Proposed 11 cases of applications of land price tables in Vietnam (Draft Law on amendments on Land Law)

Proposed 11 cases of applications of land price tables in Vietnam (Draft Law on amendments on Land Law) (Internet image)

Regarding this issue, LawNet would like to answer as follows:

Agencies are collecting opinions on the Draft Law on amendments on Land Law. Thus, some issues related to the land price list are proposed as follows:

1. Additional cases of applications of land price tables in Vietnam

According to Clause 3, Article 154 of the Draft Law on amendments on Land Law, the land price tables in Vietnam shall be applied in the following cases:

- Calculating land use fees when the state recognizes the residential land use rights of households and individuals; changes the land use purpose of households and individuals;

- Calculating land rent when the State leases land with an annual rental payment; (New rules added)

- Calculating land use tax and tax for projects that are behind schedule or do not put land to use;

(Currently, there is no tax calculation case for projects that are behind schedule or do not put the land to use.)

- Calculation of income tax from land use rights transfer for households and individuals; (New rules added)

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

- 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 the person who voluntarily returns the land to the State in case the returned land is land allocated by the State with collection of land use levy, recognized land use rights with collection of land use levy, or leased land with one-off rental payment for the entire lease period;

- Calculation of starting price in case of auction of land use rights for land allocation or land lease. (New rules added)

- Serving as a basis for calculating land rental prices for underground works and aerial works. (New rules added)

Note: For cases of non-agricultural land use tax calculation, land rental payment for annual land rental, the land price for calculation of non-agricultural land use tax and land rental payment for annual land rental is stable in 5 years.

2. Issuance of 01 new land price table each year (proposal) in Vietnam

The Draft Law on amendments on Land Law assigns localities to issue land price lists close to market prices. This land price list will be the basis for implementing activities to collect financial obligations for land.

Simultaneously, in order to determine the land price list suitable for the market, it is necessary to build a database on the market land price in the localities as well as continue to research to amend the regulations on the method of determining land prices.

Clause 1, Article 154 of the Draft Law on amendments on Land Law stipulates that the annual land price list shall be publicly announced and applied from January 1 of the year.

(Currently, the Land Law 2013 stipulates that the land price list is established every five years and publicly announced on January 1 of the first year.)

In addition, based on the principles and methods of land valuation, 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; 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.

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 up to each land parcel according to the value zone and standard land plot.

See more content in the Draft Law on amendments on Land Law.

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