HoREA Seeks Clarification on Land Price Table Draft
The HoREA has recently evaluated the draft land price table in Ho Chi Minh City, a matter that has garnered significant attention from residents, businesses, and real estate investors alike.
As of now, Ho Chi Minh City is the only locality to have released information on the draft land price table, which will be applied from August 1, 2024, to December 31, 2024.
According to the Ho Chi Minh City Department of Natural Resources and Environment, this is due to the city’s compliance with Article 257, Clause 1 of the 2024 Land Law, which necessitates the creation of a land price table draft, excluding the provision on land price adjustment coefficients and the need to update resettlement land prices. Failure to do so would result in bottlenecks in determining the financial obligations of households and individuals, as well as compensation, site clearance, and resettlement.
However, HoREA believes that the unit’s interpretation of Article 257, Clause 1 of the 2024 Land Law includes both the land price table issued by the People’s Committee of provinces as per the 2013 Land Law and the land price adjustment coefficients stipulated in Decree 44 and Decree 45, “to be applied until December 31, 2025.”
In necessary cases, the People’s Committee of the province shall decide to adjust the land price table in accordance with the 2024 Land Law to suit the actual situation of land prices in the locality. The adjustment of the land price table may involve modifying the land prices at certain land locations or all land locations.
HoREA asserts that in all cases concerning “land use fee calculation when the State recognizes the land use right or permits the change of land use purpose from agricultural land, non-agricultural land, and non-residential land to residential land for the area exceeding the land allocation limit for households and individuals,” as prescribed in the 2013 Land Law and Decree 44 and Decree 45, both the land price table and the land price adjustment coefficient must be applied simultaneously, not just the land price table.
HoREA requests the National Assembly’s Standing Committee to provide legal clarification on Article 257, Clause 1 of the 2024 Land Law.
Currently, all dossiers related to land use fee calculation when the State recognizes the land use right or permits the change of land use purpose from agricultural land, non-agricultural land, and non-residential land to residential land for households and individuals in Ho Chi Minh City have been halted at the tax authority, awaiting a decision from the competent authority on whether to issue an adjusted land price table and its effective date (if any).
HoREA suggests that Article 257, Clause 1 of the 2024 Land Law may lack clarity, leading to potential inconsistencies in interpretation and implementation among localities. Only the National Assembly’s Standing Committee has the authority to provide legal clarification in such cases.
Therefore, HoREA has requested the National Assembly’s Standing Committee to interpret Article 257, Clause 1 of the 2024 Land Law to ensure uniform understanding and facilitate implementation by local authorities. This clarification will also provide peace of mind to the public and give them an additional year and a half to prepare financially and proceed with red book and pink book applications.
Previously, HoREA had proposed that Ho Chi Minh City “temporarily postpone” the issuance of the new land price table draft at the present time.
According to HoREA’s recommendation, Ho Chi Minh City should focus on developing and finalizing the “Initial Land Price Table Draft” for announcement and implementation starting January 1, 2026, as stipulated in Article 159, Clause 3 of the 2024 Land Law.
Regarding the issuance of the new land price table draft, at the press conference on Ho Chi Minh City’s socio-economic situation in July 2024, held on August 1, Mr. Nguyen Toan Thang, Director of the Department of Natural Resources and Environment, shared that the city is currently collecting opinions, and thus, the adjusted land price table will not be applied from August 1.
The process of adjusting the new land price table involves seven steps, and the management agency is finalizing the last step. Additionally, the Ho Chi Minh City People’s Committee will seek guidance from the Central Government to address land-related procedural issues after August 1.
If approved, the adjusted land price table will be effective until the end of 2025. From 2026 onwards, Ho Chi Minh City will apply the annual land price table in accordance with the 2024 Land Law.
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