DECREE

Land price rules

________

Government Law Base December 25, 2001;

Land Law Base November 29, 2013;

At the suggestion of the Minister of Natural Resources and Environment,

Government It's an order to make a decree on land prices.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This decree specifies the land valuation method; construction, regulation of land price framework, land price tables; specific land pricing, and consulting activities that determine land prices.

What? 2. Subject applies

1. The Agency performs a state management function on land; the agency has the construction function, regulation, land price appraisal, land price table, concrete 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.

What? 3. Explain words

In this decree, the words below are understood as follows:

1. The parcel of land is soil that at the time of valuation there is no other housing and property attached to the land.

2. Net income is the income determined by taking the total income minus the total cost.

3. The prevailing land price on the market is the price that appears at the most frequency in the transferable transactions on the market, which is hit by the price of land use, the land price determined from the cost, the income of the land that has the same purpose in use at an area and for a certain amount of time.

What? 4. Land valuation method

1. The direct comparison method is the land valuation method through the analysis of the price of the same empty land on the purpose of land use, location, profitability, infrastructure conditions, area, body, body, and body size. The land (later known as the comparative land) has been transferred on the market, which has been auceding the right to use the land for comparison, determining the price of the land that needs to be priced.

2. The extraction method is the land valuation method for land-based property that is associated with the soil by excluding the portion of the property value attached to the soil from the total estate value (including soil value and property value attached to the soil).

3. The income method is a bargaining method by trading between a net income per year per unit of land area compared to a per-year average savings deposit rate at the time of the land valuation of the deposit. The 12-month term in the state trade bank has the highest savings deposit rates on the provincial table.

4. The surplus method is the land valuation method for land that has the potential to develop under land use planning, construction planning or permission to transfer the purpose of land to use the highest and best use by eliminating the total cost of an estimated land. I mean, out of the real estate development revenue.

5. The land price adjustment factor method is the land valuation method by using a land price adjustment system (x) with land prices in the land price table issued by the Provincial People 's Committee, the Central Municipal City (later known as the Provincial People' s Commission). Go.

What? 5. Apply land valuation method

1. The request for information in the application of land valuation method:

a) The information on land prices has been transferred on the market, land price hits the rights to land use, land prices in the land-based database, land prices on the estate exchange, land prices defined from the cost, income of parcel land (the following call). is the market price of the market) to ensure the objective, to be honest.

In the area where the land price is not sufficient, it is possible to gather information in the vicinity of the area with the land of the land that needs to be priced.

b) When applying soil valuation methods must prioritiate the selection of regulatory information at this point of paragraph at the land valuation area and at the time closest to the time of the land valuation.

2. The condition of applying the soil price method:

a) The direct comparison method is applied to price land when in the market there is a transfer of comparative land on the market, which was hit by the value of land use;

b) The extraction method applied to valuation for land-based property attached to the soil in the event of sufficient quantities of the price of real estate (including land and property attached to the land) is similar to that of the transfer of the ceded price on the market. the school, the auction of the power of the land;

c) The income method is applied to valuation for land that determines the income, costs from the use of land;

d) The surplus method applied to valuation for land that has the potential to develop due to a change of planning or to transfer the purpose of using the soil when it is determined by the total cost of the assumption and total cost of estimation;

The method for regulating land price adjustments is applied to price land for specified cases at paragraph 2 Article 18 of this decree.

Chapter II

BUILD, REGULATE SOIL PRICE FRAMEWORKS, LAND PRICE TABLES, SPECIFIC LAND PRICING AND LAND PRICE DETERMINATION COUNSELING.

Item 1

CONSTRUCTION, SOIL PRICE ADJUSTMENT

What? 6. Land Framework Construction Base

The construction of the land price framework must be based on the principle of regulation of land provisions at Article 112 of the Law of Land, the regulatory land valuation method at Articles 1, 2, 3 and 4 Article 4 of this decree; combined results, analysis of information on land prices. school; natural, economic-social, management and land use affecting land prices.

What? 7. Land Frame Content

1. Regulation the minimum price, maximum for the following types of soil:

a) The agricultural land group:

-The annual crop price frame includes rice cultivation and other crops of crops.

-A long tree for a land for planting trees.

-The forest floor price of the forest.

-The land price for aquacowork.

-The land price is salt.

b) Non-agricultural land group:

-The land price frame in the countryside;

-Commercial land framework, rural service;

-The land price framing, non-farm business is not commercial land, rural services;

-The land price is in the municipality.

-The commercial land framework, the service in the municipality;

-Productive land framework, non-agricultural business is not commercial land, urban service.

2. The land price framework is regulated by the economic regions, the following type of municipality:

a) The economic zone consists of: the Middle East and the Northern Mountains, the Red River Delta, the North Central region, the Southern Central Coast, the Central Highlands, the southeastern region, the Mekong Delta.

The regulation of agricultural land prices; non-agricultural land in the countryside of each economic zone is defined by the three types of plain, middle-or mountain-based communes.

b) The types of municipalities include: Special categories, Type I, Type II municipality, type III municipality, type IV municipality, type municipality.

The regulation of non-agricultural land prices in the municipality is defined by the economic zone and the urban type.

3. The land price framework is used as a base for the Provincial People ' s Provincial Committee to make up the local land price board.

What? 8. Presentation, land frame construction procedure

1. The sequence of the land price framework implemented by the following regulation:

a) Define the type of land, the economic zone, the type of municipality in the construction of the land price frame;

b) Investigation, synthesis, analysis of information on market land prices; natural, economic-economic factors, management and land use affecting land prices;

c) Analysis, evaluating the results of the current land price frame;

d) Build the land framework and the equation for the board of the land price framework;

The organization took an opinion on the framework of the land price framework;

e) the draft of the land price framework;

g) Complete the original Government Land Framework.

2. The government building framework construction profile includes:

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

b) Proposition of the land price frame;

c) The theory of building the land price frame;

d) Land frame appraisal text.

3. The Ministry of Natural Resources and Environment is responsible for the construction of construction, the Government of the Government that enacted the annual land price framework once. The Ministry of Finance is responsible for organizing a land-frame appraisal.

What? 9. Land Framework adjustments

1. As the prevailing land price on the market rises from 20% or more to the maximum land price or down from 20% or more from the minimum land price in the land price frame over a period of 180 days or more, the Government regulates the land price framework.

2. Land price adjustment content:

a) The minimum price adjustment, the maximum of a soil type or some kind of land or all soils in the land price frame;

b) regulate land price frameworks in an economic zone or some economic zone or all economic regions; in a municipality or some type of urban or all urban types.

3. The ground price framework adjuvers to the following regulation:

a) Define the type of land, the economic zone, the type of municipality that needs to adjust the land price frame;

b) Investigation, synthesis, analysis of information on market land prices; natural, economic-economic factors, management and land use affecting land prices;

c) Analysis, evaluating the results of the current land price frame;

d) Build the tuning land framework and the paper on the regulation of the land price framework;

The organization is aware of the framework for the framework of the adjustment of the land price;

e) The draft of the adjusted land price framework;

g) Complete the framework of the Executive Government program enacted.

4. The Administrative Land Framework of the Executive Government issued includes:

a) The presentation of the board of the framework of the adjustment of the land price;

b) The framework of the adjustment land price framework;

c) The theory of persuaing the framework of the adjustment land price;

d) The Office of the Adjustment Land Framework.

5. The Ministry of Natural Resources and Environment is responsible for the construction of the construction, the Government enacted the adjusted land price framework. The Ministry of Finance is responsible for organizing the regulation of the adjusted land price framework.

Item 2

BUILD, ADJUST THE LAND PRICE

What? 10. Land Table Construction Base

The construction of the land price sheet must be based on the principle of the land price specified at Article 112 of the Land Law, the regulatory land valuation method at Articles 1, 2, 3 and 4 Article 4 of this decree, the land price framework specified by the Government; combined results, analysis. information about market land prices; natural, economic-social factors, management and land use affecting land prices.

What? 11. Land Table Content

1. Regulation of land price tables for the following types of soil:

a) The annual tree-growing board of rice crops and other annual crops;

b) The land for perennial crops;

c) The land price sheet of the forest produces;

d) The land price of aquacrowork;

The price of the earth is salt;

e) The land price table in the countryside;

g) Table of commercial land, service in the countryside;

h) The land price sheet produces, non-farm business is not commercial land, rural service;

i) The land price is in the municipality;

n) The commercial land price table, service in the municipality;

l) The land price sheet, the non-farm business is not commercial land, service in the municipality;

In addition to the land tables specified in this paragraph, the Provincial People's Committee is issued in detail the price of land on the land classification specified in Article 10 of the Land Law in accordance with local practice.

2. The land price sheet is built in the ground position. For the local nature of the land map and the conditions of manpower, the cost of the land was built to each land.

3. Land price regulation in land price tables:

a) The price of land in the land price specified by the principle of the soil of the land, then applies the land price of that land by regulation at Article 7 of this decree and must be consistent with the land price framework.

For land in urban areas; commercial land, urban services; land of production, non-agricultural business, non-commercial land, services in urban areas with high profitability, have an advantage in the use of land made by manufacturing, business, commerce, and business. Based on local realities and services, the Provincial People ' s Committee is regulated higher than 30% higher than the same land in the land price frame; the case stipulated that the land price is 30% higher. The Ministry of Natural Resources and Environment review, decided.

For agricultural land in the residential area, in the administrative boundaries of the ward, the provincial population is regulated by the local community, but not more than 50% above the maximum price of the same land in the land price frame;

b) For the land of the land of the defense and the land of the use, the Provincial Committee of the People's Provincial Committee on the price of the forest produced in the adjacent area was specified in the land board and the base of the land valuation to the extent of the land price;

c) For other types of agricultural land, the Provincial People ' s Committee of the Provincial Population at the price of agricultural land types in the neighboring region has specified in the land price table to rule the land price;

d) For the land used for business purposes for business purposes, the land of building offices, land construction land, the People's Committee of the Provincial People's Committee on the land of production, business for land used for public purposes. Business or land prices are on the basis of the organ, the land that built a career in the adjacent area of the land at the price of land for the price of land;

For rivers, rivers, canals, streams, streams, streams, and water items used for aquacrobreeding purposes, the land cost of aquacal crops; used for non-agricultural purposes, or used for non-agricultural purposes combined with livestock. Fisheries, the People's Committee, based on non-agricultural land prices in the neighborhood, decided to scale land prices.

4. For unusable land, when the state agency has the authority to deliver land, lease land to put in use, the Provincial Committee of the People ' s Provincial Committee on the land and price of the land and the purpose of use has been delivered land, leasing land in the region. To the extent of the land price.

5. The land price sheet is used as a base for application in the prescribed cases at paragraph 2 Article 114 of the Land Law.

What? 12. Presentation, Land sheet construction procedure

1. The building of the land price table is done by the following regulation:

a) Define the soil type, the land location according to the plain, middle du, mountainous and urban areas on the provincial administrative unit site;

b) The investigation, synthesis, analysis of market price information; natural, economic-economic, management and land use affecting land prices;

c) Analysis, evaluating the results of the existing land price table;

d) Building the land price table and the paper on the issuing of the land price board; handling the land price in the land price table at the border area as specified at Article 13 of this decree;

The organization took an opinion on the land price board.

e) Complete the Provincial Committee for the Provincial People ' s Land table;

g) the draft of the land price table;

) The assembly of the people and the people of the same level through the tables of the land;

i) The Provincial People ' s Committee decided to enact the land price board.

2. The profile building of the Provincial People 's Committee on the Provincial People' s Committee includes:

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;

The text of the land price.

3. The filing of the Provincial Council for the Provincial People's Council passed by: The Department of the Provincial People's Committee; the land price table and the Report of the Land Table.

4. Appraisal of the land price table issued by the Land Board appraisal Council, the Provincial People ' s Committee decided to establish the Land Table Appraisal Council consisting of the following components:

a) Leader of the Committee of the People's Committee as Chairman of the Council;

b) The leadership of the Finance Department is Permanent Council; the representative head of the Department of Natural Resources and the Environment, the Department of Justice and the District People's Committee, the district, the town, the provincial city (later known as the District People's Committee); the organization has a private function. the question of land prices or experts on land prices and other members of the provincial People's Committee.

5. The Department of Natural Resources and Environment is responsible for the construction, the Provincial Committee of the Provincial People's Committee issued a local land price board of the year periodically and publicly announced on January 1 of the first year.

What? 13. Processing the land price in the border area between the provinces, the Central City of Central when building land prices.

1. The area bordering the provinces, the Central City of Central (later known as the bordering area) is regulated by the following types of land:

a) For agricultural land in the area bordering on the boundary of the border between the provinces, the central city of the Central city to the depth of each province, the maximum city of 1,000 m;

b) For non-agricultural land in the area bordering the border is determined from the administrative border between the provinces, the Central City of Central to the depths of each province, the maximum city of 500 m;

c) For the neighboring area bounded by the river, the lake, the channel has a staple width from 100 m or down, the area of the land bounded by the banks of the river, the bank of the lake, the waterfront of each side of the river, the lake, the channel to the depth of each province, the city of the city. It ' s in the Central Committee, at the point a and point b. In the case of the width of the river, the lake, the main channel above 100 m, does not list the neighboring land.

2. The land in the border area has the same purpose of use, profitability, income from the use of the same land, which regulates the same price. Where there is a difference in the above factors, the land price in the border area may vary but the maximum difference is no more than 30%.

3. The Provincial People 's Committee is responsible for sending a draft of the local land price table to the Provincial People' s Provincial Committee whose land is bordered; posting the land price table on the Electronic Information Page of the Provincial People ' s Committee, the Department of Natural Resources and Environment.

In case the land price difference in the area is bounded by the land price table above the provisions of Article 2, the Provincial People's Committee of the Provincial People's Provincial Committee must most actively agree on land prices in the area bordering 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.

4. The Provincial People ' s Committee is responsible for coordination to handle the extent of land prices in the area bordering on the construction of the land board.

What? 14. Land Table adjustments

1. The land price table adjustment cases:

a) When the Government regulates the land price frame that the price of adjusted land prices rose from 20% or upward compared to the maximum land price or decreased from 20% or more to the minimum land price in the soil price table of the same land;

b) As land prices are common on the market rise from 20% or more to the maximum land price or fall from 20% or more to the minimum land price in the land price table for a period of 180 days or more.

2. Land table adjustment content:

a) The price correction of a soil type or some kind of land or all soils in the land price table;

b) regulate the land price table at a soil location or some ground or all land positions.

3. The land price in the adjusted land price table must be consistent with the land price framework and the regulation of land price variation in the area bordering the prescribed boundary at paragraph 2 Article 13 of this decree.

4. The land price table adjuvers the following regulation:

a) determining the soil, the location of the land, which is in the table of the land,

b) Investigation, synthesis, analysis of information on market land prices; natural, economic-economic factors, management and land use affecting land prices;

c) Analysis, evaluating the results of the existing land price table;

d) Building the tuning land price board and the paper on the issue of the adjusted land price board;

The organization is aware of the draft land price table.

e) Complete draft of the land price table regulating the Provincial People ' s Committee;

g) The draft of the adjusted land price table;

h) Permanent Council of the same people to the same level and report to the People's Assembly at the nearest meeting;

i) The Provincial People ' s Committee decided to enact the regulatory land price board.

5. The profile of the Provincial People ' s Committee land price group includes:

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

b) Draft table price table;

c) The presentation of the theory of building the Table of Adjustment Land;

d) The regulatory land table appraisal text.

6. The filing of the permanent land price panel of the Provincial People's Assembly approved: The report by the Provincial Committee of the People's Committee; the draft of the Adjustment Land price table, and the Report of the Adjustment Land on the Table of Adjustment Land.

7. The Department of Natural Resources and Environment is responsible for the construction, the Provincial Committee of the Provincial People's Committee on the Local Adjustment Land Board.

Section 3

DEFINE SPECIFIC LAND PRICES

What? 15. Define specific land prices

1. Base of the land pricing principle at Section 112 of the Law of Land, the regulatory land valuation method at Clause 1, 2, 3 and 4 Article 4 of this decree and the combined results, analysis of information on land, market land prices, the People ' s Committee. The province determines the specific land price.

2. The specific land price is used to make base for regulatory cases at Clause 4 Articles 114, Clause 2 Articles 172 and paragraph 3 Articles 189 of the Land Law; the starting price to auction the use of land when the State of the Land collects land use, leasing. The land collects money once for a whole time of rent.

What? 16. The sequence, the procedure performs specific land prices

1. The self-implementation of the specific land price specified at Article 15 of this decree performs by the following regulation:

a) Define specific land pricing purposes;

b) The investigation, synthesis, analysis of information on soil, market land prices; the application of land valuation methods;

c) Building the land price equation for the Provincial People's Committee;

d) Judge the price of the earth;

This project is a complete project of the decision-making process of the People's Committee of the Provincial People's Committee.

e) The Provincial People ' s Committee decided to price the land.

2. The filing of the specific land price specified by the Provincial People ' s Committee decided:

a) The report of the land of the price of the earth;

b) Proposition of the earth price equation;

c) The theory of building the land price equation;

d) The ground price appraisal text.

3. Appraisal of the land price method implemented by the Council of Land appraisal Council, the Provincial People ' s Committee decided to establish the Land Price appraisal Council consisting of the following components:

a) Chairman of the Provincial People's Committee as Chairman of the Council;

b) The leadership of the Finance Department is Permanent Council; the representative head of the Department of Natural Resources and Environment and the District People's Committee where the land; the organization has an advisory function that determines the price of land or expert on land prices and other members due to the Committee. The people of the province decide.

What? 17. The organization option has a specific land price determination advisory function.

1. Base to the need for specific land prices locally, the Department of Natural Resources and Environment Planning a specific land price land plan approved by the Provincial People ' s Committee and the organization implementation of the approved plan.

2. The selection of the organization has a consulting function that determines the specific land price performed by the rule of law on the bidding.

What? 18. Define the specific land price according to the land price adjustment system method

1. Based on popular land prices on the market, economic-social conditions in the local and land tables, the Provincial People ' s Commission stipulated, deciding the land price adjustment system to determine the specific land price.

2. The specific land price is determined by the prescribed land price adjustment factor method at paragraph 5 Article 4 of this Protocol applied to the following cases:

a) The cases stipulate at the points a, b, c and d Clause 4 Articles 114, Clause 2 Articles 172 and paragraph 3 Articles 189 of the Land Law to which the land or land of the project is valued (as per the land price in the land price table) below 30 billion in direct cities. of the Central Committee; less than 10 billion in the mountainous provinces, the highlands; less than 20 billion in the remaining provinces; for the annuation of the annual rent land that must redefine the lease order to adjust for the next cycle; the starting price to fight. the right to use land when the State lease land rent land annually;

b) The case stipulated at Section 4 Article 114 of the Law of Land for the project of adjacent land, has the same purpose of use, profitability and income from the use of the same land.

3. Every year, the Provincial People ' s Committee regulates the land price adjustment system to apply for regulatory cases at Point 2 This Article.

For the specified case at Point 2 This, the Provincial People's Committee decided to regulate the price of the land price to apply to each project at the time the State decided to recover the land.

4. The responsibility for building the land price adjustment system:

a) The Finance Department presided over, in coordination with the Department of Natural Resources and Environment and departments, the relevant sector, the Provincial People's Committee stipulated that the land price adjustment system stipulated at Section 2 This Article;

b) The Department of Natural Resources and Environment, in coordination with the Ministry of Finance and the departments, the relevant sector, the Provincial People's Committee decides the regulatory system for regulation of land prices specified at B Point 2 This.

5. The Ministry of Natural Resources and Environment, in collaboration with the Ministry of Finance directed the construction of the regulatory land price adjustments system at this.

Section 4

EARTH PRICE DETERMINATION CONSULTANT

What? 19. The principle of consulting activity determines land prices

The organization has a consulting function that determines the price of land when the consulting implementation of land prices must comply with the following principles:

1. Make the right principles, soil pricing methods, sequence, content when building soil price frameworks, land price tables, and specific land pricing;

2. Independent, honest, objective;

3. Do the duty of regulation at paragraph 2 Article 116 of the Land Law.

What? 20. The operational condition of the land price determination consultancy, the individual who practice consultancy determines land prices

1. The organization is active in determining the price of land when there is enough of the following conditions:

a) Have a consulting function that determines land prices or price appraisal or real estate valuation advice;

b) There are at least 03 qualified eligible for the consulting practice of determining land prices specified at Clause 2 This.

2. Individuals who are only given the practice of consulting land prices in the organization have a consulting function that determines the price of land and must have enough of the following conditions:

a) of the power of the people;

b) There is moral, impure, honest, objective;

c) There is a degree from the university that has become specialized in land management, price, price appraisal, geodetic, real estate business, real estate economics and other specialones related to land valuation;

d) There is a period of practical work according to the training industry from 36 months or more after having a degree in regulation of the regulations at this point c;

There is an appraisal card on the price issued by the law of the price or whether the estate valuation certificate is issued in accordance with the law of the real estate business or the Land Price Certificate.

Chapter III

THE ORGANIZATION.

What? 21. The responsibility of the ministries, the industry and the Provincial People ' s Committee

1. The Ministry of Natural Resources and Environment:

a) The organization of the building, which regulates the framework of the government land enacted;

b) The direction of the land valuation method; the construction, regulation of the land price table; the specified land price; the consulting operation that determines the price of land; construction, update, management, and mining of land prices in the land information system; and The map of the earth.

c) Ombudman, examination, breach of violation in the application of land valuation methods; apply land price tables and specific land prices, auction of land use and consulting activities determining land prices according to the rule of law;

d) enacted a restitution program on land law and land valuation;

Build, update, manage and exploit the national database of land prices in the land information system.

2. The Ministry of Finance is responsible:

a) The setting of the earth's price frame, the price of the land that regulates;

b) Host, in collaboration with the Ministry of Natural Resources and the Content Guide of the Land Table appraisal, the specific land valuation of the Land Table Appraisal Council, the Land Board of Appraisal.

3. The Provincial People ' s Committee is responsible:

a) The organization of construction, regulation, issue of land price tables; the specific land price decision and the proposal to adjust the land price framework; regulation, decision coefficient of land price adjustments;

b) The guide, examination of the implementation of the provisions of the law on local land prices; addressing the entanging of land prices by jurisdiction;

c) Inspector, examination and disposal of land price violations and consulting activities determine the local land price;

d) The organization of construction, update, management and exploitation of database on local land prices, mapping of land prices as defined by the Ministry of Natural Resources and Environment; published index market price volatility;

Every year, the Ministry of Natural Resources and Environment report on the situation to implement legislation on local land prices.

4. The funding to organize construction, regulation, land price appraisal, land price tables; specific land pricing; track, update on local land prices, publish the market price volatility index; build a database on land prices and map land price maps used by the site. It's from the state budget.

What? 22. Handout some of the problems arise after this decree comes into effect.

1. The specific land price proposed by the authorities prior to July 1, 2014, which the Provincial People's Committee has not yet decided is to continue to use to submit a review of the price of land review before the Provincial People's Committee decides.

2. For the local to have contracted the lease of the land price determination organization before July 1, 2014, it was continued to follow the signed contract; the resulting land price advisory was used to present the review land appraisal Council before the Commission was enacted. The people of the province decide.

3. The land price table in 2014 was enacted by the Provincial People's Committee on December 31, 2014.

Chapter IV

EXECUTION CLAUSE

What? 23.

1. This decree has been in effect since 1 July 2014.

2. This decree replaces 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, the addition of a number of quantitative provisions. 188 /2004/ND-CP; abolish the content of the specified land price at paragraph 6 Article 1 Decree No. 189 /2013/NĐ-CP November 20, 2013 by the Government amended, the addition of a number of quantitative provisions. 59 /2011/NĐ-CP July 18, 2011 of the Government on the transfer of the business of 100% state capital to a holding company.

What? 24.

Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the Provincial People's Committee, Central City, Organization and Personal Affairs are responsible for the implementation of this decree.