Nghe An Provincial People's Committee regulates the authorization to determine, appraise and decide land prices for district-level People's Committees.
(Baonghean.vn) - Implementing Resolution No. 73/NQ-CP dated May 6, 2023 of the Government on promoting and authorizing localities to decide on land prices, on June 14, the People's Committee of Nghe An province issued Decision No. 1689/QD-UBND authorizing the determination, appraisal and decision on specific land prices in Nghe An.
+Scope of regulation and applicable subjects: This Decision authorizes the People's Committee at the district level to determine, appraise and decide on specific land prices to calculate compensation when the State recovers land, calculate land use fees when allocating residential land without auctioning land use rights (LUR) and small, narrow plots of land, calculate land use fees when allocating resettlement land, allocating additional plots of residential land with land use fees collected; specific land prices todetermine the starting price of the auctionLand use rights for households and individuals; land rental calculation when the State leases land or changes land use purposes to households and individuals.
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Investors visit the infrastructure of a land auction area in Yen Thanh district. Photo courtesy of Nghe An Newspaper |
In addition, it is necessary to determine land prices for land areas exceeding the limit when the State recognizes land use rights for households and individuals; determine financial obligations when granting land use right certificates to households and individuals who have been allocated residential land without proper authority and allocated land within their authority before July 1, 2014 according to current law provisions and authorize the district-level People's Committee to establish a Land Price Appraisal Council. The district-level People's Committee and organizations and individuals related to the determination and decision of specific land prices according to the provisions of this decision.
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Illustration: Nguyen Hai |
+Content and scope of authorization: Authorize the People's Committee at the district level to determine, appraise and decide on specific land prices in the following cases: Specific land prices to calculate compensation when the State reclaims agricultural land (the approved specific land price is not higher than the price of agricultural land of the same type of land specified in the current Land Price List multiplied by the coefficient K issued by the Provincial People's Committee); specific land prices to calculate compensation when the State reclaims residential land; specific land prices to calculate land use fees when allocating residential land without auctioning land use rights under the authority of the People's Committee at the district level and small and narrow plots of land; specific land prices to calculate land use fees when allocating resettlement land, specific land prices of additional plots of land with land use fees collected; specific land prices to determine the starting price for auctioning residential land use rights when allocating land with land use fees collected for households and individuals in cases where the area for calculating land use fees of the land plot or land plot has a value of 20 billion VND or more.
The price is determined according to the market land price at the time of land price determination and is not lower than the residential land price specified in the current Land Price List multiplied by the coefficient K issued annually by the Provincial People's Committee and does not include compensation costs for site clearance, infrastructure construction and other related costs (if any).
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Infrastructure of coastal land auction area in Quynh Luong commune (Quynh Luu). Accordingly, from June 14, the district-level People's Committee will decide the starting price for auction. Photo: Nguyen Hai |
Specific land prices to calculate land use fees when the State allocates land, leases land, changes land use purposes to households and individuals, determines land prices for areas exceeding the limit when the State recognizes residential land use rights for households and individuals. Land prices to determine financial obligations when granting Land Use Right Certificates to households and individuals who have been allocated residential land without proper authority and allocated land with proper authority before July 1, 2024 according to the provisions of law.
+Authorize the District People's Committee to establish a Price Appraisal Council.: The composition of the Land Valuation Council shall comply with the provisions of Clause 2, Article 1, Resolution No. 73/NQ-CP of the Government dated May 6, 2023 on the authorization to decide on specific land prices. The tasks, powers and responsibilities of the Land Valuation Council shall comply with the provisions ofLand Law 2013and Decree No. 44/2014/ND-CP of the Government regulating land prices and Circular No. 36/2014 of the Ministry of Natural Resources and Environment.
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Infrastructure of land auction area in Trung Thanh hamlet, Hung Dong commune (Vinh city). Photo: Nguyen Hai |
Authorization period: From the effective date of this decision (June 14, 2023) until the amended Land Law is passed by the National Assembly to replace the 2013 Land Law and comes into effect.
+Authorization conditions:The District People's Committee shall develop, appraise and decide on specific land prices as stipulated in Clause 1, Article 2 of this Decision. For the decision on specific land prices in border areas between districts within a maximum of 500m of each district, the District People's Committee shall be responsible for sending the draft specific land price plan of its locality to the People's Committee of the district with adjacent land. In case the land price difference is more than 30%, the two parties must proactively agree on the price in the border area before approval. In case of failure to reach an agreement, the Department of Natural Resources and Environment shall be notified to advise the Provincial People's Committee for consideration.
The Provincial People's Committee assigns responsibility to theDepartment of Natural Resources and Environment, The Department of Finance, the Tax Department and the District People's Committee shall preside over the implementation of the assigned contents according to regulations and coordinate with relevant units to implement the above contents; periodically report the results of the implementation of the authorized contents every year, summarize the difficulties, problems and recommendations, and proposals to the Department of Natural Resources and Environment for synthesis and reporting to the Provincial People's Committee. For cases where land valuation results are available before the effective date of this decision, implementation shall be carried out according to previous regulations.