DECREE amending and supplementing some articles of Decree No. 188/2004 / ND-CP
November 16, 2004 on methods of determining land prices and price brackets
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|| GOVERNMENT Pursuant to the Law on Government organization December 25, 2001;
Pursuant to the Land Law November 26, 2003;
Based Pricing Ordinance 04 on May 26, 2002;
Proposal of the Minister of Finance, DECREES
:
Article 1. To amend and supplement a number of articles of Decree No. 188/2004 / ND-CP of November 16, 2004 Government's methods of determining land prices and price brackets of land (hereinafter referred to as Decree No. 188/2004 / ND-CP) as follows:
1. To amend Clause 1, Article 2 as follows:
"e) Calculate the value of land use rights to collect registration fees as prescribed by law."
2. To amend paragraph 2 of Article 3 as follows:
"2. Prices of land use right transfer market practice in normal conditions at a specified time is the amount calculated on a Vietnam unit area land used for each legitimate purpose, is formed from the result of actual transactions were completed, bringing commonality between the assignor and the assignee in normal commercial terms, are not affected of the factors that increase or decrease the irrational price spikes, such as speculation, disasters or calamities, economic crisis, financial, zoning changes, the transfer of state coercion, there consanguinity or incentives and other cases prescribed by the Ministry of Finance. " 3
. Additional Clauses 3 and 4 in Article 4 as follows:
"3. Methods of extraction minus: the method of valuation of land plots have assets attached to land by excluding the value of assets attached to the land out of the total value of real estate (including land value and the value of assets attached to land).
4. method surplus: the method of determining the price of a parcel of land vacant land with development potential as planned or permitted to change the purpose of use to the best use by eliminating part of the cost estimate to generate growth from the total value of the estate development assumptions movables."
4. To amend and supplement Article 5 as follows:
a) To add the following paragraph 2 new paragraphs 3 and 4:
"3. The method is applied to extraction excluding valuation of land plots have assets attached to the land in the absence of sufficient data on the market value of the bare land plots similar to applying the method of direct comparison, while able to collect data on the market value of the parcel land assets associated with land plots of land similar to the need to determine the price.
4. method surplus applied to determine the land price of vacant land plots with development potential due to zoning changes or change the purpose of land use in the absence of the price of land use right transfer market similar to the method applied directly comparable. "
B) Paragraph 3 is amended to Clause 5 as follows:
"5. Pursuant to the specific situation of the market and the data was collected, the provincial People's Committee choose appropriate method in the methods of determining land prices stipulated in Decree No. 188/2004 / ND-CP and Decree to determine land prices in the area. in case of necessity can combine several methods of determining land prices to the specific price levels. "
C) annul Clause 4.
5. Modify Article 6 as follows:
"Article 6
Bracket 1 soils. The land price attached to this Decree applies to all types of land are classified as specified in Article 6 of Decree No. 181/2004 / ND-CP of October 29, 2004 of the Government on the implementation of the land Law (hereinafter referred to as Decree No. 181/2004 / ND-CP), including:
a) for the group agricultural land:
- Bracket annual crops (Table 1);
- Bracket perennial crops (Table 2);
- productive forest land price bracket (Table 3) ;
- land price bracket aquaculture (Table 4);
- making land price bracket (Table 5);
- for protection forest land and specialized use forest land, Committees provincial people based on productive forest land prices decided and based methods of production forest land valuation provisions of Clause 10, Article 1 of this Decree to regulate specific price;
- for other types of agricultural land as stipulated in Clause 4, Article 6 e, Decree No. 181/2004 / ND-CP, the provincial people's Committee based on the price of agricultural land and adjacent decided based method land for valuation of agricultural land adjacent categories specified in Clause 10, Article 1 of this Decree to regulate specific price.
B) For non-agricultural land group:
- land prices in rural areas (Table 6);
- Land prices in urban areas (Table 7);
- Bracket productive land, non-agricultural business in rural areas (Table 8);
- Bracket productive land, non-agricultural business in urban areas (Table 9);

- For land-based construction and building land agency business works; land used for purposes of national defense and security; Land religious beliefs (including land used by religious establishments use, land with works being communal houses, temples, shrines, halls, churches them); other non-agricultural land (including land for construction of the museum, conservators, the display works of art, cultural establishments artistic creation), the provincial People's Committee based on residential land prices or adjacent land prices in the nearest neighborhood (the absence of adjacent land) has decided and grounds stipulated in Clause 10, Article 1 of this Decree to regulate specific price;
- For land used for public purposes as stipulated in Clause 5, Article 6 of Decree No. 181/2004 / ND-CP and other types of non-agricultural land (including land for public other constructions of private business are not intended and are not attached to residential land, holiday homes, tents for workers; urban land used to build houses for the purpose of cultivation , including forms of cultivation not directly on land, land for construction of animal breeding facilities are permitted by law; land for construction of stations and farms laboratory study agriculture, forestry, fisheries, land for construction warehouse building, the home of households and individuals to store agricultural products, plant protection products, fertilizers, machinery and agricultural tools), the provincial people's Committee based on the price of agricultural land , non-farm business adjoining land or production cost, non-agricultural business in the nearest neighborhood (the absence of adjacent land) has decided and grounds stipulated in Clause 10, Article 1 of this Decree to specific price regulations;
- For land used for cemeteries and graveyards, the provincial People's Committee based on the price of adjacent land and decided to base the provisions of Clause 10, Article 1 of this Decree to regulate specific price card;
- For land, rivers, canals, streams and specialized water surfaces used for aquaculture purposes, the application of land price framework for aquaculture; used for non-agricultural purposes, or used for non-agricultural purposes associated with the fishing culture, the provincial People's Committee based on the prices of non-agricultural land adjacent or non-agricultural land prices nearest neighborhood (the absence of adjacent land) has decided and grounds stipulated in Clause 10, Article 1 of this Decree to regulate specific price.
C) For the group of unused land soils
For unspecified purposes (including by unused land, unused hilly, rocky mountains without forest) , when the need for prices, the provincial people's Committee based on the price of adjacent land and decided to base the provisions of Clause 10, Article 1 of this Decree to regulate the right prices. When unused land are allowed to competent authorities and put into use, the provincial People's Committee based on the land price frame the same type and intended use specified by the Government to set a specific price levels.
2. Based on the price of land use right transfer in the local reality, the provincial People's Committee is decided specific land prices within the limits allowed no more than 20% higher than the maximum price and the lower not more than 20% over the minimum price of land price frame of the same type by the Government as stipulated in Clause 5, Article 1 of this Decree. 3
. In specific cases, in remote areas, remote areas and regions with difficult economic and social constraints, poor infrastructure conditions, the price of land use right transfer actual local market conditions normally lower than the minimum price of the same type land price bracket prescribed in Clause 5, Article 1 of this Decree, the provincial people's Committee decided to apply specific prices locally and sent to the Ministry of Finance reports . "
6. to amend and supplement Article 8 as follows:
a) amend the title of Article 8:
" Article 8 Principles for distribution of rural land to land valuation "| || b) amend point c, Clause 1:
"c) mountainous higher ground as the midlands, including the majority of the area is mountainous and complex terrain. Low population density, infrastructure and production conditions of goods circulation less favorable than midlands.
The mountainous communes are classified according to the basic characteristics above and under the guidance of the Committee for Ethnic Minorities and Mountainous Areas (now the Committee for Ethnic Minorities). "
C) annul paragraph 2.
7. to amend and supplement Article 9 as follows:
a) amend the title of Article 9:
"Article 9. Determination of the land and the location of each specific type of rural land to land valuation "
b) amend paragraph 1:

"A) For annual crops, perennial tree land, aquaculture land, production forest land, special-use forest land, protection forest land and other agricultural land (as defined in e, Clause 4, Article 6 of Decree No. 181/2004 / ND-CP), prices are specified distinguished placement of 3 types of communal land under the administrative boundaries: lowland, midland and mountainous. location of land is determined based on the distance from the residence of the land user communities to the producers, the distance from the place of production to consumption market focus and level of traffic convenience. Differentiating land positions have combined factors lead to soil factors, topography, climate, weather and irrigation conditions in three areas: lowland, midland and mountainous regions are distinguished on the basis of communal administrative boundaries. location of land is determined according to the principle: No. 1 applies to land with distance from the residence of the land user communities to the producers, the distance from where the production versus consumption market focus and the most favorable nearest traffic. The subsequent positions in order from No. 2 onwards with greater distances and less favorable traffic. "
8. Amending and supplementing Article 11 as follows:
a) Amendments title Article 11:
"Article 11. Competence partition, classification and distribution location street land for land valuation"
b) amend and supplement the content of Article 11:
" Based on the general provisions of Article 8, Article 9, Article 10 of Decree No. 188/2004 / ND-CP and Clause 6, Clause 7 of Article 1 of this Decree; based on the actual situation of each locality, the provincial People's Committees shall specify the criteria and zoning, classification, classify land positions as a basis of valuation.
Annual Provincial People's Committees carry out the revised classification of land, streets and land positions when there are changes in the planning, investment in upgrading or building new infrastructure affect the classification of land, streets and land positions have done before. "
9. to amend and supplement Clause 1 of Article 12 as follows:
" d) where the same land border between the provinces are separated by rivers, lakes, canals, hills, mountain pass, of a width mountain of 100 meters or less, the adjacent land areas are identified from river, lake, canal, foothills, Pass, foothills of every river, lake, canal, foothills, Pass, deep foothills administrative boundaries of each province as defined in point a, b and c, Clause 1 Article 12 of Decree No. 188/2004 / ND-CP. If the width of rivers, lakes, canals, hills, downhill, mountain 100 meters above the adjacent land not classified. "
10. To amend Article 13 as follows:
" Article 13. Land Valuation Tool
1 can locally. At 01 months 01 days each year, the provincial People's Committee must:
a) Decisions and publicize local zoning, street grades and land positions as prescribed in Article 8, Article 9, Article 10, Article 11 of Decree No. 188/2004 / ND-CP and Clause 6, Clause 7, Clause 8 of Article 1 of this Decree.
B) Decision and publicized locally Prices applicable local land after consulting the People's Councils of the same level.
2. Specific valuation methods for each type of land
What kind of land is the price brackets prescribed by the Government to the principle that land type:
a) For annual crops, planting perennial crops, aquaculture land, production forest land, protection forest land and specialized use forest land and other agricultural land categories: land at position 1 of each region (lowland, midland and mountainous) the highest price, followed by positions in order from No. 2 onwards shall correspond to lower price levels.
B) For making land: land at No. 1 with the highest rates, followed by positions in order from No. 2 onwards shall correspond to lower price levels.
C) For residential land; productive land, non-agricultural business and other types of non-agricultural land in rural areas: Area 1
Land at the highest price, the subsequent land area in order from No. 2 onwards with lower prices.
In each area of ​​land, land prices at No. 1 with the highest rates, followed by positions in order from No. 2 onwards shall correspond to lower price levels.
D) The price of land in the following cases prescribed by price perennial crop land at position 1 the same region in the province:
- Land garden and pond in the same land with houses, but not defined as residential land;
- Agricultural land within the administrative boundaries of the ward, within the residential area of ​​town, rural residential areas have been identified under the planning boundaries are state agencies competent to approve ;
- Where agricultural land is within the town residential, rural residential areas have not yet been approved plan shall determine the boundaries of the parcel of land with the outer housing of the neighborhood;

Based on the actual situation at the local, provincial People's Committee may determine the price of land in the above cases is higher, but the maximum rate should not exceed 2 times the price of crop land longtime position 1 the same region by the provincial people's Committee regulations.
E) For non-agricultural land in rural areas in positions along the main transport routes, transport hubs, shopping centers, tourist resorts, industrial zones, the provincial People's Committee based on the actual situation in local regulations to conform to the principle:
- for residential land prices due to the provincial people's Committee regulations should not exceed 5 times the maximum price framework of rural residential land price stipulated by the Government;
- For land producing non-agricultural business, the prices set by the provincial People's Committee regulations should not exceed 3 times the maximum rate of land price frame manufacturing business in the rural non-farm prescribed by the Government. "
11. Amendment clause 1 of Article 14 as follows:
" a) When the prices of land in adjacent areas between provinces and cities directly under the Central Government, Commissioner provincial people's Committees have adjacent land must be based on the provisions of paragraph 1 of Article 12 of Decree No. 188/2004 / ND-CP and Clause 9, Article 1 of this Decree mutual agreement on the price of land and plans to adjust prices of land in adjacent areas, according to the principle:
- adjacent land of soil type does the price brackets prescribed by the Government for such land category;
- Land adjacent natural conditions, infrastructure alike, have the same purpose, the same price regulations;
In special cases, when the economic conditions, social and general infrastructures of various localities, the prices in adjacent areas may differ, but the rate of a maximum gap more than 30%. "
12. to amend Article 15 as follows:
" Article 15 adjustment specific land prices in localities
1. When the competent authorities adjust the planning, land use planning, change of land use purposes, urban types, streets and land position, the provincial People's Committee, based on the current regulations to adjust the prices of land in the region has changed accordingly.
2. For cases where the State allocates land with collection of land use in the form of land use right auction or bidding for projects involving land use, State land acquisition and cases conducted SOEs stock choose the form of joint allocation of land prices by the provincial people's Committee at the time of delivery of the land, the time of the decision to withdraw the land, the time of calculating the value of land in the enterprise equitization not close the price of land use right transfer market practice in normal conditions, the provincial people's Committee based on the price of land use right transfer actual local market to determine specific prices accordingly not restricted by the provisions of Clause 5, Article 1 of this Decree. 3
. All cases of land price adjustment under the competence in a number of land positions, some areas of land, type of soil in the year, the provincial People's Committee building plans consult the Permanent Council at the same level before making a decision and report to the Board at the same level in coming sessions. "
Article 2. implementation provisions
1. this Decree takes effect after 15 days from the date Official Gazette.
2. annul Clause 4, Article 30 of Decree No. 109/2007 / ND-CP dated 26 May 2007 on converting 06 enterprises with 100% state capital into joint-stock companies; abolition of Clause 2 Article 4, paragraph 1 of Article 5 and Article 6 of Decree No. 17/2006 / ND-CP dated 27 May 01, 2006 on amending and supplementing some articles of the decree guiding the implementation of the land Law and Decree No. 187/2004 / ND-CP on transformation of state companies into joint stock companies.
3. provincial people's Committee based on Decree No. 188/2004 / ND-CP and Decree to ban issue specific land prices publicized applicable from 01 may 01 every year.
4. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairman of People's Committees of provinces and centrally-run cities shall implement this Decree.
5. Ministry of Finance guiding the implementation of this Decree. /.