Newly issued Resolution 73/NQ-CP on authorization to decide on specific land prices in Vietnam

Newly issued Resolution 73/NQ-CP on authorization to decide on specific land prices in Vietnam (Internet image)

1. Newly issued Resolution 73/NQ-CP on authorization to decide on specific land prices

According to Resolution 73/NQ-CP dated May 6, 2023, the Government allows the People's Committees of the provinces and centrally-run cities to base themselves on the provisions of the Law on Organization of Local Government, Conclusion 14-KL/TW dated September 22, 2021 of the Politburo, and the actual situation of localities in implementing authorization for district-level People's Committees:

- Decide on specific land prices to calculate 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.

- To decide on the establishment of the Land Price Appraisal Council, its members include:

+ The chairperson of the district-level People's Committee shall act as the chairman of the council, and the leader of the district-level financial agency shall act as the council's permanent member;

+ 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 to determine land prices or experts on land prices, and other members decided by district-level People's Committees.

The district-level Division of Natural Resources and Environment assists the district-level People's Committee in organizing land price determination.

At the same time, the People's Committees of the provinces and centrally-run cities must ensure financial conditions, human resources, and other necessary conditions for district-level People's Committees to decide on specific land prices as authorized under regulations;

Guiding and inspecting the performance of the assigned tasks and powers and taking responsibility for the results of the performance of the tasks and powers that they have authorized; to strengthen inspection, supervision, and control of power, fight against negativity, corruption, waste, and abuse of policies for personal gain.

2. Authority to decide on specific land prices in Vietnam

The authority to decide on specific land prices under Clause 3, Article 114 of the Land Law 2013 is as follows:

- Provincial People's Committees decide on specific land prices. Provincial-level land management agencies are responsible for assisting the provincial-level People's Committees in organizing the determination of specific land prices. During the implementation process, the provincial land management agency may hire an organization with the function of consulting on land price determination to advise on determining specific land prices.

- The determination of the specific land price must be based on the investigation and collection of information on the land parcel, the market land price, and information on the land price in the land database; apply the appropriate land valuation method. Based on the results of consulting on land price determination, the land management agency of the province shall submit it to the Land Price Appraisal Council for consideration before submitting it to the People's Committee of the same level for decision.

- The Land Price Appraisal Council consists of the Chairman of the Provincial People's Committee as Chairman and representatives of relevant agencies, organizations, and organizations with the function of consulting on land price determination.

More details can be found in Resolution 73/NQ-CP takes effect from the date of signing and implementation until the Land Law (amended) is approved by the National Assembly to replace the Land Law 2013 and takes effect.

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