Must a Real Estate Business Pay Additional Land Use Fees After Adjusting a Project's Detailed Construction Plan?
RegHub explainer by New MarketerLast updated:
Based on:Ministry of Finance
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A real estate company operating since 2003 fully paid its land use fee obligation before July 1, 2014, calculated under the provincial land price table rather than detailed planning indicators such as land use coefficient, building density, or building height. In 2020 the company adjusted the project's detailed construction plan and received approval from the competent authority, but was not required to pay any additional land use fee at that time. The company now wants to transfer part of the project (an apartment block) and asked the Ministry of Finance whether it can rely on point b, clause 3, Article 2 of Circular 76/2014/TT-BTC, which exempts additional land use fee payment when a detailed construction plan changes. The Ministry of Finance did not give a direct yes-or-no answer. Instead it cited the relevant legal framework across different periods: clause 5, Article 14 of Decree 45/2014/ND-CP (amended by Decree 123/2017/ND-CP), clause 3, Article 10 of Circular 76/2014/TT-BTC (supplemented by Circular 10/2018/TT-BTC), the transitional provisions in Article 50 of Decree 103/2024/ND-CP (amended by Decree 291/2025/ND-CP), and the provincial People's Committee's responsibility to determine land financial obligations under Article 44 and clause 6, Article 48 of Decree 103/2024/ND-CP (amended by Decree 50/2026/ND-CP). The Ministry advised the company to work directly with local authorities, based on the specific project file, to have the obligation determined correctly before proceeding with the transfer. The key takeaway for real estate developers is that exemption from an additional land use fee upon a planning adjustment is not automatic - it must be confirmed case by case by local authorities based on each project's documentation, particularly before transferring a project or part of a project.
The question
A real estate company (operating since 2003) developing a residential project asked the Ministry of Finance about its land use fee obligation following a planning adjustment.
- Before July 1, 2014, the company fully paid the project's land use fee, calculated using the provincial land price table - not based on detailed planning indicators such as land use coefficient, building density, or building height.
- In 2020, the company adjusted the project's detailed construction plan and obtained approval from the competent authority. At that time, no authority required an additional land use fee payment.
- The company now wants to transfer part of the project - an apartment block within the residential project.
The company asked the Ministry of Finance to clarify whether this case qualifies for the exemption under point b, clause 3, Article 2 of Circular No. 76/2014/TT-BTC dated June 16, 2014, which exempts additional land use fee payment when a detailed construction plan changes.
The Ministry of Finance's response
The Ministry stated that land legislation, across different periods, has always contained rules on collecting additional land use fee obligations when a project's plan is adjusted, specifically:
- Clause 5, Article 14 of Decree No. 45/2014/ND-CP dated May 15, 2014, amended and supplemented by clause 7, Article 2 of Decree No. 123/2017/ND-CP dated November 14, 2017.
- Clause 3, Article 10 of Circular No. 76/2014/TT-BTC dated June 16, 2014, supplemented by Article 6 of Circular No. 10/2018/TT-BTC dated January 30, 2018.
- The transitional provisions in Article 50 of Decree No. 103/2024/ND-CP dated July 30, 2024, amended and supplemented by clause 18, Article 1 of Decree No. 291/2025/ND-CP dated November 6, 2025.
In addition, Article 44 and clause 6, Article 48 of Decree No. 103/2024/ND-CP (as amended by clause 22, Article 13 of Decree No. 50/2026/ND-CP dated January 31, 2026) assign responsibility to the provincial People's Committee and local functional agencies to determine land-related financial obligations, including land use fees.
Based on these provisions, the Ministry advised the company to rely on the above regulations together with the project's specific documentation, and to work directly with local functional agencies to have the obligation reviewed and determined correctly before proceeding with the transfer.
Practical note for businesses
The Ministry of Finance did not confirm that the company is exempt from an additional land use fee in this situation. The outcome depends on each project's specific legal file - the date the original land use fee obligation was completed, the exact content of the 2020 planning-adjustment approval decision, and the regulations in force at the time of transfer. Real estate developers planning to transfer a project or part of a project after a past detailed-planning adjustment should proactively confirm the land use fee position with the local Department of Natural Resources and Environment or tax authority before the transfer, to avoid unexpected retroactive charges or delays.