In the submission of the National Assembly's draft Resolution stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law, the Ministry of Agriculture and Environment (MONRE) said that the State, as the representative of the owner of land, needs to exercise the right to control and decide on land prices.
However, according to current regulations, the State's land valuation when allocating land, leasing land, allowing the change of land use purpose depends on land prices according to the market and the results of land price consulting units, while determining specific land prices is still difficult due to dependence on many factors, the valuation results are inconsistent, leading to a failure to accurately reflect the nature of land prices on the market, not fully promoting the State's decisive and regulating role for land prices in general and fluctuations in land prices on the market. This also indirectly affects the progress of land access and investment project implementation, in many cases increasing investment costs, affecting the rights of investors.
Some opinions say that the 2024 Land Law stipulates the application of specific land prices when the State grants land use rights to organizations to implement investment projects, which are still based on land, leading to prolonged time, high investment costs, reducing competitiveness, affecting the investment attraction environment of localities.
In addition, risks in determining specific land prices lead to the fear of responsibility of some officials and agencies assigned to perform the task of determining land prices, leading to a prolonged time for determining land prices, affecting the implementation of investment projects. Therefore, it is necessary to have research and adjustments to ensure feasibility.
In the draft, the Ministry of Agriculture and Environment proposes a method of land valuation according to market principles, complying with the correct order and procedures for land valuation; ensuring honesty, objectivity, publicity and transparency.
At the same time, ensure the independence of the land price determination consulting organization, the land price list appraisal council, the land price adjustment coefficient appraisal and the competent authority or person deciding on land prices; harmonize the interests between the State, land users and investors.
The draft to supplement information on input land prices (stipulated in Points a, b and c, Clause 3, Article 158 of the Land Law) is information formed within 24 months from the time of issuance of the land price list, the coefficient for adjusting land prices and earlier; at the same time, the Government is assigned to specify in detail the methods of land valuation.
The draft proposes that the land price list be applied to calculate land use fees, land rents when the State allocates land, leases land, permits change of land use purpose, recognizes land use rights, calculates taxes, fees, charges related to land use, exercises the rights and obligations of land users towards the State, and compensation when the State reclaims land.
The land price list is built according to land type, area, location. For areas with digital cadastral maps and land price databases, a land price list will be built for each plot of land. The People's Council at the provincial level decides on the land price list every 5 years, announce and apply from January 1, 2026; amend and supplement the land price list when necessary.
For cases of applying specific land prices according to the provisions of the 2024 Land Law but by the effective date of this Resolution, the competent authority has not issued a decision on specific land prices, it shall comply with the provisions of this Resolution. In case the effective date of this Resolution does not have sufficient grounds to calculate land use fees, land rents, and land compensation as prescribed in Clauses 1, 2, and 3, Article 6 of this Resolution, specific land valuation shall be carried out according to the provisions of the 2024 Land Law.
For cases specified in Point b, Clause 3, Article 33 of the 2024 Land Law that require calculation of land use fees and land rents that have been exempted or reduced, the land price will be calculated according to the land price in the land price list at the time of issuance of the decision on land allocation, land lease, and permission to change land use purposes. The draft proposes that the Government specify this in detail.
