Up to now, the Ha Long City Tax Department has more than 800 registration files for changes in land use rights and ownership of assets attached to land in a "suspended" state. The main reason is that the Land Law (amended) has taken effect since August 1, 2024, but up to now, the province has not issued an adjusted land price list, leading to some practical difficulties.
Since August 1, 2024, many real estate transfer and land use purpose change files of people in Ha Long City have been received by the City Public Administration Center but have not been able to return the results. All of these files are in a "suspended" state when transferred to the tax authority to calculate taxes and land use fees. Having to wait for the results of these administrative procedures is causing a lot of inconvenience to people. Ms. Tran Thi Hai (Ly Nhan district, Ha Nam province) said: "My family saved up for many years to buy a piece of land in group 9, zone 2, Ha Lam ward for over 1 billion VND. The purchase and sale procedures were completed on August 1, 2024 and I also went to the City Public Administration Center to register changes in land use rights and ownership of assets attached to the land. However, up to now, I have not been granted a land use rights certificate (GCNQSDD). This is a big obstacle and also very risky when I have paid the seller all the money and completed all the procedures but the tax payment is delayed. I am very impatient and do not know how much longer I have to wait".
The delay in granting the Land Use Right Certificate also caused many difficulties for Mr. Vuong Manh Hai's family (Zone 3, Hong Ha Ward, Ha Long City) in building a new house. Mr. Hai was upset: My family has 2 young children, and the current house is quite cramped, so after a period of research, I decided to borrow more money to buy a piece of land in the resettlement area of Zone 7 (Cao Thang Ward) to build a house. However, from the plan to have a new house in early 2025, now I don't know when the house can be built. Most recently, after submitting a complaint, on October 31, the Ha Long City Tax Department responded in writing that there was no basis to determine the family's financial obligations for the transfer of land use rights. Without the Land Use Right Certificate, it will be impossible to carry out the procedures for building a house according to regulations (construction permit, signing electricity and water contracts, etc.). Building a house later than planned affects the hiring of workers, the price of raw materials will certainly increase, causing significant damage to the family.
As the fastest growing urban area in the province, Ha Long City has many transactions of buying, selling, and changing land use purposes every day, because of the need for money for business, the need to transfer and buy and sell of the people cannot be stopped, but for more than 3 months now, the plans of many people have been affected.
It is known that the 2024 Land Law allows localities to apply the current land price list until January 1, 2026, but in reality, many localities need to issue an adjusted land price list. Because according to the 2024 Land Law, the land price list no longer has a land price frame and adjustment coefficient (coefficient K). Meanwhile, coefficient K is the coefficient used to calculate specific land prices based on common land prices on the market, local socio-economic conditions and land price list. Coefficient K is issued by the provincial People's Committee. Previously, with a low land price list, localities were multiplied by coefficient K to calculate related financial obligations. When coefficient K is no longer available, if only applying the old land price list, it is easy to be inconsistent with reality, causing budget loss. Currently, the land price in the land price list issued by the Provincial People's Committee under Decision No. 42/2019/QD-UBND is no longer suitable to the actual situation, which may cause great loss to the state budget.
To avoid the backlog of taxpayers' files and complaints, affecting the actual needs and legitimate rights of the people, and at the same time ensuring compliance with the new provisions of the Land Law, the province needs to promptly issue a Decision to adjust the land price list and provide guidance on the application of legal documents so that tax authorities can promptly determine financial obligations on land for procedures for registering changes due to the transfer of land use rights and assets attached to land.
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