Land allocation without land use levy is understood as a case where the State allocates land without land user having to pay land use levy if it falls into one of the cases prescribed by law. So about the matter “Land allocation without land use fee under Vietnam law” Let’s find out with LSX in the article below.
What is land allocation?
According to the provisions of Clause 7, Article 3 of the 2013 Land Law, the State’s allocation of land use rights (hereinafter referred to as the State’s land allocation) means the State’s issuance of a decision on land allocation in order to grant land use rights to subjects with land use rights. land use needs. Land users are allocated land by the State, including land allocation with payment and without collection of land use levy.
The district-level People’s Committees or the provincial-level People’s Committees shall allocate land based on 02 bases under Article 52 of the 2013 Land Law as follows: The district’s annual land use plan has been approved by the state agency. approval authority or Land use demand shown in the investment project, land allocation application.
Land allocation without land use fee under Vietnam law
According to the provisions of Clause 7 Article 3 of the 2013 Land Law, the State issues a decision on land allocation in order to grant land use rights to those who wish to use land.
Pursuant to Article 52 of the 2013 Land Law, the State allocates land to subjects who have demand for land use depending on two factors:
– The annual land use plan of the district has been approved by the competent state agency; and
– Demand for land use expressed in investment projects, applications for land allocation.
According to Article 53 of the 2013 Land Law, the State’s decision to allocate land for the land currently in use to another person shall be made only after the competent state agency decides to recover the land in accordance with this Law. and must complete the compensation, support and resettlement according to the provisions of law in case of ground clearance.
According to Clause 21, Article 3 of the 2013 Land Law, land use levy is the amount of money that a land user must pay to the State when the State allocates land with collection of land use levy, permits the change of land use purpose, recognition of land use rights.
When the State decides to allocate land with collection of land use levy to an entity who has a need to use land, land use levy is one of the financial obligations that land users need to pay to the State when approved by the State. the land-allocating country, except for cases eligible for exemption, reduction or not having to pay land use levy as prescribed by law.
Cases in which the State allocates land without collecting land use fee
Pursuant to Article 54 of the 2013 Land Law, there are 05 cases where individuals, organizations and households are allocated land by the State without land use levy, including:
– Households and individuals directly engaged in agricultural, forestry, aquaculture or salt production are allocated agricultural land within the limit specified in Article 129 of the Land Law;
– Users of protection forest land, land of special-use forests, land of production forests that are natural forests, land for building offices of agencies, land used for defense and security purposes; land used for public purposes not for business purposes; land for use as cemeteries or graveyards is not eligible for land allocation for implementation of investment projects on infrastructure of cemeteries and graveyards for the transfer of land use rights associated with infrastructure.
– Non-financial public non-business organizations using land for construction of non-business works;
– Organize the use of land to build houses in service of resettlement according to the State’s projects;
– Communities using agricultural land; Religious establishments using non-agricultural land include: Land belonging to pagodas, churches, chapels, sanctuaries, sanctuaries, Buddhist recitation halls, monasteries, religious training schools, headquarters of religious organizations , other religious establishments permitted by the State to operate.
Grounds for land allocation without collection of use fees
According to Article 52 of the 2013 Land Law, the People’s Committees of districts and provinces allocate land based on the following two bases:
– The annual land use plan of the district has been approved by the competent state agency.
– Demand for land use expressed in investment projects, applications for land allocation.
When a land user in the above five cases has an application for land allocation, the People’s Committee of the district and the People’s Committee of the province shall consider and decide to allocate land to the above subjects.
According to Clause 1, Article 3 of Circular 33/2017/TT-BTNMT, when allocating agricultural land to households, individuals must certify that the household or individual is directly engaged in agricultural production, specifically:
– Basis for determining the household directly engaged in agricultural production: There is at least one member of the household who is not eligible for regular salary; Subjects who have retired, lost their working capacity or quit their jobs are entitled to social allowances.
– Bases for identifying individuals directly engaged in agricultural production: Not subject to regular salary; Subjects who have retired, lost their working capacity or quit their jobs are entitled to social allowances.
Cases of land use fee exemption
– Exemption from land use levy within the residential land allocation quota when using land to implement the policy on housing and residential land for people with meritorious services to the revolution who are eligible for exemption from land use levy in accordance with the law on land use levy. people with meritorious services; poor households, ethnic minority households in areas with extremely difficult socio-economic conditions, border areas and islands; use land for construction of social housing in accordance with the law on housing; housing for people displaced by natural disasters.
– Exemption from land use levy within the residential land allocation quota upon first issuance of the Certificate for land due to change of use purpose from non-residential land to residential land due to household separation for ethnic minority households, poor households in extremely difficult communes in ethnic minority areas and mountainous areas according to the list of communes with special difficulties prescribed by the Prime Minister.
– Exemption of land use levy for the allocated land area within the residential land allocation quota for households in fishing villages, people living on rivers and lagoons who move to settle in resettlement areas and points as planned. , plans and projects approved by competent authorities.
– Exemption of land use levy for the land area allocated within the residential land allocation quota for resettlement or for households and individuals in residential clusters and lines in flooded areas according to the approved project authority.
– The Prime Minister shall decide on the exemption of land use levy for other cases submitted by the Minister of Finance on the basis of the proposal of the Minister, the head of the ministerial-level agency, the agency attached to the Government, and the Chairman of the People’s Committee.
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Frequently asked questions
According to Article 109 of the Land Law, organizations that are allocated land by the State without collection of land use levy have no right to convert, transfer, donate or lease land use rights; mortgage, guarantee, contribute capital with land use rights.
Economic organizations that are allocated land by the State without collection of land use levies for the construction of works not funded by the state budget may sell their own properties attached to the land; mortgage, guarantee or contribute capital with assets under their ownership attached to land. Buyers of property are continuously allocated land by the State without collecting land use levy according to the defined purpose.
Under Land Law 2013, transfer of non-agricultural land allocated by the State without land use levy to non-agricultural land allocated by the State with land use levy or leased land;
Conclusion: So the above is Land allocation without land use fee under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
