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In particular, the Ministry proposed regulations on personal income tax for income from real estate transfers.
The Ministry of Finance stated that Article 14 of the Personal Income Tax Law No. 109/2025/QH15 stipulates that personal income tax on income from real estate transfers is determined by multiplying the transfer price by a tax rate of 2%. The time for determining taxable income is the time the transfer contract becomes effective according to the law or the time of registration of the right to use or own the real estate. The Law also assigns the Government to provide detailed regulations on this matter.
Based on its assigned authority, the Ministry of Finance proposes in the draft Decree that the price of real estate transfer be the price stated in the transfer contract at the time of transfer.
In the case of transferring real estate, specifically land use rights, where the transfer contract does not specify the land price, or the land price stated in the contract is lower than the price calculated according to the land price table and land price adjustment coefficient, the land transfer price shall be the land price according to the land price table and land price adjustment coefficient (if any) applicable at the time of transfer, as stipulated by land law.
In the case of transferring land use rights and assets attached to the land (including houses, infrastructure, and architectural works) where the transfer contract does not specify the land price or the land price in the transfer contract is lower than the price calculated according to the land price table and the land price adjustment coefficient (if any), and the value of the house, infrastructure, and architectural works attached to the land is lower than the value used for calculating the house registration fee as stipulated by the Provincial People's Committee:
The value of the land use rights is determined according to the regulations mentioned above.
The value of the house, infrastructure, and architectural structures attached to the land is determined based on the house registration fee calculation price stipulated by the Provincial People's Committee. If the Provincial People's Committee does not have regulations on the house registration fee calculation price, then the regulations of the Ministry of Construction regarding house classification, basic construction standards and norms, and the actual remaining value of the structures on the land shall be used.
For construction projects under construction, the value is determined based on the capital contribution ratio to the total contract value multiplied by the construction registration fee calculation price stipulated by the Provincial People's Committee. If the Provincial People's Committee has not yet stipulated the unit price, the construction investment cost rate published by the Ministry of Construction, currently in effect at the time of transfer, shall be applied.
In cases of subleasing where the sublease price in the contract is lower than the price stipulated by the Provincial People's Committee in accordance with the land law at the time of subleasing, the sublease price shall be determined based on the price stipulated by the Provincial People's Committee.
The time of determining taxable income from the transfer of real estate is as follows:
In cases where the transfer contract does not stipulate that the buyer will pay the tax on behalf of the seller, the time of determining taxable income is the time when the transfer contract becomes effective according to the law.
In cases where the transfer contract stipulates that the buyer will pay the tax on behalf of the seller, the time of determining taxable income is the time of completing the procedures for registering the right to use and own the real estate.
In the case of individuals receiving the transfer of housing under construction or land use rights associated with future construction projects, the time of determining taxable income is the time the individual submits the tax declaration to the tax authority.
Individuals contributing real estate as capital are not required to declare and pay transfer tax at the time of contribution. However, upon capital transfer, withdrawal, or dissolution of the business, the organization receiving the capital contribution will declare and pay tax on the income from the transfer of real estate contributed by the individual.
Furthermore, the draft Decree also continues to inherit the current regulations clearly stipulating that income from the transfer of real estate includes authorized activities where the authorized person has full ownership rights over the real estate as prescribed by civil law (for forms of authorized real estate transfer where the authorized person only receives remuneration and does not have full ownership rights over the real estate as prescribed by civil law, tax is paid from salary and wages on the received remuneration); some regulations on tax declaration and tax payment on behalf of others for real estate that is mortgaged, guaranteed, or carried out according to a court decision...
