THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
53/2011/ND-CP
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Hanoi,
July 01, 2011
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DECREE
DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE LAW ON
NON-AGRICULTURAL LAND USE TAX
THE GOVERNMENT
Pursuant to the December 25.
2001 Law on Organization of the Government;
Pursuant to the June 17, 2010
Law on Non-Agricultural Land Use Tax;
At the proposal of the
Minister of Finance,
DECREES:
Chapter I
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Article 1.
Scope of regulation
This Decree details and guides a
number of articles of the Law on Non-Agricultural Land Use Tax.
Article 2.
Tax-liable objects
Objects liable to
non-agricultural land use tax are defined in Article 2 of the Law on
Non-Agricultural Land Use Tax, specifically as follows:
1. Residential land in rural and
urban areas.
2. Non-agricultural production
and business land specified in Clause 2. Article 2 of the Law on
Non-Agricultural Land Use Tax. including:
a/ Land for construction of
industrial parks, including industrial clusters, industrial parks.
export-processing zones and other production and business /ones, to which a
common land use regime is applied:
b/ Land for construction of
production and business establishments, including industrial production,
collage industry and handicraft businesses, service and trade establishments
and other facilities in support of production and business operations
(including also land for construction of production and business establishments
in hi-tech parks and economic zones):
c/ Land for mineral mining and
land used as mineral processing sites, except cases in which mineral mining
activities do not affect the top soil layer or the land surface;
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3. Non-agricultural land defined
in Article 3 of this Decree which is used by organizations, households or
individuals for commercial purposes.
Article 3.
Objects not liable to tax
Non-agricultural land used for
noncommercial purposes specified in Article 3 of the Law on Non-Agricultural
Land Use Tax are not liable lo tax, specifically:
1. Land used for public
purposes, including:
a/ Traffic and irrigation land,
including land for construction of roads, bridges, sluices. pavements,
railways, airport and airfield infrastructure, including also land planned for
construction of airports or airfields under phased investment projects which
have been approved but not yet implemented, land for construction of water
supply systems (excluding water plants), water drainage systems, irrigation
work systems, dikes and dams, and land within traffic and irrigation safety
corridors;
b/ Land for construction of
public cultural. healthcare, education and training, physical training and
sport facilities, including crèches, schools, hospitals, marketplaces, parks,
flower gardens, children's recreation centers, squares, cultural works,
post-cultural spots of communes, wards and townships, monuments, commemorative
stelae, museums, functional rehabilitation institutions for persons with
disabilities, vocational training schools, drug detoxification institutions,
reformatories. dignity restoration camps and nursing homes for elderly persons
and disadvantaged children;
c/ Land with historical and
cultural relics or scenic places which have been ranked or placed under
protection under decisions of People's Committees of provinces and centrally
run cities (below referred to as provincial-level People's Committees);
d/ Land for construction of
other public works, including land used for public-utility purposes in urban
centers and rural residential areas; land for construction of common-utility
infrastructure facilities in industrial parks, hi-tech parks and economic zones
under approved plans; land for construction of power transmission lines,
communication networks, petrol, oil and gas pipelines and their safety
corridors; land of power stations, irrigation reservoirs and dams; land of
funeral halls and crematories; land of landfills, garbage dumping grounds and
waste treatment complexes approved by competent state agencies.
2. Land used by religious
institutions, including land of pagodas, churches, oratories, chancels,
monasteries, religious training institutions, offices of religious
organizations and other religious establishments permitted by the State.
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4. Land under rivers, canals,
ditches, streams and special-use water surface;
5. Land with communal houses,
temples, hermitages, clans' worship halls, including land areas for building
these works and their premises;
6. Land for construction of
working offices and non-business works, including;
a/ Land of working offices of
state agencies, political organizations, socio-political Organizations and
public non-business organizations; offices of Vietnam-based diplomatic
representative missions and foreign consulates and intergovernmental
international organizations entitled to privileges and immunities like foreign
diplomatic representative missions in Vietnam;
b/ Land of economic, cultural,
social, scientific and technological and diplomatic non-business establishments
of state agencies, political organizations, socio-political organizations and
public non-business organizations.
7. Land used for defense and
security purposes, including:
a/ Land of barracks and army
camps;
b/ Land of military bases:
c/ Land of national defense
works, battlefields and other special defense and security works;
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e/ Land of industrial and
science and technology works in direct service of national defense and
security:
f/ Land of warehouses of the
people's armed force units;
g/ Land of firing ranges, drill
grounds. weapon testing grounds and weapon disposal sites;
h/ Land of guest houses,
public-duty houses, competition halls, gyms and other facilities within
barracks and camps of the people's armed force units;
i/ Land of prisons, detention
houses, educational institutions and reformatories managed by the Ministry of
National Defense or the Ministry of Public Security:
j/ Land of other combat works
and defense and security works specified by the Government.
8. Non-agricultural land for construction
of works of cooperatives engaged in agricultural or forestry production,
aquaculture and salt-making: land in urban areas which is used for construction
of glasshouses and other buildings for farming purposes, including cases in
which crops are not planted directly on land; land for construction of farms
for raising livestock, poultry and other animals as permitted by law; land for
construction of research and testing farms and stations in the agriculture,
forestry and fishery sectors; land for construction of plant and animal
nurseries: land for construction of households' and individuals' warehouses for
storing farm produce, plant protection drugs, fertilizers and agricultural
machines and tools.
Chapter II
TAX BASKS. TAX
REGISTRATION, DECLARATION. CALCULATION AND PAYMENT AND TAX EXEMPTION AND
REDUCTION
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Taxable land area is the area of
non-agricultural land actually used.
1. In case a taxpayer has the
right to use many land plots within a province or centrally run city, the
taxable land area is the total area of taxable land plots.
2. For residential land of a
multi-story building with many users or a condominium, including those with
areas for both dwelling and commercial purposes, the taxable land area of each
organization, household or individual shall be determined to be equal to the
allocation coefficient multiplied by the area of the apartment (work) used by
such organizations, household or individual.
Allocation
coefficient applicable to a building or condominium without basement
=
Construction
land area of the building or condominium
Total
area of apartments used by organizations households and individuals
Allocation
coefficient applicable to a building or condominium with a basement
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Construction
land area of the building or condominium
Total
area of apartments used by organizations, households and individuals (ground
sections)
+
50%
of the basement area used by organizations, households and individuals
Allocation
coefficient applicable to an underground work
=
50
x Ground land area corresponding to the underground work
Total
area of the underground work used by organizations, households and
individuals
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Article 5.
Price of a square meter of taxable land
1. The price of a square meter
of taxable land is the price of land based on the use purpose of the taxable
land plot which is set by the provincial-level People's Committee and shall be
kept unchanged for a 5-year period stating on January 1, 2012.
2. In case of changing taxpayers
or arising any elements that lead to the change of the price of a square meter
of taxable land during a stabilization period, the price of a square meter of
taxable land shall be kept unchanged for the remainder of the period.
3. In case land is allocated or
leased by the State and its use purposes is converted from agricultural to
non-agricultural purpose or from non-agricultural production and business to
residential purpose during a stabilization period, the price of a square meter
of taxable land is the price of land based on its use purpose, which is set by
the provincial-level People's Committees at the time of land allocation or lease
or at the time of converting the land use purposes and kept unchanged for the
remainder of the period.
Article 6.
Residential land quotas for tax calculation
1. For residential land which is
allocated from January 1. 2012. on. the residential land quota used as a basis
for tax calculation is the quota set by the provincial-level People's Committee
at the time of land allocation.
2. For residential land which is
used before January 1, 2012, the residential land quota used as a basis for tax
calculation shall be determined as follows:
a/ If. at the time of grant of a
certificate, the provincial-level People's Committee already set a residential
land allocation or recognition quota and the land area stated in the
certificate was determined according to the residential land recognition quota,
such quota shall be used as a basis for tax calculation. If the residential
recognition quota is lower than the current residential land allocation quota,
the latter will be used as a basis for tax calculation:
b/ If, at the time of grant of a
certificate, the provincial-level People's Committee already set a residential
land allocation or recognition quota and the land area stated in the
certificate was determined according to the residential land allocation quota,
such quota shall be used as a basis for tax calculation. If the residential
land allocation quota is lower than the current residential land allocation
quota, live latter w ill be used as a basis for tax calculation;
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d/ No residential land quota will
apply to cases without certificates. When land users are granted certificates,
the residential land quota used as a basis for lax calculation complies with
the principles laid down at Points a. b and e of this Clause.
3. In case of changing
taxpayers, the residential land quota used as a basis for tax calculation is
the current residential land allocation quota set by the provincial-level
People's Committee, which will be applied from the subsequent tax year, except
cases of changing taxpayers due to inheritance or giving as gifts between
husband and wife; natural parent and natural child; adoptive parent and adopted
child; parent-in-law and son-in-law or daughter-in-law: grandparent and grand
child; or between siblings In these cases, the set residential land quota
applicable to the transferor shall be used as a basis for tax calculation.
4. No residential land quota
will apply to encroached or appropriated land, land used for improper purposes
or land left unused against regulations.
Article 7.
Tax registration, declaration. calculation and payment
1. Taxpayers shall register,
declare, calculate and pay lax under the law on tax administration.
2. Taxpayers may register,
declare, calculate and pay tax at lax offices of rural districts, urban
districts, towns or provincial cities in which they have land use rights or
declare and pay tax to agencies and individuals authorized by tax offices
according to law (below collectively to as district-level tax offices).
Taxpayers in difficult-to-access
deep-lying or remote areas may register, declare, calculate and pay tax at
commune-level People's Committees.
3. Taxpayers who have the right
to use many land plots within a province or centrally run city shall register,
declare, calculate and pay tax as follows:
a/ Taxpayers shall register,
declare, calculate and pay tax for each of residential land plots for which
they have use rights at the district-level tax office of the locality in which
it/he/ she has land use rights like the case of having a single land plot:
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c/ A taxpayer who has one
residential land plot in excess of the set quota shall use the quota applicable
in the locality in which such land plot exists for determining the payable tax
amount. The residential land area in excess of the set quota shall be
determined to be equal to the excessive area of the land plot in the chosen
locality plus the total area of other land plots for which the taxpayer has use
rights:
d/ A taxpayer who has two or
more residential land plots in excess of the residential land quotas may choose
the residential land quota in the locality where one of these land plots exits
for determining the payable tax amount. The residential land area in excess of
the set quota shall be determined to be equal to the excessive area of the land
plot in the chosen locality plus the total area of other land plots for which
the taxpayer has use rights;
e/ Taxpayers shall make a
general declaration according to a form set by the Ministry of Finance for
determining the total area of residential land plots for which they have the
use rights and the paid tax amount, and send this declaration to the tax office
of the locality they have chosen for determining the residential land quota in
order to pay the difference between the tax amount payable under this Decree
and the tax amounts already paid to the district-level tax offices of the
localities where they have land use rights.
4. The Ministry of Finance shall
specify the tax registration, declaration, payment and calculation provided in
this Decree.
Article 8.
Tax exemption and reduction and principles thereof
Entities eligible for
non-agricultural land use tax exemption or reduction and tax exemption and
reduction principles comply with Articles 9, 10 and 11 of the Law on
Non-Agricultural Land Use Tax. Some contents are specified as follows:
1. Lists of domains eligible for
investment promotion: domains eligible for special investment promotion: areas
with socioeconomic difficulties; and areas with extreme socio-economic
difficulties specified in Clauses 1 and 4. Article 9, and Clauses 1 and 2. Article
10, of the Law on Non-Agricultural Land Use Tax comply with the investment law.
.
2. Establishments carrying out
socialized activities eligible for tax exemption specified in Clause 2. Article
9 of the Law on Non-Agricultural Land Use Tax must -satisfy the requirements on
forms, operation scopes and standards applicable to establishments carrying out
socialized educational, vocational training, healthcare, cultural, sports or
environmental activities prescribed in the Prime-Minister's decisions.
3. Poor households eligible for
tax exemption under Clause 6, Article 9 of the Law on Non-Agricultural Land Tax
Use shall be determined under the Prime Minister's decision on the poverty
line. In case provincial-level People's Committees have specified the poverty
lines applicable in their localities according to law, the poverty lines
promulgated by provincial-level People's Committees shall apply.
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IMPLEMENTATION
PROVISIONS
Article 9.
Responsibilities of a number of ministries and provincial-level People's
Committees
1. In the third quarter of 2011,
the Ministry of Natural Resources and Environment shall promulgate a document
to provide and guide local natural resources and environment agencies in
identifying areas of land used for improper purposes, encroached or
appropriated land or land left unused against regulations to serve as a basis
for tax calculation according to the Law on Non-Agricultural Land Use Tax.
2. The Ministry of Finance
shall:
a/ Direct the building of a tax
collection administration database on the basis of the land management database
supplied by natural resources and environment agencies;
b/ Guide and direct lax offices
to organize and manage the collection of non-agricultural land use tax under
this Decree and the tax administration law.
3. Provincial-level People's
Committees shall:
a/ Set and announce land prices
and residential land quotas applicable lo each area and in each period to serve
as a basis for tax calculation under this Decree.
b/ Direct local agencies and
units to properly implement the Law on Non-Agricultural Land Use Tax and this
Decree.
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1. This Decree takes effect on
January 1. 2012, and replaces the Government's Decree No. 94-CP of August 25.
1994. detailing the Ordinance on House and Land Tax and the Ordinance Amending
and Supplementing a Number of Articles of the Ordinance on House and Land Tax.
2. The Ministry of Finance shall
guide the implementation of this Decree.
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, chairpersons
of provincial-level People's Committees and concerned organizations and
individuals shall implement this Decree.-
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung