Article 44 of the 2024 Land Law stipulates that “Land use fees are the amount that land users must pay to the State when they are allocated 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 according to the law.”
Accordingly, the land use fee is the amount that the land user has to pay to the State when they are allocated land by the State with a land use fee; are permitted by a competent state agency to change the purpose of the land use; or are recognized by the State for land use rights (granted a Red Book/Pink Book for land with an origin other than land allocated or leased by the State).
Regulations on the Deadline for Land Use Fee Payment
Based on Clause 3, Article 55 of the 2019 Law on Tax Administration and Decree No. 126/2020/ND-CP detailing the Law on Tax Administration, the deadline for land use fee payment is as follows:
Within 30 days from the date of issuance of the land use fee payment notification, the land user must pay 50% of the land use fee as notified.
Within 90 days from the date of issuance of the land use fee payment notification, the land user must pay the remaining 50% of the land use fee as notified.
Within 30 days from the date of issuance of the land use fee payment notification, the land user must pay 100% of the land use fee as notified if the amount of land use fee to be paid is determined after the 5-year period from the date of the decision on resettlement land allocation, and the household or individual has not yet paid the full amount of the outstanding land use fee.
Calculation of Late Payment Fees
Point b, Clause 2, Article 3 of the 2019 Law on Tax Administration stipulates that land use fees are one of the other amounts belonging to the state budget managed by the tax authority. Taxpayers or other payers are obliged to pay in full and on time according to the notification of the tax agency.
According to Point a, Clause 2, Article 59 of the 2019 Law on Tax Administration, in case of overdue payment, the people must pay late payment fees according to the following formula:
Late payment fee for 01 day = 0.03% x amount not yet paid
Total late payment = (0.03% x amount not yet paid) x number of days overdue
The Capital’s Allocation of 68,000 Square Meters for the Construction of the Dong Anh Bus Terminal
The Dong Anh Bus Station spans an impressive 54,000 square meters and boasts a capacity of 148 parking spaces. The centerpiece of this transportation hub is the 3-story operational control building, strategically located at the heart of the bus station. Additionally, a striking feature of the station is the pair of 12-story public service complexes that complement the main building, elevating the overall functionality and aesthetic appeal of this modern transportation facility.
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The Institute of Resource Economics and Environment has pointed out a discrepancy between Decision 79 by the Ho Chi Minh City People’s Committee and Document 10640 issued by the Ho Chi Minh City Tax Department. The institute believes that there is a lack of alignment in interpretation, implementation, and application between the two documents, ultimately putting citizens at a disadvantage.
Unlocking Land Access for Commercial Housing Development: Expanding Eligibility for Land Use Transfer
On the morning of November 13, Minister of Natural Resources and Environment Do Duc Duy presented to the National Assembly a proposal and a report on the pilot implementation of a resolution for commercial housing projects through agreements on the receipt of land use rights or the transfer of existing land use rights.
The New Math of Personal Income Tax on Land Use Transfer
The previous regulations dictated that taxable income from land-use rights transfers was determined by the transfer price of each instance. However, with the new Land Law 2024, the calculation has evolved.
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