Vietnam: Guidance on imposition of land prices in the bordering areas between provinces upon the compilation of the land price list

On May 15, 2014, the Government of Vietnam issued Decree No. 44/2014/NĐ-CP on land prices.

Hướng dẫn xử lý giá đất giáp ranh giữa các tỉnh khi xây dựng bảng giá đất, 44/2014/NĐ-CP

According to Decree No. 44/2014/NĐ-CP of Vietnam’s Government, the imposition of land prices in the bordering areas between provinces and centrally run cities (hereinafter referred to as provinces) upon the compilation of the land price list is guided as follows:

- The bordering areas between provinces (hereinafter referred to as the bordering areas) are classified into:

+ Agricultural land in the bordering area is the area of land within a province which extends at most 1,000 m from the boundary of such province.

+ Non-agricultural land in the bordering area is the area of land within a province which extends at most 500 m from the boundary of such province.

+ Bordering area separated by rivers, lakes, canals of which the width is at most 100 m is the area of land within a province which extends from the bank of each side of such rivers, lakes, canals as prescribed in Point a and Point b in this Clause. If the width of a river, lake, or canal is more than 100 m, then it is not classified as a bordering area.

- Bordering areas having the same purpose, or likely to generate profits/incomes from the similar use are imposed the same price. If those aspects are different, the prices for land in the bordering area can be different but the difference must not exceed 30%

- The People’s Committee of the province shall send the draft of the local land price list to the People’s Committee of the province where the bordering area is located and publish the local draft land price list on the website of the People’s Committee and Department of Natural Resources and Environment of that province.

+ If the difference in the bordering land price in the draft land price list exceeds the level prescribed in Clause 2 this Article, the People’s Committee of the province where the bordering area is located shall decide the bordering land price.

+ In case the People’s Committee of such province can not decide the bordering land price, it is required to send a report to the Ministry of Natural Resources and Environment before September 15 in the year the land price list is formulated for consideration. If the People’s Committee of such province and the Ministry of Natural Resources and Environment can not decide the bordering land price, the Ministry of Natural Resources and Environment shall send a report to the Prime Minister for consideration.

- The People’s Committee of the province shall cooperate with other organizations in dealing with the difference in the bordering land price during the time of the compilation of the land price list.

View more details at Decree No. 44/2014/NĐ-CP of Vietnam’s Government, effective from July 01, 2014.

Le Hai

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