PROPOSED MANY IMPORTANT CHANGES IN LAND VALUATION

The Ministry of Natural Resources and Environment is drafting a Circular amending and supplementing several articles of Circular No. 36/2014/TT-BTNMT dated June 30, 2014, detailing land valuation methods; building and adjusting land price list; Specific land valuation and land valuation consulting...

Specifically, in this draft, the Ministry of Natural Resources and Environment (TN&MT) currently proposes to amend and supplement Article 3 of Circular No. 36/2014/TT-BTNMT in the direction of specific regulations on information collection sources. the land prices of the land plots are compared with the auction-winning land prices, the land prices stated in the land use right transfer contracts, and the market land prices based on the land database.

At the same time, remove regulations on successful trading in the market and information gathering through face-to-face interviews; specifying the scope of information collection in case the valuation area does not collect enough information; Provincial-level Peoples Committees shall, based on the actual situation in their localities, specify the ratio table to adjust the different factors of the land plots compared with the land plot to be valued.

As for Article 5 of Circular No. 36/2014/TT-BTNMT, the Ministry of Natural Resources and Environment proposes to supplement in the direction of specifying the time to calculate the average annual income of the land plot to be valued. with agricultural and non-agricultural land; Specific regulations for cases where the information to determine the average annual income of the land plot to be valued does not fully reflect the annual income and does not accurately reflect the actual income from the use of land for the land. agricultural and non-agricultural.

In addition, regulations on average savings deposit interest rate (r) of 12-month VND deposits at commercial banks where the State owns more than 50% of charter capital in the province in the year, calculated from January 1 to December 31 before the time of valuation, and n is the remaining land use term of the land plot to be valued, in the case of a land lease with a one-time payment of land rental for the entire period. lease (calculated by year) and the lease period is 70 years in the case of a land lease with an annual rental payment.

Currently, in Decree No. 44/2014/ND-CP dated May 15, 2014, of the Government on land prices, 5 methods of land valuation have been prescribed, including direct comparison, deduction, income, surplus balance, land price adjustment coefficient, and conditions for applying these 5 methods.

Meanwhile, Circular No. 36/2014/TT-BTNMT dated June 30, 2014, of the Ministry of Natural Resources and Environment details methods of land valuation, orders, and procedures for building land price lists, valuation-specific land, and advice on land price determination.

The above documents have created a synchronous legal framework for land valuation in the locality. The work of determining specific land prices has also been a concern by the provinces and cities to organize and implement and meet the requirements; Basically, it has been carried out according to a strict process, and determined results are consistent with reality, contributing to ensuring the rights of people whose land is recovered, increasing revenue for the state budget.

The development of the economy has grown strongly, attracting many development investment projects, the land valuation in some places has not been timely, and there is no mechanism and resources to collect revenue. Collecting full data and information on popular land prices in the market, ensuring that the valuation is consistent with the market price. The application of land valuation methods in some localities has revealed limitations that need to be removed.

Therefore, according to the Ministry of Natural Resources and Environment, the promulgation of a Circular amending and supplementing several articles of Circular No. 36/2014/TT-BTNMT to promptly remove difficulties and obstacles in the implementation process. Land valuation is essential.