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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
44/2014/ND-CP
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Hanoi, May 15,
2014
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DECREE
REGULATIONS ON LAND PRICES
Pursuant to Law on Government Organization
dated December 25, 2001;
Pursuant to Land Law dated November 29, 2013;
At the request of Minister of Natural
Resources and Environment
The Government promulgates Decree on land
prices
Chapter 1
GENERAL PROVISIONS
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This Decree regulates methods for land pricing,
adjustment to land price brackets and land price lists, specific land pricing
and provision of consultancy on land pricing.
Article 2. Regulated objects
1. The competent authorities in charge of land
management; the authorities in charge of formulating, adjusting and verifying
land price brackets, land prices and determining specific land prices.
2. Organizations and individuals licensed to
provide land pricing consultancy services.
3. Other relevant organizations and individuals.
Article 3. Interpretation of
terms
In this Circular, the following terms shall be
construed as follows:
1. Unoccupied plot of plan is the plot where no
houses or other assets attached to land are located at the time of land
pricing
2. Net income is an entity's total income minus total
cost.
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Article 4. Land pricing
methods
Direct comparison method is a land pricing
method meant to compare and determine the price for a particular plot of land
by analyzing prices for unoccupied plots of land with similar purposes, locations,
profitability, infrastructure, area, shape, legitimacy that have been sold on
the market or at auction (hereinafter referred to as comparable plots of land).
The subtraction method is a land pricing method
applied to the land with property attached to land by subtracting value of the
property attached to land from total value of real estate (including land value
and value of the property attached to land)
3. The income-based method is a method
used to determine land price by dividing the average annual net income from a
land unit by average annual interest rate of 12-month term deposit on the
pricing date at a state-owned commercial bank of which the deposit interest
rate is highest in that province.
4. The surplus-based method is a method used to
determine the price of the land with development potential as a result of
changes of zoning or purposes by subtracting estimated total cost from
estimated total revenue of the real estate.
5. The method using land price coefficient
(hereinafter referred to as the coefficient method) is the method used to
determine land price by multiplying the land price coefficient by the land
price in the land price lists promulgated by the People's Committees of
provinces and centrally run cities (hereinafter referred to as provinces)
Article 5. Application of
land pricing methods
1. Information on application of land pricing
methods must satisfy these regulations:
a) Information on the prices of land sold on the
market or sold at auction, the land price on the land database, the price on
the real estate exchange, the land price determined by the cost and income of
the land plot (hereinafter referred to as the market price) must be objective
and accurate.
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b) Information preferably used for applying land
pricing methods to the land pricing area at the time closest to the time of
land pricing is prescribed in point a this Article
2. Conditions of application of land pricing
methods
a) The direct comparison method is applied to
determine the land price when comparable plots of land are sold on the market
or at auction.
b) The subtraction method is applied to
determine the land price of the plot of land with property thereon when there
is sufficient data on the real estate price (including land and assets) which
is similar to the land sold or sold at auction;
c) The income-based method is applied to
determine the plot of land of which income and land use cost are already
determined;
d) The surplus-based method is applied to
determine the plots of land with development potential as a result of changes
of zoning or purposes of land when the total estimated revenue and expenses can
be determined;
e) The co-efficient method is applied in some
cases prescribed in Clause 2 Article 18 in this Decree.
Chapter 2.
FORMULATION OF AND ADJUSTMENT TO LAND
PRICE BRACKETS, LAND PRICE LISTS, SPECIFIC LAND PRICING AND PROVISION OF
CONSULTANCY ON LAND PRICING
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Article 6. Basis of
for formulation of land price bracket
The formulation of land price bracket must be
based on land pricing rules prescribed in Article 112 of the Land Law, methods
of land pricing prescribed in Clauses 1, 2, 3, 4 Article 4 in this Decree; the
result of analyzed and synthesized information about the market price of land,
the natural, economic, and social factors, management and use of land affecting
the land price.
Article 7. Regulations on
land price bracket:
1. Regulations on the maximum, minimum prices
shall be applied to these following types of land
a) Agricultural land:
- Price bracket for land on which annual plants
are planted including paddy fields and land for other annual crops
- Price bracket for land on which perennials are
planted.
- Price bracket for production forest land.
- Price bracket for aquaculture land
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b) Non-agricultural land
- Residential land price bracket in rural areas;
- Commercial land price bracket in rural areas;
- Price bracket for non-agriculture land used
for production/business other than commercial land in rural areas
- Residential land price bracket in urban areas;
- Commercial land price bracket in urban areas;
- Price bracket for non-agriculture land used
for production or business other than commercial land in urban area
2. Land price brackets vary according to these
economic regions and class urban areas including:
a) The economic regions include: Southeast, Red
River Delta, Mekong Delta, Northeast and Northwest, North Central Coast, South
Central Coast, Central Highlands
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b) Class urban areas include: Special class,
class I, class II, class III, class IV and class V.
The land price bracket for non-agricultural land
in urban areas depends on the economic regions and class of urban areas.
3. Price brackets shall be used by the People’s
Committee of the province to compile local land price lists.
Article 8: Procedure for
formulation of land price bracket
1. The procedure for formulation of the land
price bracket includes:
a) Defining the types of land, economic regions
and class urban areas
b) Investigating, synthesizing and analyzing the
information about the market price of land, the natural, social, and economic
factors, management and use of land affecting the land price.
c) Analyzing, evaluating the result of
implementation of the current land price bracket.
d) Formulating the land price bracket and making
a written request for the promulgation of the land price bracket.
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e) Verifying the draft land price bracket;
g) Completing the land price bracket and
submitting it to the government for promulgation.
2. The application for the promulgation of the
land price bracket
a) A written request for the promulgation of the
land price bracket
b) The draft land price bracket;
c) A description of the land price bracket
formulation;
d) A record on verification of the land price
bracket
3. Ministry of Natural Resources and Environment
shall formulate the land price bracket and request the Government to promulgate
it every 5 years. The Ministry of Finance shall verify the land price bracket.
Article 9. Adjustment to the
land price bracket
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2. Adjustment to land price bracket include:
a) Adjustment to the maximum, minimum prices of
one, some or all of the types of land prescribed in the land price bracket.
b) Adjustment to the land price bracket(s) of
one, some or all of the economic regions or classes of urban areas.
3) The procedure for adjusting the land price
bracket includes:
a) Defining the types of land, economic regions
and class urban areas of which the price brackets need adjusting.
b) Investigating, synthesizing, analyzing the
information about the market price of land, the natural, economic, and social
factors, management and use of land that affect the land price.
c) Analyzing, evaluating the result of the
current land price bracket
d) Formulating the adjusted land price bracket
and sending a written request for the land price bracket adjustment.
dd) Conducting a survey into the draft land
price bracket;
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g) Completing the adjusted land price bracket
and requesting the Government to promulgate it.
4. The application for promulgation of the
adjusted land price bracket includes:
a) A written request for the promulgation of the
adjusted land price bracket
b) The draft of the adjusted land price bracket
c) A description of formulation of the adjusted
land price bracket
d) A record on verification of the adjusted land
price bracket
Ministry of Natural Resources and Environment
shall formulate the adjusted land price bracket and request the Government to
promulgate it. The Ministry of Finance shall verify the adjusted land price
bracket.
Section 2. COMPILATION AND
ADJUSTMENT TO LAND PRICE LIST
Article 10: The basis for
compilation of the land price list
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Article 11. Regulations on
the land price list
1. Regulations on the land price list are
applied to these following types of land:
a) The price list for land which annual plants
are planted including paddy fields and areas for other annual crops
b) The price list for land on which perennials
are planted.
c) The price list for production forest
land;
d) The price list for aquaculture land;
dd) The price list for land used for salt
production
e) The price list for residential land in rural
areas;
g) The price list for commercial land in rural
areas;
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i) The price list for residential land in urban
areas;
k) The price list for commercial land in urban
areas;
l) The land price list of land for production or
business other than commercial land in urban areas.
Apart from the land price lists prescribed in
this Clause, a specific price list of types of land which are classified in
Article 10 of the Land Law shall be promulgated by the People’s Committees of
provinces in order to suit local markets.
2. The land price list is formulated based on
the land location. In provinces where cadastral maps are available, manpower
and funding are adequate, each plot of land shall have a specific price.
3. Regulations on the land prices in the land
price list:
3. Every type of land shall apply its corresponding
land price bracket under the regulations prescribed in Article 7 in this
Decree.
With regard to residential land in urban areas,
commercial land in urban areas, the non-agricultural land other than commercial
land in urban areas which are profitable and suitable to be used as business
premises, the People’s Committee of the province shall impose a higher price
but not more than 30% of the maximum price of the same type of land in the land
price bracket depending on the local market. If the land price imposed is
higher than 30%, it is required to send a report to the Ministry of Natural
Resources and Environment for consideration.
With regard to the agricultural land in
residential areas or administrative boundaries of wards, the People’s Committee
of provinces shall impose a higher price but not more than 50% in comparison
with the maximum price of the same type of land in the land price bracket.
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c) With regard to other agricultural land, the
People’s Committee of provinces shall impose land prices depending on the price
of the agricultural land in the nearby areas as prescribe in the land price
list.
d) The People’s Committee of the province shall
impose prices of land used for profitable public services according to prices
for depending on the prices of land used for production or business, and impose
prices of land for construction of public service facilities or offices
according to prices of residential land in nearby areas mentioned in the land
price list.
e) The area of rivers, canals, streams and water
surface used for aquaculture shall apply the land price bracket for aquaculture
land; for those used for non-agriculture purposes or for non-agriculture
purposes combined with aquaculture purposes, the People’s Committee of the
province shall impose land prices depending on the non-agriculture land prices
in the nearby areas.
4. In case the unoccupied land is allocated or
leased out by the competent authorities, the People’s Committee of the
provinces shall impose land prices depending on the pricing method and the
price of the land with the same purpose.
5. The land price list serves as a basis to be
applied to cases prescribed in Clause 2 Article 14 in the Land Law.
Article 12. Procedure for
the compilation of the land price list
1. The procedures for the compilation of the
land price list include:
a) Classifying land in the province by location
(in the plain, midland, highland, and classes of urban areas);
b) Investigating, analyzing, synthesizing the
market prices of land, the natural, economic, and social factors, management
and use of land that affect land prices.
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d) Formulating the land price list and making a
written request of its promulgation; imposing prices for land in bordering
areas prescribed in Article 13 of this Decree;
dd) Conducting a survey into the draft land
price list.
e) Completing the draft land price list and
submitting it to the People’s Committee of the province.
g) Verifying the draft land price list.
h) Submitting the People’s Council at the same
level for approval.
i) The People’s Committee of the province shall
promulgate the land price list.
2. The application for promulgation of land
price list submitted to the People’s Committee of the province consists of:
a) A written request of the compilation of the
land price list;
b) The draft land price list.
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d) A record on land price verification.
3. The application for the compilation of land
price list submitted to the People’s Council of the province consists of: A
written request of the People’s Committee of the province, the draft land price
list and a description of the compilation of the land price list.
4. The Verifying Council which is established by
the People’s Committee of province and in charge of verifying the land price
list includes:
a) A senior representative of the People’s
Committee of province as the Council President.
b) A senior representative of the Department of
Finance of the province as the permanent member, senior representatives of the
Department of Natural Resources and Environment, and Department of Justice of
the province , the People’s Committee of the districts, towns, provincial
cities (hereinafter collectively referred to as the People’s Committee of
Districts), organizations licensed to provide consultancy on land pricing
services or specialists in land price and other members chosen by the People’s
Committee of the province.
5. The Department of Natural Resources and
Environment of the province shall impose the local land price list and request
the People’s Committee of the same province to promulgate it every 5 years and
publish it on January 1st in the first year of this 5-year period.
Article 13. 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
1. The bordering areas between provinces
(hereinafter referred to as the bordering areas) are classified into:
a) 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.
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c) 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 an bordering
area.
2. 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%
3. 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.
4. 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.
Article 14. Adjustment to
the land price list
1. Cases in which the land price list is
adjusted:
a) The land price bracket adjusted by the
Government increased by 20% or more in comparison with the maximum land price
or decreases by 20% or more in comparison with the minimum land price in the
land price list of the similar land.
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2. Adjustment to the land price list:
a) Adjustment to the price of one, some or all
of the land types in the land price list;
b) Adjustment to the price of one, some or all
of the land locations.
3. The land prices in the adjusted land price
list must comply with the land price bracket and regulations on the difference
in the bordering land price prescribed in Clause 2 Article 13 this Decree.
4. Procedure for adjusting the land price list:
a) Defining the land type, the location needing
adjustment in the land price list;
b) Investigating, analyzing, synthesizing the
information about the market price of land, the natural, economic, and social
factors, management and use of land that affect land prices
c) Analyzing, evaluating the result of the
implementation of the current land price list.
d) Formulating the adjusted land price list and
making a written request for the promulgation of the adjusted land price list;
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e) Completing the draft land price list and
submitting it to the People’s Committee of the province.
g) Verifying the draft of the adjusted land
price list;
h) Submitting the draft of the adjusted land
price list to the Permanent People’s Council at the same level for approval and
reporting it to the People’s Council in the upcoming meeting.
i) Promulgating the adjusted land price list.
5. Application for the adjustment to the land
price list submitted to the People’s Committee of the province consists of:
a) A written request for the promulgation of the
adjusted land price list
b) The draft of the adjusted land price list;
c) A description of the compilation of the
adjusted land price list;
d) A record of the inspection of the adjusted
land price list.
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7. The Department of Natural Resources and
Environment shall formulate the local adjusted land price list and request the
People’s Committee of the province to promulgate it.
Section 3: Specific land
pricing
Article 15. Determination
of specific land prices
1. Pursuant to the land pricing rules prescribed
in Article 112 in the Law Land, the land pricing methods prescribed in Clauses
1, 2, 3 and 4 Article 4 in this Decree and the result of analysis of collected
information about the plot of land, the market price of land, the People’s
Committee of the province shall impose the specific land price
2. The specific land price serves as a basis for
the cases prescribed in Clause 4 Article 114, Clause 2 Article 172 and Clause 3
Article 189 of the Land Law; the reserve price at land auction when the
government allocates levied land or leases out land and collect the rent in a
lump sum.
Article 16. Procedure for
specific land price determination
1. The procedure for specific land price
determination includes:
a) Defining the purpose of specific land pricing
b) Investigating, synthesizing, analyzing the
information about the plot of land, the market price of land; applying the land
pricing methods
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d) Inspecting the land pricing plan;
dd) Completing the draft land pricing plan and
submitting it to the People’s Committee of the province for approval.
e) The Committee of the province shall impose
land prices.
2. The application for specific land pricing
submitted to the Committee of the province for approval consists of:
a) A report on the land pricing plan;
b) The draft land pricing plan;
c) A description of the formulation of the land
pricing plan;
d) A record of the inspection of the land
pricing plan.
3. The land pricing shall be verified by a
Verifying Council which is established by the People’s Committee of the
province and consists of:
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b) Senior representative of the Department of
Finance of the province as permanent Council; senior representatives of
Department of Natural Resources and Environment and the People’s Committee of
the district where the piece of land is located, organizations licensed to
provide consultancy on land pricing or specialists in land pricing and other
members appointed by the People’s Committee of the province.
Article 17. Appointment of
the organization providing consultancy on land pricing services.
1. The Department of the Natural Resources and
Environment of the province shall make the land pricing plan, submit it to the
People’s Committee of the province for approval and implement the approved
plan.
2. The appointment of the organization providing
consultancy on land pricing services is prescribed in the law on auction
Article 18. Specific land
pricing following the coefficient-based method.
1. The People’s Committee of the province
regulates the land price coefficient to determine the specific land price
depending on the common market price of land, the local social and economic
conditions and the land price list.
2. The specific land price determined by the
coefficient method prescribed in Clause 5 Article 4 in this Decree is applied
to:
a) The cases mentioned in Points a, b, c, and d
Clause 4 Article 114, Clause 2 Article 172, and Clause 3 Article 189 of the
Land Law in which the plot of land is worth below VND 30 billion (applied to
land in centrally-run cities), below VND 10 billion (applied to land in
highlands), or below VND 20 billion (applied to other provinces); the cases in
which annual rent for leased land is adjusted; reserve price at land auction
when the government leases out land and collect land rent annually.
b) Cases prescribed in point dd Clause 4 Article
114 of the Land Law with regard to the adjacent plots of land having the same
purpose and profitability from the such purpose.
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With regard to cases prescribed in point b
Clause 2 this Article, the People’s Committee of the province shall regulates
the land price coefficient to be applied to each plan at the time the land is
revoked by the Government
4. Responsibility for establishment of land
price coefficient
a) The Department of Finance of the province
shall cooperate with the Department of Natural Resources and Environment of the
province and other relevant Departments and Boards to formulate the land price
coefficient and submit it to the People’s Committee of the province regulating
the land price coefficient as prescribed in Point 2 Clause 2 this Article.
b) Department of Natural Resources and
Environment of the province shall cooperate with the Department of Finance of
the province and other relevant Departments and Boards to formulate the land
price coefficient and submit it to the People’s Committee of the province for
approval as prescribed in point b Clause 2 this Article.
5. Ministry of Natural Resources and Environment
shall cooperate with the Ministry of Finance to give guidance on establishment
of the land price coefficient.
Section 4: CONSULTANCY ON LAND
PRICING
Article 19. Principles of
the consultancy on land pricing
The organizations licensed to provide the
consultancy on land pricing services must:
1. Apply the principles, land pricing methods,
procedure, contents when formulating the land price bracket, the land price
list and determining land prices.
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3. Perform duties as prescribed in Clause 2
Article 116 in the Law Land.
Article 20. Conditions for
providing the consultancy on land pricing services
1. The organizations providing consultancy on
land pricing must:
a) Be licensed to provide consultancy on land
pricing, real estate valuation or consultancy on real estate valuation;
b) Have at least 3 pricing experts eligible to
provide consultancy on land pricing as prescribed Decree Clause 2 this Article.
2. Individuals providing consultancy on land
pricing must be personnel of an organization licensed to provide consultancy on
land pricing and must:
a) Be capable of civil acts;
b) Have a moral sense, integrity, honesty and
objectivity;
c) Have at least a Bachelor’s degree in land
management, pricing, price inspection, land survey, real estate business, real
estate economy and other majors related to land pricing;
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e) Have the Pricing Expert’s Cards issued under
regulations of pricing law or Certificates in real estate valuation issued
under regulations of law on real estate business or Certificates in land
pricing.
Chapter 3.
IMPLEMENTATION
Article 21.
Responsibilities of Ministries, Boards and the People’s Committee of provinces
1. The Ministry of Natural Resources and
Environment shall:
a) Formulate the land price bracket and request
the Government to promulgate.
b) Give instructions on land pricing method;
compilation of the land price list, the adjustment to land price list, specific
land pricing under the regulations; consultancy on land pricing; formulation,
update, management and use of the land price database in the land information
system; formulation of land price map.
c) Inspect and penalize violations of land
pricing method, the land price list, specific land price, land use right
auction and consultancy on land pricing under the law.
d) Launch training programmes of law on land and
land pricing;
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2. The Ministry of Finance shall:
a) Inspect the land price bracket, the specific
land price bracket;
b) Cooperation with the Ministry of Natural
Resources and Environment to give instructions on the inspection of land price
list and specific land pricing of the land price list inspection Council, land
price inspection Council.
3. The People’s Committee of provinces shall:
a) Formulate, adjust and promulgate the land
price list; impose specific land price; regulate the land price coefficient
b) Examine the implementation of law on local
land price; deal with obstacles arising to land price within their competence.
c) Inspect and sanction the violations of land
price and the local consultancy on land pricing;
d) Formulate, update, manage and use the
database of the local land price, formulate the land price map under the regulations
of the Ministry of Natural Resources and Environment, publish the land price
index;
dd) Send an annual report on the implementation
of regulations of the law on local land price to the Ministry of Natural
Resources and Environment.
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Article 22: Handling of
problems arising after this Decree takes effect
1. The specific land price proposed by competent
authorities before July 01, 2014 that has not been approved by the People’s
Committee of the province shall be submitted to the Verifying Council for
approval before the People’s Committee of the province gives a decision.
2. Any province signing a contract with the
organization providing consultancy on land pricing before July 01, 2014 shall
continue implementing such contract; the result of consultancy on land pricing
shall be submitted to the land pricing inspection Council before the People’s
Committee of that province give a decision.
3. The land price list promulgated by the
People’s Committee of the province in 2014 shall be applied until December 31,
2014.
Chapter 4
IMPLEMENTATION CLAUSES
Article 23. Effect
1. This Decree takes effect from July 01, 2014
2. This Decree replaces the Decree No.
188/2004/ND-CP dated November 16, 2004 of the Government on the land pricing
methods and the land price bracket and Decree No. 123/2007/ND-CP dated July 27,
2007 of the Government on adjustments to some articles in the Decree No.
188/2004/ND-CP; annuls the regulations on the land prices prescribed in Clause
6 Article 1 in Decree No. 189/2013/ND-CP dated November 20, 2013 of the
Government, which amends some Articles of Decree No. 59/2011/ND-CP on
conversion of wholly state-owned enterprises into joint stock companies
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Ministers, heads of ministerial-level agencies,
heads of government-attached agencies, presidents of People's Committees of
provinces, relevant organizations and individuals shall implement this
Decree./.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung