Circular No. 69/2017/TT-BTNMT on the procedures for establishing and adjusting the land price framework

CIRCULAR

Regulations on the process for establishing and adjusting the land price framework

The Government issues this Decree on management and development of industrial clusters.

On the basis of Decision No. 44/2014/NĐ-CP dated May 15, 2014, of the Government on land prices;

Pursuant to Decree No. 01/2017/NĐ-CP dated January 6, 2017 of the Government amending and supplementing some decrees detailing the implementation of the Land Law;

On the basis of Decision No. 36/2017/NĐ-CP dated April 4, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director General of the National Land Administration, the Head of the Science and Technology Department, and the Head of the Legal Department;

The Minister of Natural Resources and Environment issues this Circular stipulating the process for establishing and adjusting the land price framework.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the process for establishing and adjusting the land price framework.

Article 2. Applicability

1. State management agencies responsible for land; agencies with the function of establishing and adjusting the land price framework.

Organizations providing consultancy services for determining land prices, individuals practicing consultancy services for determining land prices.

MECHANISMS AND POLICIES REGARDING THE PRICE OF AUCTION SERVICES FOR ASSETS THAT MUST BE SOLD THROUGH AUCTIONS AS PRESCRIBED BY LAW

Chapter II

ESTABLISHING AND ADJUSTING THE LAND PRICE FRAMEWORK PROJECT

Article 3. Establishing the project to build the land price framework

1. Establishing the project to build the land price framework includes the following contents: scope of implementation of the project, types of land to be surveyed and investigated; number of market land price survey forms; number of communes, wards, towns to be surveyed (hereinafter referred to as survey points); human resources, equipment, time, plan, and budget estimate for implementing the project to build the land price framework.

2. The procedure for establishing the project to build the land price framework is carried out as follows:

a) Collecting general information and materials to serve the establishment of the project including: geographical location, topography, geomorphology; socio-economic situation, land management and use affecting land prices.

b) Determining the number of centrally governed cities and provinces to be surveyed; the number of districts, urban districts, provincial cities to be surveyed and the number of survey points.

The number of centrally governed cities and provinces (hereinafter referred to as provinces) to be surveyed must reach at least 30% of the total number of provinces in each economic region; the number of districts, urban districts, provincial cities (hereinafter referred to as districts) to be surveyed must reach at least 40% of the total number of districts in each province being surveyed; the number of survey points must reach at least 50% of the number of communes, wards, towns in each district being surveyed and must represent the minimum and maximum prices of each type of land, type of commune, type of town.

c) Determining the number of parcels of land to be surveyed in one survey point

The number of parcels of land to be surveyed for each type of land at each survey point must reach a minimum of six parcels of land (at two land survey locations, each location a minimum of three parcels of land).

Article 4. Establishing the project to adjust the land price framework

1. Establishing the project to adjust the land price framework includes the following contents: scope of implementation of the project, types of land to be surveyed and investigated; number of market land price survey forms; number of survey points; human resources, equipment, time, plan, and budget estimate for implementing the project to adjust the land price framework.

2. The procedure for establishing the project to adjust the land price framework is carried out as follows:

a) Collecting general information and materials to serve the establishment of the project including: geographical location, topography, geomorphology; socio-economic situation, land management and use affecting land prices in the economic region requiring adjustment of the land price framework;

b) Determining the number of provinces and districts to be surveyed and survey points of the economic region requiring adjustment of the land price framework, the number of provinces to be surveyed must reach at least 30% of the total number of provinces in the economic region requiring adjustment of the land price framework; the number of districts to be surveyed must reach at least 40% of the total number of districts in each province being surveyed; the number of survey points must reach at least 50% of the number of communes, wards, towns in each district being surveyed and must represent the minimum and maximum prices of each type of land, type of commune, type of town;

c) Determining the number of parcels of land to be surveyed in one survey point: the number of parcels of land to be surveyed for each type of land at each survey point must reach a minimum of six parcels of land (at two land survey locations, each location a minimum of three parcels of land).

Chapter III

PROCEDURE FOR BUILDING THE LAND PRICE FRAMEWORK

Article 5. Preparation Work

1. Detailed construction planning: determining time, location, quantity, and manpower for each step of the work; planning work with relevant units related to the construction of the land price framework.

2. Preparing human resources and working locations.

3. Preparing materials, equipment, and tools for the construction of the land price framework.

4. Preparing forms and survey questionnaires.

Article 6. Determining Types of Land, Economic Zones, and Urban Areas in Constructing the Land Price Framework

1. Collecting documents on the determination of types of land, types of communes (plain, midland, mountainous areas), types of urban areas (special urban areas, urban areas from type I to V) and survey points according to economic zones in constructing the land price framework.

2. Determining types of land and economic zones in constructing the land price framework.

a) Reviewing current regulations on types of land in constructing the land price framework and land price lists; economic zones in constructing the land price framework;

b) Reviewing types of land in constructing land price lists of each province; economic zones in constructing the land price framework;

c) Determining types of land and economic zones in constructing the land price framework.

3. Determining types of communes in constructing the land price framework.

a) Reviewing current regulations on classification of communes in constructing the land price framework and land price lists;

b) Reviewing types of communes in constructing land price lists of each province within each economic zone;

c) Determining types of communes of each province within each economic zone.

4. Determining types of urban areas in constructing the land price framework.

a) Reviewing current regulations on classification of urban areas in constructing the land price framework and land price lists;

b) Reviewing types of urban areas in constructing land price lists of each province within each economic zone;

c) Determining types of urban areas in constructing the land price framework of each economic zone.

5. Determining survey points and locations of surveyed land in constructing the land price framework.

a) Determining survey points:

- Determining minimum and maximum prices in the land price list for each type of land in each surveyed province.

- Summarizing minimum and maximum prices in the land price list for each type of land across surveyed provinces.

- Determining survey points.

b) Determining locations of surveyed land:

- Determining minimum and maximum prices in the land price list for each type of land at each survey point.

- Summarizing minimum and maximum prices in the land price list for each type of land at each survey point.

- Determining locations of surveyed land.

Article 7. Surveying, Compiling, and Analyzing Market Land Prices Information; Natural, Socio-Economic, Management, and Land Use Factors Affecting Land Prices

1. Surveying and collecting information on natural, socio-economic, management, and land use factors affecting land prices.

a) Surveying and collecting information on geographic location, natural conditions, socio-economic conditions, management, and land use affecting land prices in economic zones at central ministries and agencies.

b) Surveying and collecting information on geographic location, natural conditions, socio-economic conditions, management, and land use affecting land prices, land transfer situations, land auction results, and specific land valuation results in the surveyed province.

c) Surveying and collecting information on geographic location, natural conditions, socio-economic conditions, management, and land use affecting land prices, land transfer situations, land auction results, and specific land valuation results in the surveyed district.

d) Reviewing and adjusting survey points to fit local realities.

2. Surveying and collecting information on geographic location, natural conditions, socio-economic conditions, management, and land use affecting land prices at survey points.

a) Information on geographic location, natural conditions, socio-economic conditions; land management and use situation; current land use map at survey points; cadastral maps; cases of land use right transfers;

b) Reviewing and adjusting locations of surveyed land to fit local realities.

3. Surveying, investigating, and collecting market land price information according to survey forms.

a) Surveying, investigating, and collecting information on market land prices of at least three representative plots of land for each location at survey points for each type of land according to Forms No. 01 to No. 10 attached as Appendix 1 to this Circular.

b) Checking and reviewing survey forms:

- Checking and reviewing the completeness of information on survey forms.

- Categorizing survey forms by type of land and location of surveyed land.

c) Statistics on market land prices:

Entering survey form information into the statistics table according to Form No. 11 attached as Appendix II to this Circular.

d) Determining land prices at survey locations:

- Reviewing and excluding abnormally high or low land prices compared to remaining surveyed land prices to determine common market land prices;

- Determining land prices at survey locations for each type of land.

e) Preparing reports on the situation and results of market land price surveys at each survey point.

4. Compiling survey results and collecting market land price information at the surveyed district level:

a) Compiling, analyzing, and evaluating survey results and collecting information on geographic location, natural conditions, socio-economic conditions, management, and land use affecting land prices, land transfer situations, land auction results, and specific land valuation results at the surveyed district level;

b) Compiling survey results and collecting market land price information at the surveyed district level into a district-level land price compilation table according to Form No. 12 attached as Appendix II to this Circular;

c) Preparing reports on the situation and results of market land price surveys at the surveyed district level.

5. Compiling survey results and collecting market land price information at the surveyed provincial level:

a) Compiling, analyzing, and evaluating survey results and collecting information on geographic location, natural conditions, socio-economic conditions, management, and land use affecting land prices, land transfer situations, land auction results, and specific land valuation results at the surveyed provincial level;

b) Compiling survey results and collecting market land price information at the surveyed provincial level into a provincial-level land price compilation table according to Form No. 13 attached as Appendix II to this Circular;

c) Preparing reports on the situation and results of market land price surveys at the surveyed provincial level.

6. Compile the results of investigations and information collection on market land prices by economic zones:

a) Compile, analyze, and evaluate the results of investigations and information collection regarding geographical location, natural conditions, socio-economic factors, land management and utilization affecting land prices by economic zones;

b) Compile the results of investigations and information collection on market land prices by economic zones into the regional land price consolidation table according to Model No. 14 in Appendix II issued with this Circular;

c) Determine the minimum and maximum land prices for each type of land by village type and urban type based on the consolidated results of market land prices by economic zones;

d) Prepare a report on the situation and results of land price investigations by economic zones.

Article 8. Analysis and Evaluation of the Implementation of the Current Land Price Framework

1. Review and compile the minimum and maximum land prices for various types of land in the land price tables by village type and urban type of each province within economic zones.

2. Analyze and evaluate the implementation results of the current land price framework by economic zones.

3. Prepare a report on the implementation results of the current land price framework by economic zones.

4. Solicit opinions on the evaluation of the implementation results of the current land price framework and propose minimum and maximum land prices for each type of land in provinces.

5. Compile proposed minimum and maximum land prices for each type of land in provinces.

Article 9. Construction of the Land Price Framework and Petition for Issuance of the Land Price Framework

1. Compile, analyze, and evaluate the minimum and maximum land prices according to the results of market land price investigations by economic zones, the current land price framework, and propose minimum and maximum land prices for each type of land in provinces according to Model No. 15 in Appendix II issued with this Circular.

2. Draft the land price framework for each economic zone according to the templates from Model No. 16 to Model No. 26 in Appendix III issued with this Circular:

a) Draft of the land price framework for annual crop cultivation land including rice fields and other annual crop cultivation land;

b) Draft of the land price framework for perennial crop cultivation;

c) Draft of the land price framework for production forest land;

d) Draft of the land price framework for aquaculture land;

đ) Draft of the land price framework for salt production land;

e) Draft of the land price framework for residential land in rural areas;

g) Draft of the land price framework for commercial and service land in rural areas;

h) Draft of the land price framework for non-agricultural production and business land that is not commercial or service land in rural areas;

i) Draft of the land price framework for residential land in urban areas;

k) Draft of the land price framework for commercial and service land in urban areas;

l) Draft of the land price framework for non-agricultural production and business land that is not commercial or service land in urban areas.

3. Assess the impact of the draft land price framework on the economy and society.

4. Prepare a detailed report on drafting the draft land price framework.

5. Prepare a petition for issuance of the land price framework.

6. Prepare a comprehensive report on the results of implementing the project to construct the land price framework.

7. Organize solicitation of opinions on the draft land price framework.

8. Revise and finalize the draft Land Price Framework.

Article 10. Examination of the Draft Land Price Framework

The responsibility for examining the draft land price framework shall be carried out in accordance with Clause 3, Article 8 of Decree No. 44/2014/ND-CP dated May 15, 2014 of the Government on land prices (hereinafter referred to as Decree No. 44/2014/ND-CP).

Article 11. Completing the land price framework for issuance by the Government

The Land Management General Department shall be responsible for completing the land price framework, reporting to the Minister of Natural Resources and Environment for submission to the Government for consideration and issuance.

Chapter IV

PROCEDURE FOR ADJUSTING THE LAND PRICE FRAMEWORK

Article 12. Preparation work

1. Preparing detailed construction plans: determining the time, location, volume, and manpower required for each step of the work; preparing work plans with units related to the adjustment of the land price framework.

2. Preparing human resources and working locations.

3. Preparing materials, equipment, and tools for the adjustment of the land price framework.

4. Preparing forms and survey questionnaires.

Article 13. Determining the type of land, economic zone, and city type requiring adjustment of the land price framework

1. Collecting documents on the determination of land types, village types (plain, midland, mountainous), city types (special cities, cities from Type I to V), and survey points within the economic zones requiring adjustment of the land price framework.

2. Determining the type of land, village, and city within the economic zones requiring adjustment of the land price framework

a) Determining the type of land within the economic zones requiring adjustment of the land price framework;

b) Determining the type of village within the economic zones requiring adjustment of the land price framework;

c) Determining the type of city within the economic zones requiring adjustment of the land price framework.

3. Determining the survey points and the locations of the surveyed lands within the economic zones requiring adjustment of the land price framework

a) Determining the survey points

- Determining minimum and maximum prices in the land price list for each type of land in each surveyed province.

- Summarizing minimum and maximum prices in the land price list for each type of land across surveyed provinces.

- Determining survey points.

b) Determining the locations of the surveyed lands

- Determining minimum and maximum prices in the land price list for each type of land at each survey point.

- Compiling the minimum and maximum prices in the land price table for each type of land according to the survey points.

- Determining locations of surveyed land.

Article 14. Surveying, compiling, and analyzing information on market land prices; natural, socio-economic, management, and land use factors affecting land prices

1. Surveying and collecting information on natural, socio-economic, management, and land use factors affecting land prices.

a) Surveying and collecting information on geographic location, natural conditions, socio-economic conditions, management, and land use affecting land prices in economic zones at central ministries and agencies.

b) Surveying and collecting information on geographic location, natural conditions, socio-economic conditions, management, and land use affecting land prices, land transfer situations, land auction results, and specific land valuation results in the surveyed province.

c) Surveying and collecting information on geographic location, natural conditions, socio-economic conditions, management, and land use affecting land prices, land transfer situations, land auction results, and specific land valuation results in the surveyed district.

d) Reviewing and adjusting survey points to fit local realities.

2. Surveying and collecting information on geographic location, natural conditions, socio-economic conditions, land management, and land use affecting land prices at the survey points

a) Information on geographic location, natural conditions, socio-economic conditions; land management and use situation; current land use map at survey points; cadastral maps; cases of land use right transfers;

b) Reviewing and adjusting locations of surveyed land to fit local realities.

3. Surveying, investigating, and collecting market land price information according to survey forms.

a) Surveying, investigating, and collecting information on market land prices of at least three representative plots of land for each location at the survey points for each type of land according to Forms No. 01 to No. 10 attached as Appendix I to this Circular;

b) Checking and reviewing survey forms:

- Checking and reviewing the completeness of information on survey forms.

- Categorizing survey forms by type of land and location of surveyed land.

c) Statistics on market land prices:

Entering survey form information into the statistics table according to Form No. 11 attached as Appendix II to this Circular.

d) Determining land prices at survey locations:

- Reviewing and excluding abnormally high or low land prices compared to remaining surveyed land prices to determine common market land prices;

- Determining the land prices for each location for each type of land.

e) Preparing reports on the situation and results of market land price surveys at each survey point.

4. Compiling the results of surveying and collecting market land price information at the surveyed district

a) Compiling, analyzing, and evaluating survey results and collecting information on geographic location, natural conditions, socio-economic conditions, management, and land use affecting land prices, land transfer situations, land auction results, and specific land valuation results at the surveyed district level;

b) Compiling the results of surveying and collecting market land price information at the surveyed district into the land price compilation table according to Form No. 12 attached as Appendix II to this Circular;

c) Preparing reports on the situation and results of market land price surveys at the surveyed district level.

5. Compiling the results of surveying and collecting market land price information at the surveyed province

a) Compiling, analyzing, and evaluating survey results and collecting information on geographic location, natural conditions, socio-economic conditions, management, and land use affecting land prices, land transfer situations, land auction results, and specific land valuation results at the surveyed provincial level;

b) Compiling the results of surveying and collecting market land price information at the surveyed province according to Form No. 13 attached as Appendix II to this Circular;

c) Preparing reports on the situation and results of market land price surveys at the surveyed provincial level.

6. Compiling the results of surveying and collecting market land price information by economic zone

a) Compiling, analyzing, and evaluating the results of surveying and collecting information on geographic location, natural conditions, socio-economic conditions, land management, and land use affecting land prices by economic zone;

b) Compiling the results of surveying and collecting market land price information by economic zone into the regional land price compilation table according to Form No. 14 attached as Appendix II to this Circular;

c) Determining the minimum and maximum land prices for each type of land by village and city type based on the compiled market land prices by economic zone;

d) Preparing a report on the situation and results of surveying market land prices by economic zone.

Article 15. Analysis and evaluation of the implementation results of the current land price framework

1. Review and compile the minimum and maximum land prices for each type of land in the land price table according to the type of commune and urban area of each province within the economic region.

2. Analyze and evaluate the implementation results of the current land price framework of provinces within the economic region.

3. Prepare a report on the implementation results of the current land price framework of provinces within the economic region.

4. Solicit opinions on evaluating the implementation results of the current land price framework and propose the minimum and maximum land prices for each type of land in provinces within the economic region that require adjustment of the land price framework.

5. Compile the proposed minimum and maximum land prices for each type of land in provinces within the economic region that require adjustment of the land price framework.

Article 16. Construction of the adjusted land price framework and Petition for Adjusting the Land Price Framework

1. Aggregate, analyze, and assess the minimum and maximum land prices based on the market land price survey results of the economic region, the current land price framework, and propose the minimum and maximum land prices for each type of land in provinces according to Model No. 15 in Appendix II issued together with this Circular.

2. Draft the adjusted land price framework according to the forms from Model No. 16 to Model No. 26 in Appendix III issued together with this Circular.

3. Evaluate the impact of the draft adjusted land price framework on the economy and society.

4. Prepare a detailed report on drafting the draft adjusted land price framework.

5. Draft the Petition for Issuing the Adjusted Land Price Framework.

6. Prepare a comprehensive report on the implementation results of the Adjusted Land Price Framework Project.

7. Organize solicitation of opinions on the draft adjusted land price framework.

8. Revise and finalize the draft Land Price Framework.

Article 17. Examination of the Draft Adjusted Land Price Framework

The responsibility for examining the draft adjusted land price framework shall be carried out in accordance with Clause 5, Article 9 of Decree No. 44/2014/NĐ-CP.

Article 18. Finalizing the Adjusted Land Price Framework

The National Land Administration has the responsibility to finalize the adjusted land price framework, report to the Minister of Natural Resources and Environment for consideration and issuance by the Government.

Article 19. Effective Date

1. This Circular takes effect from March 20, 2018.

2. During the implementation process, if there are difficulties or obstacles, relevant agencies, organizations, and individuals should promptly reflect them to the Ministry of Natural Resources and Environment for consideration and resolution./.