On the Government Information Portal, Ms. D.T.M in Hanoi reported that she applied to change the purpose of using agricultural land with a red book to commercial and service land for accommodation and food and beverage services (enough conditions to change the purpose of use, in accordance with the planning), not subject to investment policy approval, investor approval according to the provisions of the law on land, and wanted to choose the form of one-time land rent payment.
So the land price to calculate one-time land rent for individuals changing land use purposes mentioned above is applied according to the land price list (according to Point a, Point h, Clause 1, Article 159 of the Land Law) or according to specific land prices (according to Point b, Clause 1, Article 160 of the Land Law)?
The Ministry of Agriculture and Environment responds to this issue as follows:
At point a, clause 1, Article 159 of the 2024 Land Law, it is stipulated that:
The land price list is applied to the following cases:
Calculating land use fees when the State recognizes the right to use residential land of households and individuals; changing the land use purpose of households and individuals.
Based on the above legal provisions, the calculation of land use fees when changing land use purposes of households and individuals (from agricultural land recognized by the State to commercial and service land) is subject to the application of the land price list as prescribed in Point a, Clause 1, Article 159 of the 2024 Land Law.
The Ministry of Agriculture and Environment recommends that citizens study and contact the competent land management agency at the place where land is allocated, leased and allowed to change the land use purpose of households and individuals for specific instructions.
