Resolution No. 73/NQ-CP: The Provincial-level People’s Committee is authorized to decide on specific land prices for the district-level People’s Committee?
- Who decides the council for land price appraisal and specific land prices in Vietnam?
- Government of Vietnam issues Resolution on authorizing district-level People's Committees to decide on specific land prices?
- Until when is the authorization to decide on specific land prices and the establishment of the Council for land price appraisal in Vietnam?
Who decides the council for land price appraisal and specific land prices in Vietnam?
Pursuant to the provisions of Article 12 of Joint Circular No. 87/2016/TTLT-BTC-BTNMT guiding the appraisal of the draft land price table of the council for land price appraisal, the appraisal of the land price plan of the council for land price appraisal:
- Based on the actual situation in the locality, the People's Committee of the province shall decide to establish a council for land price appraisal in the form of a fixed council or an ad hoc council to appraise the draft land price plan in the local.
- The composition of the Council for land price appraisal is as prescribed in Clause 3, Article 16 of Decree No. 44/2014/ND-CP, specifically:
+ President of the People’s Committee of the province as the Council President.
+ Senior representative of the Department of Finance of the province as permanent Council;
+ Senior representatives of Department of Natural Resources and Environment and the People’s Committee of the district where the piece of land is located;
+ Organizations licensed to provide consultancy on land pricing or specialists in land pricing and other members appointed by the People’s Committee of the province.
- The representative of an organization with the function of consulting on land price determination participating in the Council is a person who fully meets the conditions for practicing consultancy on land price determination according to regulations and does not belong to an organization with the function of consulting on determining the leased land price to determine specific land prices.
A land price expert who joins the Council must have at least 5 years of working experience in one of the fields of land finance, price management, land management, and price appraisal.
- The President of the Council for land price appraisal shall decide to establish a working group of the Council (if necessary). The composition of the Working Group of the Council includes divisional leaders and experts of the Department of Finance, Department of Natural Resources and Environment, Department of Taxation, relevant agencies and is led by a representative of the Department of Finance.
Regarding the land price decision, according to Clause 3, Article 114 of the 2013 Land Law of Vietnam stipulating as follows:
Land price tables and specific land prices in Vietnam
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3. Provincial-level People’s Committees shall decide on specific land prices. The provincial- level land administration agency shall assist the provincial-level People’s Committee in the determination of specific land prices. During the implementation, the provincial-level land administration agency may hire organizations having consultancy functions for advising on the determination of specific land prices.
The determination of specific land prices must be based on the investigation, collection of information about land parcels, market land price and information on land price in the land database, and based on suitable valuation methods. Based on the consultation on land price, the provincial-level land administration agency shall submit the specific land price to the council for land price appraisal for consideration before submitting it to the People’s Council of the same level for decision.
The council for land price appraisal comprises the chairperson of the provincial-level People’s Committee as the chairperson, and representatives of related agencies and organizations and the organization with the function of consultancy on land price determination.
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Thus, the Provincial-level People’s Committees shall decide on specific land prices. The provincial- level land administration agency shall assist the provincial-level People’s Committee in the determination of specific land prices.
During the implementation, the provincial-level land administration agency may hire organizations having consultancy functions for advising on the determination of specific land prices.
Resolution No. 73/NQ-CP: The Provincial-level People’s Committee is authorized to decide on specific land prices for the district-level People’s Committee?
Government of Vietnam issues Resolution on authorizing district-level People's Committees to decide on specific land prices?
Recently, the Prime Minister signed and promulgated Resolution No. 73/NQ-CP dated May 6, 2023 of the Government of Vietnam on authorization to decide on specific land prices.
According to that, Article 1 of Resolution No. 73/NQ-CP in 2023 clearly states that the People's Committees of provinces and centrally run cities shall base themselves on the provisions of the Law on Organization of Local Government, Conclusion No. 14-KL/TW dated September 22, 2021 of the Politburo and the actual situation of localities to authorize district-level People's Committees:
Firstly, decide on a specific land price for calculating compensation when the State recovers land; collect land use levy upon allocation of resettlement land; calculate land use levy and land rent when the State allocates or leases land or changes the land use purpose to households and individuals; determination of land prices for areas exceeding the quota when the State recognizes residential land use rights for households and individuals; determine the starting price for auctioning land use rights for households and individuals.
Secondly, to decide on the establishment of the Council for land price appraisal, its members include: the President of the People's Committee of the district as the President of the Council and the leader of the financial authority of the district as the permanent member of the Council; leaders of natural resources and environment agencies, relevant district-level specialized agencies and leaders of commune-level People's Committees where the land is located; organizations with the function of consulting on land price determination or experts on land prices and other members decided by the district-level People's Committees.
In addition, the Resolution also stipulates that the People's Committees of the provinces and centrally-run cities must ensure financial conditions, human resources and other necessary conditions for the district-level People's Committees to carry out the authorized decision on specific land prices;
At the same time, guide and inspect the performance of the assigned tasks and powers and take responsibility for the results of the performance of the tasks and powers that they delegate; strengthen inspection, supervision, control of power, fight against negativity, corruption, waste and abuse of policies for personal gain.
Until when is the authorization to decide on specific land prices and the establishment of the Council for land price appraisal in Vietnam?
According to the provisions of Article 3 of Resolution No. 73/NQ-CP in 2023, clearly stating the application period of this regulation as follows:
This Resolution takes effect from the date of signing for promulgation and implementation until the Land Law (amended) is approved by the National Assembly to replace the 2013 Land Law and takes effect.
According to that, the authorization of the Provincial-level People’s Committee to decide on specific land prices and the establishment of a Council for land price appraisal for the District-level People’s Committee will be implemented from May 6, 2023 until the Land Law (amended) passed by the National Assembly and entered into force.
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