Land use purpose transfer is one of the important notes when transferring land use purposes. So how much money must be paid when transferring land use purposes to individuals and households? Together with DFC lawyers consult with the following case.
How much money to pay for land use transfer?
Q: Dear DFC Lawyer, I am Tran Thi Lien housing in My Duc, Hanoi used to ask lawyers for help in the case of claiming damages due to my childbeing beaten in 2018 do not know the lawyer remembers. Now I have a legal question that I look forward to answering, I have a garden land, pond area of more than 200m2 acquired by a relatives now I want to change the purpose to residential land, the exact conversion cost is how much.
Lawyer advice:Thank you For trusting and still remembering the services of our DFC lawyers.
Legal grounds
- Land Law 2013;
- Decree 45/2014/ND-CP regulates the collection of land leasing and land use by the Government.
Contents of consultation:
*Cases where land use recess must be paid when converting land purposes to households and individuals
According to Article 57, the Land Law 2013 when converting land use purposes from agricultural to non-agricultural land must be authorized by competent state agencies. Therefore, when transferring land use purposes from farmland to residential land, she must be authorized by the People's Committee of My Duc District.
Based on the provisions of Article 5, Decree 45/2014/ND-CP, households and individuals wishing to transfer land use purposes to residential land must perform financial obligations as follows:
- Payment of land history is equal to 50% of the difference between land use interest calculated according to residential land prices and agricultural land prices at the time of conversion from garden and pond land in the same plot of land with houses belonging to residential areas but not yet recognized as residential land to residential land;
- Payment of land use interest equal to the difference between the land use fee of the house and the agricultural land use interest assigned by the State not to collect the land use interest at the time of the decision on transfer of land use purposes by the State agencies;
- Paying land use interest equal to the difference between residential land use price and non-agricultural land use price of the remaining land use term when transferring land purposes assigned by the state with the collection of land to residential land;
- Payment of land use interest equal to the difference between the land use interest calculated according to the residential land price and the land use interest payable once based on the remaining lease period for land paid by the state for one-time use;
- Payment is equal to 100% of the residential land price at the time of conversion of land use purposes from land leased annually by the state to residential land.
If Ms. Lien's case is permitted by the state agency to change the land use purpose, she will have to pay a land use purpose transfer fee of 50% of the difference between the land use fee according to the residential land price and the price of garden pond land at the time of conversion if her pond and garden land is the land in the same plot of land with houses belonging to residential areas. In case 200m2 of land in this garden pond is not located in the residential area with her house based on the land use origin listed above to calculate the amount of land use purpose transfer that they have to pay.
Residential land prices or specific agricultural land prices in My Duc District, Hanoi can refer to the land price table in My Duc District attached to Decision No. 96/2014/QD-PPC on 29/12/2014 of the Hanoi People's Committee. DFC law wishes you can successfully change land use purposes.
The above is the entire contents of DFC's consultation related to Ms. Lien's question about land use transfer money in My Duc District. If you also have questions like Ms. Lien that need answers can contact our legal call center 19006512 for the best care.
Luật Sư: Lê Minh Công
Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.
