Lawyer Nguyen Thu Thuy, YouMe Law Firm LLC replied:
Clause 1, Article 160 of the 2024 Land Law stipulates specific land prices applied to the following cases:
a) Calculating land use fees for organizations when the State allocates land with land use fee collection without auctioning land use rights, without bidding to select investors to implement projects using land, allocates land with land use fee collection to winning investors or economic organizations established by winning investors to implement projects using land, recognizes land use rights, allows change of land use purpose but must pay land use fees;
b) Calculating land rent when the State leases land and collects land rent once for the entire lease term, except in cases through auction of land use rights;
c) Calculating the value of land use rights when equitizing state-owned enterprises according to the provisions of law on equitization;
d) Determine the starting price for auctioning land use rights when the State allocates or leases land, except for the case specified in Point i, Clause 1, Article 159 of this Law;
d) Calculating land use fees and land rent when extending land use, adjusting land use duration, adjusting detailed construction planning; allowing change of land use form;
e) Calculating compensation when the State reclaims land .
Point i, Clause 1, Article 159 of the 2024 Land Law stipulates the land price list as follows:
1. Land price list is applied to the following cases:
i) Calculating the starting price for auctioning land use rights when the State allocates or leases land in cases where the land plot or land area has been invested in technical infrastructure according to detailed construction planning;
Thus, specific land prices will be applied in the case of calculating compensation when the State reclaims land according to the above regulations.
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