New land price list in Ho Chi Minh City: 4 cases need to consider reasonable collection

4 cases need to be considered to have a reasonable land use fee collection mechanism

The Ho Chi Minh City Real Estate Association (HoREA) has just sent a document to the Prime Minister, the Ministry of Natural Resources and Environment (MONRE), and the Ho Chi Minh City People's Committee to give comments on the method of calculating the adjusted land price list in the city.

HoREA welcomes the Department of Natural Resources and Environment of Ho Chi Minh City to propose to draft an adjusted land price list according to option 4: Adjust the land price list according to the provisions of the 2024 Land Law to suit the actual situation of land prices in the locality according to the provisions of Clause 1, Article 257 of the 2024 Land Law.

However, HoREA believes that the name option 4 may not be entirely accurate. Because option 4 is actually the content of Clause 1, Article 257 of the 2024 Land Law, which stipulates: If necessary, the Provincial People's Committee shall decide to adjust the land price list according to the provisions of this law to suit the actual situation of land prices in the locality.

Ho Chi Minh City needs to issue an adjusted land price list for four reasons. Firstly, Ho Chi Minh City has 570 (new) roads that are not yet included in the land price list. Secondly, all land prices in the current land price list are very low, only about 30% of the market price.

Third, it is necessary to update the land price list with the land prices that the city has actually compensated when the State reclaims land to implement public investment projects such as the Ring Road 3 project, the Rach Xuyen Tam project... applying land price adjustment coefficients (coefficient K).

Fourth, the 2024 Land Law no longer stipulates the annual K coefficient and the K coefficient when the State reclaims land, compensates, and clears the site as previously stipulated in the 2013 Land Law and Decree 44/2014.

HoREA believes that it is necessary to consider 4 cases to have a reasonable land use fee collection mechanism (Illustration photo: Trinh Nguyen).

Pursuant to Clause 1, Article 257 of the 2024 Land Law, HoREA found that the draft adjusted land price list is "transitional" in nature, applied from August 1, 2024 to December 31, 2025. During this time, the Department of Natural Resources and Environment must also develop the first land price list to be applied from January 1, 2026, and the land prices of the draft adjusted land price list can be the basis for developing the first land price list.

HoREA proposed that the land prices of the draft adjusted land price list should ensure fairness for individuals and households paying land use fees from August 1 to December 31, 2025. The prices will be equivalent or, if higher, not too different from those who paid land use fees in the first 7 months of this year.

Therefore, Mr. Le Hoang Chau - Chairman of HoREA - proposed 4 cases that need to be considered to have a reasonable land use fee collection mechanism.

Firstly, the case of people who have not been granted the first red book with more than 8,000 land plots in Ho Chi Minh City.

Second, in case a person needs to request to separate a land plot and at the same time change the land use purpose to residential land to divide among children and grandchildren.

Third, in the case of a person applying for legalization of the right to use agricultural land attached to a house on the same plot of land located in a stable residential area, where the land with the house has been granted a red book. As for the remaining land, although it is identified as agricultural land for growing short-term crops, it is actually a house yard and no longer has the function of agricultural production.

Fourth, in the case of people whose houses and land are located in areas with suspended planning or suspended projects, typically new residential area planning or renovated residential area planning or Binh Quoi - Thanh Da project.

Draft adjusted land price list needs to ensure fairness

Mr. Le Hoang Chau proposed using the method of calculating the adjusted land price table by taking the actual compensation price at the routes approved by the City People's Committee as the standard and applying the comparison method to determine the land price.

This is to ensure fairness for individuals and households who pay land use fees from August 1, 2024 to December 31, 2025. They will also pay the same amount or, if higher, not too much different from those who paid land use fees in the first 7 months of the year.

HoREA representative also suggested using the method of calculating the adjusted land price table with a wide range of amplitudes that will be close to the land prices in districts, towns, and Thu Duc City. Do not use the method of calculating the adjusted land price table by taking the current land price table and multiplying the coefficient to calculate all land prices simultaneously.

Do not build land prices of the draft adjusted land price list in 6 districts (including districts 3, 6, 7, 11, 12, Binh Thanh), 4 districts (Hoc Mon, Cu Chi, Binh Chanh, Can Gio) and Thu Duc City with the highest land price in the draft adjusted land price list higher than the highest level of the coefficient K frame for residential land according to Decision 11/2024.

Mr. Chau also requested the land valuation consultancy unit and the drafting agency to continue to review the whole thing to complete the draft adjusted land price list in 22 districts and Thu Duc City.

According to the report, the Department of Natural Resources and Environment of Ho Chi Minh City has submitted 4 options for adjusting land prices for consideration by the Standing Committee of the Ho Chi Minh City Party Committee.

Option 1: Maintain the land price list unchanged, do not adjust it. This option has limitations such as the land price according to current regulations will be very different from the compensation price, not suitable for the actual land price situation in Ho Chi Minh City and contrary to the provisions of Clause 1, Article 257 of the 2024 Land Law. Failure to adjust also creates unfairness to land users who have been previously resettled.

Option 2: Adjust the land price list by multiplying the land price in the current land price list by the latest coefficient K. The result is still very different from the actual compensation land price, not suitable for the actual situation, contrary to the provisions of the 2024 Land Law, and unfair to cases that have been previously resettled.

Option 3: For land prices of planned resettlement routes, information will be collected and adjusted according to actual land prices on the market to apply resettlement land prices. For routes shown in the current price list, land prices are calculated by multiplying the price by coefficient K.

This option also has limitations in terms of compensation price differences, unfairness among land users...

Option 4: Adjust the land price list according to the provisions of the 2024 Land Law to suit the actual situation of land prices in Ho Chi Minh City.

The existing land price database is filtered from sources such as: Compensation land prices, resettlement land prices, specific prices approved by People's Committees at all levels, actual land transfer prices from land registration agencies and tax agencies to update and adjust the land price list.

This plan also complies with the provisions of Clause 1, Article 257 of the 2024 Land Law and is suitable for the actual situation of local land prices. Therefore, the Ho Chi Minh City People's Committee has decided to assign the Department of Natural Resources and Environment to adjust the land price list.

Source: https://dantri.com.vn/bat-dong-san/bang-gia-dat-moi-tai-tphcm-4-truong-hop-can-xem-xet-thu-tien-hop-ly-20240905081233485.htm