Vietnam: New regulations on land price list in the Draft Land Law (amended)

1. Abolish the land price bracket

Resolution 18-NQ/TW dated June 16, 2022 stipulates: "Abolish the land price bracket, adopt the mechanism and method for determining land prices according to market principles, and regulate the functions, tasks and responsibilities of the agencies in charge of land pricing." Following the above direction, the Draft Land Law (as amended) has abolished the provisions on the land price bracket.

2. Amendments to land price list regulations

The land price list is built on the basis of principles, standards, and methods of land pricing, common land prices in the market, and land price fluctuations. The People's Committees of provinces shall develop and submit to the People's Councils of the same level for approval the land price list. the coefficient of adjustment for land price fluctuations before issuance. The land price list is established annually and publicly announced on January 1 of each year.

During the implementation of the land price list, when the common land price in the market fluctuates, the People's Committee of the province shall adjust the land price list accordingly.

The land price list stipulates the prices of different types of land by location. For areas where digital cadastral maps and market land prices are available, a land price list shall be developed according to the region's land value and standard land plot price.

(Land Law 2013 stipulates that the land price list is developed based on the principles and methods of land pricing and the land price bracket. The provincial People's Committees shall develop and submit to the People's Councils of the same level for approval the land price list before promulgation. The land price list is built every five years and publicly announced on January 1 of the first year)

Thus, the draft has determined the land price list according to the common land prices in the market and land price fluctuations instead of the current land price bracket.

In addition, the Land Price List is used as a basis in the following cases:

- Calculating land use fees when the State recognizes the residential land use rights of households and individuals for the area within the quota; permitting the change of land use purpose from agricultural land and 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 income tax from land use rights transfer; (new)

- Calculating additional land use levy for cases of delay in putting land into use or not putting land into use; (new)

- Calculation of fees and charges in land management and use;

- Calculating fines for administrative violations in the field of land;

- Calculating compensation to the state when causing damage in the management and use of land;

- Calculating the value of land use rights to pay to the person who voluntarily returns the land to the state in case the returned land is land allocated by the state with the collection of land use levy, recognition of the land use right with the collection of historical levy leased land with a one-off payment of land rental for the entire lease period;

- Calculation of the starting price in the event of an auction of land use rights to allocate or lease land to households and individuals. (new)

For details, see the Draft Land Law (as amended).

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