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CIRCULAR No.

114/2004/TT-BTC OF plots, lnrid areas and have conditions similar to arid


NOVEMBER 26, 2004 GUIDING THE cornparable wtth those of the to be-vnluated larid
IMPLEMENTATION OF THE GOVERNMENT'S plots, land areas with the land use rights being
DECREE No. 18812004lND-CPOF NOVEMBER already transferred, or to organize transactions on
16, 2004 ON METHODS OF DETERMINING real estate transaction floor, organize successful
LAND PRICES AND ASSORTED-LAND PRICE land use right a~~ctions
in order to gather necessary
BRACKET information.

In furtherance of the Government's Decree No.


- Time for information collection:
188/2004/ND-CP of November 16, 2004 on The to be-collected information must happen
methods of determining land prices and assorted- within the period nearest the time of survey for
land price brackets; after consulting the Ministry of comparison, determination of the prices of the to
Natural Resources and Environment, the Finance be-valuated land plots or land areas.
Ministry hereby guides the methods of determining In cases where information within the most
land prices, determining the prices of assorted land recent period cannot be collected, the information
categories by the People's Committees of the on the land use right transfer transactions within
provinces and centrally run cities (hereinafter called one year before the time of land price determination
the provincial-level People's Committees for short) can be collected. If the information on land use right
for decision on and publicization of specific land
transfer transactions in the most recent period or
prices in localities as follows:
within one year is not available, the information
within three years before the time of land price
I. METHODS OF DETERMINING THE LAND determination shall be collected.
PRICES
- To be-collected information:

1. Direct comparison method


+ Locations, current conditions of the land plots
(land category, land grade, position, types of urban
1.1. The land price determination by direct center grade, streets; acreage, shape,
comparison method must go through the geographical features of the land plots, assets
following steps: affixed to land);

a) Step 1: Survey and collection of information:


+ Environment (including the natural
environment characterized by such basic
- Determinirig the locations of the land plots or conditions as landscape, water sources; air and
land areas, which are comparable with the to be- water pollution levels; soil degeneration, etc, and
valuated land plots, land areas in order to gather the socio-economic environment characterized by
information. such basic conditions as good or bad infrastructure,
To select frorn 3 to 5 land plots or land areas, convenient or inconvenient traffic, trade,
which are identical in land category, land acreage, irlforniation and communications, healthcare,
lnfrastructi~reand legal grourids and lie adjacent ct~ltureand education, social order and security,
to, or in the vicinities of, the to be-v;jlu;*ted I;ir~d ctc: );
+ I-egal characteristics (land planning, land use the to be-valuated land plots, land areas in order
right certificate, inheritance right, donated, leased, to determine the prices of the to be-valuated land
encroached, ... land); plots.

+ Time of land use right transfer, s~ccessful The estimated prices of the to be-valuated land
transactions or auctions; plots, land areas shall be calculated by adjusting
+ Statistics on land use right transfer prices, land distinctive price elements for each comparable land
rents, land use right auctions; plot, land area as follows:

+ Time and conditions for transfer transactions The The land The adjusted money
and payment. estimated use right level of the price
price of to transfer price formed from dist~nctive
- Conditions of information: be-valuated = of each e price elements of
The above information must be gathered from land plot, comparable each land plot, land area
the results of actual land use right transfer landarea land plot, comparable with the
land area to be-valuatedland
transactions on the market under normal
plot, land area
conditions, i.e. voluntary transactions between
purchasers and sellers, each having adequate In which, the adjusted money level of price
information on, and full knowledge about, the land between each comparable land plot, land area and
categories, land plots, land areas for which they the to be-valuated land plot, land area is the
participate in transactions. These buying and selling adjusted level of price differences originating from
transactions are of no speculative nature, under differences in the land plot position, infrastructure,
no temporal pressure, are not coerced nor characteristics of land category, environmental
conducted between parties of blood ties or without pollution extent, etc. The price difference between
lawful papers or for other subjective reasons which the comparable land plot and the to be-valuated
adversely affect the normal process of formation land plot (which can be calculated according to the
and evolution of land use right transfer prices on absolute value or in percentage of the land use
the market. right transfer price) shall be determined on the basis
of valuation by experts and land-pricing agencies.
b) Step 2: Comparison, analysis of information:
Where the land prices fluctuate within the period
Based on the information surveyed and from the time of successful land use right transfer
collected at Step 1, to make comparison and of the comparable land plot to the time of
atlalysis SO as to select similar and different criteria determining the price of the to be-valuated land
between the comparable land plots or land areas plot, the price of the comparable land plot must be
and the to be-valuated land plots or land areas. adjusted to be equal to the actual land use right
On that basis, to determine similar and different transfer price on the market, then the price of the
price criteria so as to calculate, determine the prices comparable land plot shall be further adjusted
of the to be-valuated land plots, land areas. according to the above-mentioned formula.

c) Step 3: To adjust distinctive price clemerlts (1) Step 4: To determine the price of the to be-
between the comparable land plots, lnrid areas ancl val~ratedland plots by taking the average of the
prices of 3 to 5 comparable land plots, land areas adjacent land area of 25,000 m h h i h i c h is
already calculated for adjustment of price difference cornparable with the to be-valuated land area and
at Step 3. already put up for land use right auction with

Example, applying the direct comparison success for construction of dwelling houses (coded

method to determine the land price (to make it as land area A), which happened within the period
simple and understandable, this example only nearest the time of determining the price of land
presents the comparison method to determine the area B. The total money amount earned from the
price of the to be-valuated land plot, land area with auction of land area A is VND 125 billion, with the
one comparable land plot, land area). unit price per square meter being VND 5 million

Assuming that in the course of determining the (VND 5 million/m2).

price of a residential land area of 20,000 m2 in a With all gathered information, the pricing agency
grade-V urban center (coded as land area B), the shall proceed with the comparison between land
pricing agency has collected information on an area A and land area B as follows:

Comparable
criteria Land area A
Simi
Land area B
~
-P
Land area A
D erences
Land area B

1. Legal ground With land use right With land use right
certificate certificate
2. Use purpose Residential land Residential land
in grade-\/ urban center in grade-V urban center
3. Land position Position 1: Land with Position 1: Land with
one frontage side close one frontage side close
to street to street
4. Street grade I Grade 2 Grade 2
5. The frontage
width (m) 100
6. The length
of the land area 250 285.7

7. Infrastructure - - Convenient - Less


Traffic road (with 2 sides convenient (with
fronted to big 1 side fronted
alleys to a big alley)

8. Environment - Noisy - Noisy - Dusty - Less dusty


-Noise
-Dust
7. Assets on land No No

8. 'Trading status Volutltary Vc~l~.lritary


--- - -- - -- - - - -- - - - -
Through cornparison, the pricing agency has level of land area B shall be reduced:
drawn out 7 sirnilar criteria and 4 different criteria - The frontage width: B is inferior to A: 2 points,
between the two land areas. To determine the decrease 10% -= VND 12.5 billion.
quantitative difference between cornparable
- The land area's length: B is inferior to A: 1
elements in order to adjust the price level, the
point, decrease 5% = VND 6.25 billion.
pricing agency applies the expert rnethod in
combination with the statistical method to calculate
- Traffic: B is inferior to A: 1.5 point, decrease
7.5% = VND 9.375 billion.
the coefficient of differences between criteria.
The method of marking according to the point The total price reduction due to B's inferiorities
scale with the highest point being 10 to every to A: VND 28.125 billion
criterion with the best conditions, (example, when B shall be added with:
considering the positions, the land occupying the
- Dustiness: B is superior to A: 1 point, increase
best position shall be given 10 points; or when
considering the street grades, land lying in streets
5% - VND 6.25 billion
The total price increase due to B's superiorities
of highest profitability and with the most convenient
over A: VND 6.25 billion
infrastructure shall be given 10 points. Other points
of under 10 shall apply to identical criteria with Land area A's price readjusted (coded A')
poorer conditions. Based on the practical situation, according to different elements of land area B shall
localities shall formulate point scales to determine be calculated as follows:
the specific prices: A'= 125- 28.125 + 6.25 = 103.125 (VND billion).

- The frontage width of the land area Wider: 10 point In land area A

Narrower: 8 points In land area B

- The length of the land area Shorter: 10 points In land area A

Longer: 9 points In land area B

- Traffic C;onvenient: 10 points In land areaA


L.ess convenient: 8.5 points In land area B

- Dustiness Dusty: 8 points In land area A

Less dusty: 9 points In land area B

Each lower point shall be subject to 5% price So, the unit price per square meter shall be:
reduction; vice versa, each higher point shall be VND 103.i 25 billion : 25,000 m2 = VND 4.1 25
added with 5% of the price of the comparable land million,m2,
area (A). Under such convention:
Similarly, it is assumed that the pricing agency
On the basis of the successful auction price of additionally selects two land areas C and D for
the comparat~leland area A being VND 125 billion c.:ort~parisonwith land area B. 'The results of analysis
to determine the price for larld area B, the l)rict-, and comparison have determined that land area C's
unit price alreat.ly adjusted according to elcrnr?rits I tic? method of calculating the total cost of
of lanrl area R is VND 4.5 millian/m2 and land area ir~vestrnentin the cor~structionof works, pcrenriial
D's adjustad ~lriitprice being VNU 4 05 millior~/m~. ttee gardens; the method of depreciation
calculation, the depreciation percentages shall
Land area B's unit price is determined by taking
comply with the current regulations of the State,
the average price of the three above adjusted
prices: For works, architectural objects or perennial trees
not on the State's currently prescribed lists of those
(4.125 + 4.5 t- 4.05) : 3 = 4.225 (VND million/m2).
subject to depreciation, the provincialfmunicipal
So, the unit price of residential land of land area Finance Services shall coordinate with the corlcerned
B in a grade-\/ urban center is estimated at VND provincialfrnunicipal Services andfor branches in
4.2 million/m2. This price level shall serve as basis guiding the appropriate depreciation methods,based
for drawing up schemes on specific land prices, to on the depreciation calculation principles.
be subrnitted to the provincial-level People's
Where works, houses, architectural objects or
Committees for decision.
perennial trees on the land plots have been fully
1.2. Deduction of the value of assets on land depreciated but are still exploited and used, their
value shall be calculated according to the asset
In cases where the land use right transfer prices
re-valuation value.
also cover the value of assets on land (works,
houses, architectural objects, land planted with For cultivated plants being in the period of capital
such perennial trees as rubber, coffee, tea, cashew, construction duration, depreciation shall not be
etc. or fruit trees, when the land price is calculated, calculated. The historical cost of perennial trees
the remaining value of such works, houses, being in the capital construction duration are the
architectural objects, cultivated plants already accrued investment value by the time of land price
invested in land must be deducted according to determination or calculated according to the actual
the following formula: evaluation value.

The total value of The remaining value of


Land price the land area (including the the works, houses,
at the tirne of price -- value of land and works architectural objects, cultivated
determination on land) at the time of plants at the time of price
price determination determination

In which:
,'
The remalnlng value of The h~stor~cal Historical cost or The number
works, houses, archrtectural cost or total cost Arlrlual total cost of of years of
objects, cult~vatedplants - of ~nvestrnent - del)rc?c~atlon X Investment In the
the constr~rct~otr percentage (%) construction
X using the
investment
at the t~nreof prlce ~t-i

of works
I. of wortts works 1
2. Income-based method c) Step 3: Determining the annual net incomes
according to the following formula:
2. 1
' . The land price determination by income-
based method must go through She following The The total annual The total
annual net = income calculated - expenditure
steps:
income at Step 1 calculated
a) Step I : Calculating the total annual income at Step 2
brought about by the to be-valuated land plots. d) Step 4: Estimating the prices of to be-valuated
land according to the following formula:
- For land used for lease or for construction of
architectural objects (houses) for lease, the total The The annual net income from land
incomes from the to be-valuated land plots shall estimated =
be the annual land rents or land and on-land works land price The 12-month savings interest rate
rentals. Upon determination of land prices by the income-
- For land used for agricultural production, the based method, the expenses determined at Step 1,
total incomes from the to be-valuated land plots Step 2 and the net income determined at Step 3
are the total annual revenues from production must be the average total income, total expenditure
activities on the land plots, land categories. and net income of the land grade or land position of
the categories of land which needs to be valuated
b) Step 2: Calculating the total expenditure on and are used for the right purposes already approved
the generation of the total income and the law- by competent authorities. At the same time, to
prescribed remittances. calculate the annual average of three years
The total expenditure embraces such specific preceding the time of land price determination.

expenses as taxes, renovation investment costs, Where data in three years cannot be collected,
production cost. These expenses are calculated the data of the year preceding the time of land price
according to the State's current regulations; any determination shall be used.
expenses not prescribed by the State shall be For example, applying the income-based
calculated according to the actual common prices method to determine the prices of paddy land
on the local markets, which have been paid by (annual crop land) of grade IV in commune A (a
production andlor business establishments delta commune) of district C, province X in the
(indicated in contracts, goods purchase and sale Mekong River delta, cultivated with three rice crops
invoices issued by competent finance bodies). a year, according to the following assumed data:

I
Total annual paddy output
Annual average sale price
Calculation unit

VNDIkg
Total income

!
Cost
Production cost
12-month savings interest rate (*)
I VND
VNDIkg
VND
'X0
1

-d
.
-.
--
37,500,000 1 50,000,000

22,.~~0

--
1 32,400,000

1 1
1 5 , ~ ~ ~ ~ 0 0
Note: (*) It is assumed that the annual average For land where exist constructions, houses,
savings deposit interest rate of the 12-month architectural objects, land where such perennial
savings at a branch of the Bank for Agriculture and trees as rubber, coffee, pepper, cashew, ... or fruit
Rural Development, a State-run bank which has trees are grown, upon the land price calculation,
the highest savings interest rate among the State- the remaining value of works, houses, architectural
run commercial banks in the locality. objects, cultivated plants invested in land must be

+ The total income of three years is deducted by method of deducting the value of
assets on land as guided at Point 1.2, Section 1,
VNDI 19,900,000 /ha
Part I of this Circular.
+The total production cost of three years is VND
54,250,000/ha. 3. Conditions for application of land price-
+ The average annual net income is: determining methods
119,900,000 - 54,250,000 65,650,000
3.1. Upon the land price determination, the direct
= -= 21,883,333 (VNDIha)
3 3 comparison method shall apply only when the
adequate information and data on the similar land
+The average interest rate of the 12-month VND
category comparable with the category of the to
savings at the State-run commercial bank is
be-valuated land as guided at Point 1.l,
Section 1,
-/%/year.
Part I of this Circular are collected; the income-
+ The value of one hectare (10,000 m2) of the based method shall apply to determine the prices
paddy land, calculated according to the formula
of assorted land categories only when the element
mentioned at Step 4, Section 2, Part I of this Circular
of income from land is determined, if the data on
shall be:
land use right transfer prices of various similar
The comparable land categories on the market cannot
value fully collected.
of 21,883,333
one = X 100 = 312,619,000 (VNDIha) 3.2 Where there is a land category for which
hectare 7 the common land use right transfer price on the
of
market can be collected and the income from the
paddy
to be-valuated land plot can also be calculated, the
land
or = VND 31,260/m2 direct comparison method shall be used as the
principal method for land price determination.
So, the value of the paddy (annual crop) land of
grade IV in commune X mentioned above is 3.3. In the following cases, both land price-
estimated at around VND 31,260/m2. This price determining methods prescribed in this Circular
level constitutes a basis for elaboration of price should be used together for examination,
schemes to be submitted to the provincial-level comparison of various estimated price levels in
People's Committees for decision on specific land order to decide on the specific price levels:
price levels.
- The land use right transfer has not yet been
2.2. Deduction of the value of assets on land common in the market, the collected data are
accordirig to the Governmerlt's regulations.

- 'The land use transfer prices on the market L-and grading shall comply with the current
have fluctuated unpredictably, failirlg to correctly provisions of the Agricultural Land Use Tax l-aw
reflect the land supply-demand relationship under and documerits guiding the implementation thereof.
normal conditiotis. Where the provinces have already graded land
- The land price level estimated by way of and such land grades are being applied to the
applying either of the land price-determining calcc~lationof agricultural land use tax, the land
methods is higher than the maximum price level of grading results shall be used for land price
the price bracket prescribed in Clause 1, Article 6 determination and be changed only when so
and the limits permitted to be applied to the category approved by competent authorities according to the
of the to be-valuated land prescribed in Clause 2, State's regulations.
Article 6 of the Government's Decree No. 188/2004/
c) To prescribe specific criteria on land positions
ND-CP of November 16, 2004 on methods of
from No. 1 to the last number, suitable to local
determining land prices and assorted-land price
conditions and determine the number of positions
brackets.
of salt-making land and positions of rural non-
3.4. The above land price-determining methods agricultural land for land price determination
shall apply to determine the value of specific land according to the common criteria prescribed in
plots, land areas for use as basis for mass land Article 9 of the Government's Decree No. 188120041
price determination for each land grade or land ND-GP of November 16, 2004 on methods of
position under the guidance in Part II of this Circular. determining land prices and assorted-land price
brackets, concretely as follows:
11. DETERMINATION OF SPECIFIC LAND - For salt-making land: Based on concrete local
PRICES IN LOCALITIES conditions, the provincial-level People's
Committees shall classify land positions according
1. A number of jobs to be done in preparation to the criteria based on the distance from salt-
for land price determination making fields to concentrated salt storehouses in
a) To classify communes into delta communes, production areas or the distance from salt-making
rnidland communes and mountain communes for fields to inter-district traffic roads (in case of non-
appropriate application of assorted-rural land price availability of inter-district traffic roads, to base on
t~racketsprescribed by the Government accordirig the dlstance to the inter-commune traffic roads).
to regions: delta, midland, mountain to each type - For rural residential land, rural non-agricultural
of commune in the localities (provinces, cities). production andlor business land: Based on
b) To grade land for determination of prices of concrete local conditions, the provincial-level
assorted land categories: annual crop land, People's Committees shall determine the areas
perennial tree land, aquaculture land, production- which need to be valuated; classify land positions
forest land, protective-forest land and special-use and decide on the number of land positions of each
forest land and other acgricultural land cntr?gori~?s land area for price determination.
d) To prescribe specific criteria on land positions of conipetent State bodies, registration for land use
so as to classify land positions and decide on the purpose change in conformity with land use
number of land positions in each street grade; to plannings, plans approved by competent authorities.
grade streets and decide on the nurnber of streets For land not yet issued the land use right
in the order from No. 1 to the last nurnber, siritable certificates, not yet put under any land use
to local conditions in each urban center grade for plannings or already put under land use plannings
price determination according to the common which are, however, not yet implemented, not yet
criteria prescribed in Article 10 of the Government's registered for land use rights, the land prices shall
Decree No. 188/2004/ND-CP of November 16, be determined according to current use purposes.
2004 on methods of determining land prices and
Where land users fully or partially use the land
assorted-land price brackets.
plots not for the right purposes recognized by law
Based on concrete local conditions, the or approved by competent bodies; use agricultural
provincial-level People's Committees may not land, forestry land for alternate farming, for
classify streets, but can classify land positions and combination with ecological tourism and use non-
prescribe the number of land positions for each agricultural land for combined purposes, the land
street section, each specific street name for land prices shall still be determined according to the land
price determination. The land position use purposes prescribed in the land use right
classification, the street section division, the street certificates, land assignment or land lease
classification of each grade of urban city for price decisions of the State, land use plannings or plans,
determination must also comply with the common land use right registration as mentioned above.
criteria prescribed in Article 10 of the Government's b) The specific price level of each land grade,
Decree No. 188/2004/ND-CP of November 16, land position of assorted land categories shall be
2004 on methods of determining land prices and prescribed by the provincial-level People's
assorted-land price brackets. Committees in Vietnam dong on a land acreage unit
e) The provincial-level People's Committees (m2) and must not fall beyond the assorted-landprice
shall base on the decisions to set up urban centers brackets according to each land region or each
and to grade urban centers, issued by competent urban center grade prescribed by the Government
authorities for urban centers in their respective in Clause 1, Article 6 and the limits permitted for
provinces, to properly apply the urban land price application by localities under the provisions in
brackets prescribed by the Government to various Clause 2 , Article 6 of the Government's Decree No.
grades of urban centers in the localities. 188/2004/ND-CPof November 16,2004 on methods
of determining land prices and assorted-land price
2. Price determination and adjustment of brackets.
specific land prices
Where the actual land use right transfer market
a) Land prices must be decided in strict prices under normal conditions in localities of
accordance with the land use purposes inscribed in certain land categories, land positions fluctuate
the land use right certificates issued accorcding to (locally) with increase or decrease over the land
law provisions; the decisians on land assignment, prices set by the provincial-level People's
land lease or land use purpose charge permissiori Corrlmitlees, only the fluctuating prices of such land
categories or land positions shall be adjusted as Circular and calculating the land acreage unit (rn2)
provided for in Clause 1, Article 15 of the price of each land plot.
Government's Decree No. 188/2004/ND-CP of The determined land grade price (per square
November 16,2004 on methods of deterrnining the meter) is the average of various price levels of .the
land prices and assorted-land price brackets. selected land plots as mentioned above.
c) Determining the specific prices for each land + The second way: Determining grade 1- land
grade, land positions of various land categories for price, then using the land price-determining
which the Government has prescribed the land coefficient to determine the prices of the remaining
price brackets: land grades.
- For annual crop land, perennial tree land, The way of determining grade 1- land price shall
aquaculture land, production-forest land, the price comply with the guidance in the direct pricing
shall be determined for every land grade classified method applicable to every land grade mentioned
according to three regions as determined under above.
the guidance at Point a and Point b, Section 1, Part
Based on the element criteria of each land grade
II of this Circular.
used for tax calculation or the land use right transfer
In cases where on the agricultural land of the price of assorted land grades, the provincial-level
same category mentioned above, different animals People's Committees shall elaborate land grade
are raised or different crops are cultivated, only one coefficients to determine land prices on the principle
uniform price shall be prescribed for every land that grade 1 land has the highest price level
category according to land on which plants of one corresponding to coefficient 1, land of subsequent
key kind in the region are cultivated or animals of grades shall have lower coefficients corresponding
one key kind in the region are raised (example, to lower price levels.
paddy land or the land region cultivated with annual
The price-determining land grade coefficient is
crops); the different land price of the same grade
the comparative ratio between the land use right
of land of the same category of agricultural land in
transfer price of land grades and the land use right
the same land region shall not be prescribed
transfer price of grade 1 land, or the comparative
according to every different kind of plant, animal.
ratio between element criteria of each tax
Based on the specific conditions in localities, calculation land grade and grade 1- land.
the determination of price for each land grade can The assorted-land prices calculated according
be made by either of the two following ways: to the above-mentioned land grades shall be
+ The first way: Determining the price directly calculated by multiplying the land price of the
for each land grade determined land grade (grade 1) by the land price-
determining coefficient of each land grade.
For each land grade classified according to three
regions within the determined administrative Example: It is assumed that the price of annual
boundaries, to select at least three typical land plots crop land of grade 1 in delta communes of district
of representative character. Then, to determine the X, province W is determined according to the annual
price of each land plot by applying the land pricc- crop land price bracket prescribed b y the
determining methods as guided in Part I of this Goverrltnent as being VNU 80,000/rr\~;and the
elaborated coefficients of price-deterrniriing land coefficients for every land area on the principle that
grades of from grade 1 to grade 6 are 1; 0.85; 0.67; land at position No. 1 of an area shall have the
0.50; 0.32; 0.1 respectively, the land prices of the highest price level in such area, corresponding to
land grades following grade 1 shall be specifically coefficient 1 ; land in subsequent positions of the
calculated as follows: corresponding land areas shall have lower

Price-determining land Pre-determined land Specific land grade


Land grade
grade coefficient grade price ( v N D I ~ ~ ) price (VNDI~~)

Grade 3 53,000
Grade 4 40,000
Grade 5 25,600
Grade 6 0.10 8,000

In localities where grade 1 land is not available, coefficients corresponding to lower price levels. The
the highest land grade of every land category shall way of determining the land price for every land
be used as coefficient 1. position shall be similar to that of determining land

- For salt-making land, the price determination price for every position of residential land and non-

shall comply with land positions. Based on the agricultural production andtor business land in

criteria for land position classification, the urban centers.

provincial-level People's Committees shall Particularly for a number of rural land positions
elaborate the land price- determining position fronting main traffic axes (provincial road, national
coefficients on the principle that land at position highways) or lying adjacent to industrial parks, trade
No. 1 has the highest price level, corresponding to zones, tourist resorts, thus being particularly
coefficient 1, land at subsequent positions shall favorable for business and service activities, which
have lower coefficients corresponding to lower price have high actual land use right transfer market
levels. Ways of determining land price for every prices, the land prices shall be prescribed higher
land position shall be similar to that of determining but rnust not more than treble the maximum price
price for each land grade as guided above. level of the rural residential land price bracket
prescribed in Clause 1, Article 6 of the Gov~rnment's
- For residential land, non-agricultural production
Decree No. 188t2004tND-CPof November 16,2004
andlor business land in rural areas, the land prices
on methods of determining the land prices and
shall be determined according to land positions in
assorted-land price brackets.
three land areas in the localities. Based on the
criteria for land position classification, the The provincial-level People's Committees shall
provincial-level People's Committees shall prescribe the specific criteria and the number of
elaborate the land price-determining position positions for this land category for price
For residential land, non-agricultural production People's Cotnmittees for agricult~~ral
land category
andlor tjusrness land in provincral towns, distrrct lying adjacent or in vicinities in the sarne region (i.f
townships, new urban centers not yet graded and the adjacent land is unavailable).
lying in rural land areas (outside boundaries of
The mnxirnum specific larid price level
urban land of graded cities, provincial towns), upon
prescribed for every other agricultural land category
the determinatton of specific land prices, the price
shall not exceed the specific price level set for
brackets of residential land, non-agricultural
adjacent agricultural land category or the highest
production andlor business land in grade-\/ urban
price level set for agricultural land in the vicinities.
centers prescribed in Clause 1 and the limits
permitted for application prescribed in Clause 2,
- For land used for construction of working
offices and land used for construction of non-
Article 6 of the Government's Decree No. 1881200LM
business works:
ND-GP of November 16, 2004 on methods of
determining land prices and assorted land price Based on the specific price levels prescribed
brackets. by the provincial-level People's Committees for
d) Determining specific prices for land residential land to determine the prices of land used
categories for which the Government has not for construction of working offices and the

prescribed the land price brackets: construction of non-business works on the


principle: For land used for construction of working
- For protective-forest land and special-use
offices and construction of non-business works in
forest land: Based on the specific price levels set
rural areas, the rural residential land prices shall
by the provincial-level People's Committees for
be based on; for land used for construction of
production-forest land to determine the prices of
working offices and construction of non-business
protective- forest land, special-use forest land. The
works in urban centers, the urban residential land
process of determining prices for protective-forest
prices shall be based on.
land, special-use forest land shall comply with the
The maximum specific price level prescribed for
process of determining the price of production-
every land position of the land used for construction
forest land as guided at Point c, Section 2, Part II
of working offices and construction of non-business
of this Circular.
works shall not be higher than the specific price
The maximum specific price level for every levels set by the People's Committees for similar
grade of protective-forest land, special-use forest positions of adjacent residential land or residential
land shall not exceed the specific price level of each land in the nearest vicinity if the adjacent land is
land grade of the production-forest land. unavailable.
- For other agricultural land as prescribed in Item - For land used for defense, security purposes;
e, Section 4, Article 6 of the Government's Decree land used for public purposes under the
No. 18112004lND-CP of October 26, 2004 guiding Government's regulations; land used by religious
the implementation of the Land Law: establishments; land with works being cornmunal
The prices of other agricultural land categories houses, temples, shrines, worshipping halls,
shall be determrried on the basis of specific land ar~cestralworship houses; land for cemeteries,
price levels prescrrbod t ~ ythe provincial-lc?vc!l gr;ivt!yards and other non-agricultural land as
prescribed by the Government (in ltem f, Section Government's Decree No. 188/2004/ND-CP of
5, Article 6 of the Government's Decree No. 18'11 November 16,2004 on methods of determining land
2004lND-CP of October 29, 2004 on prices and assorted-land price brackets and the land
implementation of the Land Law). price determination guidance in this Circular.

Based on the specific price levels prescribed - Before deciding on the prices of land in
by the provincial-,level People's Committees for adjacent areas prescribed in Clause 1, Article 12
adjacent land categories to determine the prices of the Government's Decree No. 188/2004/ND-CP
of the above land categories, concretely: of November 16, 2004 on methods of determining

+ In cases where the above land categories are the land prices and assorted-land price brackets,

only adjacent to residential land, only the residential the provincial-level People's Committees must refer
to and exchange ideas with one another on the
land prices shall be based on or only adjacent to
price levels projected for promulgation and must
non-agriculturalproduction andlor business land, only
the non-agriculturalproduction andlor business land strictly comply with the principles prescribed in ltem
c, Section 1, Article 56 of the 2003 Land Law: "Land
prices shall be based on; if adjacent land categories
are unavailable, the prices of non-agricultural in adjacent areas between provinces, cities, having

production and/or business land in the nearest area similar natural conditions, the same current use
purposes and the same planned use purposes shall
shall be based on for price determination.
have the same price level."
+ In cases where the above land categories are
Where land in adjacent areas between
adjacent to different land categories, the price of
provinces, cities having the same current use
the land category with the highest price level shall
purposes, the same planned use purposes and the
be based on.
same natural conditions and infrastructures, but
The maximum specific price level prescribed for
different socio-economic development policies,
every land position of the above-mentioned land
different investment attraction policies, the prices
categories shall not be higher than the specific price
of land in adjacent areas may differ but the
level prescribed by the provincial-level People's
maximum shall not exceed 20%.
Committees for similar position of the residential
land or adjacent non-agricultural production and/ - Where localities cannot reach agreement with
or business land. one another on the prices of land in adjacent areas,
they shall report such to the Prime Minister for
3. Determining the prices of land in adjacent decision.
areas: b) The prices of land in adjacent areas between
a) Prices of land in adjacent areas between urban districts, rural districts, towns and cities of
provinces, centrally run cities: provinces, centrally run cities.

- When determining the prices of land in adjacent The provincial-level People's Committees shall,
areas between provinces, centrally run cities, the basing themselves on the practical situation in their
People's Committees of the provinces having respective localities, prescribed appropriate prices
adjacent land must base on the provisions in Clause of land in adjacent areas on the principle that land
1 of Article 12, Clause 1 of Article 14 of the in province-prescribed adjacent areas, having the
same natural conditions, the same infrastructures, training on execution of land price decisions,
the same current use purposes, the same planned organizing professional training and fostering for
use purposes shall have the same price level. land price-managing officials in localities. The

Where the infrastructure conditions in adjacent management of this funding shall comply with the

areas differ, the prices of land in the adjacent areas current regulations of the State.

shall be determined on the basis of the practical The provincial-level People's Committees shall
conditions of each area. direct the provincial/municipal Finance Services in
For rural residential land on the outskirts organizing networks to monitor and make statistics
(covering communes adjacent to inner areas or on the actual land use right transfer prices on local
townships of urban centers of special grade or markets, periodically report thereon to the Finance
grade 1 and villages adjacent to inner areas, Ministry according to regulations. Where the actual
townships of the remaining urban centers), the land land use right transfer prices on local markets
prices in these areas shall be determined on the fluctuate continuously for a long period, thus
principle of determining prices for adjacent land causing big price differences, they must report such
plots and applying land price brackets prescribed to the Finance Ministry for sum-up report to the
by the Government for types of adjacent urban Government for considering the adjustment of
centers. assorted-land price brackets.

The provincial-level People's Committees shall 3. This Circular takes implementation effect 15
specify the rural residential land in suburban areas. days after its publication in the Official Gazette.

This Circular replaces Joint Circular No. 94 TT/


Ill. IMPLEMENTATION ORGANIZATION
LB of November 14, 1994 of the Government
1. Based on Land Law No. 13/2003/QH11; the Pricing Committee, the Finance Ministry, the
Government's Decree No. 188/2004/ND-CP of Construction Ministry and the General Department
November 16,2004 on methods of determining the of Land Administration guiding the implementation
land prices and assorted-land price brackets and of the Government's Decree No. 87/CP of August
the contents guided in this Circular, the provincial- 17, 1994 prescribing the assorted-land price
level People's Committees shall decide on specific brackets.
land prices; publicize and inspect the application If problems arise in the course of implementing
of assorted-land price brackets in localities. this Circular, the provincial/municipal People's
2. Annually, the provincial-level People's Committees are requested to report them to the
Committees shall each arrange a funding amount Finance Ministry for settlement guidance.
from the local budget for carrying out the
investigation, surveys and statistics on land use For the Finance Minister
right transfer prices, land price consultancy and Vice Minister
determination of assorted-land prices, organizing HUYNH THI NHAN

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