Regulations on land finance and land prices when the new Land Law comes into effect

Reply:

Article 257,Land Law 2024 stipulatesSolving land finance and land prices when this Law comes into effectas follows:

1. The land price list issued by the provincial People's Committee in accordance with the provisions of Land Law No. 45/2013/QH13 shall continue to be applied until December 31, 2025; if necessary, the provincial People's Committee shall decide to adjust the land price list in accordance with the provisions of this Law to suit the actual situation of land prices in the locality.

2. In cases where there has been a decision on land allocation, land lease, permission to change land use purpose, permission to change from annual land lease to one-time land lease for the entire lease term, land use extension, adjustment of land use term, adjustment of detailed planning according to the provisions of the law on land and other relevant provisions of law before the effective date of this Law but the land price has not been decided, the following shall be implemented:

a) For cases of land allocation and land lease under the provisions of the 1993 Land Law, Land Law No. 13/2003/QH11 and detailed regulations and implementation instructions that are actually handed over before January 1, 2005, the policy on land use fee collection, land rent and land price to calculate land use fee and land rent applied at the time the 2005 land price list issued by the provincial People's Committee takes effect;

b) In cases of land allocation and land lease under the provisions of the 1993 Land Law, Land Law No. 13/2003/QH11 and detailed regulations and implementation guidelines, in which the competent state agency actually handed over land from January 1, 2005 to before the effective date of this Law, the policy on land use fee collection, land rent and land price for calculating land use fee and land rent shall be determined at the time of actual land handover;

c) In cases where there is a decision on land allocation, land lease, permission to change land use purpose, permission to change the form of land lease with annual payment to land lease with one-time payment for the entire lease term, land use extension, adjustment of land use term, adjustment of detailed construction planning according to the provisions of Land Law No. 45/2013/QH13 and detailed regulations and implementation instructions, but the land price plan has not been submitted to the People's Committee of competent authority, the policy on land use fee collection, land rent and land price shall be determined at the time of issuance of that decision.

In case the People's Committee at competent level has implemented land allocation and land lease according to the compensation, support and resettlement schedule, the specific land price is determined according to the issuance time of each decision;

d) The Government shall prescribe the application of land valuation methods and the amount of money that land users must pay additionally for the period of time not yet calculated for land use fees and land rents in the cases specified in Points a, b and c of this Clause.

3. In case the land price plan has been submitted to the People's Committee of the competent level to decide on specific land prices according to the provisions of law before the effective date of this Law, the People's Committee of the competent level shall decide on specific land prices according to the submitted plan without applying the provisions of this Law.