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New decree on land use fees
The Government has issued Decree No 53/2011/ND-CP detailing and guiding the implementation of a number of articles of the Law on Non-Agricultural Land Use Tax on July 1.
The Decree stipulates the following will be taxed – residential land in rural and urban areas; non-agricultural production; and business land including land for the construction of industrial parks, land for the construction of production and business establishments, land for mineral exploitation and processing and land for the production of construction materials and pottery, as well as land that is not taxable but is used for commercial purposes.
Lands that will not attract tax include land used for public benefit, land used by religious institutions and land for construction of State organisation and non-business works, etc.
Taxable land area is that which is actually in use.
In the case where tax payers own more than one residential land lot in a province, the taxable land area will be the total of all taxable land lots. Regarding residential land used for apartment with several households, the taxable land area will be the allocation coefficient multiplied by the actually area used by those stated in the house purchase contract or land use rights certificate. The allocation coefficient will be counted according to the formulas provided in this Decree.
In addition, the price of one square metre of taxable land is the land price promulgated according to its use as stated by the people's committee at provincial level, which will remain unchanged for five years beginning on January 1, 2012.
This decree takes effect from January 1, 2012 and replaces Decree No 94-CP dated August 25, 1994.
Bizconsult Law Firm
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