New provision on land rental exemption and reduction

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The Government issued Decree No. 135/2016/ND-CP  dated September 09, 2015 amending and supplementing a number of articles on collection of land rental and water surface rental, within that prescribed land rental exemption or reduction is not applied in the case of auction on land lease rights.

Similarly, land use levy exemption and reduction is not applicable if auction for land use rights to allocate the land that has to be paid land use levy for auction winning people under subjects of land use levy exemption and reduction. Land use levy exemption and reduction when allocating the land to subjects being under the policy of housing improvement shall be implemented according to related policies and not through auction for land use rights.

In case the State leases land with annual land rental payment and it is still in the period of enjoying land rental exemption and reduction if transferring assets under its ownership attached with leased land as stipulated and that buyer shall continue to be leased land by the State for the remaining period with purposes of use in accordance with purposes of transferring, person who transfers shall not be included land rental that is exempted into transferring price; person receiving transfer shall continue to enjoy land rental exemption and reduction for the remaining incentive period. In case persons receiving transferred land shall not use land use purposes in accordance with purpose of land and use with other purposes, they shall implement financial obligations according to the law.

This Decree takes effect on November 15, 2016.