Quyết định 51/2014/QD-UBND

DECISION

PROMULGATING RATES OF LAND TYPES IN ADMINISTRATIVE DIVISIONS OF HO CHI MINH CITY TO BE APPLICABLE FROM JANUARY 1, 2015 TO DECEMBER 31, 2019

THE PEOPLE’S COMMITTEE OF HO CHI MINH CITY

Pursuant to the Law on organization of People's Council and People’s Committee dated November 26, 2003;

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Government's Decree No. 43/2014/ND-CP dated May 15, 2014 on guidelines for the Land Law;

Pursuant to the Government's Decree No. 44/2014/ND-CP dated May 15, 2014 on land rates;

Pursuant to the Government's Decree No. 45/2014/ND-CP dated May 15, 2014 on collection of land levies;

Pursuant to the Government's Decree No. 46/2014/ND-CP dated May 15, 2014 on collection of land levies, water surface rents;

Pursuant to the Government's Decree No. 47/2014/ND-CP dated May 15, 2014 on compensation, support, and resettlement upon land expropriation by the State;

Pursuant to the Government's Decree No. 104/2014/ND-CP dated November 14, 2014 on land rate bracket;

Pursuant to Circular No. 36/2014/TT-BTNMT dated June 30, 2014 of the Ministry of Natural Resources and Environment on guidelines for land valuation methods; formulation and amendments to land schedules;

Pursuant to Resolution No. 29/2014/NQ-HDND dated December 30, 2014 of People’s Council on a land schedule in the administrative divisions of Ho Chi Minh City quoted on January 1, 2015;

At the request of Steering Committee of land schedules of Ho Chi Minh City in Statement No. 9274/TTr-BCDBGD dated December 18, 2014; reference of Appraisal Council of land schedules of Ho Chi Minh City in Official Dispatch No. 11623/STC-HDTDBGD dated December 19, 2014; reference of Services of Justice in Official Dispatch No. 7271/STP-VB dated December 24, 2014,

HEREBY DECIDES:

Article 1. A Regulation on land schedules in administrative divisions of Ho Chi Minh City shall be issued together with this Decision from January 1, 2015 to December 31, 2019.

Article 2. This Decision comes into force from January 1, 2015. This Decision replaces Decision No. 60/2013/QD-UBND dated December 26 2013 of the People’s Committee of Ho Chi Minh City on promulgating a Regulation on land schedules in the administrative divisions of Ho Chi Minh City.

Article 3. The Chief Officers of the People’s Committee of Ho Chi Minh City, Directors of Services of Ho Chi Minh City, the Presidents of the People’s Committees of districts, Heads of relevant agencies, organizations and individuals shall implement this Decision./.

REGULATION

ON LAND SCHEDULES IN ADMINISTRATIVE DIVISIONS OF HO CHI MINH CITY TO BE APPLICABLE FROM JANUARY 1, 2015 TO DECEMBER 31, 2019
(Issued together with Decision No. 51/2014/QD-UBND dated December 31, 2014 of the People’s Committee of Ho Chi Minh City)

Chapter I

SCOPE AND REGULATED ENTITIES

Article 1. Scope

1. This Regulation deals with land schedules in the administrative divisions of Ho Chi Minh City.

2. The land schedules shall be used as the basis for any of the following cases:

a) Determining land levies when the State recognizes residential land use right of a household or individual regarding the certain allowed area; permit the conversion of land use purpose from agricultural land, non-agricultural land other than residential land to residential land regarding the certain allowed residential area to be allocated to a household or individual;

b) Determining land levies;

c) Determining fees and charges in land management and use;

d) Determining fines for administrative violations against regulations on land;

dd) Determining damages paid to the State in case of damage in land management and use;

e) Determining value amount of land use right to paid to a person voluntarily returning a parcel to the State if the parcel to be returned has been allocated by State and subject to land levies, has been recognized and subject to land levies, or has been leased and subject to a lump-sum rent throughout the lease term.

3. The land schedules are bases for specific land pricing according to the coefficient-based method prescribed in Article 18 of the Government's Decree No. 44/2014/ND-CP dated May 15, 2014 on land rates.

Article 2. Regulated entities

1. Authorities in land management; agencies in charge of formulation, amendments, and appraisal of land schedules, specific land pricing.

2. Organizations providing land pricing consultancy service, individuals practicing consultancy on land pricing service.

3. Relevant organizations and individuals.

Chapter II

LAND SCHEDULES

Article 3. Agricultural land

1. Classification by areas and locations:

a) Areas: Agricultural land is classified into 03 areas as follows:

- Area I: including administrative divisions of urban districts;

- Area II: Including administrative divisions of suburban districts: Hoc Mon, Binh Chanh, Nha Be, Cu Chi;

- Area III: including administrative divisions of Can Gio suburban district.

b) Locations:

- Regarding paddy fields, land to be used for annual plants, perennial plants, production forests, and aquaculture: They are classified into 03 locations as follows:

+ Location 1: within 200m from the shoulder’s inner edge of a street (whose name is specified in the residential land schedule);

+ Location 2: within a scope of more than 200m but not exceeding 400m;

+ Location 3: remaining locations.

- Regarding land to be used for salt production: They are classified into 03 locations as follows:

+ Location 1: within 200m from the production area to waterway, roadway or a centralized salt warehouse;

+ Location 2: within a scope of more than 200m but not exceeding 400m from the production area to waterway, roadway or a centralized salt warehouse;

+ Location 3: remaining locations.

2. Schedules of agricultural land types:

a) Schedule of land to be used for annual plants, including paddy fields and land to be used for other annual plants (Schedule 1).

Unit: VND/m²

b) Schedule of land to be used for perennial plants (Schedule 2)

Unit: VND/m²

c) Schedule of land to be used for production forests (Schedule 3)

Unit: VND/m²

d) Schedule for land to be used for aquaculture (Schedule 4)

Unit: VND/m²

dd) Schedule of land to be used for salt production (Schedule 5)

Unit: VND/m²

Article 4. Non-agricultural land

1. Classification of urban areas:

a) Land rate bracket of special cities shall apply to 19 urban districts in administrative divisions of Ho Chi Minh City as prescribed in the Government's Decree No. 104/2014/ND-CP dated November 14, 2014 on land rate bracket.

b) Land rate bracket of class V cities shall apply to district-level towns of 5 suburban districts in administrative divisions of Ho Chi Minh City.

c) Land rate bracket of delta communes shall apply to communes of the abovementioned 5 suburban districts.

2. Classification of locations:

a) Location 1: land having road frontage, to be applied to a plot/parcel of land that fronts onto at least one road named in the land schedule.

b) Other locations having no road frontage, including:

- Location 2: to be applied to a plot/parcel of land that fronts onto at least an alley which is at least 5m in width. This location equals 0.7 of the location 1.

- Location 3: to be applied to a plot/parcel of land that fronts onto at least an alley which is at least 3m but not exceeding 5m in width. This location equals 0.8 of the location 2.

- Location 4: to be applied to a plot/parcel of land in remaining locations. This location equals 0.8 of the location 3.

In the event that a parcel is in a location that has at least 100m in depth from the shoulder’s inner edge of the road frontage (as specified in the cadastral map), its rate shall decrease by 10%.

In the application of the aforesaid regulation, the rate of land in special class cities having no road frontage is not smaller than the minimum rate in the land rate bracket of the Government, equivalent to each type of land.

3. Schedule of non-agricultural land types.

a) Residential land schedule:

Residential land rates in location 1: in Schedule 6 (enclosed).

b) Land to be used for commerce or services:

- Land rate: accounts for 80% of adjacent residential land rate (in Schedule 6 and locations in Clause 2 of this Article).

- Land rate is not smaller than that of land to be used for perennial plants in the same residential area.

c) Non-agricultural land other than land to be used for commerce or services:

- Land rate: accounts for 60% of adjacent residential land rate (in Schedule 6 and locations in Clause 2 of this Article).

- Land rate is not smaller than that of land to be used for perennial plants in the same residential area.

4. Land to be used for public and business purposes; land to be used for construction of head offices, or public works:

- Land rate: accounts for 60% of adjacent residential land rate (in Schedule 6 and locations in Clause 2 of this Article).

- Land rate is not smaller than that of land to be used for perennial plants in the same residential area.

5. With regard to land to be used for cemeteries, the People’s Committee of Ho Chi Minh City shall decide its rates on a case-by-case basis.

6. When the competent authority allocates or leases a parcel of unoccupied land, its rate shall be determined according to the land pricing method and rate of another parcel of land that has been allocated or leased in the vicinity with the same purpose.

Article 5. Other types of land

1. Other agricultural land types:

Rates of other agricultural land types shall equal those of adjacent agricultural land. In case of unavailability of rates of adjacent agricultural land, they shall equal those of the agricultural land type before the conversion.

2. Land at rivers, canals, streams, and water surface to be used for aquaculture purpose:

- To be used for aquaculture purpose: accounts for 100% of aquaculture land.

- To be used for non-agricultural purpose: accounts for 50% of rates of adjacent non-agricultural land.

- To be used for aquaculture and non-agricultural purpose: rates shall be determined according to area of a specific land type. If the area of each specific land type is not identifiable, the land type that has been primarily used shall prevail.

3. Rates of land to be used for protective forests, specialized forests:

accounts for 80% of those of land to be used for production forests.

4. Remaining non-agricultural land types: land rates shall be determined according to valuation method, comparison between adjacent land types.

Chapter III

IMPLEMENTATION

Article 5. Implementation

1. Service of Natural Resources and Environment shall cooperate with the People’s Committees of urban districts and suburban district in reviewing and proposing amendments to the land schedules regarding routes and distances eligible for upgrade, and routes and distances that have just been completed or named in the course of city development, and then send relevant reports to the People’s Committee of Ho Chi Minh City.

2. Services of Natural Resources and Environment shall periodically update variations of land rates in administrative divisions as the basis for formulating a plan to be submitted to the People’s Committee of Ho Chi Minh City for land schedule every 5 years and published on January 1 of the opening year. Services of Natural Resources and Environment shall make a consolidate report on amendments to land rates as prescribed and send it to the People’s Committee of Ho Chi Minh City, and then the People’s Committee of Ho Chi Minh City shall obtain prior consent of the Standing board of People's Council of Ho Chi Minh City before such amendments.

The People’s Committees of urban districts and suburban districts shall monitor and update variations of land rates in administrative divisions and promptly send reports to the Service of Natural Resources and Environment.

3. Service of Natural Resources and Environment, the Service of Finance, Departments of Taxation, relevant Services and agencies, People’s Committees of urban districts and suburban districts shall implement this Regulation. The difficulties that arise during the implementation must be reported to Services of Natural Resources and Environment, Services of Natural Resources and Environment then take charge and cooperate with relevant Services and agencies, the People’s Committees of urban districts and suburban districts in requesting the People’s Committee of Ho Chi Minh City to make appropriate amendments./.