Article Title: Understanding Land Use Fees in Vietnam: Exemptions and Cases for Red Book Application
Article 44, Section 3 of the 2024 Land Law clearly states that land use fees are the amount that land users must pay to the State when they are assigned land by the State with land use fees, allowed to change the purpose of land use, or in other cases where land use fees must be paid as prescribed by law.
Thus, land use fees are what people have to pay to the State when they are assigned land or allowed to change the purpose of land use by the State.
However, according to the 2024 Land Law, there are several cases where one does not have to pay land use fees when applying for a Red Book (land use right certificate).
Specifically, according to Clause 1, Article 137 of the 2024 Land Law, there are 13 cases where households and individuals who are stably using land and have one of the types of papers established before October 15, 1993, shall be granted a certificate of land use right and ownership of assets attached to the land (Red Book) and do not have to pay land use fees as follows:
Case 1: Papers on the right to land use issued by a competent authority in the process of implementing the land policy of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, and the Socialist Republic of Vietnam.
Case 2: One of the papers on land use rights issued by a competent authority of the former regime to the land user.
The 2024 Land Law stipulates many cases where a Red Book can be obtained without paying land use fees. Photo: Hong Khanh |
Case 3: Temporary land use right certificate issued by a competent state agency or listed in the land register, or cadastral book.
Case 4: Papers on the transfer of land use rights, sale and purchase of residential houses attached to residential land, which are now certified by the communal People’s Committee that the land was used before October 15, 1993.
Case 5: The household register, the book of field measurement established before December 18, 1980, containing the name of the land user.
Case 6: One of the papers established in the process of implementing the land registration under Directive 299/TTg dated November 10, 1980 of the Prime Minister on measurement, land classification and registration across the country, issued by a state management agency, containing the name of the land user.
Case 7: Papers on the declaration and registration of houses, confirmed by the People’s Committee or the People’s Committee at the district or provincial level, indicating the area of land with houses.
Case 8: Papers of the Defense Department on the allocation of land to officers and soldiers for building houses according to Directive 282/CT-QP dated July 11, 1991 of the Minister of Defense, provided that the land allocation complies with the approved planning for the use of land for housing of officers and soldiers in the approved defense land planning at the time of land allocation.
Case 9: Project or list or document on the relocation of people to build new economic zones, resettlement, approved by the district or provincial People’s Committee or competent authority, containing the name of the land user.
Case 10: Papers on the ownership of houses and other constructions; papers on the construction and repair of houses and other constructions, certified or permitted by the district or provincial People’s Committee or the state management agency for housing and construction.
Case 11: Temporary land allocation papers issued by the district or provincial People’s Committee; application for land use approved or agreed upon by the communal People’s Committee, the agricultural cooperative before July 1, 1980, or approved or agreed by the district or provincial People’s Committee.
Case 12: Papers of state agencies with competent authority on land allocation to agencies and organizations for allocation to officers and employees for building houses for living or constructing houses for allocation or granting to officers and employees with capital not from the state budget or by officers and employees’ contribution.
Case 13: Other papers on land use rights established before October 15, 1993, prescribed by the provincial People’s Committee suitable to the local reality.
In addition, the 2024 Land Law also stipulates other cases where no land use fees are paid when applying for a Red Book.
Clause 2, Article 137 of the 2024 Land Law states that households and individuals who are using land and have papers from state-owned agricultural and forestry enterprises on land allocation for building houses for living or for living in combination with agricultural and forestry production before July 1, 2004, shall be granted a certificate of land use right and ownership of assets attached to the land and do not have to pay land use fees.
Clause 3, Article 137 of the 2024 Land Law stipulates that households and individuals who are stably using land and have one of the following types of papers shall be granted a certificate of land use right and ownership of assets attached to the land and do not have to pay land use fees:
– Papers on legal inheritance or donation of land use rights or assets attached to the land; papers on the granting of charity houses, houses of affection, or solidarity houses attached to the land.
– Papers on liquidation, sale of houses attached to residential land; papers on the purchase of state-owned houses in accordance with the law.
Meanwhile, Clause 1, Article 138 of the 2024 Land Law states that households and individuals who used the land before December 18, 1980, and are now certified by the communal People’s Committee where the land is located that there is no dispute, shall be granted a certificate of land use right and ownership of assets attached to the land as follows:
For land plots with houses, houses, and constructions serving life purposes, if the area of the land plot is smaller than the land use limit prescribed in Clause 5, Article 141 of the 2024 Land Law, the area of residential land shall be determined as the entire area of that land plot and no land use fee shall be paid.
Clause 2, Article 138 of the 2024 Land Law stipulates that households and individuals who used the land from December 18, 1980, to before October 15, 1993, and are now certified by the communal People’s Committee where the land is located that there is no dispute, shall be granted a certificate of land use right and ownership of assets attached to the land as follows:
– For land plots with houses, houses, and constructions serving life purposes, if the area of the land plot is equal to or larger than the land use limit prescribed in Clause 5, Article 141 of the 2024 Land Law, the area of residential land shall be recognized as the land use limit and no land use fee shall be paid.
– For land plots with houses, houses, and constructions serving life purposes, if the area of the land plot is smaller than the land use limit prescribed in Clause 5, Article 141 of the 2024 Land Law, the area of residential land shall be determined as the entire area of that land plot and no land use fee shall be paid.
In addition, Clause 5, Article 138 of the 2024 Land Law stipulates that households and individuals who belong to the subjects of land allocation according to Clause 1, Article 118 of this Law, have used residential land and non-agricultural land before July 1, 2014, do not have the papers prescribed in Article 137 of this Law, have registered permanent residence in areas with difficult socio-economic conditions or extremely difficult socio-economic conditions, and are now certified by the communal People’s Committee where the land is located that there is no dispute, shall be granted a certificate of land use right and ownership of assets attached to the land and do not have to pay land use fees.
Hanh Nguyen
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