certificate or investment policy decision (unless the applicant
is exempted from such certificate, license or decision under the
investment law): 1 copy;
- The investment project approved under the investment law (unless
the applicant is granted the investment certificate, investment license,
investment registration certificate or investment policy decision under
the investment law): 1 copy;
- The project approval decision: 1 copy;
- The land lease decision issued by a competent state agency: 1
copy.
b/ A dossier for land rental exemption or reduction under the
investment law must comprise:
- A written request for land rental exemption or reduction
(specifying the leased land area and land lease term; reason for
exemption or reduction and exemption or reduction period): 1 original;
- The investment certificate, investment license, investment
registration certificate or investment policy decision (unless the applicant
is exempted from such certificate, license or decision under the
investment law or the applicant is allocated land by the State without
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Article 3 of Decree No. 135/2016/ND-CP) must comprise
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- A written request for land rental exemption or reduction
(specifying the leased land area and land lease term; reason for
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exemption or reduction and exemption or reduction period): 1 original;
- The land lease decision issued by a competent state agency: 1
copy;
- Papers proving the applicant’s eligibility for land rental exemption
or reduction: 1 copy.
d/ A dossier for land rental exemption in the operation suspension
period in force majeure events prescribed in Clause 1, Article 47 of the
2014 Law on Investment must comprise
- A written request for land rental exemption in the operation
suspension period: 1 original;
- The investment registration agency’s written certification of the
operation suspension period of the project or a competent state agency’s
written certification: 1 original;
- The land lease decision issued by a competent state agency: 1
copy.
dd/ A dossier for land rental exemption or reduction in case the
owner implements a project to build houses for lease to workers on the
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(specifying the land area for construction of laboratories; land area for
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construction of technology incubators and science and technology
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enterprise incubators, land area for construction of experimentation
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facilities, and land area for construction of trial production facilities): 1
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original;
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- The certificate of the hi-tech enterprise, science and technology
enterprise or science and technology organization: 1 copy;
- The land lease decision issued by a competent state agency: 1
copy.
4. The time limit for the land lessee to submit a dossier for land
rental exemption or reduction is specified below:
a/ In case of request for land rental exemption or reduction during
the capital construction period under the investment law (except the
cases specified at Points c and d, Clause 2, Article 15 of the Law on
Investment): 20 days from the date a competent state agency signs the
land lease decision.
b/ In case of request for land rental exemption or reduction
prescribed at Points a, b, c and d, Clause 1, Article 18 of Decree No.
46/2014/ND-CP (which is amended and supplemented under Clause 5,
Article 3 of Decree No. 135/2016/ND-CP): 30 days from the time the
land lessee shifts to rent land or the time he/she/it starts enjoying land
rental exemption or reduction under the land law or another time
prescribed by the Government or Prime Minister.
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dossier for land rental exemption during operation suspension period
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under Clause 1, Article 47 of the Law on Investment. The tax agency
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shall coordinate with the investment registration agency and other
agencies (when necessary) in conducting field inspections and
determining the operation suspension period and issue a land rental
exemption decision under regulations.
dd/ Twenty days from the date of receipt of a complete and valid
dossier for land rental exemption in case the owner of the project to build
houses for workers rents land in an industrial park or industrial complex
from the enterprise operating the industrial park or complex
infrastructure under the approved master plan.
6. Determination of the capital construction period eligible for land
rental exemption
a/ Based on the dossier for land rental exemption or reduction, the
tax agency shall coordinate with related agencies in determining the
capital construction period and issue a land rental exemption decision for
each investment project for 3 years at most from the date of issuance of
the land lease decision.
In case the investment certificate, investment license, investment
registration certificate or investment policy decision granted for the first
time by a competent authority under law specifies the capital
construction period (project implementation schedule), the tax agency
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exemption or reduction, the land price for land rental calculation has
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been determined by a competent state agency under law, the exemptible
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or reducible land rental amount shall be determined based on such land
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price.
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- If, by the time of submission of a dossier for land rental
exemption or reduction, a competent state agency has not yet determined
the land price for land rental calculation under regulations, the
exemptible or reducible land rental amount shall be determined based on
the land price in the land price table, land price adjustment coefficient,
and percentage (%) for calculation of the unit rate of land rental
promulgated by the provincial-level People’s Committee.
- In case the land lessee is entitled to 50% reduction of land rental
for the entire lease term or for a certain number of years, the reducible
land rental amount to be stated in the land rental reduction decision is the
amount determined in the stabilization period of the unit rate of land
rental at the time of issuance of this decision and shall be adjusted when
the unit rate of land rental is changed under regulations.
b/ In case of land lease with one-off land rental payment for the
entire lease term:
- If the land lessee is entitled to the whole land rental for the entire
lease term, the exemptible land rental amount to be stated in the land
rental exemption decision shall be determined under Point a of this
Clause.
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- If the land price for land rental calculation is determined
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according to the direct comparison, income-based, subtraction or
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surplus-based method and the land lessee is entitled to land rental for a
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certain number of years but, by the time he/she submits a dossier for land
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rental exemption, the competent state agency has not yet determined the
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land price for land rental calculation under regulations, the tax agency
shall transfer information on land rental exemption period to the natural
resources and environment agency for determination of the land price for
one-off land rental calculation corresponding to the period subject to
land rental. The exemptible land rental to be stated in the land rental
exemption decision shall be determined as follows:
Land price in the land Number of years
price table (x) Land eligible for land
price adjustment rental exemption Land area
Exemptible
coefficient (including used for
land rental = x x
exemption during land rental
amount
Period subject to land the capital calculation
rental construction
period)
The period subject to land rental is the land lease period minus (-)
the period of land rental exemption (including exemption during the
capital construction period).
- If the land lessee is exempted from land rental for a certain
number of years but, by the time he/she submits a dossier for land rental
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For the first installment, at least 50% of the rental amount shall be paid
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before May 31; for the second installment, the remainder shall be paid
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before October 31 every year. If the period of determination of the
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obligation to pay land rental or water surface rental in the first year is
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counted from October 31 through December 31 of a year, the tax agency
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shall issue a notice of payment of land rental or water surface rental for
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the remaining period of the year and the time limit for rental payment for
the first year is 30 days from the date such notice is signed. Past the time
limit for payment of land rental or water surface rental for each payment
period stated in the tax agency’s notice, the lessee shall pay a late-
payment interest on the unpaid rental amount at the rate prescribed by
the law on tax administration.”
“5a. In case the lessee is leased land or water surface by the State
before July 15, 2014, and is liable to retrospectively pay land rental or
water surface rental for the land use period
a/ Within 30 days from the date the tax agency signs the notice of
retrospective collection of land rental or water surface rental, the lessee
shall pay 50% of land rental as notified.
b/ Within the next 60 days, the lessee shall pay the remaining 50%
of land rental or water surface rental as notified.
c/ Past the time limits specified at Points a and b of this Clause, if
the lessee has not fully paid land rental notified by the tax agency,
he/she/it shall pay a late-payment interest on the unpaid rental amount at
the rate prescribed by the law on tax administration.”
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under regulations on equitization of state enterprises, the company is not
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required to pay the land rental amount retrospectively payable by the
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enterprise under Point b, Clause 4, Article 32 of Decree No.
the
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46/2014/ND-CP by the time the enterprise is officially transformed into
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joint-stock company.
w 6. In case of land lease by the State with annual land rental payment
and it is in the stabilization period of the unit rate of land rental, if the
provincial-level People’s Committee issues a decision to lower the
percentage (%) for calculation of the unit rate of land rental or land price
adjustment coefficient to remove difficulties for enterprises, the adjusted
percentage (%) or coefficient shall be applied from the effective date of
such decision and for the remaining time of the stabilization period of
the unit rate of land rental. Upon the expiration of this period, the unit
rate of land rental shall be adjusted according to the land policy and land
price applicable at the time of adjustment.
7. Handling of water surface (sea surface) rental for still effective
contracts on oil and gas exploration and exploitation which were signed
before July 1, 2017:
a/ For contracts under which the parties have agreed on payment of
sea surface rental, contractors shall pay rental under the signed contracts.
If the contracts state that Vietnam Oil and Gas Group (PVN) is
responsible for refunding to contractors the amounts paid from the
contractors’ accounts for tax amounts and other payable amounts
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2004, and were leased land by the State after this date, the land-related
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compensation amount under the approved plan or value of land use
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rights according to the purpose of lawfully transferred land as
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determined and approved by a competent state agency (in case investors
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reach agreement on compensation or acquire land on their own) at the
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time of agreement or acquisition (which is distributed for the remaining
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land lease period corresponding to the area subject to land rental not yet
accounted as production and business expense) may be subtracted from
the payable land rental, with such amount or value not exceeding the
payable land rental. The subtracted amount shall be converted into a
period during which annual land rental has been paid. The unit rate of
land rental used for conversion must comply with land policies and land
prices applicable from January 1, 2016.”
10. The Minister of Finance shall guide in detail in Article.
Article 4. Effect
1. This Decree takes effect on January 1, 2018.
2. To annul Article 7.9 of the model contract issued together with
the Government’s Decree No. 33/2013/ND-CP of April 22, 2013.
3. Ministers, heads of ministerial-level agencies, heads of
government-attached agencies, and chairpersons of provincial-level
People’s Committees shall implement this Decree.-
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V i e t nam
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