Land-Use Levy for Converting Garden Land to Residential Land: Legal Basis under Decree 50/2026
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The Ministry of Finance addressed the situation of a household that obtained a district People's Committee decision in February 2026 to convert garden land to residential land, but the tax authority has been unable to determine the financial obligation because detailed implementing guidance was reportedly not yet available. The Ministry clarified that Decree 50/2026/ND-CP dated 31 January 2026 (effective 31 January 2026) already provides detailed rules for calculating the land-use levy when households convert garden, pond, or agricultural land to residential land under point c, clause 2, Article 10 of Resolution 254/2025/QH15. Responsibility for determining and collecting the levy rests with provincial People's Committees and local functional agencies per Articles 44 and 48 of Decree 103/2024/ND-CP (as amended). The household is directed to contact local functional agencies to complete the process under existing law.
Ministry of Finance Guidance on Land-Use Levy for Garden-to-Residential Conversion (21 May 2026)
Situation: A household received a ward People's Committee decision in February 2026 approving conversion of garden land to residential land, but the file stalled because the tax authority said it had no basis to determine the financial obligation under Resolution 254/2025/QH15. The household asked: Can they record the land-use levy as a debt to proceed with title registration and building permits? Can the tax authority provisionally calculate and then reconcile later?
Legal basis cited in the official response:
- Decree 50/2026/ND-CP dated 31 January 2026 (effective 31 January 2026) — details calculation of the land-use levy for households converting garden, pond, or agricultural land to residential land under point c, clause 2, Article 10 of Resolution 254/2025/QH15.
- Articles 44 and 48 of Decree 103/2024/ND-CP dated 30 July 2024 (amended by Decree 291/2025/ND-CP dated 6 November 2025 and Article 13 of Decree 50/2026/ND-CP) — specify responsibilities of provincial People's Committees and local functional agencies for determining and collecting land-use levies.
Ministry of Finance conclusion: The implementing rules (Decree 50/2026) have been in effect since 31 January 2026. The household is directed to contact local functional agencies. The Ministry did not respond to the specific questions about debt recording or provisional calculation in this guidance.