On the morning of December 11th, the National Assembly passed a Resolution stipulating a number of mechanisms and policies to remove difficulties and obstacles in the implementation of the Land Law.
On the morning of December 11th, the National Assembly passed a Resolution stipulating a number of mechanisms and policies to remove difficulties and obstacles in the implementation of the Land Law. The Resolution takes effect on January 1st, 2026.
Notably, the newly adopted Resolution includes new points regarding policies on exemption and reduction of land use fees and land rent; and payment of land use fees and land rent when changing land use purposes.
According to the Resolution, in cases where land use fees and land rent are exempted, the procedures for determining land prices, calculating land use fees and land rent, and the procedures for requesting exemption from land use fees and land rent are not required, except in cases where the exemption is only granted for a certain number of years.
In cases where annual land rent is reduced according to government regulations in the annual socio -economic management practice, land users are not required to go through the procedure of requesting a land rent reduction.
When changing the land use purpose, the land user must pay land use fees and land rent in a lump sum for the entire lease period, based on the difference between the land use fees and land rent of the land type after the change of land use purpose and the land use fees and land rent of the land type before the change of land use purpose for the remaining land use period. Annual land rent is also paid according to the land type after the change of land use purpose.
On the morning of December 11th, Minister of Agriculture and Environment Tran Duc Thang presented a report on the completion of the draft Resolution stipulating some mechanisms and policies to remove difficulties and obstacles in the implementation of the Land Law.
In cases where garden land, pond land, or agricultural land within the same land parcel is designated as residential land, and the land use purpose is changed to residential land; or when land originally designated as garden or pond land attached to residential land is separated by the land user for transfer of land use rights; or when the surveying unit independently separated the land into separate parcels for residential land surveying before July 1, 2014, the land use fee is calculated at a rate of 30% of the difference between the land use fee calculated according to the price of residential land and the land use fee calculated according to the price of agricultural land at the time of the decision allowing the change of land use purpose (hereinafter referred to as the difference) for the area of land whose use purpose is changed within the local residential land allocation limit.
The fee will be 50% of the difference for the land area exceeding the limit, but not exceeding one time the local land allocation limit for residential purposes.
The fee is equal to 100% of the difference for the land area exceeding the limit, provided that the excess area exceeds one time the local land allocation limit for residential purposes. The above land use fee is calculated only once per household or individual (per plot of land).
Adding cases eligible for land ownership certificates.
In addition, the Resolution also supplements regulations on the issuance of land certificates, land subdivision, land consolidation, and the land information system.
Accordingly, in cases of transferring mineral exploitation rights as stipulated by the law on geology and minerals, or in cases of changing the type of enterprise where the land user or owner of assets attached to the land has been granted one of the prescribed types of certificates, a registration of changes must be carried out.
In the case of registering a mortgage on land use rights and assets attached to the land, the changes are updated in the land database without requiring confirmation on the issued Certificate of Land Use Rights.
Households and individuals who are using land stably and have a temporary land use right certificate issued by a competent state agency from October 15, 1993 onwards are entitled to be granted a land use right certificate and ownership certificate for assets attached to the land in accordance with the provisions of the Land Law.
Households and individuals who are using land stably and have a temporary land use right certificate issued by a competent state agency from October 15, 1993 onwards are entitled to be granted a land use right certificate and ownership certificate for assets attached to the land.
The division or consolidation of land plots must ensure access connecting to a public road or obtain the consent of adjacent landowners to allow access to a public road. If a landowner allocates a portion of a residential land plot, or a plot containing both residential and other land, for an access road, then land use conversion for that area is not mandatory during the division or consolidation process.
In cases where only a portion of a land parcel is being converted to a different use, land subdivision is not mandatory. The consolidation of land parcels does not require them to have the same land use purpose, the same form of land lease payment, or the same land use term.
In cases where land use rights are divided according to a court judgment or decision, but the division does not meet the conditions, area, and dimensions for land subdivision as stipulated in the Land Law, land subdivision shall not be carried out, except in cases where the court judgment or decision takes effect before August 1, 2024.
In cases where complete and valid documents for land subdivision or consolidation procedures were submitted before the effective date of this Resolution but have not yet been processed, the procedures outlined in this Resolution shall be followed.
Source: https://vtv.vn/chot-giam-70-tien-chuyen-doi-dat-nong-nghiep-sang-tho-cu-100251211095015015.htm
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