Will the order of formulating land price lists in Vietnam be supplemented to the revised Land Law? What is the land price list used for?
Will the order of formulating land price lists in Vietnam be supplemented to the revised Land Law?
In the draft Land Law (amended) here, the Ministry of Natural Resources and Environment has proposed to supplement the order of formulating the land price list.
Specifically, Article 154 of the Draft Land Law (as amended) has the following content:
Land price list
1. The annual land price list will be made public and implemented on January 1st of each year.
Based on the principles and methods of land pricing, the Department of Natural Resources and Environment is responsible for helping the provincial-level People's Committee develop the land price list and may hire an organization with the function of consulting on land price determination to develop the land price list. land prices; submit the land price list to the Appraisal Council; based on the results of the Land Price List Appraisal Council, submit it to the Provincial People's Committee for submission to the Provincial People's Council for approval before the Provincial People's Committee decides to issue it.
2. A land price list is built according to location. For areas with digital cadastral maps and land price databases, a land price list shall be built for each land parcel according to the value zone and standard land plot.
Thus, if approved, the order to build a land price list will be implemented as follows:
- The Department of Natural Resources and Environment shall be responsible for assisting the People's Committee of the province in formulating the land price list.
Then submit the land price list to the Appraisal Council.
Based on the results of the Land Price List Appraisal Council, submit it to the Provincial People's Committee for submission to the Provincial People's Council for approval before the Provincial People's Committee decides to issue it.
Will the order of formulating land price lists in Vietnam be supplemented to the revised Land Law? What is the land price list used for? (Image courtesy of the internet)
What is the land price list in Vietnam used for?
According to the current regulations in Clause 2 and Article 114 of the 2013 Land Law, the land price list is used as a basis in the following cases:
- Land use fee calculation when:
+ The state recognizes the residential land use rights of households and individuals for the area within the quota;
+ The state allows the conversion of agricultural or non-agricultural land that is not residential land to residential land for the area within the quota of residential land allocation to households and individuals.
- Calculating land use tax;
- Calculating fee and charge in land management and use;
- Calculating fines for administrative violations in the land sector;
- Calculating compensation for the state when land management and use causes damage;
- Calculating the value of land use rights to pay the person who voluntarily returns the land to the state if the returned land is the land the state allocates with land use levy collection and recognizes the land use right with historical levy collection.land use, leased land with a one-off rental payment for the entire lease period.
In addition, in the Draft Land Law (as amended), the use cases of the Land Price List are supplemented with the following contents:
- Calculating land use fees when the state recognizes households' and individuals' residential land use rights, changes the land use purpose of households and individuals,
- Calculating land rent when the state leases land on an annual basis;
- Calculating land use tax and tax for projects that are late or do not use land;
- Calculating income tax from the transfer of land use rights for households and individuals;
- Calculating an additional land use levy in cases of delay in putting land to use or failure to put land to use;
- Calculating fee and charge in land management and use;
- Calculating fines for administrative violations in the land sector;
- Calculating compensation for the state when land management and use causes damage;
- Calculating value of land use rights to pay the person who voluntarily returns the land to the state if the returned land is the land the state allocates with land use levy collection and recognizes the land use right with historical levy collection.land use, leased land with a one-off rental payment for the entire lease period;
- Calculating the starting price in the case of a land use rights auction for land allocation or lease.
- Serving as a basis for calculating land rental rates for underground construction and aerial construction.
If the land price bracket is abolished, what factors will the land price list in Vietnam be based on?
Currently, the construction of the land price list must be based on the land price bracket. According to the draft amendments to the Land Law, the land price bracket will be abolished, and the relevant regulations on the land price list will also be revised.
Accordingly, the construction of a land price framework will be based on the principles of land valuation methods. And this is assigned to each locality to actively implement, without depending on the land price bracket as before.
See the draft land law (as amended) here.
LawNet
