Hello Lawyer. I plan to lease agricultural land from the state to do farming. However, I do not know how to calculate the 50-year agricultural land rental price in Vietnam? Because my understanding of the law is still not high, I really need the help and support of a lawyer, I hope the lawyer will provide me with information about the law on this issue. We look forward to hearing from you as soon as possible. I sincerely thank.
Thank you for trusting and sending questions to our Lawyer X. Below is the article How much is the rental price of agricultural land for 50 years in Vietnam? We invite you to read along.
Legal grounds
Land Law 2013
Decree No. 43/2014/ND-CP
What is 50-year farmland?
According to Article 126 of the 2013 Land Law, 50-year land includes land areas used for the following purposes:
As agricultural land for individuals and households directly engaged in agricultural production. At the end of the 50-year land use term, households and individuals directly engaged in agricultural production may continue to use the land if they have a need.
Land used for agricultural, forestry, aquaculture, and salt production purposes.
Land used for commercial purposes, services, non-agricultural production bases, implementation of economic investment projects for overseas Vietnamese or foreign-invested enterprises.
Time limit for land allocation or land lease for organizations to use for purposes of agricultural production, forestry, aquaculture, salt making
Organizations, households and individuals to use for commercial and service purposes or as non-agricultural production bases
Organization to carry out investment projects
Overseas Vietnamese and foreign-invested enterprises to implement investment projects in Vietnam may consider and decide on the basis of investment projects or applications for land allocation or lease but not more than 50 years.
What is the land rental price?
Land rental price is the amount that the individual; organizations that are leased land by the State with the collection of land use levies must pay them to the country as prescribed in the land allocation decisions or land lease contracts.
Currently, the state regulations can lease land to land tenants with a one-time payment for the entire lease period or with annual payments.
How much is the 50-year agricultural land rental price?
The method of calculating land rent is determined differently in the two cases of land lease and is specified in Article 12 of Decree 43/2014/ND-CP as follows:
In case of land lease with annual land rental payment
Land rent collected per year = area to be paid land rent multiplied (x) by the land rental unit price (each type of land has its own set of rental land prices).
In case of land lease, one-time payment of land rental for the entire lease period
One-time collection of land rent for the whole lease period = the area of land for which rent is payable multiplied (x) by the land rental unit price with one-off rental payment for the entire lease period.
The rent for land with water surface is collected once for the whole lease period = the area of land with water surface to be paid for rent multiplied by (x) the unit price of land with water surface collected once for the whole lease period.
Thus, the 50-year land rental is determined in two cases as follows:
In case of land lease with one-off payment for the entire lease period, the one-time rental amount = land unit price decided by the Provincial People’s Committee, specifically according to the type of land and the term of 50 years multiplied by (x) the leased land area.
In case of land lease with annual payment, the annual land rental payable = the land unit price decided by the Provincial People’s Committee multiplied by (x) the leased land area. This is the land rent for one year and if there is a change in the land unit price, the land rent for that year will also change.
Determine the annual land rental price
In case the annual land rent is not paid through auction (Clause 1, Article 3 of Circular 77/2014/TT-BTC): The annual land rental unit price = the rate (%) times (x) the calculated land price. collect land rent
In there:
The rate level (%) to calculate the land rental unit price shall be specified by the People’s Committee of the province or centrally run city (hereinafter referred to as the People’s Committee of the province) and shall be publicly announced during the process. implementation organization.
For the case of land lease with annual land rental payment not through auction, but the area for calculation and collection of land rent of the land plot or land plot has a value (calculated according to the land price in the Land Price List) from 30 billion VND. or more for cities directly under the Central Government; from 10 billion VND or more for mountainous and highland provinces; from 20 billion VND or more, for the remaining provinces, the land price for calculation and collection of land rent is the specific land price decided by the People’s Committee of the province.
For the case of land lease with annual land rental payment not through auction, but the area for calculation and collection of land rent of the land plot or land plot has a value (calculated according to the land price in the Land Price List) of less than VND 30 billion. for cities directly under the Central Government; less than 10 billion VND for mountainous and highland provinces; If less than 20 billion VND for the remaining provinces, the land price for calculating land rent is the land price calculated according to the purpose of using the leased land prescribed by the provincial People’s Committee in the Land price list multiplied by (x) by the coefficient land price adjustment.
The land price adjustment coefficient to determine the land price for calculation and collection of land rent shall be determined by the Department of Finance and submitted to the People’s Committee of the province for promulgation annually after consulting the Standing Committee of the People’s Council at the same level.
In case at several locations of land for project implementation in the same area, the road has a land use coefficient (construction density, height of the work) that is different from the general average of the area, the road then the People’s Committee of the province shall stipulate the land price adjustment coefficient higher or lower than the general average to calculate and collect land rent in these cases and specify in the Decision on the issuance of the adjustment coefficient. local land prices.
Determining the land rental unit price with one-time payment
In case of land lease with one-time payment for the entire lease period not through auction (Clause 2, Article 3 of Circular 77/2014/TT-BTC): The land rental unit price collected once for the entire lease period is the price. land is determined according to the land use term corresponding to the land lease period
In there:
For the case of land lease with one-time payment of land rent for the whole lease period, not through auction, but the area for calculation and collection of land rent of the land parcel or land plot is valuable (calculated according to the land price in the Land Price List). ) from 30 billion VND or more for cities directly under the Central Government; from 10 billion VND or more for mountainous and highland provinces; from 20 billion VND or more, for the remaining provinces, the land price for calculation and collection of land rent is the specific land price decided by the People’s Committee of the province.
For the case of land lease with one-time payment of land rent for the whole lease period, not through auction, but the area for calculation and collection of land rent of the land parcel or land plot is valuable (calculated according to the land price in the Land Price List). ) less than 30 billion VND for cities directly under the Central Government; less than 10 billion VND for mountainous and highland provinces; If the land price is less than VND 20 billion for the remaining provinces, the land price for calculating the one-time rental payment for the entire lease period is the land price of the land lease term prescribed by the provincial-level People’s Committee in the land price list multiplied by (x) with the land price adjustment coefficient as prescribed at Point d, Clause 1, Article 3 of Circular 77/2014/TT-BTC.
In case the land lease term is smaller than the term of the type of land specified in the Land Price List, the land price used to determine the land rental unit price is determined by the following formula: Land price of the land lease term = Land price in the price list land/Term of land type in the Land Price List x Land lease term.
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Please see more
Recognition of agricultural land use rights under Vietnam law
What are the levels of land use planning in Vietnam?
Agricultural land use regime according to Vietnam land law
Frequently asked questions
In case of natural disaster causing crop damage, agricultural land use tax is reduced or exempted for each tax payer household according to each production season as follows:
Damages from 10% to less than 20%, reduce the tax corresponding to the level of damage;
– Damages from 20% to less than 30%, 60% tax reduction;
– Damage from 30% to less than 40%, tax reduction 80%;
Damage from 40% or more, 100% tax exempt.
Land subject to agricultural land use tax is land used for agricultural production, including:
Farmyard;
Land with water surface for aquaculture;
Forest land.
Conclusion: So the above is Agricultural land rental price in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
