Publicity and transparency in land valuation

Deputy Prime Minister Tran Hong Ha presents the report. Photo: Doan Tan/VNA

The draft Land Law (amended) clarifies the principles of land valuation, market land prices, bases for land valuation, input information for determining land prices, land valuation methods; and adds regulations on land valuation consultancy.

This was emphasized by Deputy Prime Minister and Minister of Natural Resources and Environment Tran Hong Ha when presenting the Government's report on the Draft Law on Land (amended) at the 23rd session of the National Assembly Standing Committee on the afternoon of May 11.

National Assembly Chairman Vuong Dinh Hue chaired the meeting; National Assembly Permanent Vice Chairman Tran Thanh Man moderated the discussion.

Ensuring independence in determining land prices

The Government's report clearly states that land valuation must ensure the principles of land price determination methods according to market principles; strictly comply with the methods, order and procedures for land valuation; ensure objectivity, publicity and transparency; ensure independence in the stages of land price determination, land price appraisal and land price decision.

Input information to determine land prices according to the methods must ensure that the land price is recorded in the notarized and certified land use right transfer contract; the land price won in the land use right auction is not affected by factors causing sudden price increases or decreases, transactions involving blood relations or other incentives recorded in the national land database.

In cases where there is no land price information in the land database, collect land price information through investigation, survey, information on revenue, costs, and income from land use according to the market.

The draft law continues to stipulate that land price lists are issued annually to ensure land prices are consistent with market principles.

However, supplement the provision on transitional implementation in the direction of continuing to use the current land price list until December 31, 2025 so that localities have enough time to develop and promulgate new land price lists according to the new provisions of the Land Law; stipulate that the People's Committee at the competent level must approve specific land price decisions within no more than 180 days from the date of the decision on land allocation, land lease, permission to change land use purpose, land use extension, change of land use form, adjustment of land allocation decisions, land lease, adjustment of detailed planning.

The draft law has amended the regulations on budget revenue sources from land and regulations on the regulation of revenue from land use fees and land rents between the central and local levels in accordance with the provisions of the State Budget Law; reviewed and supplemented cases of exemption and reduction of land use fees and land rents; stipulated that land users exempted from land use fees and land rents do not have to carry out procedures to request exemption from land use fees and land rents; stipulated in detail the time for determining land prices to calculate land use fees and land rents for each case; stipulated that the Chairman of the People's Committee at the provincial and district levels is the Chairman of the Provincial and District Land Valuation Council, and expanded the number of council members to be people with expertise in land prices.

Assess the impact if the method and way of land valuation is changed

Presenting the viewpoint of the auditing agency, Chairman of the National Assembly's Economic Committee Vu Hong Thanh clarified the budget revenues from land, requesting the Government to report on the roadmap for reviewing and summarizing the implementation of laws on land use tax to submit to the National Assembly for consideration, amendment, and supplementation, ensuring the proper and complete institutionalization of the tasks and solutions stated in Resolution No. 18-NQ/TW of the 5th Conference of the 13th Party Central Committee on continuing to innovate and perfect institutions and policies, improving the effectiveness and efficiency of land management and use, creating momentum to turn our country into a developed country with high income and in line with the provisions of the draft Land Law (amended).

Regarding the basis and time for determining land prices to calculate land use fees and land rents, it is recommended to review the laws related to the procedures for determining land prices such as: bidding to select consultants, appraisal of results... to ensure the feasibility of the provisions in Clause 4, Article 151 on issuing land price decisions within no more than 180 days from the time of determining land prices, while ensuring the quality of land price appraisal results; study and supplement regulations on handling in case of violations.

The auditing agency also assessed that the provisions in Article 154 on the method of land valuation according to market principles are not clear, and do not ensure full and comprehensive institutional requirements of Resolution No. 18-NQ/TW on having policies suitable for each subject and type of land use to unleash potential, maximize the value of land resources, and financial policies on land must ensure harmony of interests of the State, land users and investors, land is an important resource serving the socio-economic development of the country.

From there, the appraisal agency proposed to report, clarify, and supplement specific impact assessments, especially the feasibility of the regulation, including proposing to assess the socio-economic impacts on different subjects if there are changes in methods and ways of land valuation.

According to Mr. Vu Hong Thanh, some opinions in the Economic Committee proposed to clearly and specifically stipulate in the draft law the content of land valuation methods and cases, principles of applying specific methods to have a basis for assigning the Government to stipulate in detail.

Regarding the land price list, the Economic Committee proposed specific regulations in the law on the development and application of the land price list because this is a component of the land price determination mechanism as stated in Resolution 18-NQ/TW.

Some opinions suggest clearly and specifically regulating in the draft law the methods of land valuation and specific cases of application to ensure publicity and transparency in land valuation.

There are suggestions to narrow down land valuation methods and consider prioritizing the use of adjustment coefficient methods...

Regarding the Land Valuation Council, the appraisal agency proposed to review the composition of the council to improve professionalism, ensure independence between the valuation agency, the valuation agency and the land price decision agency, ensure proper institutionalization in the spirit of Resolution 18-NQ/TW; clearly stipulate the functions, tasks and responsibilities of the council; process, procedures and time for land valuation.

At the same time, separate the decision-making authority; basis, criteria and responsibilities of the Land Valuation Council; the relationship between the authority of the Valuation Council and the land price-deciding authority of the People's Committee and land valuation and consulting organizations...

Emphasizing that the Land Law (amended) is a massive and difficult law project that is of great interest to voters, Chairman of the National Assembly's Committee on Science, Technology and Environment Le Quang Huy suggested that in the Government's submission, there should be a way to mention responding to people's comments in a public and transparent manner, showing respect for people's comments.

Through contact with voters, Chairman Le Quang Huy said that the content of the land price list regulations issued annually to ensure land prices are consistent with market principles is of great interest to the people.

Voters expressed concern that this regulation is difficult to implement and may cause complicated procedures; therefore, it is recommended to consider whether to apply it for a longer period of time or not?

Recalling Resolution No. 18-NQ/TW, which sets out the requirement to strengthen inspection, examination and supervision, Chairman Le Quang Huy also suggested that it is necessary to clearly demonstrate the process of inspection and supervision of the construction of land price tables in the draft law.

According to VNA