The Ministry of Agriculture and Environment received a recommendation from National Assembly Deputies on the recommendation to improve regulations on determining land prices and land rent with the content:
- It is proposed that the Government study and amend the regulations in the direction that: for cases where planning adjustments do not change construction density or construction height, additional land rent is determined according to the land unit price decided by the Provincial People's Committee multiplied by the increased land area. At the same time, it is proposed not to collect late payment fees in cases where the delay in determining financial obligations is not due to the fault of land users.
Regarding this recommendation, the Ministry of Agriculture and Environment reports as follows: Regarding the determination of additional land rent when adjusting planning and regulations on late payment fees under the state management function of the Ministry of Finance. Therefore, it is requested that distinguished National Assembly deputies send recommendations to the Ministry of Finance to be answered according to the provisions of law.
- It is proposed to supplement regulations allowing, in case of insufficient comparative information, land prices to be determined according to land types of similar nature, then adjusted according to the difference ratio in the land price list in the area. At the same time, study allowing the application of land price lists in some cases to change the determination of specific land prices in order to simplify procedures and improve feasibility.
Regarding this proposal, the Ministry of Agriculture and Environment reports as follows: At point c, clause 3, Article 4 and clause 2, Article 12 of Decree No. 71/2024/ND-CP dated June 27, 2024 of the Government stipulating land prices (amended and supplemented according to the provisions of clause 7, Article 1 of Decree No. 226/2025/ND-CP dated August 15, 2025 of the Government) stipulates that comparing land plots are not limited by the administrative boundaries of commune-level administrative units and the determination of land prices for some other types of land in the land price list.
According to the provisions of point b, clause 1, point c, clause 2 and point c, clause 3, Article 5 of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law, one of the bases for calculating land use fees is the land price according to the land price list, the land price adjustment coefficient; calculating land rent is the land rent unit price; calculating compensation when the State recovers land is the land price according to the land price list and the land price adjustment coefficient.
In addition, the Land Price List is one of the bases for calculating land use fees and land rent when the State allocates land, leases land, allows land use purpose conversion, recognizes land use rights; determines the starting price for auctioning land use rights; calculates taxes, fees, and charges related to land use; calculates administrative violation penalties in the field of land; calculates the value of land use rights when equitizing state-owned enterprises in accordance with the law on equitization; exercises the rights and obligations of land users to the State; compensates when the State recovers land as prescribed in Clause 1, Article 7 of Resolution No. 254/2025/QH15.
According to the provisions of Article 5 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly, the cases not applying the land price list specified in Clause 1, Article 7 of Resolution No. 254/2025/QH15 are cases of land allocation, land lease to implement sea encroachment investment projects or investment projects with sea encroachment items, cases of implementing investment projects with mixed purposes according to construction planning considered and decided by the Provincial People's Committee.
- It is proposed that the Government and the Ministry of Agriculture and Environment consider and study amending and supplementing relevant regulations in a direction suitable to reality, ensuring harmony of interests between the State and businesses, contributing to unlocking land resources to serve socio-economic development.
Regarding this proposal, the Ministry of Agriculture and Environment reports as follows: The Ministry of Agriculture and Environment acknowledges the opinions of the National Assembly deputies; The Ministry will continue to closely monitor the implementation of the 2024 Land Law, Resolution No. 254/2025/QH15 and guiding documents for implementation; summarize difficulties and obstacles from ministries, branches, and localities to promptly guide, report and advise competent authorities for consideration and resolution.
