BASIC PRINCIPLES IN LAND VALUATION

Determining land price when allocating, leasing land, or calculating compensation when the State recovers land.... is always the top concern of people when exercising their land use rights.

In this regard, voters of Ninh Binh province reflected that the compensation for ground clearance for the area of ​​garden and pond land associated with residential land and houses equal to the level of agricultural land is inappropriate, causing many difficulties. difficulties in site clearance, slows down the implementation progress of public investment projects and is the main cause of many complaints.

Besides, according to voters of Khanh Hoa province, the current land valuation is not in accordance with the regulations "in line with the common land price in the market" (Point c, Clause 1, Article 112, Land Law 2013), this leads to a loss of revenue for the state budget when collecting land tax, and at the same time, leads to peoples complaints when imposing land acquisition prices.

In response to voters opinions, the Legal Department, MONRE said that Article 112, the 2013 Land Law stipulates that one of the principles of land price determination is according to the lawful land use purpose at the time of valuation. The land price must be compatible with the common land price on the market of the transferred land with the same use purpose, the winning price at the land use right auction for places where there is an auction of land use rights or income from the land use right auction. using land.

Therefore, for the area of ​​adjacent garden and pond land that is determined as agricultural land, the determination of land price is done according to the right purpose, in order to ensure equality between agricultural land users, advantages and disadvantages. in terms of location, fertility of the adjacent land plot is determined during the land valuation process.

At the same time, in order to ensure rights and interests, avoid differences between projects, Article 25 of Decree No. 47/2014/ND-CP on compensation, support and resettlement when the State recovers land stipulated by the President Provincial-level Peoples Committees shall decide on other support measures to ensure housing, stable life, production and equity for those whose land is recovered.

The Legal Department affirmed that the 2013 Land Law stipulates that the determination of specific land prices must be carried out according to a strict process (investigation, survey to determine land price, approval of the Land Price Appraisal Council, and decision on land price appraisal). land price) has improved the quality of the results of land price determination, which is basically consistent with the common land price in the market according to the principles of land valuation specified in Article 112 of the Land Law, ensuring more interests of the people. land is recovered, contributing to increase revenue for the state budget.

However, the specific land price in some localities is lower than the market land price, causing loss of revenue to the state budget and complaints when the State recovers the land. The reason that the land price is not consistent with the market land price is that the market for land use rights is not transparent, the input information for applying land valuation methods is inaccurate and unreliable (the transfer price of the land use right is not accurate). land does not reflect the actual transaction price because people declare low land prices in the transfer contract to reduce income tax; transactions are still mainly in cash), many types of land and areas do not have transfer information. concession of land use rights.

To overcome this situation, while waiting for solutions when the 2013 Land Law is comprehensively revised, the Government has directed the Ministry of Natural Resources and Environment to synthesize feedback from localities to amend Decree No. 44/2014/ND-CP dated May 15, 2014 of the Government regulating land prices, Circular No. 36/2014/TT-BTNMT; promptly guide and remove problems of localities on land valuation, especially for land acquisition projects transitioning between the 2003 Land Law and the 2013 Land Law.

In addition, for the case where the compensation has not yet ensured the interests of the person whose land is recovered, the Ministry of Natural Resources and Environment shall guide the provincial-level Peoples Committee to decide on other support according to its competence to ensure accommodation. stabilize life, production and justice to suit local realities.

Source: baotainguyenmoitruong