Chương III Thông tư 36/2014/TT-BTNMT: Xây dựng, điều chỉnh bảng giá đất

Chapter III

COMPILING, ADJUSTING LAND PRICE LISTS

Section 1: COMPILING LAND PRICE LISTS

Article 9. Contents of the land price lists

1. Pursuant to the land pricing principles in Article 112 of the Law on Land, land pricing methods in Clauses 1, 2, 3, and 4 Article 4 of Decree No. 44/2014/NĐ-CP, the People’s Committees of provinces shall request the People’s Councils of provinces to grant approval before issuing land price lists with regard to the types of land mentioned in Clause 1 Article 11 of Decree No. 44/2014/NĐ-CP.

Apart from the land price lists mentioned in this Clause, the People’s Committees of the provinces that have hi-tech zones shall issue lists of prices of land in hi-tech zones.

2. In consideration of the local development, the People’s Committees of provinces shall decide increases or decreases in prices of the plots of land that are superior or inferiors to other plots of land in the same location in terms of dimensions, shapes, profitability, and other factors that affect land prices.

3. In cases where the land planning is adjusted, or land purposes are changes and new streets are added to the current land price list that are not mentioned in Clause 1 Article 14 of Decree No. 44/2014/NĐ-CP, the People’s Committee of the province shall adjust the land prices on the list and request the People’s Council of the province to grant approval before issuing it. Services of Natural Resources and Environment shall assist the People’s Committees of provinces in adjusting land price lists and submitting reports to the Ministry of Natural Resources and Environment within 15 days from the adjustment date.

4. After a land price list is issued, the land prices on which depend on locations of land, the People’s Committee of the province shall, if capable, request the Service of Natural Resources and Environment to determine the a price of every plot of land in the area that has a cadastral map, and develop a land price database.

Article 10. Land price list compilation project planning

1. A land price list compilation project shall specify: the surveyed types of land; quantity of enquiry forms; number of surveyed communes, wards and towns (hereinafter referred to as communes); human resources, equipment, time, plan, and estimated budget.

2. Procedures for planning a land price list compilation project:

a) Collect information and documents serving the project planning including: geographical location, topography, geomorphology, socio-economic developments, management and use of land that affect land prices;

b) Determine the number of surveyed sites: the survey communes must have land price fluctuation; the number of survey sites must account for at least 50% of the total number of communes of the district; the surveyed commune must represent the surveyed type of land, which is evenly distributed over the district;

c) Determine the number of land plots that need surveying

The number of land plots that need surveying sorted by type of land in each surveyed commune must account for at least 50% of the total number of land plots of the same type that have been transferred or sold at land auction over the previous 02 years. Nevertheless, the minimum number of land plots is 03.

If income or cost of the land plots can be determined, at least 03 land plots must be surveyed in each surveyed commune in order to determine land prices using income-based method.

3. Responsibility to plan and approve the project

a) The Service of Natural Resources and Environment shall plan the land price list compilation project and submit it to the People’s Committee of the province for approval before April 01 of the year in which the land price list is compiled.

Project documents include: the land price list compilation project; a written request for approval for the project; a draft decision to approve the project made by the People’s Committee of the province>

b) The People’s Committee of the province shall approve the land price list compilation project by April 15 of the year in which the land price list is compiled.

Article 11. Preparation for land price list compilation

1. Establishing a Steering committee

The People’s Committee of the province shall establish a Steering committee to direct the execution of the approved land price list compilation project. Composition of a Steering committee:

a) The Chairperson is a representative of the People’s Committee of the province;

b) The Deputy Chairperson is the Director of the Service of Natural Resources and Environment;

c) Members of the Steering committee are representatives of the Service of Finance, Service of Justice, Service of Planning and Investment, Service of Agriculture and Rural development, and Service of Construction; representatives of the People’s Committees of districts; and representatives of management boards of hi-tech zones and economic zones (if any);

The Steering committee shall assist the People’s Committee of the province to instruct relevant units to execute the land price list compilation project.

2. The Chairperson shall establish project teams to assist the Steering Committee.

3. The Service of Natural Resources and Environment shall assist the Steering committee to execute the land price list compilation project:

a) Select consultancy units to carry out market land price surveys;

b) Assist the Steering Committee in providing training for project teams; instruct project teams to carry out examine and accept market survey results, the draft land price list, and performing other tasks given by the Chairperson.

Article 12. Classification of communes serving price list compilation

1. When compiling the list of prices of agricultural land, housing land in rural areas, commercial and services land in rural areas, non-agricultural land for manufacturing and business other than commercial and services land in rural areas, communes shall be classified into communes in the plains, communes in the midlands, and communes in the highlands with the characteristics below:

a) Communes in the plains are those with flat terrains, and altitudes as low as the sea level; high population density, the infrastructure and conditions for goods circulation are more convenient than in the midlands and highlands;

b) Communes in the plains are those with medium altitudes (lower than highlands, higher than the plains), most of the area is hills; the population density is lower than that in the plains and higher than that in the highlands, the infrastructure and conditions for goods circulation are less convenient than in the plains but more convenient than in the highlands

c) Communes in the highlands are those with higher altitudes than the midlands, most of the area is mountains with rough terrains; low population density, the infrastructure and conditions are for goods circulation are less convenient than in the midlands.

Communes in the midlands shall be determined according to the characteristics prescribed in this Point and instructions of Committee for Ethnic Affairs.

2. Every the People’s Committee of the province shall make a list of communes in the plains, midlands, and highlands in the province as prescribed in Clause 1 of this Article.

Article 13. Classification of urban areas serving price list compilation

When compiling the list of prices of commercial and services land in urban areas, non-agricultural land for manufacturing and business other than commercial and services land in urban areas, land for construction of office buildings, administrative construction, land for public services, and other non-agricultural land in urban areas, urban areas shall be classified as follows:

1. Urban areas are classified into cities, towns, and townships that are established and classified by competent authorities;

2. By law, urban areas are classified into 06 classes including special class, class I, class II, class III, class IV, and class V. Unclassified townships shall be classified into class V;

3. The People’s Committee of the province shall apply suitable land price brackets to urban areas in the province according to the decisions on establishment and classification of urban areas approved by competent authorities.

Article 14. Classification of areas serving price list compilation

When compiling the list of prices of housing land in rural areas, commercial and services land in rural areas, non-agricultural land for manufacturing and business other than commercial and services land in rural areas, land for construction of office buildings, administrative constructions, land for public services, and other non-agricultural land in rural areas, the areas shall be classified as follows:

1. Zone 1: the area with highest profitability and most convenient infrastructure;

2. Zone 2 onwards: the areas with lower profitability and less convenient infrastructure than the superior zone.

Article 15. Classification of land location serving price list compilation

1. With regard to land for paddy fields or other annual crops; land for perennial plants, land for production forests, land for aquaculture; land for salt production, the determination of land location in the commune or district depends on the productivity, infrastructure, advantages (applied to annual crops and perennial plants); on infrastructure, advantages, distance from the residential area to the manufacturing area, and distance from the manufacturing area to the concentrated consumption area (applied to land for aquaculture and land for salt production). The locations are classified into:

a) Location 1: the location where the conditions are most convenient;

b) Location 2 onwards: the locations where the conditions are less convenient compared to the superior location;

2. With regard to commercial and services land in rural areas, non-agricultural land for manufacturing and business other than commercial and services land in rural areas, the location of land shall be determined by street or street segment, or depend on the technical and social infrastructure, advantages, distance to the downtown. The locations are classified as follows:

- Location 1: the location where the conditions are most convenient;

- Location 2 onwards: the locations where the conditions are less convenient compared to the superior location.

3. With regard to housing land in urban areas, commercial and services land in urban areas, non-agricultural land for manufacturing and business other than commercial and services land in urban areas, the location of land shall be determined by street or street segment, or depend on the technical and social infrastructure, advantages, distance to the downtown. The locations are classified as follows:

a) Location 1: the location where the most convenient conditions are found;

b) Location 2 onwards: the locations where the conditions are less convenient compared to the superior location;

4. In consideration of the market land prices, pursuant to Clauses 1, 2, and 3 of this Article , the People’s Committee of the province shall decides criteria for determination of locations of each type of land, quantity of locations, and the price of each location within the land price bracket.

Article 16. Collecting information about market land prices; natural conditions, socio-economic conditions, management and use of land that affect land prices on the survey date

1. Information about market land prices; natural conditions, socio-economic conditions, management and use of land that affect land prices on the survey date shall be collected from May 01 to not later than July 01 of the year as follows:

a) Collect information about the market price of at least 03 plots of land in 03 locations for each type of land (using Forms No. 01 thru 05 of Appendix 05 enclosed herewith).

Apart from the required information mentioned in this Point, the People’s Committee of the province may provide other information in the enquiry form to serve the compilation of the land price list;

b) Collect information about natural conditions, socio-economic conditions, management and use of land that affect land prices on the survey date using Form No. 05 in Appendix 05 enclosed herewith.

2. All of the enquiry forms in every surveyed commune shall be checked at the end of the survey in order to determine market land prices at various locations. The land price at a location is the arithmetic mean of the prices of the surveyed land plots in the same location.

If information about the market land prices at a location is not available, land prices of other locations shall be determined according to the current price list and determined prices of other locations using the direct comparison method specified in Clause 1 Article 4 of Decree No. 44/2014/NĐ-CP and Article 3 of this Circular.

3. Market land prices in the surveyed commune shall be collected using Form No. 07 in Appendix 05 enclosed herewith. A report on market price survey in the surveyed commune shall be made. The report shall specify:

a) Overall assessment of the surveyed commune;

b) Assessment of market land prices in the surveyed commune, fluctuation (increase or decrease) of market land prices compared to prices of the same type of land in the current land price list;

c) Suggested prices of land locations in the surveyed commune.

4. Documents about market land price survey shall be completed by July 10 of the year in which the land price list is compiled. Documents include:

a) The enquiry form to collect information about the surveyed commune;

b) The enquiry form to collect information about the plot of land;

c) The statistics of enquiry forms collect information about the plot of land;

d) A report on the results of the market land price survey in the surveyed commune.

Article 17. Processing result of market land price survey in the district

1.  Results of market land price survey in the district shall be processed using Forms No. 08 thru 11 of Appendix 05 enclosed herewith.

2. Making reports on the results of market land price survey in the district: The report shall specify:

a) Assessment of natural conditions, socio-economic conditions, management and use of land that affect land prices in the district;

b) Assessment of the results of market land price survey; the fluctuation (increase or decrease) of market land prices compared to prices of the same type of land in the district;

c) Suggested prices of land locations in the district.

3. Documents about results of market land price survey in the district shall be completed by July 20 of the year in which the land price list is compiled. Documents include:

a) A list of land prices in the district;

b) A report on the results of market land price survey in the district.

Article 18. Processing results of market land price survey in the province; assessing the current land price list

1.  Results of market land price survey in the province shall be processed using Forms No. 12 thru 14 in Appendix 05 enclosed herewith. This task must be done before August 01 of the year in which the land price list is compiled.

2. Analysis and assessment of the current land price list

a) Assess the fluctuation (increase or decrease) of the market land price and prices of the same type of land on the current land price list.

b) Assess the regulations of the current land price list.

Article 19. Land price list compilation

1. The Forms No. 15 thru 19 of Appendix 05 enclosed here with shall be used to compile the land price list based on land locations. Form No. 20 shall be used to compile the land price list that specifies the price for each plot of land.

2. Pricing of land in adjacent areas

a) The People’s Committee of the province shall prescribe the adjacent areas between provinces (hereinafter referred to as adjacent areas in accordance with Clause 1 Article 13 of Decree 44.

b) The People’s Committee of the province shall send the draft land price list to the People’s Committee of the adjacent province to seek opinions; post the draft land price list on the website of the People’s Committee of the province and the Service of Natural Resources and Environment. Within 15 days from the receipt of the draft land price list, the People’s Committee of the adjacent province shall make a written response.

If the difference between the prices of adjacent land in the draft price list exceeds the limit in Clause 2 Article 13 of Decree No. 44/2014/NĐ-CP, the People’s Committees of the adjacent provinces shall reach an agreement on the price of adjacent land.

If an agreement cannot be reached, a report shall be sent to the Ministry of Natural Resources and Environment by September 15 of the year in which the land price list is compiled.  If the People’s Committee of the province and the Ministry of Natural Resources and Environment fails to reach an agreement on the price of adjacent land, the Ministry of Natural Resources and Environment shall report the case to the Prime Minister.

3. Making the description of the land price list compilation. The description shall contain:

a) Assessment of the natural conditions, socio-economic conditions, management and use of land that affect the prices of land in the province;

b) Assessment of result of market land price survey and suitability of the current land price list;

c) Assessment of the conformity of land prices in the draft land price list with the land price brackets, the market price survey results; land prices in the draft land price lists of adjacent provinces (if any);

d) The land locations, application of land pricing methods, and prices of types of land in the draft land price list; plans for pricing of various types of land (if any);

dd) Assessment of the impacts of the draft land price list on socio-economic developments, investment environment, implementation of financial policies on land, incomes and life of land users.

4. Compiling a report on the issuance of the land price list.

5. Seeking opinions on the draft land price list and completion thereof from relevant entities.

Article 20. Assessment of the draft land price list

1. The Service of Natural Resources and Environment shall send the documents to the Assessment Council by October 15 of the year in which the land price list is compiled. Documents include:

a) A report on the issuance of the land price list;

b) The draft land price list;

c) The description of the land price list compilation (using the Forms No. 12 thru 14 of Appendix 05 enclosed here with).

2. The Assessment Council shall assess the land price list in accordance with instructions of the Ministry of Finance and the Ministry of Natural Resources and Environment.

Article 21. Completing the draft land price list; requesting approval by the People’s Council of the province; issuing the land price list

1. According to the assessment of the Assessment Council, the Service of Natural Resources and Environment shall adjust and complete the draft land price list, then submit it to the People’s Committee of the province. The documents submitted to the People’s Committee of the province are specified in Clause 2 Article 12 of Decree No. 44/2014/NĐ-CP.

2. The People’s Committee of the province shall submit the documents to the People’s Council of the province for approval. The documents submitted to the the People’s Council of the province are specified in Clause 3 Article 12 of Decree No. 44/2014/NĐ-CP.

3. After receiving the Resolution from the People’s Council of the province, the People’s Committee of the province shall request the Service of Natural Resources and Environment to complete the land price list, issue the land price list and announce it on January 01 of the year.

4. The Service of Natural Resources and Environment shall submit a report on the land price list compilation result to the Ministry of Natural Resources and Environment by January 15 of the year. The results include:

a) A decision to issue the land price list;

b) Description of the land price list compilation;

c) The list of prices of each type of land in the province.

Section 2: LAND PRICE LIST ADJUSTMENT

Article 22. Preparation for land price list adjustment

Pursuant to Clause 1 Article 14 of Decree No. 44/2014/NĐ-CP, the Service of Natural Resources and Environment shall:

1. Plan the land price list adjustment project in accordance with Article 10 of this Circular; provide instructions on surveys into market land prices with regard to each type of land, location, and areas where land prices are fluctuating;

2. Select an organization licensed to provide consultancy on land pricing to execute the land price list adjustment project in accordance with law.

Article 23. Collection of information about market land prices; natural conditions, socio-economic conditions, management and use of land that affect land prices in the surveyed commune

1. Information about market land prices; natural conditions, socio-economic conditions, management and use of land that affect land prices shall be collected in accordance with Clauses 1, 2, and 3 Article 16 of this Circular.

2. Documents about results of market land price survey in the surveyed commune include:

a) Enquiry forms to collect information about the surveyed commune;

b) The enquiry form to collect information about the plot of land;

c) The statistics of enquiry forms collect information about the plot of land;

d) A report on the results of market land price survey in the surveyed commune.

Article 24. Processing results of market land price survey and assessing the current land price list

1. Processing collected information about market land prices in the district

a) Results of market land price surveys in the district shall be processed and reported in accordance with Clause 1 and Clause 2 Article 17 of this Circular.

b) Documents about results of market land price surveys in the district include:

-  A list of land prices in the district;

- A report on results of market land price surveys in the district.

2. Processing results of market land price surveys in the province and assessing suitability of the current land price list.

 Results of market land price surveys in the province and suitability of the current land price list shall be processed and assessed in accordance with Article 18 of this Circular.

Article 25. Compilation of an adjusted land price list

1. Compile the land price list with adjusted prices of one, some, or all types of land, or one, some, or all locations (hereinafter referred to as adjusted land price list) in accordance with Clause 1 Article 19 of this Circular.

2. Process prices of adjacent land (if any).

3. Make a report on the compilation of the adjusted land price list.

4. Make a report on the issuance of the adjusted land price list.

5. Seek opinions of relevant entities about the draft and completion of the adjusted land price list.

Article 26. Assessing the draft of the adjusted land price list

1. The Service of Natural Resources and Environment shall send documents about the adjusted land price list to the Assessment Councils Documents include:

a) A report on the issuance 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 (using Forms No. 12 thru 14 of Appendix 05 enclosed herewith).

2. The adjusted land price list shall be assessed in accordance with instructions of the Ministry of Finance and the Ministry of Natural Resources and Environment.

Article 27. Completing, approving, and issuing the adjusted land price list

1. The Service of Natural Resources and Environment shall revise and complete the draft of the adjusted land price list, then submit it to the People’s Committee of the province. Documents submitted to the People’s Committee of the province are specified in Clause 5 Article 14 of Decree No. 44/2014/NĐ-CP.

2. The People’s Committee of the province shall submit the documents specified in Clause 6 Article 14 of Decree No. 44/2014/NĐ-CP to the People’s Council of the same province.

3. After receiving a response from the People’s Council of the province, the People’s Committee of the province shall request the Service of Natural Resources and Environment to complete the documents, issue and announced the adjusted land price list locally, then submit a report to the People’s Council in the nearest meeting.

4. The Service of Natural Resources and Environment shall report the compilation of the adjusted land price list to the Ministry of Natural Resources and Environment within 15 days from the day on which the decision to issue the adjusted land price list is signed. The report shall be enclosed with:

a) The decision to issue the adjusted land price list;

b) The description of the compilation of the adjusted land price list;

c)  A list of land prices in the province, sorted by type.