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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
123/2007/ND-CP
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Hanoi,
July 27, 2007
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DECREE
ON ENDMENTS TO DECREE 188/2004/ND-CP OF THE GOVERNMENT DATED
16 NOVEMBER 2004 ON PRICE DETERMINATION METHODS AND PRICE FRAMEWORKS FOR ALL
TYPES OF LAND
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government dated 25 December 2001; Pursuant to the Law on
Land dated 26 November 2003;
Pursuant to the Ordinance on Prices dated 26 April 2002; Having considered the
proposal of the Minister of Finance;
DECREES:
Article 1. To
amend a number of articles of Decree 188/2004/ND-CP of the Government dated 16
November 2004 on price determination methods and price frameworks for all types
of land (hereinafter referred to as Decree 188) as follows:
1. To
amend article 2.1(dd) as follows:
"(dd) Calculation of the
value of land use rights for collection of registration fees in accordance with
law."
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"2. Actual market price for
assignment of land use rights in normal conditions at any one specified time
means the amount of Vietnamese dong for a land area unit depending on its
particular legal use purpose, formed from the results of actual completed
transactions in the nature of common transactions between assignors and
assignees in normal commercial conditions, without any effect of elements
suddenly and inappropriately increasing or decreasing the price such as speculation,
natural calamity, enemy destruction, financial or economic crisis, change in
zoning, a forced assignment, a blood relationship assignment, an assignment
with incentives or an assignment in other cases as stipulated by the Ministry
of Finance."
3. To add
clauses 3 and 4 to article 4 as follows:
"3. Deduction method is a
method of determining the land price of a parcel of land with assets attached,
by deducting the value of the assets attached to the land from the aggregate
value of the real estate (comprising the value of the land and the value of the
assets attached to the land).
4. Surplus method is a method of
determining the land price of a vacant parcel of land with potential for
development pursuant to zoning or permission to convert its use purpose for use
in the best way, by deducting the estimated development costs from the
aggregate value of the real estate assuming it to have been developed as
proposed."
4. To amend
and add to article 5 as follows:
(a) To add new clauses 3 and 4
after clause 2 as follows:
"3. The deduction method
shall be applied to determine the land price of a parcel of land with assets
attached when there is insufficient data on the market price of similar vacant
land so as to apply the direct comparison method, and where it is possible to
collate data on the market price of parcels of land with assets attached
similar to the parcel of land being valued.
4. The surplus method shall be
applied to determine the land price of a vacant parcel of land with potential
for development pursuant to a change in zoning or conversion of use purpose,
where there are no similar market prices of assignment of land use right so as
to apply the direct comparison method."
(b) Clause 3 shall be amended to
become clause 5 as follows:
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(c) Clause 4 shall be repealed.
5. To amend
article 6 as follows:
"Article 6 Price frameworks
of all types of land
1. Land price frameworks issued
with this Decree shall apply to all types of land classified in article 6 of
Decree 181/2004/ND-CP of the Government dated 29 October 2004 implementing the
Law on Land (hereinafter referred to as Decree 181) as follows:
(a) With respect to the
agricultural land category:
- Price framework of land for
planting annual crops (Table 1);
- Price framework of land for
planting perennial crops (Table 2);
- Price framework of forest land
for production (Table 3);
- Price framework of land for
cultivation of aquacultural products (Table 4);
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- With respect to protective
forest land and specialized use forest land, the provincial people's committee
shall, on the basis of prices of forest land for production as already decided
and the price determination method for forest land stipulated in article 10.1
of this Decree, determine the specific land price level;
- With respect to the other
agricultural land stipulated in article 6.4(d) of Decree 181, the provincial people's
committee shall, on the basis of prices of adjoining agricultural land as
already decided and the price determination method for types of adjoining
agricultural land stipulated in article 10.1 of this Decree, determine the
specific land price level.
(b) With respect to
non-agricultural land category:
- Price framework of residential
land in rural areas (Table 6);
- Price framework of residential
land in urban areas (Table 7);
- Price framework of
non-agricultural land used for production or business purposes in rural areas
(Table 8);
- Price framework of
non-agricultural land used for production or business purposes in urban areas
(Table 9);
- With respect to land for
construction of offices of bodies and construction of works of professional
institutions; land used for objectives of national defence and security; land
used by religious organizations (comprising land used by religious
organizations and land on which there are communal houses, temples, shrines,
pagodas, worship halls and family shrines); and other non-agricultural land
(including land on which there are museums, houses to preserve or display works
of art, or houses of cultural and artistic compositions) the provincial
people's committee shall, on the basis of prices of adjoining residential land
or prices of land in the nearest neighbouring area (if there is no adjoining
land) as already decided, and on the basis of the provisions in article 10.1 of
this Decree, determine the specific land price level;
- With respect to land used for
public purposes as stipulated in article 6.5(b) of Decree 181 and other
non-agricultural land (including land for other private construction works
which are not attached to residential land and which are not for business
purposes; land with holiday homes, tents or farms for employees; urban land
used for construction of houses for planting purposes including the form of
planting not directly on soil; for construction of sheds to breed animals as
permitted by law; for construction of stations and farms for agricultural,
forestry, salt production and aquatic research and experiment; for construction
of barns and buildings for family households and individuals to store
agricultural produce, plant protection agents, fertilizer, machinery and other
tools for agricultural production), the provincial people's committee shall, on
the basis of prices of adjoining non-agricultural production and business land
or prices of non-agricultural production and business land in the nearest
neighbouring area (if there is no adjoining land) as already decided, and on
the basis of the provisions in article 10.1 of this Decree, determine the
specific land price level;
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- The price framework of land
for cultivation of aquacultural products shall apply to land containing rivers,
canals, channels, ditches, streams and specialized water surfaces for
cultivation of aquacultural products; if such land is used for non-agricultural
purposes or for non-agricultural purposes combined with cultivation and
exploitation of aquacultural products, then the provincial people's committee
shall, on the basis of prices of adjoining non-agricultural land or prices of
non-agricultural land in the nearest neighbouring area (if there is no
adjoining land) as already decided, and on the basis of the provisions in
article
10.1 of this Decree, determine
the specific land price level.
(c) With respect to unused land
category:
With respect to types of land in
respect of which the use purpose has not yet been determined (including unused
plains, unused hills and mountains, and rocky mountains without forest), when a
price is required, the provincial people's committee shall, on the basis of
prices of adjoining land as already decided, and on the basis of the provisions
in article 10.1 of this Decree, determine an appropriate price level. When the
unused land is brought into use pursuant to permission of the competent
authority, the provincial people's committee shall, on the basis of the price
framework of land of the same type with the same use purpose as stipulated by
the Government, determine a specific land price level.
2. The provincial people's
committee shall, on the basis of the actual prices for assignment of land use
rights in its locality, be permitted to decide on prices of specific types of
land within the permitted limits higher by no more than twenty (20) per cent of
the maximum price or lower by no more than twenty (20) per cent of the minimum
price in the price framework of the same type of land as stipulated by the
Government in article 5.1 of this Decree.
3. If in isolated cases in
remote areas and in areas with difficult socio-economic conditions or poor
infrastructure the actual market price for assignment of land use rights in
such locality in normal conditions is less than the minimum price in the price
framework of the same type of land as stipulated in article 5.1 of this Decree,
then the provincial people's committee shall decide on the specific price level
applicable in such locality and report thereon to the Ministry of Finance."
6. To amend
and add to article 8 as follows:
(a) To amend the heading of
article 8 as follows:
"Article 8 Principles for
classification of rural residential areas for purposes of price
determination"
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"(c) A mountainous region
is a land area with a height which is higher than midlands, the great majority
of which comprises high mountains and complex terrain. Population density is
low, and infrastructure and conditions for production and circulation of goods
are less favourable than midlands.
Communes in mountainous regions
shall be classified in accordance with the above-mentioned special
characteristics and in accordance with guidelines of the Committee of Ethnic
Nationalities and Mountainous Regions (now the Committee of Ethnic
Nationalities)."
(c)Clause 2 shall be repealed.
7. To amend
and add to article 9 as follows:
(a) To amend the heading of
article 9 as follows:
"Article 9 Determination of
land regions and position of each specific type of rural residential land for
purpose of land price determination."
(b) Clause 1(a) shall be amended
as follows:
"(a) The land price of land
for planting annual crops, land for planting perennial crops, land for
aquaculture, forest land for production, specialized use forest land,
protective forest land, and other agricultural land (as stipulated in article
6.4(d) of Decree 181) shall be stipulated by distinguishing the land position
of three types of commune on the basis of their administrative boundaries:
plains, midlands and mountainous communes. The land position shall be
determined on the basis of the distance between the residence of the community
of land users and the place where production takes place, the distance between
the place where production takes place and the centralized market for the sale
of such produce and the level of convenience of traffic. Distinguishing land
positions shall be implemented by combining the distance factor with other
factors such as the fertility of the soil, the terrain, climate, weather and
irrigation conditions in the three areas of plains, midlands and mountainous
communes according to their administrative boundaries at the commune level.
Land position shall be determined on these principles: Land position class 1
shall apply to land where there is a distance between the residence of the
community of land users and the place where production takes place, [and/or] a
distance between the place where production takes place and the nearest
centralized market for the sale of such produce and where traffic is most
convenient. Land position class 2 and so on [3] shall apply where the distance
is greater and the traffic less convenient."
8. To amend
and add to article 11 as follows:
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"Article 11 Authority to
classify areas, streets and land positions for purposes of price
determination"
(b) To amend and add to the
contents of article 11 as follows:
"Pursuant to the general
provisions of articles 8, 9 and 10 of Decree 188 and articles 1.6 and 1.7 of
this Decree, and based on the actual situation within its locality, the
provincial people's committee shall provide the specific criteria for zoning,
classifying and distinguishing land positions for the purpose of price
determination.
Annually the provincial people's
committee shall carry out an amendment of the classification of types of land,
types of streets and of land positions upon any changes in zoning, or upon any
investment in upgrading or new construction of infrastructure affecting the
existing classification of types of land, types of streets and of land
positions".
9. To amend
and add to article 12.1(d) as follows:
"(d) Where areas of the
same type of land which lie on the border of provinces are separated by a
river, lake, channel, hill, gorge or mountain with a width of one hundred (100)
meters or less, then such border areas shall be calculated from the bank of the
river or channel, or edge of the lake, or foot of the hill, gorge or mountain
to the inside of the administrative boundary of each province in accordance
with sub-clauses (a), (b) and (c) of article 12.1 of Decree 188. Where the
width of the river, lake, channel, hill, gorge or mountain is more than one
hundred (100) meters, no border area shall be classified".
10. To amend
article 13 as follows:
"Article 13 Price
determination of specific land in localities
1. Upon 1 January each year, the
provincial people's committee must:
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(b) Make a decision on and
publicly announce within its locality the price frameworks applicable in its
locality after submitting them to the people's council at the same level for
its comment.
2. Specific price determination
methods for each type of land:
Upon price determination for a
type of land, the price framework of such type of land as stipulated by the
Government shall be applied on the following principles:
(a) With respect to land for
planting annual crops, land for planting perennial crops, land for aquaculture,
forest land for production, protective forest land and specialized use forest
land and other agricultural land: Land of class 1 land position in each region
(i.e. plains, midlands or mountainous regions) shall have the highest price,
and the subsequent classes from class 2 onwards shall have lower prices.
(b) With respect to land for
salt production: land of class 1 position shall have the highest price, and the
subsequent classes from class 2 onwards shall have lower prices.
(c) With respect to residential
land, non-agricultural land used for production or business purposes and other
non-agricultural land in rural areas: Land in zone 1 shall have the highest
price, the subsequent zones from zone 2 onwards shall have lower prices.
In each zone, the land of class
1 position shall have the highest price, and the subsequent classes from class
2 onwards shall have lower prices.
(d) The land price in the
following cases shall be determined as equal to the price of land for planting
perennial crops in the same area within the province:
- Land with gardens and ponds
and a house on the same parcel of land but which has not been stipulated as
being residential land;
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- In the case of agricultural
land within the residential area of a township or in a rural residential area
for which there is not yet approved zoning, the land price shall be determined
according to the boundary of parcels of land with residential housing outside
such residential area.
In the above cases the
provincial people's committee may, on the basis of the actual situation within
its locality, provide higher land price levels but the maximum level shall not
exceed twice the highest price of land for planting perennial crops in land
position class 1 in the same area as stipulated by such provincial people's
committee.
(dd) With respect to
non-agricultural land in rural areas which has a position situated along main
traffic routes, traffic terminals, commercial zones, tourist resorts or
industrial zones, the provincial people's committee shall, on the basis of the
actual situation within its locality, provide an appropriate land price on the
following principles:
- The land price of residential
land as fixed by the provincial people's committee shall not exceed five times
the maximum price in the price framework for residential land in rural areas
stipulated by the Government;
- The land price of
non-agricultural land used for production or business purposes as fixed by the
provincial people's committee shall not exceed three times the maximum price in
the price framework for non-agricultural land used for production or business
purposes in rural areas stipulated by the Government".
11. To
amend article 14.1(a) as follows:
"(a) Upon land price
determination for areas bordering provinces and cities under central authority,
the people's committees of provinces with such bordering areas shall, on the
basis of the provisions of article 12.1 of Decree 188 and article 1.9 of this
Decree, agree with each other on land prices and a plan for adjustment of land
prices of border areas on the basis of the following principles:
- The border area of any one
type of land shall be subject to the price framework of such type of land as
stipulated by the Government;
- Where border areas have the
same natural and infrastructure conditions and the same use purpose, then their
prices shall be the same.
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12. To
amend article 15 as follows:
"Article 15 Adjustment of
prices of specific types of land in localities
1. When the competent authority
amends land use zoning or planning, changes land use purposes, or changes
categories of urban areas or types of streets and land positions, the
provincial people's committee shall, based on current regulations, adjust
appropriately land prices of the areas subject to the changes.
2. Applicable to cases when the
State allocates land with collection of land use fees other than by the form of
auction of the land use right or tendering for projects using land, [or] when
the State recovers land [or] in cases where a State owned enterprise undergoing
equitization selects the form of allocation of land and the land price
stipulated by the provincial people's committee as at the time of allocation of
land, as at the time of the decision to recover land, [or] as at the time of
including the land value in the enterprise undergoing equitization is not close
to the actual market price for assignment of land use rights in normal conditions,
then the provincial people's committee shall, based on the actual market price
for assignment of land use rights in its locality, make a decision on an
appropriate specific land price level without being restricted by the provision
in article 1.5 of this Decree.
3. In every case of authorized
adjustment of land prices of a number of land positions, areas or types of land
throughout the year, the provincial people's committee must prepare a plan and
submit it to the same level people's council for the latter's opinion, and also
report to the people's council at the next periodical meeting".
Article 2.
Implementing provision
1. This Decree shall be of full
force and effect after fifteen (15) days from the date of its publication in
the Official Gazette.
2. The following are hereby
repealed:
- Article 30.4 of Decree
109/2007/ND-CP of the Government dated 26 June 2007 on conversion of 100% State
owned companies into shareholding companies;
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3. Provincial people's
committees shall, on the basis of Decree 188 and this Decree, promulgate and
publicly announce prices of specific types of land for application from 1
January each year.
4. Ministers, heads of
ministerial equivalent bodies and Government bodies, and chairmen of provinces
and cities under central authority shall be responsible for implementation of
this Decree.
5. The Ministry of Finance shall
provide guidelines for implementation of this Decree.
FOR THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
TABLES OF PRICE FRAMEWORKS OF ALL TYPES OF LAND
(Issued with Decree 123/2007/ND-CP of the Government dated 27 July 2007)
Table 1: Price framework of
land for planting annual crops
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Categories
of commune
Plains
commune
Midlands
commune
Mountainous
commune
Price
Min.
price
Max.
price
Min.
price
Max.
price
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Max.
price
4.00
135.00
3.00
105.00
1.00
71.00
Table 2: Price framework of
land for planting perennial crops
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Unit:
thousand Dong/m2
Categories
of commune
Plains
commune
Midlands
commune
Mountainous
commune
Price
Min.
price
Max.
price
Min.
price
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Min.
price
Max.
price
5.00
158.00
3.50
98.00
0.80
68.00
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Unit:
thousand Dong/m2
Categories of commune
Plains commune
Midlands commune
Mountainous commune
Price
Min.
price
Max.
price
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Max.
price
Min.
price
Max.
price
1.50
60.00
0.80
38.00
0.50
30.00
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Table 4: Price framework of
land for cultivation of aquacultural products
Unit:
thousand Dong/m2
Categories
of commune
Plains
commune
Midlands
commune
Mountainous
commune
Price
Min.
price
Max.
price
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Max.
price
Min.
price
Max.
price
3.00
135.00
2.00
75.00
0.50
36.00
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Table 5: Price framework of
land for salt production
Unit:
thousand Dong/m2
Price
Whole
country
Minimum
price
Maximum
price
1.50
62.00
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Unit:
thousand Dong/m2
Categories
of commune
Plains
commune
Midlands
commune
Mountainous
commune
Price
Min.
price
Max.
price
Min.
price
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Min.
price
Max.
price
10.00
1,875.00
4.50
1,275.00
2.50
900.00
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Unit:
thousand Dong/m2
Categories
of urban areas
Price
Min.
price
Max.
price
Special
1,500
67,500
I
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42,500
II
150
30,000
III
120
19,500
IV
50
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V
30
6,700
Table 8: Price framework of
non-agricultural land used for production or business purposes in rural areas
Unit:
thousand Dong/m2
Categories
of commune
Plains
commune
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Mountainous
commune
Price
Min.
price
Max.
price
Min.
price
Max.
price
Min.
price
Max.
price
10.00
...
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4.50
900.00
2.50
525.00
Table 9: Price framework of
non-agricultural land used for production or business purposes in urban areas
Unit:
thousand Dong/m2
Categories
of urban areas
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Min.
price
Max.
price
Special
1,000
47,810
I
250
29,500
II
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20,000
III
50
13,500
IV
40
8,500
V
15
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