Chương 2 Nghị định 188/2004/NĐ-CP: Phương pháp xác định giá đất và khung giá các loại đất

Chapter II

METHODS OF DETERMINING LAND PRICES AND ASSORTED-LAND PRICE BRACKETS

Article 4.- Land price-determining methods

1. Method of direct comparison means the method of determining the price levels through analysis of actual land use right transfer market price levels of similar land categories (in term of land categories, land acreage, land plots, land grade, urban center grades, street grades and position) for comparison and determination of prices of the land plots, land categories which need to be priced.

2. The income-based method means the method of determining the price level being the quotient between the annual net income level earned on a land acreage unit and the annual average savings interest rate (up to the time of land pricing) of VND deposits with one-year (12 months) term at the State-run commercial bank having the highest savings interest rate in the locality.

Article 5.- Conditions on application of land price-determining methods

1. The method of direct comparison shall apply to determine land prices when there are on the market similar land categories with the land use rights being already transferred, which are comparable with the categories of to be- priced land.

The land use right transfer prices of similar land categories, used for analysis of, comparison with, the categories of land which need to be priced, must be the actual market prices of land use right transfer under normal conditions.

2. The income-based method shall apply only to determine the prices of land categories with incomes from land being determined.

3. Basing themselves on the practical situation of land use right transfer market, dossiers on various land categories, and the gathered data, the provincial-level People’s Committees shall select appropriate price-determining methods; in case of necessity, two land price-determining methods prescribed in this Decree can be combined together for examining, comparing the estimated price levels to decide on the specific price levels.

4. Upon the determination of specific land prices in localities, if a number of land categories fail to fully meet the conditions for application of the land price-determining methods mentioned in Article 4, the provisions at Points 6 and 7, Item a, Clause 1; Points 5 and 6, Item b, Clause 1 and Item c, Clause 1, Article 6 of this Decree shall apply to determine the prices.

Article 6.- Assorted-land price brackets

1. The land price brackets issued together with this Decree are prescribed for the land categories stated in Article 13 of the Land Law including:

a) For agricultural land group:

- The annual crop planting land price bracket (Table 1).

- The perennial tree planting land price bracket (Table 2).

- The production-forest land price bracket (Table 3).

- The aquaculture land price bracket (Table 4).

- The salt-making land price bracket (Table 5).

- For protective-forest land and special-use forest land, the provincial-level People’s Committees shall base on the production- forest land prices set by themselves and on the method of determining the production-forest land prices, prescribed in Article 13 of this Decree, to determine the price levels suitable to local practical situation.

- For other agricultural land categories as provided for by the Government, the provincial-level People’s Committees shall base on the prices of adjacent agricultural land categories they have set and on the land price-determining methods applicable to the adjacent agricultural land categories prescribed in Article 13 of this Decree to determine the price levels suitable to the local practical situation.

b) For non-agricultural land group:

- The rural residential land price bracket (Table 6).

- The urban residential land price bracket (Table 7).

- The rural non-agricultural production and/or business land price bracket (Table 8).

- The urban non-agricultural production and/or business land price bracket (Table 9).

- For land used for construction of working offices and land used for construction of non-business works, the provincial-level People’s Committees shall base on the prices of adjacent residential land or the prices of residential land in the vicinities, which they have decided and on the methods of determining the prices of residential land prescribed in Article 13 of this Decree to set the appropriate price levels suitable to the local practical situation.

- For land used for defense, security purposes; land used for public purposes under the Government’s regulations; land used by religious establishments; land with works being communal houses, temples, shrines, small pagodas, worshipping halls, ancestral worship houses; land used for cemeteries or graveyards and other non-agricultural land as prescribed by the Government, the provincial-level People’s Committees shall base on the adjacent land prices they have decided and on the land price-determining methods applicable to adjacent land categories prescribed in Article 13 of this Decree to set the appropriate price levels suitable to the local practical situation.

c) For unused-land group

For categories of land with use purposes being not yet identified, including unused delta land, unused hilly and mountainous land, rock mountains without forests, when needing their prices for calculation of damages to be paid by persons who commit acts of violating legislation on such land categories, the provincial-level People’s Committees shall base on the prices of adjacent land categories they have prescribed and on the methods of determining the prices of adjacent land categories prescribed in Article 13 of this Decree to set the appropriate land price levels. When unused land is put to use under permission of competent authorities, the provincial-level People’s Committees shall base on the bracket of the prices of land of the same category, the same use purposes, prescribed by the Government, to determine the specific price levels.

2. Basing themselves on the actual land use right transfer prices in localities, the provincial-level People’s Committees can decide on the specific land prices within the permitted limits of increase of not more than 20% compared with the maximum price level and decrease of not more than 20% compared to the minimum price level of the bracket of prices of land of the same category prescribed in Clause 1 of this Article.

Article 7.- Adjustment of assorted-land price brackets

When the common land use right transfer prices of a number or all of the land categories in the land price bracket tables fluctuate for 60 consecutive days or more on a large scale (many provinces, cities), thus causing big price differences: increase by 30% or more as compared with the maximum land price or decrease by 30% or more as compared with the minimum land price in the price brackets prescribed in Clause 1, Article 6 of this Decree, the Finance Ministry shall have to assume the prime responsibility for formulating a number of or all new land price brackets and submit them to the Government for proper adjustment.