Offer for registration fee exemption for houses and land for resettlement

VCN- Ministry of Finance is submitting for public comments on draft of amending and supplementing some articles of Decree 140/2016 / ND-CP on registration fee. In this draft, many types of assets including houses, land, vehicles, ships, etc. are added to the registration fee exemption.
offer for registration fee exemption for houses and land for resettlement
The Ministry of Finance proposes to supplement the regulations on registration fee exemption for resettlement houses and land. Picture: internet.

Exemption for land for infrastructure construction

Accordingly, the Ministry of Finance proposes to exempt registration fee for land allocated or leased to invest in infrastructure construction.

Decree No. 140 provides for the exemption of registration fee for Land allocated or leased for investment in infrastructure construction, construction of houses for transfer. In these cases, when registering ownership or use rights with competent state agencies for lease or self-use, organizations and individuals that are assigned or leased land by the State shall have to pay registration fees.

In cases, organizations or individuals receive transfer for continued investment in the construction of infrastructures or construction of houses for transfer, they will be exempted from registration fee (the registration fee exemption only if organizations and individuals registering the right to use and ownership of property. However, at this point, it is also stipulated that in cases that organizations and individuals receive infrastructure transfer or houses when registering ownership or use rights with competent state agencies, the fee must be paid in advance.

Therefore, in the new draft decree, the Ministry of Finance proposed to remove the regulation "Where organizations and individuals receive the transfer of infrastructure and houses when registering ownership and use rights with the house competent authorities must pay a registration fee”.

In addition, Article 83 and 86 of the Land Law of 2013 stipulate: "When land is recovered by the State in addition to compensation, the State will consider and provide support, including support in cases which land users are relocated to resettle and the compensation or support money is not enough to buy a minimum resettlement rate, the State is providing enough money to buy a minimum rate of resettlement”.

Since then, Decree No. 140 provides for the exemption of registration fees for: "Houses and land that are entitled to compensation (including houses and land purchased with compensation and support money) when the State recovers houses and land according to regulations the law ".

As for Circular No. 301/2016 / TT-BTC of the Ministry of Finance, the calculated price of registration fee for house and land prices is the house or land price approved by the competent authority. The price is calculated under compensation between the price of compensation that the house and land are recovered, the price of the house and land where resettled. Thus, the registration fee rates for resettlement houses and land will be calculated only on the difference between the value of the house and land where the resettlement is conducted and the compensation value of the house or land where the land is recovered.

Therefore, in order to ensure the uniformity with the provisions of the land legislation on compensation and assistance when the State recovers land and the law on registration fee on registration fee exemption in cases which the house or land is compensated often, the Ministry of Finance proposes to supplement the regulations on exemption of registration fee in the case of relocated houses and land.

Support for production and business establishments

For vehicles, Clause 21 of Article 9 of Decree No. 140 provides for the exemption of registration fee for septic tanks; No registration fee is charged for waste vehicles; Exemption from registration fees for salvage vehicles (including towing vehicles, car carriers).

To be feasible and convenient for the tax office when determining subjects eligible for registration fee exemption; In line with the functions and powers of the Transport Ministry, the Ministry of Finance proposes to supplement the regulations on the exemption of registration fees for waste suits and to waive the registration fee exemption for tunnel cars. And assigned the registry agency to determine that the vehicle is a rescue vehicle with the certificate of technical safety and environmental protection according to the provisions of Decree No. 140.

For the shell of fishing ships and boats, the Ministry of Finance said that in order to ensure the synchronism of the policy and the implementation of preferential policies of the State for fishing activities, this agency proposes to supplement the regulations on registration fee exemption for the complete frame and engine components of the replaced fishing vessels and boats and must register with the competent state agencies. Rights in Clause 23, Article 9 of Decree No. 140.

Especially, the draft decree proposed to exempt registration fees for workshops of production and business establishments. The current Decree No. 140, factory premises; Warehouses, canteens, garages of production and business establishments are exempt from registration fee.

At Circular No. 03/2016 / TT-BXD of the Ministry of Construction regulating the decentralization of construction works and guiding the application of the management of investment activities and the attached appendices as prescribed and described. Specifically on decentralization of construction works; there are factories in the fields of industrial works such as concrete product factory, brick factory, metallurgical factory, petroleum warehouse, and factory. Chemistry…); Agricultural and rural development (cages, greenhouse nurseries ...).

This is one of the legal bases for the local People's Committees to issue price registration fee calculation for houses, including warehouses and workshops.

In order to avoid obstacles on the basis of defining the workshops subject to registration fee exemption, the Ministry of Finance proposes to amend the regulations on registration fee exemption for workshops as follows: "Factory premises the warehouses, canteens, garages of production and business establishments. The workshops defined in this Clause will be determined according to the legislation on decentralization of construction works”. "

It can be said that the supplement of the registration fee exemption for the above assets will be in accordance with relevant laws, simplification of administrative procedures as well as ensuring the uniformity of policies about registration fee incentives that is suitable for the reality.

By H.Vân/Bui Diep

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