Download Nghị định 46/2014/NĐ-CP: A Guide to Land and Water Rent Regulations in Vietnam
Introduction
If you are interested in doing business or investing in Vietnam, you may need to know about the regulations on land and water rent in this country. Land and water are valuable resources that are subject to state management and use rights. Therefore, you may have to pay a certain amount of money to the state budget if you want to use or lease land or water for your purposes.
download nghị định 46 2014 nđ-cp
One of the most important legal documents that governs this issue is Nghị định 46/2014/NĐ-CP, which was issued by the Government of Vietnam on May 15, 2014. This decree provides detailed regulations on the collection, payment, calculation, incentives, and exemptions of land and water rent in Vietnam.
In this article, I will explain what Nghị định 46/2014/NĐ-CP is, why it is important to know about it, how to download it, what are its main provisions, benefits, and challenges. By the end of this article, you will have a better understanding of the land and water rent regulations in Vietnam and how they may affect your business or investment decisions.
What is Nghị định 46/2014/NĐ-CP?
Nghị định 46/2014/NĐ-CP is a decree that specifies the regulations on land and water rent in Vietnam. It was issued by the Government of Vietnam on May 15, 2014, based on the Law on Land (2013) and the Law on Water Resources (2012). It replaces the previous decree on land rent (Nghị định 142/2005/NĐ-CP) and adds new regulations on water rent.
Nghị định 46/2014/NĐ-CP applies to all individuals, organizations, households, communities, domestic and foreign investors who use or lease land or water for their purposes. It also applies to all state agencies that are responsible for managing, allocating, leasing, collecting, and inspecting land and water rent.
Why is it important to know about it?
Nghị định 46/2014/NĐ-CP is important to know about because it affects your rights and obligations when you use or lease land or water in Vietnam. Depending on your purpose, location, duration, area, type, and quality of land or water that you use or lease, you may have to pay a different amount of money to the state budget as land or water rent. You may also enjoy some incentives or exemptions from paying land or water rent under certain conditions.
By knowing about Nghị định 46/2014/NĐ-CP, you can plan your budget accordingly, avoid any penalties or disputes with the authorities, and take advantage of any opportunities that may arise from the land and water rent regulations. You can also protect your legitimate interests and contribute to the sustainable development of the country.
How to download it?
If you want to download Nghị định 46/2014/NĐ-CP, you can visit the official website of the Government of Vietnam at . However, you should always check the accuracy and validity of the information from these sources.
Main content
The main provisions of Nghị định 46/2014/NĐ-CP
Nghị định 46/2014/NĐ-CP consists of six chapters and 38 articles that cover the following aspects of land and water rent:
The subjects and objects of land and water rent
The decree defines the subjects and objects of land and water rent as follows:
The subjects of land and water rent are individuals, organizations, households, communities, domestic and foreign investors who use or lease land or water for their purposes.
The objects of land and water rent are land or water areas that are allocated or leased by the state without collection of land use levy or water use charge, or that are subleased by land or water users who have paid land use levy or water use charge to the state.
The objects of land rent include agricultural land, non-agricultural land, forest land, special-use land, and unused land.
The objects of water rent include surface water, groundwater, sea water, and rainwater that are used for production, business, service, or other purposes.
The principles and methods of land and water rent calculation
The decree stipulates the principles and methods of land and water rent calculation as follows:
The principles of land and water rent calculation are based on the market price, the supply and demand, the location, the duration, the area, the type, and the quality of land or water; the purpose and efficiency of land or water use; the socio-economic development policies; and the environmental protection requirements.
The methods of land and water rent calculation are based on either the price bracket or the auction. The price bracket is determined by the provincial-level People's Committees for each type of land or water in their locality. The auction is conducted by the competent state agencies for some cases of land or water allocation or lease that have high demand and value.
The unit of land rent calculation is Vietnam dong per square meter per year. The unit of water rent calculation is Vietnam dong per cubic meter.
The payment and collection of land and water rent
The decree regulates the payment and collection of land and water rent as follows:
The payment of land and water rent is made by the land or water users to the state budget through the tax authorities or other authorized agencies. The payment can be made annually, quarterly, monthly, or in a lump sum depending on the agreement between the parties.
The collection of land and water rent is carried out by the tax authorities or other authorized agencies according to the law on tax administration. The collection can be done directly at the place of land or water use, or indirectly through bank transfer or postal service.
The deadline for payment of land and water rent is no later than the last day of the payment period. If the payment is delayed, the land or water users have to pay a fine equal to 0.03% of the overdue amount per day.
The incentives and exemptions of land and water rent
The decree provides some incentives and exemptions of land and water rent for some cases as follows:
The incentives of land and water rent include reduction or exemption of part or whole of the payable amount for a certain period of time. The incentives are granted to some subjects such as poor households, ethnic minorities, social policy beneficiaries, people with disabilities, cooperatives, enterprises, and investors who meet certain criteria and conditions.
The exemptions of land and water rent include non-collection of the payable amount for a certain period of time or indefinitely. The exemptions are applied to some objects such as land or water for public use, land or water for national defense or security, land or water for religious or humanitarian purposes, land or water for scientific research or education, land or water for environmental protection or disaster prevention, and land or water for household or subsistence use.
The benefits and challenges of Nghị định 46/2014/NĐ-CP
Nghị định 46/2014/NĐ-CP has some benefits and challenges for the state, the people, and the investors as follows:
The benefits for the state, the people, and the investors
The benefits of Nghị định 46/2014/NĐ-CP are:
It helps the state to manage and use the land and water resources more effectively and efficiently, to increase the state budget revenue from land and water rent, to promote the socio-economic development and environmental protection, and to ensure the national defense and security.
It helps the people to have more access and opportunities to use or lease land or water for their livelihoods, production, business, service, or other purposes. It also helps them to enjoy some incentives or exemptions from paying land or water rent under certain conditions.
It helps the investors to have more clarity and certainty about the regulations on land and water rent in Vietnam. It also helps them to benefit from some incentives or exemptions from paying land and water rent under certain conditions.
The challenges for the implementation and enforcement
The challenges of Nghị định 46/2014/NĐ-CP are:
It requires the coordination and cooperation among various state agencies at different levels and sectors to implement and enforce the decree effectively and consistently.
It requires the update and adjustment of the price bracket of land and water rent periodically to reflect the market changes and the socio-economic development policies.
It requires the awareness and compliance of the land and water users with their rights and obligations regarding the payment and collection of land and water rent.
It requires the resolution of any disputes or complaints that may arise from the application of the decree in a timely and fair manner.
Conclusion
In conclusion, Nghị định 46/2014/NĐ-CP is a decree that specifies the regulations on land and water rent in Vietnam. It is important to know about it because it affects your rights and obligations when you use or lease land or water in Vietnam. You can download it from the official website of the Government of Vietnam or other websites that provide legal information. The decree covers the main provisions on the subjects and objects of land and water rent, the principles and methods of land and water rent calculation, the payment and collection of land and water rent, and the incentives and exemptions of land and water rent. The decree also has some benefits and challenges for the state, the people, and the investors.
If you want to learn more about Nghị định 46/2014/NĐ-CP or other related topics, you can visit some of these websites:
: This website provides statistical data on various aspects of Vietnam's economy, society, environment, etc.
: This website provides information on the ease of doing business in Vietnam, including indicators on starting a business, dealing with construction permits, getting electricity, registering property, etc.
: This website provides a PDF file of the Law on Land (2013), which is one of the legal bases for Nghị định 46/2014/NĐ-CP.
: This website provides a summary of the Law on Water Resources (2012), which is another legal basis for Nghị định 46/2014/NĐ-CP.
I hope you found this article helpful and informative. If you have any questions or feedback, please feel free to contact me. Thank you for reading and have a great day!
FAQs
Here are some frequently asked questions and answers about Nghị định 46/2014/NĐ-CP:
What is the difference between land use levy and land rent?
Land use levy is a one-time payment that the land users have to pay to the state budget when they are allocated land by the state with land use rights. Land rent is a periodic payment that the land users have to pay to the state budget when they are leased land by the state without land use rights or when they sublease land from other land users who have paid land use levy.
What is the difference between water use charge and water rent?
Water use charge is a payment that the water users have to pay to the state budget when they are allocated water by the state with water use rights. Water rent is a payment that the water users have to pay to the state budget when they are leased water by the state without water use rights or when they sublease water from other water users who have paid water use charge.
How can I apply for incentives or exemptions of land or water rent?
You can apply for incentives or exemptions of land or water rent by submitting an application form and relevant documents to the competent state agencies that are in charge of managing, allocating, leasing, collecting, and inspecting land or water rent. You can find the application form and the list of documents on the website of the Ministry of Finance at .
How can I check the status of my payment of land or water rent?
You can check the status of your payment of land or water rent by accessing the online tax service portal of the General Department of Taxation at . You can also contact the tax authorities or other authorized agencies that are responsible for collecting your land or water rent.
What should I do if I have a dispute or complaint about land or water rent?
If you have a dispute or complaint about land or water rent, you can follow these steps:
First, you should try to resolve it through negotiation and conciliation with the other party involved.
Second, if you cannot reach an agreement, you can request an administrative review by the competent state agencies that issued the decision on your land or water rent.
Third, if you are not satisfied with the result of the administrative review, you can file a lawsuit to the court according to the law on administrative procedures.
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