Clarifying regulations on land use rights transfer
Decree No. 226/2025/ND-CP amending and supplementing a number of articles of the Decrees detailing the implementation of the Land Law takes effect on August 15. One of the new points of Decree No. 226/2025/ND-CP is to amend and supplement regulations on land prices.
Article 1 of this Decree amends and supplements a number of articles of Decree No. 71/2024/ND-CP dated June 27, 2024 of the Government regulating land prices. Some notable new points are as follows:
Amend and supplement Clause 1, Article 3 as follows:
Transfer in the market is the transfer of land use rights or transfer of land use rights, ownership of assets attached to land when having carried out procedures on taxes, fees and charges at the tax authority or having registered changes at the Land Registration Office or having signed a transfer contract between the investor of a real estate project, commercial housing with a customer according to the provisions of law, except in cases where a real estate purchase and sale contract is formed in the future.
Regulations on land valuation information sources
Amend and supplement a number of points and clauses of Article 4 as follows:
Input information for land valuation is the land price that has been transferred on the market, the land price that has been auctioned for land use rights after fulfilling financial obligations as prescribed in Points a, b and c, Clause 3, Article 158 of the Land Law.
Information in Point a of this Clause is taken from the following sources: national land database, national price database; Land registration office; tax authority; units and organizations conducting land use rights auctions, property auctions; real estate trading floors, real estate enterprises; information collected through investigation and survey.
Based on the collected information to determine the general price; the general price is the digital average of the collected land prices. Organize land valuation to select land price information in order of priority for information near the general price.
Amend and supplement Clause 3 as follows:
The selection of information for comparative land plots is in the following order of priority:
There is the closest distance to the land plot, the land area that needs to be valued and is not limited by the administrative boundaries of commune-level administrative units in the provincial administrative area. In case of expanding the scope of information collection outside the provincial administrative area, the organization implementing land valuation must specifically explain the reasons in the Explanatory Report to develop a land price plan for the Land Price Appraisal Council to consider and decide;
Certain similarities in factors affecting land prices.
Latest information on the time of land valuation.
In case there are many different sources of information arising at the same time, priority is given to selecting information sources in the following order: national land database, national price database; Land registration office; tax agency; unit organizing the auction of land use rights, property auction; real estate trading floors, real estate enterprises; information collected through investigation and survey; in case the information is formed before August 1, 2024, information can be selected in accordance with the actual situation of land prices in the locality without relying on the priority order stated in this point.
Amend and supplement Point b, Clause 4 as follows:
In the case of assets attached to land such as perennial crops and planted forests
For perennial crops, the value of assets attached to land at the time of transfer or auction of land use rights is the exploitation value calculated based on income from harvesting products corresponding to the remaining years in the harvest cycle or determined according to the compensation unit price for perennial crops issued by the Provincial People's Committee.
For planted forests, the value of assets attached to land at the time of transfer or auction of land use rights shall be implemented in accordance with the provisions of specialized laws; in case there is no regulation, the value of assets attached to land shall be determined by the total cost invested in planting and caring for planted forests up to the time of transfer or auction of land use rights or determined according to the compensation unit price for planted forests issued by the Provincial People's Committee.
The organization implementing land valuation proposes a way to determine the value of assets attached to land such as perennial crops and planted forests for the specific Land Valuation Council to consider and decide.
