Decision 96/2014/QD-UBND promulgating regulations on prices of various types of land Hanoi

• Số hiệu: 96/2014/QD-UBND
• Loại văn bản: Quyết định
• Nơi ban hành: Thành phố Hà Nội
• Người ký: Vũ Hồng Khanh
• Ngày ban hành: 29/12/2014

HA NOI PEOPLE’S COMMITTEE -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No.96/2014/QD-UBND	Hanoi, December 29, 2014

DECISION

PROMULGATING REGULATIONS ON PRICES OF VARIOUS TYPES OF LAND IN HANOI APPLIED FROM JANUARY 01, 2015 TO DECEMBER 31, 2019

HANOI PEOPLE’S COMMITTEE

Pursuant to the Law on organization of People's Councils and People's Committees dated November 25, 2003;

Pursuant to the Law on promulgation of legislative documents issued by People’s Councils and People’s Committees dated December 03, 2004;

Pursuant to the Capital Law 2012;

Pursuant to the Land Law 2013;

Pursuant to Decree No.44/2014/ND-CP dated May 15, 2014 of the Government on land prices;

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Pursuant to Circular No.36/2014/TT-BTNMT dated June 30, 2014 of the Ministry of Natural Resources and Environment providing for land pricing methods; compilation of and adjustment to land price lists; determination of specific land prices and consultancy on land pricing;

Pursuant to Resolution No.14/2014/NQ-HDND dated December 03, 2014 of the 14^th Hanoi People’s Council in the 11^th meeting on prices of various types of land in Hanoi applied from January 01, 2015 to December 31,2019;

At the request of Department of Natural Resources and Environment provided in Proposal No.6293/TTr-STNMT dated November 03, 2014 and Assessment Report No.3406/STP-VBPQ dated December 15, 2015 provided by the Department of Justice

HEREBY DECIDES:

Article 1. The Regulation on prices of various types of land in Hanoi applied from January 01, 2015 to December 31, 2019 (with attached Appendix and land price list) shall be issued together with this Decision.

Article 2. This Decision comes into force from January 01, 2015 to December 31, 2019 and will replace Decision No.63/2013/QD-UBND dated December 25, 2013 on promulgating the list of prices of various types of land in Bac Tu Liem and Nam Tu Liem district which replaces the list of prices of land in Tu Liem district issued together with Decision No.63/2013/QD-UBND dated December 25, 2013 of Hanoi People’s Committee.

Article 3. Chief Office of Hanoi People's Committee, Directors of Departments, Chairpersons of district-level People's Committees, relevant organizations, family households and individuals shall take responsibility to implement this Decision./.

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PP. PEOPLE’S COMMITTEE
PP. CHAIRPERSON
VICE CHAIRPERSON




Vu Hong Khanh

DECISION

ON REGULATIONS ON PRICES OF VARIOUS TYPES OF LAND IN HANOI APPLIED FROM JANUARY 01, 2015 TO DECEMBER 31, 2019
(Issued together with Decision No.96/2014/QD-UBND dated December 29, 2014 of Hanoi People’s Committee)

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. The land prices specified herein shall be used as a basis for:

a) calculation of land use levy in case of State's recognition of the use rights of within-quota area of residential land of family households and individuals; permission for re-purposing of agricultural land and non-agricultural land which are not within-quota areas of residential land allocated to family households and individuals;

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c) calculation of fees and charges imposed on land management and use;

d) calculation of fine for administrative violations in land;

dd) calculation of compensation paid to the State in case of damage to land management and use;

e) determination of the value of land use rights for payment to persons who voluntarily return land to the State in case the returned land is the levied land allocated by the State whose the use rights is recognized by the State or the land for lease with one-off payment of the land rent for the whole leasing duration;

2. The land prices specified herein shall be used as a basis for:

a) calculation of land use levy and land rent in case the land is allocated or leased out by the State not through auction for land use rights and the area not within the quota on recognition of land use rights of family households and individuals of which the land use levy or land rent is less than 30 VND billion (according to the land price list);

b) determination of compensation or financial support in case of land appropriation by the State.

Article 2. Specific principles for determination of land prices

1. Based upon the profitability, distance from the traffic road, streets and conditions of infrastructure facilities which facilitates daily activities of people, business and service provision, land locations shall be determined adhering to the following principles: location no.1 is adjacent to the traffic road on the land price list which is more profitable and have more favorable infrastructure conditions than next locations, locations no.2, 3 and 4 are less profitable and have less favorable infrastructure conditions.

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a) In case the plot of land of a single owner at location no.1 with 2 or more than 2 prices, such plot shall be priced based upon the location with the highest price.

b) Land locations in each street shall be determined as follows:

- Location no.1: applied to the plot of land of a single owner of which at least one side is adjacent to the street on the land price list issued thereto;

- Location no.2: applied to the plot of land of a single owner whose at least one side is adjacent to the alley of which the smallest section (measured from the street to the plot of land) is at least 3.5m;

- Location no.3: applied to the plot of land of a single owner whose at least one side is adjacent to the alley of which the smallest section (measured from the street to the plot of land) is from 2 to less than 3.5 m.

- Location no.4: applied to the plot of land of a single owner whose at least one side is adjacent to the alley of which the smallest section (measured from the street to the land lot) is less than 2 m.

c) For the plot of land of a single owner at location no.2, 3 and 4 which is adjacent to more than on street with various land prices, the land price of such plot shall be determined according to the location on the nearest street. If the distance from such plot to one street is equal to that to other streets, the price of such plot shall be determined based upon the street with the highest land price.

d) Plot of land at locations no.2, 3 or 4 in the Table 5 and 6 and location no.2 and 3 in the Table 7 and 8 in old residential areas outside the new urban area, auction area, relocation area, industrial parks, industrial cluster shall be entitle to (depending on the depth of the alley):

- 5% lower than the published land prices if the distance from the street is 200 m – 300 m;

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- 15% discount compared to the specified land prices if they are more than 400 – 500 m away from the street;

- 20% lower than the published prices if the distance from the street is exceeding 400 m but not exceeding 500 m;

- the land prices according to the list of prices of land in rural residential area specified in Table 9 if the distance from the street is over 1000 m.

dd) As for plot of land of a single owner whose depth measured from the boundary line of the sidewalk on the land price list or the alley is grouped into various classes, the land price shall be:

- 100% of the specified price for class 1: 100 m from boundary line of the sidewalk on the land price list or from the alley;

- reduced by 10% compared to the land price applied to class 1 for class 2: more than 100 to 200 m measured from the boundary line of the sidewalk on the land price list or from the alley;

- reduced by 20% compared to the land price applied to class 1 for class 3: more than 200 to 300 m measured from the boundary line of the sidewalk on the land price list or from the alley;

- reduced by 30% compared to the land price applied to class 1 for class 4: more than 300 m measured from the boundary line of the sidewalk on the land price list or from the alley;

The regulation specified in Point d and dd Clause 2 this Article shall not apply in case the State appropriates land for the purpose of national defense, security, national interests and public interests as prescribed in Article 61 and 62 of the Land Law 2013; in this case, the price of land at location no.4 in Table 5 and 6 (except for Tay Dang commune-level town in Ba Vi) shall be determined according to the price of land at location no.3.

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- In case any side of the land is adjacent to the street on the land price list or the alley with the size of 3.5 m and higher, the price of the remaining area shall be determined by applying the land price coefficient of 0.9 as regulated.

- In case any side of the land is adjacent to the street on the land price list or the alley with the size of from 2 to less than 3.5 m, the price of the remaining area shall be determined by applying the land price coefficient of 0.8 as regulated.

- In case any side of the land is adjacent to the street on the land price list or the alley with the size of less than 2 m, the remaining land area shall be priced according to the price of the land at the lower location adjacent to the street on the land price list or the alley.

The determined average land price of the whole plot of land shall not lower than that of the land at the lower location next to the street or the alley adjacent to such land lot.

g) In case the plot of land is in administrative boundaries of communes outside Hanoi city and is inserted into plots located at the arterial road within the administrative boundaries of commune-level towns or areas adjoining districts within Hanoi; or located on the same road of which two sides are adjacent to the commune-level administrative boundaries and administrative boundaries of commune-level town or area adjoining the district within Hanoi, the land price shall be determined according to the land location with the highest price; principles for location classification and land price determination in the aforesaid case shall comply with regulations in Point a, b, c, d, dd, e and g mentioned above and Article 5 Chapter II hereof.

h) The prices of plots of land located in the crossroad or T junction among roads of which two sides are adjacent to two streets on the land price list shall be 1.20 times the price of land on the street with the highest price; in case the plot of land is located at the junction between a street on the land price list with one street with the section of at least 3.5 m (location no.2), the land price shall be 1.1 times the price of the land on the street on the land price list. The adjusted price shall not exceed the maximum price provided in the land price bracket specified by the Government.

i) The prices of land located on new streets not mentioned herein shall be determined adhering to the principles specified in Clause 1 and 2 this Article and corresponding to the prices of land on corresponding street in the same area.

3. The boundary line of the sidewalk on the land price list or the alley specified in Clause 1 and 2 this Article shall be applied as follows:

a) In case of land allocated or lease out by the State, the boundary line of the sidewalk shall be determined according to the boundary line specified in the approved street planning;

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Chapter II

LAND PRICES

Article 3. Prices of agricultural land

1. The prices of agricultural land for crop and other perennial production, perennial land, aquaculture land, land of production, protection and special-use forests in communes in districts shall be determined depending on the using purpose defined on the allocation or lease date and shall be classified according to regions and areas (delta areas, midland areas and mountainous areas) specified in Table 1, 2, 3 and 4 and the Appendix on commune classification.

2. The prices of gardens and ponds within the land with houses but not considered residential land; agricultural land within the residential area of commune-level towns or rural residential area whose boundaries have been determined according to the planning approved by the competent regulatory agency (in case the planning is not approved, such boundaries shall be defined according to the boundaries of the land with houses located on the edge of the residential area) shall be higher than but not exceed 50% of the price of corresponding agricultural land specified in Table 1, 2, 3 and 4 and Appendix on commune classification.

3. The prices of other agricultural land (consisting of land in communes outside the city used for construction of greenhouses and other houses serving planting purpose including planting without land; construction of breeding facilities for raising cattle and poultry and other animals permitted by the law; land used for planting, breeding and producing aquatic products serving study and research purpose; land used for nurturing young seedling, breed animals and land for plants serving decoration purpose) shall be determined according to the list of prices of perennial land in the same region or area specified in Table 2 and Appendix on commune classification.

Article 4. Prices of residential land, commercial land and non-agricultural land used for production and business in urban areas

1. The prices of land in districts and communes of Son Tay district-level town and commune-level towns in districts shall be determined in compliance with Article 2 hereof, the specific price of each street and each location specified in Table 5 (for districts and communes in Son Tay district-level town) or Table 6 (for commune-level towns in districts) .

2. The prices of land in Vien Son, Trung Hung and Trung Son Tram ward in Son Tay district-level town, Chuc Son commune-level town in Chuong My district and Tay Dang commune-level town in Ba Vi district shall be determined as prescribed in Article 5 hereof.

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1. The prices of residential land, commercial land and non-agricultural land used for production and business in communes and commune-level towns adjoining districts (sharing the same administrative boundaries with districts) shall be determined for each specific street specified in Table 7 and Appendix on commune classification.

2. The prices of residential land, commercial land and non-agricultural land used for production and business in the bordering areas with the arterial road on the land price list in districts, Vien Son, Trung Hung and Trung Son Tram ward and Son Tay district-level town (specified in Table 8) and Tay Dang commune-level town, Ba Vi district (specified in Table 6) shall be determined for each specific street.

3. The plot of land owned by a single person at location no.2 and 3 specified in Table 8 and in Tay Dang commune-level town, Ba Vi district specified in Table 6 shall be determined as prescribed in Point d Clause 2 Article 2 hereof.

4. The price of the plot of land owned by a single person at location no.4 in Table 7 shall be determined as follows:

- If such plot is 200 m away from the boundary line of the sidewalk on the land price list, it shall be priced according to the price of location no.4;

- If the distance between such plot and the boundary line of the sidewalk on the land price list is more than 200 m, the land price shall be determined under specific regulations provided in Table 7.

5. The plot of land at location no.4 specified in Table 8; in Vien Son, Trung Hung, Trung Son Tram ward, Son Tay district-level town specified in Table 5 and Tay Dang commune-level town in Ba Vi district specified in Table 6 shall be priced as follows:

- If such plot is 200 m away from the boundary line of the sidewalk on the land price list, it shall be priced according to the price of location no.4;

- If the distance between such plot and the marker on the sidewalk of the street on the land price list, is more than 200 m, the land price shall be determined under specific regulations provided in Table 9.

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Article 6. Prices of land in new urban areas, auction areas, relocation areas and hi-tech areas (where roads are already available)

1. In case the streets within new urban areas, auction areas, relocation areas and hi-tech areas have been named and can be found in the land price list, the land prices shall be determined according to such streets; in case the aforesaid streets have not been named or have already been named but not on the land price list, the land prices shall be determined according to the Appendix proving the list of prices of land in new urban areas, auction areas, relocation areas and hi-tech areas issued thereto.

2. If the plot of land is outside the boundaries of the new urban area, auction area or relocation area but located at the bordering point or of which the exit lane is close to the street in the new urban area, auction area or relocation area, such plot shall be priced according to the land price of the aforesaid street; in case such plot is at location no.2, 3 or 4, the land price shall be determined according to the street with the equivalent price on which land locations are already priced.

Article 7. Prices of other non-agricultural land

1. The prices of land used for construction of offices of regulatory agencies, construction of public service facilities; land used for national defense and security purpose and fundamental land used for religion and belief shall be determined by the prices of residential land at the same location on the same street or in the same rural residential area.

2. The prices of other non-agricultural land (including land used as resting place or tent for the employees in production facilities; land used for construction of museums, conservation houses and galleries of artistic works and facilities for production of cultural and artistic works) shall be determined by the prices of commercial land at the same position, on the same street or in the same rural residential area.

3. The prices of land used for public purpose (including land used for traffic and irrigation purpose, land with historical-cultural monuments or landscape; land used for social events, public entertainment; land used for construction of energy works, postal works; market land; land used as waste dump or for waste treatment and other land used for construction of public service works) and other non-agricultural land (including land used for construction of warehouses and houses used for storing agricultural products, pesticides, fertilizers, machinery and tools serving agricultural production and land used for construction of other works not for commercial purpose which is not connected to the residential land) shall be determined by the prices of non-agricultural land used for production and business at the same location, on the same street or in the same rural residential area.

4. The prices of land used as graveyards shall be determined under regulations provided in Land Law 2013 and Hanoi People's Committee shall stipulate the land price in each specific case.

5. The prices of land of rivers, canals, streams and water surface used for aquaculture purpose shall be determined by the prices of aquaculture land in the same region or same area while the prices of land used for non-agriculture purpose or non-agriculture purpose in combined with production and use of aquatic products shall be determined by the prices of non-agricultural land used for the same purpose or at the same location, on the same street or in the same commune.

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Unoccupied land is the land without any using purpose and shall be priced according to the adjacent land with the highest price (in case such land is adjacent to more than one land) as a basis for determination of compensation for damage to such land by offenders. The unoccupied land that is permitted for use by the competent authority shall be priced according the prices of the same type of land with the same using purpose specified in this Decision.

Chapter III

IMPLEMENTATION

Article 9. Implementation

As for land in areas not on the land price list provided in the Appendix issued thereto or new land due to construction of street, new urban areas, auction areas, relocation areas and hi-tech areas, the Department of Natural Resources and Environment shall take charge and cooperate with other departments and district-level People's Committees in preparing a pricing plan and send such plan to Hanoi People's Committee for approval purpose.

The Department of Natural Resources and Environment shall periodically update fluctuations in land prices as a basis for preparing and sending a land pricing plan to Hanoi People’s Committee for issuance of the land price list once every 5 years which is published on January 01 of the first year of the 5-year period and send annual consolidated report on the land prices and adjustments to land prices to Hanoi People's Committee and the Standing Committee of Hanoi People's Council for advice before such adjustments.

Chairpersons of district-level People's Committees shall instruct Divisions of Natural Resources and Environment to monitor and update fluctuations in land prices and send reports to the Department of Natural Resources and Environment for consolidation purpose.

Article 10. Amendments

Should any question arise during implementation, the Department of Natural Resources and Environment shall send a consolidated proposal to Hanoi People's Committee for consideration./.