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New decrees on land use fees
On December 3, the Government issued Decree No.120 to amend a number of articles of Decree No.198/2004/ND-CP on land use fees, under which households and individuals who are unable to pay fees at the time of issuance of the Land Use Right Certificate will be entitled to complete these obligations within a term of five years after the issuance. The land use fee will be debited to the Land Use Right Certificate at a land price computed at the time of issuance. In case the payment is made after the term, land users must pay land use fees in accordance with the price that is computed at the time of payment.
Decree 120 also added that organisations that have been allocated or leased land by the State before October 15, 1993 must pay 40 per cent of the fee promulgated by the Provincial People's Committee.
This Decree will come into force on March 1 of this year.
On December 30, the Government also issued Decree No.121/2010/ND-CP amending and supplementing a number of articles of Decree No.142/2005/ND-CP of November 14, 2005, on the collection of land and water surface rents.
The scope of regulation of the new Decree was extended to cases of leased land from the State for the construction of underground works for commercial purposes in accordance with the approved plan. In this case, land rent will not be more than 30 per cent of the rent rate of the grounds used for the same purpose.
Under the new regulations, the annual land rent unit will be equal to 1.5 per cent of the land price according to the purpose of the rented land, promulgated by the provincial-level People's Committees in accordance with the Government on the methods of determining land prices and price brackets.
For land in urban areas, commercial or service centers, traffic hubs, and densely populated areas that may yield special profits or be used for production, business and/or service activities, the provincial-level People's Committee presidents will decide based on the local situation to make decision if land rent rates higher than the set rates. However, these rates must not exceed twice the normal rate.
This decree took effect on January 3.
Lawyers of Bizconsult Law Firm
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