Tiêu điểm: Khó chuyển đổi đất nông nghiệp sang đất ở vì gánh nặng tài chính | VTV24

Key Concepts:

• Bản giá đất (Bảng giá đất): Land price list, officially issued by local authorities, used as a basis for calculating land-related taxes, fees, and compensation.
• Tiền sử dụng đất: Land use fee, payable to the state when converting land use purposes (e.g., from agricultural to residential).
• Chuyển đổi mục đích sử dụng đất: Conversion of land use purpose.
• Hạng mức giao đất ở: Land allocation quota for residential use.
• Sổ hồng: Certificate of land use rights, house ownership and other assets attached to land (similar to a title deed).
• Luật Đất đai 2024: Land Law 2024.
• Nghị định 103: Decree 103 regarding land use fees and land rent.

1. The Problem: Increased Land Use Fees Due to New Land Price Lists

• The new land price lists (bản giá đất) implemented in many localities, based on the Land Law 2024, are closer to market prices.
• This has resulted in a significant increase in land use fees (tiền sử dụng đất) when converting land use purposes, particularly from agricultural land to residential land. The cost of converting agricultural land to residential land has increased many times over compared to before.
• The reason for the fee increase is because agricultural land prices are significantly lower than residential land prices, leading to a large difference when converting land use.
• This creates financial difficulties for households wanting to build houses on their agricultural land.

Example:

• In Ho Chi Minh City (HCMC), the adjusted land price list, effective from October of last year, increased land prices by 4 to 38 times compared to the previous list.
• This directly increases the amount people have to pay to change the purpose of land use from agriculture to residential.
• From January 1st to December 31st, HCMC will continue to use the land price list that was issued in each locality before the merger. Specifically, the old HCMC land price list was issued under Decision No. 79, the old Binh Duong land price list issued under Decision 63, and the old Ba Ria - Vung Tau land price list issued under Decision No. 26.
• According to the HCMC land price list under Decision No. 79, the highest land price on Dong Khoi, Le Loi and Nguyen Hue streets is 687.2 million VND/m2.
• Agricultural land in HCMC ranges from 400,000 VND to 810,000 VND per m2, while residential land ranges from 2.3 million VND to 687.2 million VND per m2.
• This price difference can cause land use fees to be 5 to 10 times higher than before when people want to convert the purpose of the land.
• According to statistics from the HCMC Real Estate Association, before the merger, there were more than 11,000 land plots that had not been granted pink books for the first time.

2. Case Studies: Impact on Individual Households

• Mr. Hoang (Hoc Mon, HCMC): He owns over 100 m² of land designated for perennial crops and wants to convert it to residential land for building a house. He estimated the fee to be around 100 million VND under the old price list. However, despite submitting his application before the new price list (Decision 79) took effect, the tax authorities applied the new prices, resulting in a fee of 2.7 billion VND. This made the conversion financially unfeasible.
• Unnamed resident: Wants to convert the purpose of using 117 m² of land. Initially, he thought the tax would be around 320 million, but it ended up being 4 billion, which is beyond his financial capacity as a normal worker.
• Mr. Hoa (Can Gio, HCMC): He has 900 m² of agricultural land and needs to convert it to residential land. The adjusted land price in HCMC made the land price 11 times higher than before. If he converts the land use purpose, he will have to pay more than 4 billion VND. The new land price list was implemented too quickly and the price increases were too high, causing him financial difficulties.

3. Experts' Perspectives and Solutions

• Experts believe the new land price lists directly impact those wanting to convert agricultural land to residential land.
• Areas in the city center are not as affected, but areas in the suburbs are greatly affected because these areas have a great need to separate households and build houses.
• The Ministry of Finance has proposed amending Decree 103 on land use fees and land rent to reduce the financial burden.
• Phương án 1 (Option 1): Keep the current regulations, meaning the entire difference between residential land price and agricultural land price has to be paid based on the new price list.
• Phương án 2 (Option 2): Reintroduce the percentage-based mechanism from before. If the land area is within the residential land allocation quota (hạng mức giao đất ở), the land use fee is calculated as 30% of the difference between residential and agricultural land prices. If it exceeds the quota, the fee is 50% of the difference.

4. Real Estate Association's Recommendation

• The HCMC Real Estate Association (Hiệp hội bất động sản thành phố Hồ Chí Minh) believes that amending Decree 103 is necessary to support the people.
• Instead of reducing the land use fee, the association proposes regulating the collection amount.
• For residential land within the quota for individual households, the state should only collect 20% of the land price from the land price list.
• For residential land outside the quota, the association suggests collecting only 30% of the land price from the land price list.

5. Alternative Suggestions

• The Director of the Institute of Economics, Resources and Environment of Ho Chi Minh City (Viện trưởng Viện Kinh tế Tài nguyên và Môi trường thành phố Hồ Chí Minh) suggests researching and adjusting the increase in agricultural land prices in areas adjacent to residential land, urban land, or agricultural land areas that have been planned for residential land or business production land.
• If people have agricultural land in areas that have been planned to be turned into residential land, a reasonable rate to pay should be considered to reduce the financial burden.
• The current agricultural land price in the land price list is too low compared to the market price. This is the root of the problem.
• It is necessary to increase the price of agricultural land to reduce difficulties for people during the adjustment of Decree 103.
• It is more consistent with the law to bring the price of agricultural land closer to market prices.

6. Additional Considerations

• Other opinions suggest classifying cases to support households separating land for children without housing or those with large agricultural land areas converting to build houses.
• Consider only charging fees and charges for conversion instead of land use fees.
• Perhaps the situation of people improving the quality of life by building new houses or separating land for children to start families should be placed outside the framework of having to collect land use fees.

7. Government Response and Future Actions

• Experts appreciate the Ministry of Finance's timely amendment of Decree 103 on land use fees and land rent and the upcoming amendment to the Land Law 2024, which shows policy flexibility, ensuring budget collection while aiming for housing security for the people.
• The Ministry of Finance has requested local authorities to quickly report on the implementation of calculating land use fees when converting land use purposes for households and individuals.
• The Ministry of Finance plans to submit to the Government a plan to reduce land use fees when people convert from agricultural land to residential land, given the sudden increase in land prices in some localities compared to the old land price list, in accordance with the Land Law 2013.
• Adjustments to land prices and land use fees are made based on the interests of the people, businesses, and the state.

Notable Quotes:

• Regarding the situation of converting agricultural land to residential land, a resident said: "The price increase is so high, and it happened so suddenly."
• The video concludes with the idea of "harmonizing benefits and sharing risks."

Conclusion:

The sharp increase in land use fees due to the new land price lists, while aiming for market alignment and fair compensation in some contexts, creates significant financial burdens for individuals seeking to convert agricultural land to residential land, especially in suburban areas. Proposed solutions involve revising the fee calculation methods (percentage-based) or adjusting agricultural land prices to narrow the gap, along with considering specific circumstances of applicants. The government's response, including amendments to Decree 103 and the Land Law, indicates a commitment to balancing revenue generation with the housing needs of the population.