Sending a question to the Hanoi City People's Committee's Electronic Information Portal, Ms. Nguyen Thi Thao said that her house has a 164m2 land plot belonging to existing village residential land. The land is entirely garden land, no adjacent residential land. The red book was issued in 2008 and renewed in 2021.
In 2020, she applied for land use purpose conversion, but because the land was in the planning and lost 69.8m2, commune officials said it could not be converted because it was in the planning, waiting for the planning to be approved before being converted.
By the end of 2025, the plan has been approved.
Currently, she wants to convert the land area that is not in the planning, which is 94.2m2, and commune officials replied that she is allowed to convert it.
Regarding the tax on conversion of land use purposes from garden land to residential land, Ms. Thao was provided with information by commune officials that the latest Resolution just passed by the National Assembly on reducing the tax on conversion of non-agricultural land use purposes to residential land, only applies to land converted purposes attached to residential land.
Commune officials said that in Ms. Thao's case, even though it is existing residential land in the village, this land is currently 100% garden land, without attached residential land, so when converting the land use purpose from garden land to residential land, it is still subject to conversion tax of 100%.
So I want to ask, the land that is not in the planning of my house is 94.2m2, when converted, is the tax 100% or reduced to what level according to the newly issued Resolution of the state" - Ms. Thao asked.
Regarding this question, the City Center for Communication, Data and Digital Technology said:
Point d, Clause 1, Article 121 of the 2024 Land Law stipulates cases of changing land use purposes that must be permitted by competent state agencies, including: Converting non-agricultural land that is not residential land to residential land.
Point c, Clause 2, Article 10 of Resolution 254/2025/QH15 stipulates as follows: When changing land use purposes specified in Points b, c, d, e, and g, Clause 1, Article 121 of the Land Law, land users must pay land use fees and land rent according to the following regulations: In case garden land, pond land, agricultural land in the same land plot with residential land are determined when land use rights are recognized and land use purposes are changed to residential land; converted from land originating from garden land, pond land attached to residential land but land users separate it to transfer land use rights or by the surveying unit when measuring and drawing cadastral maps before July 1, 2014 has self-measured and separated into separate plots into residential land, land use fees are calculated at the collection rate equal to: 30% of the difference between land use fees calculated according to residential land prices and land use fees calculated according to agricultural land prices at the time of the decision allowing land use purpose conversion (hereinafter referred to as difference) for the area of land
The above-mentioned land use fee is only calculated once for one household or individual (calculated per land plot).
Article 13, Decision No. 61/2024/QD-UBND of the Hanoi People's Committee stipulates the limit for allocating residential land to individuals in urban and rural areas as follows:
- Areas of wards and towns: Minimum level 50m2; maximum level 90m2.
- The area of communes in the delta region: Minimum level 80m2; maximum level 180m2.
- Areas of midland communes: Minimum level 120m2; maximum level 240m2.
- Areas of mountainous communes: Minimum level 150m2; maximum level 300m2.
Classifying communes as a basis for determining residential land allocation limits for each region is specified in Appendix 01 issued together with this Regulation.
Please base on the above regulations, compare with the current status of land use, land origin and residential land allocation limits to determine the level of land use fees to be paid according to regulations.
