In what cases is the specific land price applied in Vietnam? In what cases does the Chairman of the District People's Committee have the authority to decide the specific land price in Vietnam?
In what cases is the specific land price applied in Vietnam? In what cases does the Chairman of the District People's Committee have the authority to decide the specific land price in Vietnam? – Mr. Khoa (Ha Noi)
In what cases is the specific land price applied in Vietnam?
Clause 1, Article 160 of the Land Law 2024 states that the specific land price is applied in the following cases:
(1) Calculation of land use levy for organizations when the State allocates land with land use levy without auctioning the right to use land, without bidding to select investors for projects using land, allocating land with land use levy for winning bidders or economic organizations established by winning bidders to implement projects using land, recognizing land use rights, allowing change of land use purpose that requires payment of land use levy;
(2) Calculation of land rental when the State leases the land with one-time rental for the entire lease period, except for cases through auctioning the right to use the land;
(3) Calculation of land use rights value when state-owned enterprises are privatized according to the law on privatization;
(4) Determination of the starting price for auctioning the right to use land when the State allocates or leases land, except for cases applying the land price list to calculate the starting price for auctioning the right to use land when the State allocates or leases for land parcels or areas that have been invested in technical infrastructure according to detailed construction planning;
(5) Calculation of land use levy, land rental when extending land use, adjusting land use duration, adjusting detailed construction planning; allowing land use conversion;
(6) Calculation of compensation when the State expropriates land.
In what cases is the specific land price applied in Vietnam? In what cases does the Chairman of the District People's Committee have the authority to decide the specific land price in Vietnam? - image from the internet
In what cases does the Chairman of the District People's Committee have the authority to decide the specific land price in Vietnam?
In Clause 2, Article 160 of the Land Law 2024, the provisions regarding specific land prices are as follows:
Specific land prices:
...
2. The authority to decide on specific land prices is defined as follows:
a) The Chairman of the Provincial People's Committee decides on specific land prices in cases of land allocation, land leasing, permission for change of land use purpose, recognition of land use rights, land use extension, adjustment of land use terms, adjustment of detailed construction planning, land expropriation, determination of starting prices for land use rights auction, and determination of land use value in the privatization enterprises, under the authority of the Provincial People's Committee as prescribed by this Law.
b) The Chairman of the District People's Committee decides on specific land prices in cases of land allocation, land leasing, permission for land use conversion, recognition of land use rights, land use extension, adjustment of land use terms, adjustment of detailed construction planning, land expropriation, determination of starting prices for land use rights auction under the authority of the District People's Committee as prescribed by this Law.
3. The land management agency is responsible for assisting the Chairman of the People's Committee at the same level in organizing the determination of specific land prices. During the implementation process, the land management agency can hire consulting organizations to determine the land prices and specify the specific land prices.
4. For areas where land prices are already specified for each land parcel based on the value zone, the specific land prices are determined according to the land price list at the time of land valuation.
5. The Government of Vietnam shall elaborate on this Article.
Therefore, the Chairman of the District People's Committee has the authority to decide on specific land prices in the following cases:
- Land allocation, land leasing, permission for land use conversion, recognition of land use rights, land use extension, adjustment of land use terms
- Adjustment of detailed construction planning, land expropriation, and determination of starting prices for land use rights auction under the authority of the District People's Committee.
What are the rights and obligations of an organization for land price determination consultancy in Vietnam?
According to Article 162 of the Land Law 2024, the rights and obligations of an organization for land price determination consultancy are as follows:
- Rights:
+ The organization has the right to receive land price determination consultancy services.
+ It has the right to request relevant hiring parties, agencies, organizations, and individuals to provide information and documents necessary for land price determination as prescribed by law.
+ It is entitled to other rights as stipulated by law.
- Obligations:
+ The organization must adhere to the principles, basis, methods, and procedures for land valuation as specified by this Law and other relevant regulations.
+ It must conduct independent, objective, and honest activities in land price determination consultancy.
+ It is obligated to ensure the professional ethics of the valuators within its organization.
+ It is responsible for the professional activities related to land price determination consultancy and appraisal.
+ It must carry out land price determination consultancy in accordance with the provisions of the Land Law and other relevant regulations.
+ It is subject to inspection and examination by competent state authorities. It must report the results of the land price determination consultancy when requested by the land management agency at the provincial level where its main office is registered or where the consultancy is conducted.
+ It must register the list of valuators and any changes or additions to the list with the land management agency at the provincial level where its main office is registered.
+ It is responsible for conducting land determination consultancy, appraisal of land price lists, and specific land prices. It must appoint representatives to participate in the Council for Appraisal of Land Price Lists and the Council for Appraisal of Specific Land Prices when requested by competent state authorities.
+ It must maintain records and documents related to the results of land price determination consultancy.
+ It has other obligations as stipulated by law.
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