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Circular 36/2014/tt-Btnmt: Detailing The Methods Of Valuation Of Land; Build, Tune Land Price Table; Specific Land Valuations And Advice Determines Land Prices

Original Language Title: Thông tư 36/2014/TT-BTNMT: Quy định chi tiết phương pháp định giá đất; xây dựng, điều chỉnh bảng giá đất; định giá đất cụ thể và tư vấn xác định giá đất

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DEPARTMENT OF RESOURCES AND ENVIRONMENT
Number: 36 /2014/TT-BTNMT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 30, 2014

IT ' S SMART

Regulation of the soil valuation method; construction, adjustment

land tables; specific land pricing and soil price determination counseling.

________________

Land Law Base November 29, 2013;

Base of Protocol 44 /2014/ND-CP May 15, 2014 of the Government rules the price of land;

Base of Protocol 21 /2013/NĐ-CP March 4, 2013 of the Government regulates the function, mandate, jurisdiction and organizational structure of the Ministry of Natural Resources and Environment;

At the suggestion of the Director General of the Bureau of Land Management and Legal Affairs,

The Minister of Natural Resources and the Environment Ministry of Natural Resources regulates soil pricing methods; construction, regulation of land price tables; specific land pricing and land price determination consulting.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information regulates the soil valuation method; construction, regulation of land price tables; specific land pricing and land price determination consulting.

What? 2. Subject applies

1. The Agency performs a state management function on land; the agency has the capacity to build, regulate, judge the land price sheet, the specific land valuation.

2. The organization has an advisory function that determines the price of land, the individual who practice consultancy determines the price of the land.

3. Organization, other individuals are involved.

Chapter II

EARTH VALUATION METHOD

What? 3. Direct comparison method

The sequence, which defines the land price according to the direct comparison method, is followed by the following regulation:

1. Survey, gather information

a) The field survey to gather information about land that needs to be priced.

b) Survey, gathering information of a minimum of 3 soil with similar characteristics to land needs to be priced in terms of land use, location, profitability, technical infrastructure conditions and social infrastructure, area, size, shape, and situation. The legal status of land use (later known as comparative land) has been transferred on the market, which has been auceding the use of land for a period of not over 2 years to the time of the land valuation. The collection information content includes:

-The price of land.

-The purpose of using land, location, area, size, shape, elements of technical infrastructure and social infrastructure, the legal status of land use, the time of transfer, the auction of land use, and other information that has an effect on the land. The land.

c) Information on the land price of the comparison land is collected from the following sources:

-The price of land for the power of the land.

-Market price in the database of land;

-The land price was successful on the estate exchange;

-The land price has successfully traded on the market due to the transfer person or the recipient of the land use of the land provided through direct interview.

The successful transaction is the transaction that the recipient of the transfer paid for the transfer party under the agreement and has received the right to use the land.

d) When surveing, gathering information on land prices prioritids information on the cost of land, land prices successfully on the estate exchange, market prices in the database of land, the information that was born on land. Closest to the time of the land valuation and the land valuation zone. In the area where it is not enough information about land prices, information gathering in the vicinity has similar conditions on natural, economic-social conditions, technical infrastructure and social infrastructure with a land-based area.

In the course of the survey, gathering information, no investigation to land that would be transferred to use the land under the district ' s annual land use plan that was approved by the state agency with the authority to approve and parcel land was not eligible to move. In accordance with the laws of the land.

2. Analysis, comparison, adjustment of price levels due to the different factors of land-compared comparisons with soil-valued soil.

a) Analysis, comparison to determine the same and different factors of soil that compare to the soil that needs to be priced.

b) The price adjustment due to the different factors of land-compared to the soil needs to be priced.

The base on the different elements of land-compared to land needs to be priced to adjust the price level of the land compared according to the absolute value or percentage (%).

The regulation of the price of the land comparison is done by the principle of the soil that requires the price of the standard; perform the adjustment in absolute value first, adjusted in the following percentage (%); the elements of the parcel of land compare less than that. The soil needs to be priced, the price of adjustment (plus) the price of the land is compared; the factors of the soil compare better than the land that needs pricing, the price adjustment (except) the price of the land compares.

3. The land price estimate of the land needs to be priced

The estimated land price of the soil needs to be determined by adjusting the soil price of each parcel of land compared due to the different factors of the soil that compares to the soil that needs to be priced in the following formula:

The estimated land price of land needs to be valued according to the comparison.

=

The price of land by comparison

±

Price adjustments are due to the different factors of each parcel of land compared to soil.

For the market price field that fluctuated in the time period from the time of the transfer, the value of land use of land compared to the time of the price of the land cost the land price of the land. The time of determining the price of land in terms of market price volatility markets by the Department of Natural Resources and Environment. Where the Department of Natural Resources and Environment has not announced, the index of the market price volatility of each type of land calculated on the basis of popular land price information on the market has been collected over time or the statistics of the agency. the statistics (if any).

4. Define the land price of land that needs to be priced

Determining the price of the land needs to be priced by taking a number of arithmetic against the estimated price of the land to be determined at Article 3; the land price of the land needs to be determined to guarantee the difference at every estimated land price. No more than 10%.

Examples of applying a direct comparison method to determine land prices at Annex 01 issued this message.

What? 4. Exclusion Method

The sequence, which defines the land price according to the following rules of execution by the following rules:

1. Survey, gather information

a) The field survey to gather information about land-based property attached to the land (later known as real estate) needs to be priced.

b) The survey, gathering information of a minimum of 3 real estate properties similar to that soil needs to be priced in terms of land use, location, profitability, technical infrastructure conditions and social infrastructure, area, size, shape, and situation. The legal status of land use (later known as comparative real estate) has been transferred on the market, which has been auceding the use of land for a period of no more than 02 years to the time of the land valuation. The collection information content includes:

-The price of land.

-The purpose of using land, location, area, size, shape, elements of technical infrastructure and social infrastructure, the legal status of land use, the time of transfer, the auction of land use, and other information that has an effect on the land. The earth,

-Asset information attached to the land.

c) The source of the information collected in accordance with the regulation at Point 1 Article 3 of this Information.

d) During the survey, the market price collection, the surveyman, was in accordance with the provisions at Point 1 Article 3 of this Information.

2. Identilocate the current value of assets attached to the land of the comparable real estate.

The current value of the property attached to the land of the comparable property is determined by the following formula:

The current value of the property is tied to the land of the comparative estate

=

New building value at the time of land valuation

-

Wear value

In it:

-The new construction value at the time of the land valuation is the cost of replacing the newly built asset that has equivalent technical standards or the cost of renewable assets associated with that land. The new construction value includes direct expenses, indirect costs, reasonable profits for the construction investor and the taxes, the fees submitted by the rule of law.

-The depreciation value of the property attached to the soil consists of: tangible wear and invisible wear (including the physical wear worn by decay in the extraction process used; depreciation due to the loss of function; planning changes, economic recession and due to impact). It ' s an external element.)

The new building value method and the depreciation value of the property attached to the land made in accordance with the provisions of the specialized law. Where there is no regulation or guidelines for new building value and depreciation value, the calculation is based on the information, the actual data collected on the market.

3. Estimates of the land price of real estate

The land value of the comparative real estate follows the following formula:

The soil value of the comparative estate

=

Comparative real estate value

-

The current value of the property is tied to the land of the comparative estate

The estimated land price of the comparative real estate follows the following formula:

The land price of the comparable real estate

=

The value of the comparable real estate

Comparison of property of real estate

4. Define the land price of real estate required

The determination of the land price of real estate needs to be specified by regulation at the 2, 3, and 4 Articles 3 of this Information.

Examples of the application of an extraction method to determine the land price at Annex 02 issued this message.

What? 5. The method of income

The sequence, which defines the land price according to the following regulatory method of income:

1. Survey, gather information about the income of land that needs to be priced

a) For non-agricultural land, the per-year average income of land needs to be priced as the average amount obtained from manufacturing, business or rental activities for the five consecutive years, at the time of valuation.

b) For agricultural land the average annual income of the soil needs to be calculated as follows:

-For annual crops, aquacal soil cultivation, soil as salt, the per-year average income is the average amount of money obtained from manufacturing activity for three consecutive years at the time of valuation;

-For long-time crops, forest soil produces per year's per capita income into annual revenue, period revenue, one-time revenue.

c) The undetermined case of the income of the land needs to be priced, gathering information about the minimum income of the minimum three, the same for the purpose of land use, location, profitability, technical infrastructure, and social infrastructure, an area, size, body, and legal status of land use or base on information, actual data collected on the market.

2. Survey, gather information about the cost to form the income of the parcel of land required.

a) The average cost per year is based on the tax credits associated with land use; the cost of the investment of land reclamation; the cost of maintenance, maintenance of construction works attached to the land; the cost of production.

b) The specified expenses at this point of paragraph are calculated as defined by the state authority, which is granted by the state authority. In the absence of a single, single-issued state authority issued by the state authority, gathering information on the cost of similar land on the purpose of land use, location, profitability, technical infrastructure and social infrastructure, area of land, Size, shape, and legal status of land use or base on information, actual data collected on the market.

3. Define the average net income per year in the following formula:

Net income per year

=

Income per year.

-

The average cost per year.

4. Define the value of land that needs to be priced in the following formula:

The value of the land needs to be priced

=

Net income per year

The interest rate deposit savings per year.

The interest rate deposit savings per year (r) in the 03-year continuous period of the land valuation of the $12-term VNE deposit of the state trade bank has the highest savings deposit rate (identified at the time of valuation). land) on the provincial table.

In terms of land production, non-agricultural business uses a deadline, the average annual savings deposit rate is adjusted according to the following formula:

Adjuvable interest rate by deadline =

r x (1 + r ) n

(1 + r ) n -One.

In it: n is the shelf life for the rest of the land that needs to be priced (in the year).

For the case where land needs to be invested, construction of assets associated with the land to put into production, business, after determining the value of land and property attached to the land, implement the current value of the property attached to the property. And the land to determine the value of the land needs to be priced.

The identification of the current value of the property attached to the land is currently specified in paragraph 2 Article 4 of this Information.

5. Define the land price of land that needs to be priced in the following formula:

Land price of land needs to be priced

=

The value of the land needs to be priced

Land-based area required

Examples of the application of the income method to determine the land price at Annex 03 issued this message.

What? 6. The surplus method

The sequence, which defines the land price according to the following regulatory surplus method:

1. Survey, collection of information on land-needed land; information on land use planning, construction planning, permission transfer purposes, and construction regulations were approved by the state authority to determine the effectiveness of the land. the highest and best use of land.

2. Estimates of total assumption of the assumption of real estate

Total benchmark development revenues of real estate are estimated on the basis of the survey investigation, gathering information on the transfer price, rental prices, and other factors that form the revenues of projects that have similar characteristics to the project expected investment. building at the nearest pricing area or adjacent neighborhood is potentially lucrative, the conditions of technical infrastructure and social infrastructure are equivalent; there are trends and volatility levels of transfer prices, rental prices, and other factors that shape the value of the market. Revenue.

3. Estimates the total cost of the assumption of real estate

a) The development expenses include:

-The cost of building engineering infrastructure, social infrastructure, housing construction, other building structures under the planning process have been approved by the state agency; construction of temporary work, auxiliary construction work;

-Equipment Costs include: device procurement costs; technology transfer costs; installation costs, experiments, corrections; transportation costs, insurance; tax, and other types of other related fees;

-Construction investment advisory costs include: the cost of survey consulting, project planning, design, construction monitoring and other consulting expenses involved;

-Project management costs;

-Business expenses include: advertising costs, sales, management; investor profits that take into account the business risk factor and capital expenditures;

-The backup cost for the volume of work that arise and the slip factor during the project execution period;

-Other expenses according to the law.

The total cost of the assumed development does not include compensation funding, support and resettlement according to the approved methodology.

b) The estimated total cost of development is as follows:

Total development costs are estimated on the basis of regulatory costs at this point of paragraph and base on the basis of the degree, the application issued by the state authority. In the absence of a single, single-issued state authority issued by the state agency, gathering information on the common actual cost of similar projects in the nearest area of pricing or adjacent areas of the lucrative vicinity, conditions of future infrastructure. Yeah.

4. The case of an investment in real estate development that lasts for many years, many of which estimate the revenues, the cost of implementation by year and must discount the current value at the time of the land valuation. The estimated total revenue growth, the total cost of the development of the real estate in accordance with the following formula:

In it:

-TR. i is the fifth year sales of the project

-C. i is the fifth year cost of the project

-r is the discount rate (as per the average average loan interest rate at the time of the land price of the VNE loan of the state trade banks on the provincial table to implement the real estate development investment project).

-n is the number of years for the project.

5. Define the land price of land that needs to be priced

The value of the parcel of land needs to be determined by the following formula:

The value of the land needs to be priced

=

Total Development

-

Total Development Cost

The land price of the parcel of land needs to be determined by the following formula:

Land price of land needs to be priced

=

The value of the land needs to be priced

____________________________

Land-based area required

Examples of the application of surplus methods to determine land prices at Annex 04 issued this.

What? 7. Land price adjustments method

The sequence, which defines the land price according to the system price adjustment system method, is followed by the following regulation:

1. Survey, gather information

a) The survey, gathering information on the land price of the minimum of 503 plots of land transferred on the market, was hit by the auction of land rights over a period of no more than 02 years at the time of valuation at the site of land (according to land prices) of the region. The price of land.

In the area where land pricing is not enough information about land prices, information gathering in the vicinity is similar to natural, economic-social conditions, technical infrastructure, and social infrastructure with the land pricing area.

In the process of surveing, the market price collection, the surveyman is in accordance with the regulation at Point 1 Article 3 of this Information.

b) For cases of land that determines the income, costs from the use of land, the collection of information about income, costs from the use of the soil of a minimum of 3 soil chopping land to determine the price of land according to the method of income at each land location. Land at the price of land.

c) To gather information on local economic-social conditions.

2. Identilocate common land prices on the market of each land location

a) Statistics the market share in every position of land for the information collected in accordance with the regulation at the point a and point b 1 This Article.

b) The determination of common land prices on the market of each of the land sites is currently prescribed at paragraph 3 Article 3 of the Digital Protocol 44 /2014/ND-CP May 15, 2014 of the Government Regulation on land price (later called the Digital Protocol) 44 /2014/ND-CP ). For the price of land prices on the market focused on a price range, the price of land is common on the market of each land location determined by taking the average number of land prices in that land position.

3. Define the land price adjustments system

Land price adjustments are determined to be based on popular land prices on the market, local-specific economic conditions and land prices in land prices.

4. Define the land price of land that needs to be priced

The value of the land needs to be priced

=

Land prices in land prices

x

Land Price Adjustments

What? 8. Land valuation method

Based on the collected information, the conditions apply the regulatory land valuation methods at paragraph 2 Article 5 of the Fifth Protocol. 44 /2014/ND-CP to choose the right land valuation method. The necessary case can apply to a combination of regulatory land valuation methods at 1, 2, 3 and 4 Article 4 of the Digital Protocol. 44 /2014/ND-CP to test, compare, to match and decide the price of land.

Chapter III

BUILD, ADJUST THE LAND PRICE

Item 1

BUILD A LAND BOARD

What? 9. Land Table Content

1. Base to the principle of regulation of regulation land at Article 112 of the Land Law; regulatory land valuation method at Clause 1, 2, 3 and 4 Article 4 of the Digital Protocol 44 /2014/ND-CP, The Provincial People's Committee, the Central Committee of the Central Committee (later known as the Provincial People's Committee) presented the Council of People's Commises and passed before the decision to issue a land price board on the provisions of the provisions of Article 11 of the Protocol. 44 /2014/NĐ-CP.

In addition to the land tables specified in this section, for local areas of high technology, the Provincial People's Committee issued a detailed price tag on the land in the high-tech sector.

2. The local people ' s committee of the provincial population of the local reality situation to stipulate increases or discounts on land in there are more favorable or less favorable factors in terms of size, body, profitability, and other factors that affect land prices. It ' s compared to the soil that ' s in the same land at the land price table.

3. During the issue of the land price board that granted the authority to regulate the planning, land use plan; change the purpose of using the land and the addition of roads, the street has not yet name in the existing land price table but not in the specified case at 1 Article 14. of the Digital Protocol 44 /2014/ND-CP The People's Committee of the People's Committee of the Committee of the Land of the Land on the Board of Land is now available to provide the price of land in the price of land and the Standing Committee of the People's Council on the same level before the decision. The Department of Natural Resources and Environment is responsible for helping the Provincial People ' s Commission in the regulation of adding land prices in land prices and reporting the Ministry of Natural Resources and Environment in no more than 15 days from the date of the decision to add land prices in the price sheet. Earth.

4. For the case the land price table has been issued that regulates land prices in place of land, if there is a condition of manpower, funding, the Provincial People ' s Committee of the Provincial Resources and Environment Organization performs land price transfer in place of land in the table. The price of land to land on land with a topographic map is built with building data on land prices.

What? 10. Build a land price board project

1. The project for the construction of the land board includes the following contents: the type of investigation land, the survey; the number of market price investigations; the number of communes, the wards, the investigative town (later known as the inquiry point); human resources, equipment, time, plan, etc. There ' s a plan for the construction of the land board.

2. The project for the construction of the ground table is as follows:

a) Collacing information, joint documentation serving the project's construction includes: geographical location, terrain, geography; economic situation-socioeconomic situation, management and land use affecting ground prices and land prices;

b) Identilocate the number of points of inquiry: the point of inquiry must focus on land price fluctuations and must reach a minimum of 50% in total township, ward, town (later called the township level) of each district, county, town, provincial city (later called level of the district); the point of inquiry must represent the type of investigation land and be distributed all over the district table;

c) Define the amount of land that needs to investigate

The amount of land that needs to be investigated for every single land at every point of investigation must reach a minimum of 50 percent of the total land of the land that has been transferred on the market, which has been auced in the right to use the land for less than two years. The time of investigation, but no less than 03.

For land-based cases that determine the amount of income, the cost of land use is the amount of land required to investigate, survey information to determine land prices according to the income method must reach a minimum of 3 soil at each point of inquiry.

3. Responsibility and approval of the project

a) The Department of Natural Resources and Environment is responsible for the construction of the land board construction project and the Provincial People's Committee approved prior to April 1 of the year construction of the land board.

The project's plan for the construction of the land board was: the project for the construction of the land price table; the paper on the approval of the project; the decision draft of the Provincial People's Committee on the approval of the project.

b) The Provincial People ' s Committee approved the project to build the land price table before April 15 of the year construction of the land board.

What? 11. Prepare to build land price

1. Founded the Board of directors

The Provincial People ' s Committee decided to establish the Board of Implementing The Approved Land Board project. The composition of the Directorate consists of:

a) Leader of the Committee of the Provincial People's Committee, Head of the Department;

b) Director of the Department of Natural Resources and Environment is Deputy Chief;

c) The members of the Directorate are the leadership representative of the Department: Finance, Justice, Planning and Investment, Agriculture and Rural Development, Construction; representative of the leadership of the People ' s Committee of the districts, counties, towns, cities of the province; representative leadership High-tech sector management, economic zone (if available);

The board is tasked with helping the Provincial People's Committee to direct the ranks, which are involved in the organization of the local land price board project.

2. Head of the Board of directors decided to establish the Foundation to help work on the Board of directors.

3. The Department of Natural Resources and Environment is responsible for helping the Board to direct the project building the land price table:

a) The organization's choice of organizational function determines the price of the land market.

b) Help the board to build a board of specialized training land prices, a business for the organization; directing the organization to implement the test, the results of the results of the market price investigation, the results of the total market price at the provincial level, the draft sheet. Land prices and other tasks led by the Head of the General Board.

What? 12. Identilocate the type of township in the land board construction

1. The identification of the type of township in the construction of land tables on agricultural land; land in the countryside; commercial land, rural services; land of production, non-farm business is not commercial land, rural services are carried out in 3 years. The type of commune: the plain, the middle du, the mountain; each of the communes has the following basic characteristics:

a) The commune is a low-terrain, relatively flat and low-level commune with a sea level; the density of the population, the stratification, and the conditions of the production of goods flow more smoothly than the middle east, the mountain;

b) The medium is moderately high terrain (lower than the mountain, higher than the plain), including the area of the area; the population density is lower than the plain, higher than the mountain, the infrastructure and the conditions of producing less favorable commodity circulation. With the plain, and for the profit of the mountain;

c) The mountainous commune is the more terrain-high terrain, including the high mountain area, the complex terrain; low population density, infrastructures, and poor circulation production conditions are more favorable than the median.

The mountain commune is defined by the specified characteristics at this Point and the direction of the National Committee.

2. People ' s Committee of the Provincial Committee of the Provincial Committee of the Committee of the Social, Middle East and Eastern Communes on the prefated provincial table at Clause 1 Article.

What? 13. Identilocate the urban type in the land price sheet

The identification of the urban type in the construction of land tables on land in urban areas; commercial land, urban services; land of production, non-farm business is not commercial land, urban service; land construction, construction site, construction site. Career, land use for public purposes and other non-agricultural land in the municipality is done according to the following regulation:

1. The municipality includes the city, the town, the town was determined by the state authority to establish and rank the municipality;

2. The municipality is divided into six categories: special type municipality, type I municipality, type II municipality, type III municipality, type IV municipality, type V municipality according to the law. For the uncharted town, it is classified as a V-type municipality.

3. The provincial Committee of the People's Provincial Committee is based on the decision to establish and rank the municipality due to the state authority approved by the provincial authority over the provincial capital cities to apply the land price framework accordingly.

What? 14. Define the area in the land table construction

The identification of the area in the construction of land tables for land in the countryside; commercial land, rural services; land of production, non-farm business is not commercial land, rural service; land construction, organ construction, construction land, and land. work of career, land use on public and non-agricultural land in the countryside according to the following rules and practices:

1. Area 1: the most lucrative area and the most favorable infrastructure conditions;

2. The following areas: the area with lower profitability and less favorable infrastructure than the adjacent area.

What? 15. Identilocate the land in the land table construction

1. For the annual crop of crops including rice crops and other annual crops; the perennial crops; the land of production; the breeding ground; the land as salt, the identification of land by each township or administrative unit. The primary district is based on crop productivity, infrastructure conditions, manufacturing advantages, other businesses (for annual crops, perennial crops); based on infrastructure conditions, the advantages for manufacturing, other business, and business. the distance from the residence of the community of people using land to the production site, the distance from the production site to the consumer market consumption market. (for aquacal soil farming, soil as salt) and execution by the following regulation:

a) Position 1: the position at which soil plots have the most favorable elements and conditions;

b) The next position: is the position at which soil plots have less favorable elements and conditions than the adjacent position.

2. For land in the countryside; commercial land, rural services; land of production, non-farm business is not commercial land, rural service is the identification of land in every road, section of road or base area on condition of the site. Technical infrastructure, social infrastructure, manufacturing advantages, business in the region; the distance to the political, economic, trade in the region and the following regulations:

-Position 1: the position at which soil plots have the most favorable elements and conditions;

-The next position: is the position where soil plots have less favorable elements and conditions than the adjacent position.

3. For land in urban areas; commercial land, urban services; land of production, non-farm business, non-commercial land, urban services, land-based identification of land, roads, and roads, and blocks on conditions. Technical infrastructure, social infrastructure, manufacturing advantages, business in the region; the distance to the political, economic, and commercial center in the region and in the following regulations:

a) Position 1: the position at which soil plots have the most favorable elements and conditions;

b) The next position: is the position at which soil plots have less favorable elements and conditions than the adjacent position.

4. The provincial committee of the provincial population stipulated at Clause 1, 2 and 3 This, market land price and local reality situation stipulated the specific criteria for determining the location for each land; the amount of land location and the price of each land location. It ' s a land price.

What? 16. Investigation, survey, collection of market price information; natural, economic-social factors, management and land use affecting land prices at the point of investigation, the report said.

1. The investigation, survey, collection of market price information; natural, economic-social, management and land use affecting land prices at the point of inquiry conducted from 1 May to the 1 July 1 of the year of the year construction of the table. the land and the following regulations:

a) Investigation of the survey, gathering information on the market land price of a minimum of 3 subplots representing each location of the land at the point of investigation for each type of soil according to the sample type 01 to the Annex 05 of the Annex 05 issued by this message.

In addition to the investigation content, the survey stipulated at this Point, the Provincial People ' s Committee may add other information to the investigative vote in response to a request for the local land price table.

b) The survey, gathering information on natural, economic-social factors, management and use of land affecting land prices at the point of investigation by the 6th Form of Annex 05 issued by this message.

2. End of investigation of the survey, gather market price information at each of the test points to check, sweep the entire ballot check and determine the price level of the land positions. The price level of the land location is determined by the average number of the price levels of the soil that investigated, surveys at each location of the land.

For land positions without information on market land prices, the base at the land price in the existing land table, the price of the land positions was determined, applying the direct comparison method stipulated at paragraph 1 Article 4 of the Digital Protocol. 44 /2014/ND-CP and Article 3 of this message to determine the price level of the remaining land positions.

3. Statistics the market price at the point of investigation conducted by the Annex 7 of Annex 05 issued by this message and the construction of the report on the situation and the results of the market price investigation at the point of investigation. The report consists of the following primary content:

a) Comment on the investigation point;

b) Assessment of the situation and results of market price investigation at the point of inquiry; volatility situation and volatility (increase or decrease) levels between market land prices with land prices of the same type in the existing land price table;

c) Proposition the price of the land positions at the point of inquiry.

4. A survey of survey results, gathering market price information at the point of inquiry must be completed before July 10 of the year building of the land price table. The profile consists of:

a) Votes to gather information about the point of inquiry;

b) To gather information on land;

c) The ballot board collects information about the land;

d) Report on the situation and the results of the market price investigation at the point of inquiry.

What? 17. Total results of the investigation, gathering market price information at the district level

1. The aggregation of the results of the investigation, the collection of market price information at the district level according to the sample from Form 08 to the Annex 11 of the Annex 05 issued with this message.

2. Build a report on the situation and the results of the market price investigation at the district level. The report consists of the following primary content:

a) Comment on the natural, economic-social, management and use of land affecting land prices on the district level;

b) Assessment of the situation and results of investigation, collection of market price information; volatility and volatility levels (increase or decrease) between market land prices with land prices of the same type in the existing land price table at the district level;

c) Proposition the price level of land positions on the district level.

3. A composite record of the results of the investigation, gathering market price information at the district level must be completed before July 20 of the year construction of the land board. The profile consists of:

a) The sum of land on the land of the district;

b) Report on the situation and results of the market price investigation at the district level.

What? 18. General results of the investigation, collect market price information at the provincial level and evaluate the results of the implementation of the existing land sheet.

1. The aggregation of the results of the investigation, the collection of market price information at the provincial level performed by a sample from Form 12 to the Annex 14 of Annex 05 issued by this message and must be completed before August 1 of the year construction of the price sheet. Earth.

2. Analysis, evaluate the results of the current land price sheet

a) Assessment of volatility and volatility levels (increase or decrease) between market land prices with land prices of the same type in the existing land price table.

b) Review the regulations in the current land price table.

What? 19. Building the Land Table

1. The land price table is built as a ground location by a sample from Form 15 to the Annex 19 of Annex 05 issued by this message. The case of land tables was built to each of the land, according to the 20 Appendix of Appendix 05, issued by this message.

2. Treatment of land prices in the border area

a) Committee of the Provincial People's Provincial Committee on Decree 1 Article 13 of the Digital Decree 44 /2014/ND-CP to rule out the area bordering the provinces, the Central City of Central (later known as the border area).

b) The Provincial People 's Provincial Committee is responsible for sending a draft of the local land price table to the Provincial People' s Provincial Committee whose land borders the border to take the opinion; posting the ongoing land price table on the Electronic Information Page of the Provincial People ' s Committee, the Department of Natural Resources and The environment. In no more than 15 days from the date of receiving the land price bill, the Provincial Committee of the Provincial People's Land must have the text of reply.

The difference in land prices at the border area in the draft land price table exceeds the regulation at paragraph 2 Article 13 of the Digital Protocol. 44 /2014/ND-CP The People's Committee of the Provincial People's Committee of the Territorial Prefecture must agree with each other on land prices scheduled to be issued in the area of the border.

The ununified case was reported by the Ministry of Natural Resources and Environment on 15 September of the year of the construction of the land board for settlement. In the case of the Provincial People's Committee and the Ministry of Natural Resources and the Environment and the Environment and Environment, the Ministry of Natural Resources and the Environment of the Environment, the Ministry of Natural Resources and Environment report the Prime Minister's review, the decision.

3. Build an intelligence report that builds the land board. The report consists of the following primary content:

a) Evaluation of natural, economic-social conditions, management and land use affecting land prices on the provincial table;

b) Assessment of the situation and results of the investigation, gather market price information on the provincial table; results in the implementation of the existing land price table;

c) Assessment of the right or unsuitable assessment of the land price in the land price table relative to the land price framework; the results of the market price investigation; the land price in the land table price draft of the provinces, the Central City of the Central City has borders (if any);

d) The regulation of the soil location; the application of soil valuation methods and the price of soil types in the land price table draft; the methods for the price of soils (if any);

) Assessment of the impact of the land board project to the economic-social situation, the investment environment, the implementation of financial policy on land and income, the life of the household, the individual, the organization of land use.

4. Build the paper on the board of land price boards.

5. The organization takes the opinion of the agencies, organizations, individuals involved in the land price board draft and the completion of the land price board draft.

What? 20. Land table draft appraappraisin

1. The Department of Natural Resources and Environment to the Board of Appraisal of the Land Table Board appraisal of the land price table before October 15 of the year construction of the land price sheet. The profile consists of:

a) The report of the board of the land of the land;

b) Proposition of the land price table;

c) The theory of building the land price table (including Form 12 to the Annex 14 of the Annex 05 issued by this message).

2. Content table appraisal of the Land Board appraisal implementation pursues to the guidelines of the Ministry of Finance and the Ministry of Natural Resources and Environment.

What? 21. Complete the land price board draft; the Provincial People ' s Council adopted; the decision to enact the land price board

1. The appraisal text base of the Land Table appraisal Council, the Department of Natural Resources and Environment, fining the land price table and the Provincial People's Committee. Provincial Committee of the Provincial People's Committee on Protocol 2 Article 12 of the Digital Protocol 44 /2014/NĐ-CP.

2. People's Committee of the Provincial Committee of the People's Assembly of the same level. Provincial Council of the Provincial People's Assembly executed by regulation at paragraph 3 Article 12 of the Digital Protocol 44 /2014/NĐ-CP.

3. After receiving the Resolution of the Provincial People 's Assembly, the Provincial People' s Committee directed the Department of Natural Resources and Organizational Environment to complete the land price sheet construction profile; the decision to issue and publish public land price tables locally on January 1. January of the first year.

4. The Department of Natural Resources and Environment is responsible for reporting the Ministry of Natural Resources and Environment on the results of the land price table construction before January 15 of the first year to sum up and report the Prime Minister. The results of the construction of the land price table include:

a) the decision of the table of the land;

b) The theory of building the land price table;

c) The total land price for each land on the provincial table.

Item 2

ADJUST LAND PRICE

What? 22. Prepare to adjust the land price board

The base of cases regulating the land price table stipulated at paragraph 1 Article 14 of the Digital Protocol 44 /2014/ND-CP, The Department of Natural Resources and Environment is responsible for organizing the following content:

1. The land price table adjustment project is carried out by regulation at Article 10 of this Smart, which focuses on only the investigation, survey the market price for soil type, land location, area of land price volatility;

2. The organization option has a consulting function that determines the land price implementation project under the rule of law.

What? 23. Investigation, survey, collection of market price information; natural, economic-socioeconomic factors, management and land use affecting land prices at the point of investigation, the report said.

1. The investigation, survey, collection of market price information; natural, economic-social, management and land use affecting ground prices that are defined by provisions 1, 2 and 3 Article 16 of this Information.

2. The survey results of the survey, which collects market price information at the point of inquiry include:

a) Votes to gather information about the point of inquiry;

b) To gather information on land;

c) The ballot board collects information about the land;

d) Report on the situation and the results of the market price investigation at the point of inquiry.

What? 24. General results of the investigation, collect market price information and evaluate the results of the current land price board.

1. Total results of the investigation, collection of market price information at the district level

a) The synthesis, construction of the report on the situation and the results of the investigation, the collection of market price information at the district level in accordance with regulation at paragraph 1 and paragraph 2 Article 17 of this Information.

b) The results of the combined results of the investigation, the collection of market price information at the district level include:

-Land aggregation table on the district table;

-Report on the situation and the results of the market price investigation at the district level.

2. Total results of the investigation, gather market price information at the provincial level and evaluate the results of the existing land sheet.

The combined results of the investigation, the collection of market price information at the provincial level and evaluating the results of the implementation of the current implementation of the land table in accordance with Article 18 of this Information.

What? 25. Build an edit land panel

1. The construction of the adjusted land price sheet of a soil type, certain soils or all soils in the land price table; regulate land prices at a ground position, some ground or all of the ground positions currently prescribed at Clause 1 Article 19 of the land. This is private.

2. Processing the land price in the land price table at the border area (if any).

3. Build an investigative report that builds the tuning land panel.

4. Build the Paper On the Board of Adjustment Land Auction.

5. The organization takes on the opinion of the agencies, organizations, individuals involved in the draft land price table draft and the complete completion of the adjusted land price table.

What? 26. The modification of the adjusted land panel

1. The Department of Natural Resources and Environment to Deposit Board the land price board appraisal ground price board. The profile consists of:

a) The report of the board of the price of the land that regulates;

b) Draft table price table;

c) The theory of constructing a correctable land table (including Form 12 to the Annex 14 of the Annex 05 issued by this message).

2. Content table appraisal of the Council of Land Board appraisal implemented by the guidelines of the Ministry of Finance and the Ministry of Natural Resources and Environment.

What? 27. Complete draft of the adjusted land price table; Permanent presentation of the provincial population to the provincial population and decision to issue a revised land price board

1. The appraisal text base of the Land Board appraisal Council, Department of Natural Resources and Environment, fining the draft land price table and the Provincial People's Committee. Provincial Committee of the Provincial People's Committee on Protocol 5 Article 14 of the Fifth Protocol 44 /2014/NĐ-CP.

2. The Standing Committee of the Standing Committee of the People's Assembly on the same level. The Permanent Council of the Permanent Council of the Provincial People to the Provincial Council on paragraph 6 Article 14 of the Digital Protocol 44 /2014/NĐ-CP.

3. After receiving the text of the Standing Committee of the Provincial People 's Assembly, the Provincial People' s Committee directed the Department of Natural Resources and Organizational Environment fining the land price sheet adjustment record; the decision to enact and publicly announce the adjusted land price table at locality and report to the Council of the People of the same level at the most recent session.

4. The Department of Natural Resources and Environment is responsible for reporting the Ministry of Natural Resources and Environment on the results of the construction of the adjusted land board in the period of no more than 15 days from the date of the signing decision to sum up and report the Prime Minister. The results of the construction of the adjustment land table include:

a) The decision to enact the price of the land was adjusted;

b) The theory of creation of the tuning land price table;

c) The total market price for each land on the provincial table.

Chapter IV

DEFINE THE SPECIFIC LAND PRICE AND CONSULTING THE LAND PRICE

What? 28. Planning a specific land price plan

1. The annual land use planning base of the district level, the state-owned enterprise equity plan, the Department of Natural Resources and Environment Planning the specific land price of the next year to the Provincial People ' s Committee before June 30 every year.

2. The specific land price plan includes the following main content:

a) To predict specific land price needs;

b) The institution must lease an organization with a consulting function that determines the price of land and the number of organizations with a consulting function that determines the price of land;

c) The timing and funding of land valuation.

What? 29. Prepare for specific land valuation

The base for the specific land pricing plan has been approved by the Provincial People ' s Committee, the Department of Natural Resources and Environment to implement a specific land valuation that includes the following content:

1. Define the purpose of land pricing, implementation time, and budget.

2. Preparing of land-based records that need to be priced included:

a) the location, area, land type, and the shelf life of the land;

b) The planning information, land use plan, detailed construction planning has been approved by the state agency and other regulations concerning the management, use of the land needs to be priced.

3. Options, the signing of an organization lease organization that determines the price of land for the private property that determines the price of land.

What? 30. Investigation, synthesis, analysis of information on soil soil, market land prices; the application of land pricing methods and building of the land price variation.

1. The investigation, aggregation of information on soil, market value, the market price is made by a sample from Form 01 to the Annex 05 of the Annex 05 issued by this message.

2. The base of information has been collected, applying regulatory land valuation methods at Clauses 1, 2, 3 and 4 Article 4 of the Digital Protocol. 44 /2014/ND-CP and stipulate at Articles 3, 4, 5 and 6 of this Smart to determine the land price.

For example, the organization has an advisory function that determines the price of land, and the organization has an advisory function that determines the price of land that is required to build a land price certificate under the Number 21 Appendix of Appendix 05 issued by this message.

3. Build a land price variation with the theory of building the land price method according to the following key content:

a) the purpose of the purposes of the land and the information of the land that needs to be valued;

b) Assessment of the situation and results of the investigation, aggregation of market land price;

c) The application of the land valuation method;

d) The results determined the price of the land and proposed land price methods;

) Assessment of the economic-social impact of the land price methods.

4. The Department of Natural Resources and Environment, evaluate the results of the determination of land prices and land price variation; construction of the paper on land price decision making.

What? 31. Land Price Judge

1. The Department of Natural Resources and Environment Appraisal Committee on land price record. The profile consists of:

a) The report of the decision of the land;

b) Proposition of the earth price equation;

c) The draft statement of the theory of building the land price variation.

2. Content appraisal of the land price variation of the land price appraisal Council follows the guidelines of the Ministry of Finance and the Ministry of Natural Resources and Environment.

What? 32. Perfation of the land price project, the Provincial People ' s Committee decided the land price.

1. During the period of no more than 05 days of work since the date of receiving the appraisal text of the land price appraisal Council, the Department of Natural Resources and the Environment Reimbursable Project of the Provincial Committee for the Provincial People's Committee decided. Provincial Committee of the Provincial People's Committee on Protocol 2 Article 16 of the Digital Protocol 44 /2014/NĐ-CP.

2. During the period of no more than 05 days of work since the date of receiving the proposed text of the Department of Natural Resources and Environment, the Provincial People ' s Committee is responsible for determining the land price.

3. The Department of Natural Resources and Environment has the responsibility to store all specific land-specific land pricing results; statistics, aggregation, and report of the Ministry of Natural Resources and Environment on local specific land pricing results before January 15 each year.

What? 33. Define the specific land price in accordance with the land price adjustment system method for the specified case at Point 2 Article 2 Article 18 of the Digital Protocol 44 /2014/ND-CP

1. The investigation, aggregation of information on soil, market prices performed by a sample from Form 01 to the Annex 05 of the Annex 05 issued this message; gathering information on local economic-social conditions.

2. The base of information has been collected, applying the prescribed land price adjustment factor system at paragraph 5 Article 4 of the Digital Protocol. 44 /2014/ND-CP and Article 7 of this information to build the land price adjustment system.

3. Building the land price adjustment system with a report of the theory of building the land price adjustments system according to the following key content:

a) the purpose of the purposes of the land and the information of the land that needs to be valued;

b) Assessment of the situation and results of the investigation, the synthesis of information on market land prices; economic conditions-the society that affects land prices in the locality;

c) The adoption of the land price adjustment system;

d) The result of building the land price adjustment system and the proposal of the land price adjustment system;

) Assessment of the economic-social impact of the land-regulating systems.

4. The Department of Natural Resources and Natural Resources, evaluate the results of the construction of the land price adjustments system and the land price adjustment factor method; construction of the equation on the decision to adjust the price of land prices.

5. The appraisal of the project of the land price adjustment system; fining the draft of the land price adjustment system and the Provincial People's Committee to determine the current implementation of the land price adjustment system in accordance with Article 31 and Article 32 of this Information.

6. People ' s Provincial Committee of the Standing Committee on Decree 2 Article 18 of the Digital Decree 44 /2014/ND-CP and in fact locally to determine the case of applying the land price adjustments system specified at this.

What? 34. The organization option has a land price determination advisory function

1. Base for specific land pricing planning and land-based filing needs pricing, the Department of Natural Resources and Environment makes the choice of the organization to have a consulting function that determines the price of land as defined by the law of bidding.

2. The case applies the widely used method of bidding, the Department of Natural Resources and Environment is as follows:

a) The establishment of the organization of bidding and construction of criteria, method of evaluation of bids;

b) The content announcement and bids are made publicly on the popular media according to the legislation of extensive bidding;

c) The evaluation of the bids for implementation in accordance with the objective principle, honesty on the basis of specific assessment criteria specified at the tender invitation profile;

d) The decision to choose the organization has the consulting function that determines the land price that performs the specific land valuation.

3. For the case of applying the method of bidding by law of the bid, the Department of Natural Resources and the Environment performs the capacity assessment and the decision to select the organization has a consulting function that determines the cost of the land. Yeah,

What? 35. Sign of an organization lease has an advisory function determining land price

1. The base decides that the organization has an advisory function that determines the price of land, the Department of Natural Resources, and the Environment Contracting Environment, which has a consulting function that determines the price of land.

2. The lease for the organization has a consulting function that determines the land price that includes the following main content:

a) Name, address of the Department of Natural Resources and Environment; the organization has a consulting function determining land price;

b) The purpose of the land;

c) The soil information needs to be priced: location, area, land type, and shelf life use valuation;

d) Time to determine the price of the land;

The results of the price of land include: A share of market price information; the results of the total market price; the land price certification, and the reporting of the land price method, the land price adjustment system;

e) The cost of land pricing and method of payment;

g) the rights and obligations of the parties in the implementation of the contract.

What? 36. Presentation, Land Price Certificate procedure

1. The application of the land price certificate filing a certificate of land price certificate at the General Administration of Land Management. The profile consists of:

a) The Certificate of Land Price Certificate (according to the Index 22 of Annex 05 issued by this message);

b) The copy of the certificate has completed the fostering of land valuation according to the fostering program issued by the Ministry of Natural Resources and Environment;

c) A copy of the university diploma or graduate degree, the agency ' s confirmation paper, the organization where work on the time of work stipulated at Point c and Section 2 Article 20 of the Digital Protocol 44 /2014/ND-CP;

d) The copy of the people or passport of the application of the certificate of the land price certificate.

2. The General Administration of Land Management is responsible for receiving, checking the records and the certification level of the land price specified for no more than 15 days from the date of receiving valid records.

Chapter V

EXECUTION CLAUSE

What? 37.

1. This message came into effect from August 13, 2014.

2. This information replaces the Digital 145 /2007/TT-BTC December 6, 2007, of the Minister of Finance, the Guide to the Digital Protocol. 188 /2004/ND-CP November 16, 2004 of the Government on the method of determining land prices and framing of land types and Protocol 123 /2007/NĐ-CP July 27, 2007 of the Government amended, adding some of the provisions of the Digital Protocol. 188 /2004/ND-CP; Number of federated Numbers 02 /2010/TTLT-BTNMT-BTC January 8, 2010 by the Minister of Natural Resources and Environment and Minister of Finance guidelines for construction, appraisal, land price board and land price adjustments under the jurisdiction of the Provincial People's Committee, Central City.

What? 38.

1. Ministry, peer agency, government agency; People's Committee of the Provinces, the Central Committee of the Central Committee, is responsible for directing the implementation of this information.

2. The Bureau of Land Management is in charge of the inspection, the foreman doing this.

3. The Department of Natural Resources and Environment is responsible for the Committee of the Provincial People's Committee, the Central City of the People's Republic of China.

In the course of execution, if there is difficulty, the agencies, the organization, the individual reflects in time to the Ministry of Natural Resources and the Environment for consideration, resolve.

KT. MINISTER.
Chief.

(signed)

Nguyen Meng Hsien