The Ministry of Finance has recently published a summary of opinions, feedback, and responses to social criticism regarding the draft decree amending and supplementing several articles of Decree No. 103/2024 on land use fees and Decree No. 104/2024 on the land development fund. The summary reveals that many of the contributions pertain to regulations concerning supplementary land use fees and land rent.
According to the Law on Land, the supplementary amount that land users are required to pay for the period during which land use fees were not calculated is determined at a rate of 5.4%/year, calculated on the amount of land use fees payable.
Organizations and businesses, including the Embassy of the Republic of Korea, the Korea Trade Association in Vietnam, Vingroup Joint Stock Company, Global Real Estate Investment Joint Stock Company, and several other enterprises and the Vietnam Real Estate Association, have proposed the exemption or reduction of this supplementary land fee.
Many businesses and organizations have proposed the exemption or reduction of the 5.4%/year supplementary land fee to alleviate difficulties. Photo: Hoang Ha |
These entities also provided suggestions regarding the timing of the supplementary fee payment as stipulated in Clause 2, Article 257 of the 2024 Land Law, Clause 2, Article 50, and Clause 9, Article 51 of Decree No. 103/2024/NĐ-CP.
The Ministry of Finance shared that the draft has been amended to provide clearer regulations on the timing of supplementary fee payments. However, other related suggestions will be synthesized and reported in the Government’s presentation.
Meanwhile, the former Hai Duong Department of Finance proposed that for cases where the land price plan has been submitted to the Provincial People’s Committee, the supplementary fee for the period during which land use fees were not calculated should be waived. However, the Ministry of Finance clarified that according to Clause 2, Article 257 of the Land Law, if the land price has not been decided, the supplementary fee must be paid, even if the plan has been submitted but not yet approved.
The Department continued to recommend considering reducing the rate to 5.4%/year to support and alleviate difficulties for investors implementing residential area and urban area projects. At the same time, they proposed that the supplementary fee calculation period should be considered from the time of the land allocation decision to the time of the land price approval decision.
In response to these suggestions, the Ministry of Finance stated that the 5.4% rate in Decree 103 was agreed upon by the majority of Government members during the decree’s formulation and is based on practical grounds. The period for calculating the supplementary fee must be stipulated according to the time point of calculation stipulated by the law of each period, suitable for each case of land use as per the draft decree.
On the other hand, the Supreme People’s Procuracy opined that the draft presentation to the Government should include local data to substantiate the argument for maintaining the 5.4% supplementary fee rate. The Ministry of Finance has taken this feedback into account and improved the draft accordingly.
Nguyen Le
– 08:27 27/08/2025
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