The Ministry of Agriculture and Environment (MARD) is drafting a law amending and supplementing a number of articles of the 2024 Land Law. One of the notable points is the amendment and supplement to Article 159 on land price tables. Accordingly, the drafting agency proposes two options.
Land and housing prices in many localities have recently increased sharply even though the new land price list has not been applied.
Option 1, the land price list is applied to calculate land use fees and land rent when the State allocates land or leases land without auctioning land use rights; extends land use, recognizes land use rights, allows change of land use purpose but must pay land use fees; Calculates land use fees and land rent when adjusting land use term, adjusting planning, allowing change of land use form; Calculates starting price for auctioning land use rights when the State allocates land with land use fees collected, leases land, etc.
With this option, the land price list is built according to area and location. For areas with digital cadastral maps and land price databases, the land price list is built for each plot of land.
The People's Committee at the same level shall decide on the periodic land price list every five years and shall announce and apply it from January 1 of the first year of the period. In case it is necessary to supplement the land price list during the year, the Provincial People's Committee shall decide.
Option 2: The land price list is only applied to calculate land use fees and land rent when the State allocates land, leases land, allows change of land use purpose, recognizes land use rights, calculates taxes and fees related to land use, exercises rights and obligations of land users, and compensates when the State reclaims land.
The land price table is built based on the land price adjustment coefficient. Accordingly, the land price adjustment coefficient is the increase and decrease rate of the areas and locations specified in the land price table, applied to cases of applying the land price table to adjust the land price in the land price table each year and is revised and supplemented annually.
Proposal to establish a Land Price Appraisal Council
The Provincial People's Committee decides to issue the land price adjustment coefficient applicable from January 1 every year, starting from the following year of the 5-year period of applying the land price list.
The Provincial People's Committee decides to establish a Council for appraisal of land price tables and land price adjustment coefficients, including: the Chairman of the Provincial People's Committee or 1 Vice Chairman of the Provincial People's Committee as Chairman of the Council, the Head of the provincial financial agency as Vice Chairman of the Council, members of the Provincial People's Committee who are heads of specialized agencies at the provincial level; Chairmen of the Commune People's Committees; representatives of relevant agencies and organizations, land price determination consulting organizations and experts.
The Council appraises land price lists and land price adjustment coefficients, decides to establish a Working Group to assist the Council and hires a land price consultancy organization to advise on appraising land price lists and land price adjustment coefficients.
According to the 2024 Land Law, from now until December 31, 2025, localities must be responsible for developing land price lists to promulgate and apply from January 1, 2026.
Previously, the Ministry of Agriculture and Environment reported that in the coming time, when localities issue new land price lists, prices will change a lot. Not to mention, each locality has a different range of land price adjustments, so the real estate market will be affected a lot.
A representative of the Department of Land Management - Ministry of Agriculture and Environment said that they have sent a document requesting provinces and cities to thoroughly assess the impact of the market as well as the socio -economic development potential of the locality to ensure that the provincial People's Committee decides on appropriate land prices.
Source: https://nld.com.vn/bo-nong-nghiep-va-moi-truong-de-xuat-2-phuong-an-ve-bang-gia-dat-196250729092736869.htm
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