Land pricing determination to calculation of indemnification when the state recovery land based on current stipulation?
17/06/2021 20:50
I. Basis legal
- Land law 2013
- Decree no 44/2014/ND-CP, regulations on land prices
- Circular no 36/2014/TT-BTNMT, on land pricing method; compilation of and adjustment to land price lists; determination of specific land prices and consultancy on land pricing
II. Contents
Determination of land pricing to calculation of indemnification when the state recovery land based on stipulation as follows:
- Specific land price shall be used as a basis for the following cases:
+ Calculation of land use levy when the State recognizes land use rights of households and individuals for land areas in excess of land use quotas, or permits change of land use purpose from agricultural land or non-agricultural land which is non-residential land to residential land for land areas in excess of land allocation quotas applied to households and individuals; and determination of land rental for agricultural land areas in excess of land allocation quotas or quotas for receipt of transferred agricultural land use rights of households and individuals;
+ Calculation of land use levy when the State allocates land with collection of land use levy not through auction of land use rights, recognizes land use rights, or permits change of land use purpose for organizations that shall pay land use levy;
+ Calculation of land rental when the State leases land not through auction of land use rights;
+ Valuation of land use rights upon equitization of state enterprises that are allocated land with land use levy, leased land with one-off rental payment; and calculation of land rental in case equitized state enterprises are leased land by the State with annual rental payment;
+ Calculation of compensation amount when State recovers land.
- Determination of specific land pricing:
+ Provincial People’s Committees shall decide on specific land prices. The provincial- level land administration agency shall assist the provincial People’s Committee in the determination of specific land prices. During the implementation, the provincial land administration agency may hire organizations having consultancy functions for advising on the determination of specific land prices.
+ The determination of specific land prices must be based on the investigation, collection of information about land parcels, market land price and information on land price in the land database, and based on suitable valuation methods. Based on the consultation on land price, the provincial land administration agency shall submit the specific land price to the council for land price appraisal for consideration before submitting it to the People’s Council of the same level for decision.
+ The council for land price appraisal comprises the chairperson of the provincial People’s Committee as the chairperson, and representatives of related agencies and organizations and the organization with the function of consultancy on land price determination.
With a team of experienced lawyers in the work, there are responsibilities for customers. Dai An Phat law always provides litigious service to handle cases, dispute resolution about marriage and family; inherit; land…
- Land law 2013
- Decree no 44/2014/ND-CP, regulations on land prices
- Circular no 36/2014/TT-BTNMT, on land pricing method; compilation of and adjustment to land price lists; determination of specific land prices and consultancy on land pricing
II. Contents
Determination of land pricing to calculation of indemnification when the state recovery land based on stipulation as follows:
- Specific land price shall be used as a basis for the following cases:
+ Calculation of land use levy when the State recognizes land use rights of households and individuals for land areas in excess of land use quotas, or permits change of land use purpose from agricultural land or non-agricultural land which is non-residential land to residential land for land areas in excess of land allocation quotas applied to households and individuals; and determination of land rental for agricultural land areas in excess of land allocation quotas or quotas for receipt of transferred agricultural land use rights of households and individuals;
+ Calculation of land use levy when the State allocates land with collection of land use levy not through auction of land use rights, recognizes land use rights, or permits change of land use purpose for organizations that shall pay land use levy;
+ Calculation of land rental when the State leases land not through auction of land use rights;
+ Valuation of land use rights upon equitization of state enterprises that are allocated land with land use levy, leased land with one-off rental payment; and calculation of land rental in case equitized state enterprises are leased land by the State with annual rental payment;
+ Calculation of compensation amount when State recovers land.
- Determination of specific land pricing:
+ Provincial People’s Committees shall decide on specific land prices. The provincial- level land administration agency shall assist the provincial People’s Committee in the determination of specific land prices. During the implementation, the provincial land administration agency may hire organizations having consultancy functions for advising on the determination of specific land prices.
+ The determination of specific land prices must be based on the investigation, collection of information about land parcels, market land price and information on land price in the land database, and based on suitable valuation methods. Based on the consultation on land price, the provincial land administration agency shall submit the specific land price to the council for land price appraisal for consideration before submitting it to the People’s Council of the same level for decision.
+ The council for land price appraisal comprises the chairperson of the provincial People’s Committee as the chairperson, and representatives of related agencies and organizations and the organization with the function of consultancy on land price determination.
With a team of experienced lawyers in the work, there are responsibilities for customers. Dai An Phat law always provides litigious service to handle cases, dispute resolution about marriage and family; inherit; land…
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