Chương 3 Nghị định 188/2004/NĐ-CP: Định giá các loại đất tại địa phương

Chapter III

DETERMINATION OF PRICES OF VARIOUS LAND CATEGORIES IN LOCALITIES

Article 8.- Principles on rural land region classification, agricultural-land categorization for land price determination

1. Land region classification

Land is divided into three regions: delta, midland and mountain; each region has the following fundamental characteristics:

a) Delta is the low-lying land, fairly flat at the height equal to sea water level. It has a high population density. Its infrastructure and conditions for goods production and circulation are more convenient than in the midland and mountain.

b) Midland is the land region of medium height (lower than the mountain region but higher than the delta), consisting largely of hilly land. Its population density is lower than that of the delta but higher than that of the mountain; its infrastructure and conditions for goods production and circulation are less convenient than those in the delta but more convenient than those in the mountain.

c) Mountain region is a land region lying higher than the midland, consisting largely of high-mountain areas with complicated terrain. Its population density is low; its infrastructure and conditions for goods production and circulation are less convenient than those in the midland.

The recognition of communes to be mountain communes shall comply with the regulations of the Committee for Ethnicity and Mountainous Regions (now the Committee for Ethnic Affairs).

2. Land grade classification

The land grade used for land price determination shall comply with the land grade for calculation of agricultural land use tax in localities, approved by competent authorities according to the current regulations of the State.

Article 9.- Determination of land region, land grade and position of every specific land category in rural areas for land price determination

1. Agricultural land group

a) For annual crop land, perennial tree land, aquaculture land, production-forest land, protective-forest land, special-use forest land and other agricultural land categories, they are graded according to three types of commune classified according to administrative boundaries: delta, midland and mountain.

b) For salt-making land, it is graded according to position. The salt-making land positions are determined on the basis of the distance from salt-making fields to salt storehouses in production areas or near traffic roads on the principle that: Position No. 1 applies to salt-making fields nearest the salt storehouses or traffic roads; the subsequent positions from No. 2 onwards lie at distances farther from the salt storehouses and from traffic roads.

2. Non-agricultural land group in rural areas

For rural residential land, non-agricultural production and/or business land in rural areas and other rural non-agricultural land categories such as land for construction of working offices, construction of non-business works; land used for defense or security purposes; land used for public purposes including traffic land, irrigation land; land for construction of cultural, medical, education and training, physical training and sport facilities in service of public interests; land with historical or cultural relics, scenic places; land for construction of other public works as provided for by the Government; land used by religious establishments; land with works being communal houses, temples, shrines, small pagodas, worshipping halls, ancestral worship houses; land for cemeteries, graveyards and other non-agricultural land, as provided for by the Government, it shall be graded according to position of each land category and according to three types of commune classified according to administrative boundaries: delta, midland and mountain for price determination.

The positions of each land category in each type of commune are divided according to three regions within the commune-level administrative boundaries:

- Region 1: Land with frontage bordering on main traffic axis lying in the center of communes or commune clusters (near the commune-level People’s Committees, schools, market places, health stations); near trade and service areas, tourist resorts, industrial parks, export processing zones; or not lying in the center of communes but near traffic hubs or rural marketplaces.

- Region 2: Lying along inter-village (hamlet) traffic axes, adjacent to centers of communes, commune clusters, trade and service areas, tourist resorts, export processing zones.

- Region 3: Covering the remaining positions in communes

The land region classification for land price determination shall comply with the principle that Region 1 is capable of generating the highest profits, has the most convenient infrastructures; Region 2 and region 3 are capable of generating lower profits and have less convenient infrastructures.

The positions of each land category in each region shall be determined on the basis of profit-generating capability, the distances to frontage of traffic axes and the infrastructure conditions are convenient for daily-life, business activities and service provisions on the principle that positions No. 1 have the highest profit-generating capability, the most convenient infrastructure conditions, are nearest the main traffic axes; the successive positions from No. 2 onward have lower profit-generating capability and less convenient infrastructures.

Article 10.- Classification of urban areas, streets, land positions in urban centers of each specific land category for land price determination

For urban residential land, non-agricultural production and/or business land and other non-agricultural land categories in urban centers such as land for construction of working offices, construction of non-business works; land used for defense or security purposes; land used for public purposes, including traffic land, irrigation land; land for construction of cultural, medical, education and training, physical training and sport facilities in service of public interests; land with historical and/or cultural relics, scenic places; land for construction of other public works as provided for by the Government; land used by religious establishments; land with works being communal houses, temples, shrines, small pagodas, worshipping halls, ancestral worship houses; land for cemeteries, graveyards and other non-agricultural land as provided for by the Government shall be graded according to types of urban centers, types of street and land positions for price determination.

1. Urban centers include cities, provincial capitals, district townships, set up and graded under decisions of competent state agencies. Urban centers are classified into 6 grades: special-grade urban centers, grade-I urban centers, grade-II urban centers, grade-III urban centers, grade-IV urban centers, grade-V urban centers according to the current regulations of the State.

For provincial capitals, district townships not yet graded as urban centers, they shall be classified into grade-V urban centers.

2. Classification of urban streets

Types of street in each grade of urban center shall be determined mainly on the basis of profit-generating capability, infrastructure conditions convenient for daily- life, production, business, service, tourist activities, on the distance to urban centers, trade, service and tourist centers.

Streets in each type of urban center are classified into different grades of street with ordinal numbers from No. 1 on. Grade-I streets apply to land in the hearts of urban centers, trade, service and/or tourist centers; have the highest profit-generating capacity and the most convenient infrastructure conditions; the following street grades from grade 2 onwards shall apply to land not lying in the hearts of urban centers, trade, service and/or tourist centers, with lower profit-generating capability and less convenient infrastructure conditions.

In cases where a street consists of various street sections with different profit-generating capabilities, different infrastructure conditions, such street sections shall be graded into the corresponding street grades.

3. Land positions in every street grade of each grade of urban center shall be determined on the basis of profit-generating capability, infrastructure conditions favorable for daily-life, production, business and/or service activities, on the distance to traffic axes. Land positions in each street grade of each urban center grade shall be classified into positions from No. 1 on. Position No. 1 shall apply to land adjacent to streets (with frontage) with the highest profit-generating capability, most convenient infrastructure conditions; the following positions from No. 2 onwards shall apply to land not adjacent to streets, with lower profit-generating capability and less convenient infrastructure conditions.

Article 11.- Competence to classify land region, land grades, street grades and specific land positions for price determination

Based on the provisions in Articles 8, 9 and 10 of this Decree and on the practical situation and practices of each locality, the provincial-level People’s Committee shall prescribe specific criteria and provide for region classification, land grades, decide on the quantity of positions of each land category; the quantity of street grades, the quantity of land positions of each street grade corresponding to grades of urban center in the locality for use as basis for price determination.

Annually, the provincial-level People’s Committees must readjust land categories, street grades and land positions upon any changes in previously classified land categories, land grades, street grades and/or land positions due to planning, investment in upgrading or construction of infrastructures.

Article 12.- Adjacent land areas

1. Adjacent land areas between provinces, centrally run cities

a) For agricultural land in adjacent land areas, it shall be determined as from the administrative boundaries between provinces further deep inside the region of each province for at least 500 meters.

b) For rural non-agricultural land in adjacent land areas, it shall be determined as from the administrative boundaries between provinces further deep into the region of each province for at least 300 meters.

c) For urban non-agricultural land of the same urban center grade, the adjacent land areas shall be determined as from the administrative boundaries between provinces further deep into the region of each province for at least 200 meters.

d) In cases where the land areas between provinces are separated by rivers, lakes, canals of a width of 100 meters or less, the adjacent land areas shall be determined as from the banks of rivers, lakes, canals to each side further deep into the region of each province as provided for at Points a, b, c of this Clause. If the rivers, lakes or canals are over 100 meters in width, they shall not be graded as adjacent land.

2. Adjacent land areas between rural districts, urban districts, or towns of provinces, centrally run cities.

The provincial-level People’s Committees shall base on the practical local situation to specify the appropriate adjacent land areas between urban districts, rural districts, towns in the provinces or cities.

Article 13.- Determination of prices of specific land categories in localities

1. When determining or adjusting the prices of specific land categories in the localities, the provincial-level People’s Committees must:

a) Classify land regions, land grades, street grades and land positions according to the provisions in Articles 8, 9, 10 and 11 of this Decree.

b) Based on the land price-determining principles prescribed in Article 56 of the Land Law; the land price-determining methods and assorted- land price brackets prescribed in Articles 4, 5 and 6; the methods of determining price of every specific land category in this Decree and the actual common market prices of land use right transfer under normal conditions formulate price tables for various specific land categories in localities and submit them to the People’s Councils of the same level for comments before deciding thereon.

2. Methods of determining specific prices for every land category

When prices are determined for any land categories, the price brackets prescribed by the Government for such land categories shall apply. The methods of determining specific prices for every land category according to price brackets shall be as follows:

a) For annual crop land, perennial tree land, aquaculture land, production-forest land, protective-forest land, special-use forest land and other agricultural land categories:

Grade-1 land of each region (delta, midland, mountain) and each land category, which contains soil elements, is situated at the best positions and endowed with the best climatic, weather, irrigation and drainage conditions, shall correspond to the highest price level; land of lower grades from grade 2 onwards with poorer conditions shall correspond to lower price levels.

b) For salt-making land: Land in Position No. 1 shall have the highest price; land in positions from No. 2 onwards shall correspond to lower price levels.

c) For residential land, non-agricultural production and/or business land and other non-agricultural land categories in the rural areas:

Land in region 1 has the highest price level; land in regions from No. 2 onwards shall correspond to lower price levels.

In each land region, the land prices shall be determined according to positions. Land in position No. 1 of region 1 shall have the highest price level in region 1, land in other positions from No. 2 onwards shall correspond to lower price levels. Similarly, land in position No. 1 of region 2 shall have the highest price level in region 2, and land in other positions from No. 2 onwards shall correspond to lower price levels; land in position No. 1 of region 3 shall have the highest price level in region 3, land in other positions from No. 2 onwards shall correspond to lower price levels.

d) For garden, pond land lying mixedly in rural residential land areas, and not issued the land use right certificate by competent authorities, the land prices shall be determined as equal to the land prices of the perennial tree land of the highest grade in the same regions; and at the same time basing on the practical situation in localities, the provincial-level People’s Committees shall prescribe higher price levels which, however, must not exceed twice the prices of perennial tree land of the highest grade in the same region, set by the provincial-level People’s Committees.

e) For residential land, non-agricultural production and/or business land and other non-agricultural land categories in urban centers:

In urban centers of each grade, the land prices shall be determined according to street grades.

The grade-1 street land in the hearts of urban centers, trade and service centers shall have the highest price levels. Land in streets of other grades from grade 2 onwards shall correspond to lower price levels.

In streets of each grade, the land prices shall be determined according to land positions. Land in position No. 1 of grade-1 streets shall correspond to the highest price level of grade-1 streets; land in other positions from No. 2 onwards shall correspond to lower price levels. Similarly, land in position No. 1 of streets of other grades shall have the highest price levels corresponding to street grades respectively and land in other positions shall correspond to the respective lower price levels corresponding to respective street grades.

In cases where a street of a certain grade consists of various sections with different profit-generating capabilities, different actual land use right transfer prices and different infrastructure conditions, each street section shall be classified into the corresponding street grade for determination of its specific price to be decided by the provincial-level People’s Committees.

f) For agricultural land lying mixedly within urban centers, which is, under planning, classified as neither residential land nor other agricultural land, the land price shall be determined as equal to the price of the perennial tree land of highest grade in the same region; at the same time, basing on the practical situation in the localities, the provincial-level People’s Committees shall prescribe higher land price levels which, however, must not more than double the price of the perennial tree land of the highest grade in the same region, set by the provincial-level People’s Committees.

g) For rural residential land lying along main traffic axes (national highways, provincial roads), traffic hubs, trade zones, tourist resorts, industrial zones, the provincial-level People’s Committees shall base on the practical situation in their localities to prescribe the appropriate land prices at these positions, which, however, must not more than treble the maximum price of the rural land price brackets prescribed by the Government in Clause 1, Article 6 of this Decree.

Article 14.- Prices of land in adjacent areas

1. The prices of land in adjacent areas between provinces, centrally run cities

a) When determining the prices of land in adjacent areas between provinces, centrally run cities, the People’s Committees of the provinces having the adjacent land must base on the provisions in Clause 1, Article 12 of this Decree to reach mutual agreement on the land prices and plans on adjustment of land prices in the adjacent areas, on the principles:

- For the adjacent land of any land category, the price bracket prescribed by the Government for such land category shall apply.

- For land in adjacent areas between provinces, centrally run cities as provided for in Clause 1, Article 12 of this Decree, if having the same natural conditions, infrastructure conditions, the same use purposes at present and the same use purposes under planning, the price levels shall be the same.

For special cases, the price levels may differ, but the maximum difference level must not exceed 20%.

b) In cases where provinces having land in adjacent areas prescribed at Point a, Clause 1 of this Article cannot reach mutual agreement on price levels, they must report thereon to the Prime Minister for decision.

2. Prices of land in adjacent areas between urban districts, rural districts, towns and cities of provinces or centrally run cities

The provincial-level People’s Committees shall base on the provisions in Clause 2, Article 12 and the principles for determining prices of land in adjacent areas prescribed at Point a, Clause 1 of this Article to determine the appropriate specific prices of land in the adjacent areas.

Article 15.- Adjustment of specific land prices in localities

The provincial-level People’s Committees must adjust land prices in the following cases:

1. When the actual land use right transfer market prices under normal conditions in localities of certain land categories, certain land positions constantly fluctuate for 60 days or more, thus causing big price differences: if decreasing by 10% or more as compared with the prices set by the provincial-level People’s Committees, they shall adjust by reducing such prices; if increasing by 20% or more over the prices set by the provincial-level People’s Committees, they shall adjust by increasing the prices which, however, must not exceed 20% of the maximum prices of the price brackets prescribed in Clause 2, Article 6 of this Decree.

2. When competent authorities adjust land use plannings, plans, change land use purposes, change land grades, urban center grades, street grades and/or land positions, they must adjust the prices of land in regions where such changes occur according to appropriate land price brackets, which, however, must not exceed the price levels prescribed in Clause 1 of this Article.

3. When the Government’s land price brackets are adjusted.