Chương IV Thông tư 36/2014/TT-BTNMT: Định giá đất cụ thể và tư vấn xác định giá đất

Chapter IV

DETERMINATION OF SPECIFIC LAND PRICES AND CONSULTANCY ON LAND PRICING

Article 28. Plan for determination of specific land prices

1. According to annual land-use planning for districts, plans for equitization of state-owned enterprises, the Service of Natural Resources and Environment shall make a plan for determination of specific land prices of the next year and send it to People’s Committee of the province before every June 30.

2. A plan for determination of specific land prices shall include:

a) Estimates of cases in which specific land prices need determining;

b) Estimates of cases in which it is required to hire an organization licensed to provide consultancy on land pricing (hereinafter referred to as consultancy unit) and a number of consultancy units;

c) Estimates of time and funding for land pricing.

Article 29. Preparation for determination of specific land prices

According to the plan for determination of specific land prices approved by People’s Committee of the province, the Service of Natural Resources and Environment shall prepare for determination of specific land prices following the procedures below:

1. Determine purposes of land pricing, operating time and budget estimates.

2. Prepare documents on the target land plot, including:

a) Location, area, type of land and useful life of the target land plot;

b) Specific information about planning, land-use plan, construction planning approved by competent government agencies and other regulations on management and use of the target land plot.

3. Select consultancy units and conclude a service contract with them for land pricing (if applicable).

Article 30. Collecting information about land plots, market land prices; application of methods for land pricing and formulation of land pricing plans

1. The collected information about land plots and market land prices shall be filled in from Form No. 1 to Form No. 5 of Appendix 5 enclosed herewith.

2. According to collected information, methods for land pricing prescribed in Clause 1, 2, 3 and 4 Article 4 of Decree No. 44/2014/ND-CP and Article 3, 4, 5 and 6 of this Circular shall be applied to determine the land prices.

In case of conclusion of a service contract with a consultancy unit, that unit must formulate a Land price Certification using Form No. 21 of Appendix 05 enclosed herewith.

3. Formulation of land pricing plan and a report on formulation of land pricing plans shall follow contents below:

a) Purposes of land pricing and information about target land plot;

b) Assessment of situation and results of collecting information about market land prices;

c)  Application of land pricing methods;

d) Results of land pricing and suggestion for land pricing plans;

dd) Assessment of socio-economic effects on land pricing plans.

4. Service of Natural Resources and Environment shall inspect and evaluate the results of land pricing and land pricing plans; and make a report on decision about land prices.

Article 31. Assessment of land pricing plans

1. Service of Natural Resources and Environment shall send the documents on land pricing plans to the Assessment council. Documents shall include:

a) A report on decision about land prices;

b) A draft of land pricing plans;

c) A draft of report on formulation of land pricing plans

2. The assessment of land pricing plans carried out by the Assessment council shall conform to regulations on guidance of the Ministry of Finance and the Ministry of Natural Resources and Environment.

Article 32. Completing the draft of land pricing plans and requesting People's Committees of provinces to impose land prices

1. Within 05 working days from the day on which the written assessment of the Assessment council is received, the Service of Natural Resources and Environment shall complete the draft of land pricing plans and request People's Committees of provinces to impose land prices. Documents which are sent to People's Committees of provinces shall comply with Clause 2 Article 16 of Decree No. 44/2014/ND-CP.

2. Within 05 working days from the day on which the written request of the Service of Natural Resources and Environment is received, People's Committees of provinces must impose the land prices.

3. The Service of Natural Resources and Environment must keep all results of determination of specific land prices; release statistics and send a report on local results of determination of specific land prices to the Ministry of Natural Resources and Environment before every January 15.

Article 33. Determination of specific land prices according to coefficient-based method applied to the case prescribed in Point b Clause 2 Article 18 of Decree No. 44/2014/ND-CP

1. The collected information about land plots and market land prices shall be filled in using from Form No. 1 to Form 5 of Appendix 5 enclosed herewith; collecting the information about local socio-economic conditions.

2. According to collected information, the coefficient-based method as prescribed in Clause 5 Article 4 of Decree No. 44/2014/ND-CP and Article 7 of this Circular shall be applied to formulate land price adjustment coefficients.

3. Formulation of land price adjustment coefficient plans and a report on formulation of land price adjustment coefficient plans shall follow contents below:

a) Purposes of land pricing and information about target land plot;

b) Assessment of situation and results of information about market land prices; socio-economic condition affecting local land prices.

c) Application of coefficient-based method;

d) Results of formulation of land price adjustment coefficients and suggestion for land price adjustment coefficients plans;

dd) Assessment of socio-economic effects on land price adjustment coefficient plans.

4. Service of Natural Resources and Environment shall inspect and evaluate the results of formulation of land price adjustment coefficients and land price adjustment coefficient plans; and make a report on decision about land price adjustment coefficients.

5. The assessment of draft of land price adjustment coefficients; completion of such draft; and request People's Committees of provinces to impose the land price adjustment coefficients in accordance with Article 31 and Article 32 of this Circular.

6. Pursuant to Point b Clause 2 Article 18 of Decree No. 44/2014/ND-CP and actual condition of the provinces, People's Committees of provinces shall decide the cases in which land price adjustment coefficients shall be applied as prescribed in this Article.

Article 34. Selection of consultancy units

1. According to the plan for determination of specific land prices and documents on target land plot, the Service of Natural Resources and Environment shall select consultancy units as prescribed in regulations of law on bidding.

2. In case of application of public bidding, the Service of Natural Resources and Environment shall:

a) Set up groups of bidding experts and establish criteria and methods for bid-envelopes assessment;

b) Announce invitations for bid by means of mass media as prescribed in regulations of law on public bidding;

c) The assessment of bid-envelopes shall be conducted according to rules of objectivity, honesty, and specific criteria prescribed in invitations for bid;

d) Decision on selection of consultancy units who determine the specific land prices.

3. In case of application of no-bid contract prescribed in regulations of law on bidding, the Service of Natural Resources and Environment shall assess competence and decide to select the consultancy units.

Article 35. Conclusion of service contract with consultancy units

1. According to the Decision on selection of consultancy units, the Service of Natural Resources and Environment shall conclude a service contract with them.

2. Service contract with consultancy units shall include:

a) Name and address of the Service of Natural Resources and Environment; consultancy units;

b) Purposes of land pricing;

c) Information of target land plot: location, area, type of land and usable life of target land plot;

d) Executing time of land pricing.

dd) Results of land pricing include: Inquiry form market land prices; results of market land prices, Land price certification; report on formulation of land pricing plans; and land price adjustment coefficients;

e) Costs of land pricing and methods of payment;

g) Contractual rights and obligations of both parties.

Article 36. Procedures for granting the License for land pricing

1. The applicant for the License for land pricing shall send the application to General Department of Land Administration. Application shall include:

a) An application form for License for land pricing (using Form No. 22 of Appendix 5 enclosed herewith);

b) A copy of Certificate of training in land pricing according to the fresher courses offered by the Ministry of Natural Resources and Environment;

c) A copy of the bachelor's degree or above, written confirmation of workplace on working time as prescribed in Point c and d Clause 2 Article 20 of Decree No. 44/2014/ND-CP;

d) A copy of the ID card or passport of the applicant.

2. General Department of Land Administration must receive, inspect the application and grant the License for land pricing within 15 days from the day on which the satisfactory application is received.