Guidelines for Land Use Fees Based on Resolution 254
The recent guidelines clarify the calculation of land use fees in Vietnam, particularly for converting

A recent inquiry from a resident in Hanoi has brought attention to the process of determining land origin in Vietnam, which can lead to a 70% reduction in land use fees. Legal expert Quach Thanh Luc, director of Phap Tri Law Firm in Hanoi, provided insights on how land users can establish the origin of their land to qualify for this financial benefit.
According to Luc, there are several methods for verifying land origin. The first method involves checking the information on the land use certificate. If the certificate indicates that the land includes garden or pond areas alongside residential land, it qualifies for a change of land use purpose under Resolution 198, which allows for a reduction in the fees payable.
The second method requires land users to examine the land registration records stored at the local People's Committee or the land registration office to confirm whether the land has both residential and garden or pond classifications.
Lastly, land users can refer to historical land records to determine if the land was separated from a larger parcel prior to July 1, 2004. This historical context is crucial in establishing eligibility for the fee reduction.
Luc emphasized that as long as it can be demonstrated that the land currently has both residential and garden classifications, or that it has a historical basis for being classified as such, land users can apply for the reduction in land use fees. He advised residents to check their land use certificates and the local land registration records to gather the necessary documentation for their requests.
This process is vital for many land users seeking to alleviate the financial burden of land use fees when changing the purpose of their land. By understanding the origins and classifications of their land, they can navigate the legal framework more effectively and take advantage of available reductions.