If you know the instructions on how to see the price of land by location in the land price list of the provinces and cities below, people can completely determine the land price by themselves; and calculate payable amounts such as registration fee, land use fee.
Note: The land price for each location of the land plot below is the land price specified in the Land Price List set by the Provincial People's Committee.
Instructions to see the price of land by location of the land plot
The land price list is established every five years and is publicly announced on January 1 of the first year. Accordingly, the current land price list is from 2020 to 2024, before that, the period of 2015 - 2019. Normally the land price for 05 years has not changed but some routes, some areas are modified, supplemented accordingly.
* The reason why it is difficult for people to determine the correct land price even though there is a land price list
Although the People's Committees of the provinces and cities publicly announce the Land Price List, not everyone knows how to see the land price accurately. The reason for this situation is that the land price in the Land Price List is quite complicated, especially residential land and other non-agricultural land prices, specifically:
(1) The price of residential land and other non-agricultural land prices at each road, the street is divided into different locations, including Location 1, position 2, position 3, and position 4.
(2) Determining the land location or the distance of each land location from the road surface in the decision on land price list of provinces and cities is different.
- Position 1: applies to the land plot of one user with at least one side (face) adjacent to the street (street) named in the Land Price List.
- Position 2: applies to the land plot of a single user with at least one side (face) adjacent to an alley, nook, or cranny (collectively referred to as alley) with the smallest lane cross-section (calculated from the pavement boundary line). (street) named in the Land Price List up to the first landmark of the land parcel adjacent to the alley) from 3.5 m or more.
In Yen Bai:
Land location is divided into 2 types: Location of agricultural land and land location of agricultural land. Which, position 1 and position 2 of non-agricultural land are as follows:
- Position 1: Apply to the land plot with at least one side of the parcel contiguous to the safety corridor of the main road...
- Location 2: Apply to the land plot in the alley of the main road, the width of the alley is greater than 3m, and the distance from the safety corridor of the main road is not more than 50m.
(3) many provinces and cities specify the land price at location 1 but do not specify locations 2, 3, and 4.
Clause 1, Article 7 of the Regulation on Land Price List promulgated together with Decision 28/2019/QD-UBND of Yen Bai province clearly states: Non-agricultural land plots with a depth of more than 20 m, adjacent to a traffic road with In the land price list, except for other inter-village roads in communes, the partial land price according to the depth of the land parcel from the boundary of the safety corridor of that road section is specified as follows:
- The area of the first 20m2 is equal to 100% of the land price at position 1 of that road.
- The area of the next 20m to 40m depth is equal to 50% of the land price at position 1 of that road section;
- The area of the following depth from 40m to 60m is equal to 30% of the land price at position 1 of that section of the road...
(4) Many land plots have special locations
In principle, the price of land at each location is different because each location has different profitability and infrastructure conditions. Stemming from that reason, there are land parcels with contiguous faces (sides) of two roads (or streets), alleys, or more... or in some other cases, it is considered a special case.
At Item a, point 2.2, Clause 2, Article 3, Regulations on types of land prices in Hanoi City, promulgated together with Decision 30/2019/QD-UBND, clearly state that the land plot has contiguous sides (sides) from two sides. For roads (streets), alleys, or more, the land price is multiplied by the coefficient as follows:
- The land plot with at least 04 sides adjacent to the street (street) named in the Land Price List shall be multiplied by the coefficient K = 1.3 of the street (street) with the highest land price.
- If the land plot has 03 sides adjacent to the road (street) named in the land price list, the coefficient K = 1.25 of the street (street) with the highest land price shall be multiplied.
- A land plot with 02 sides adjacent to the street (street) named in the Land Price List is multiplied by the coefficient K = 1.2 of the street (street) with the highest land price.
* Instructions to see the land price according to each location of the land plot
Step 1: Must find the current land price decision or price list.
Step 2: Determine the address of the land plot to be viewed and the purpose of the land use.
Step 3: See the location of the land plot or see what area the land parcel belongs to (plain, midland, or mountainous because some provinces divide agricultural land into 03 areas above).
Step 4: After performing the above steps exactly, then compare with the Land Price List to know the exact land price.
Example: Mr. A has a plot of land on Cau Giay street, Hanoi city. Mr. A needs to see land prices to calculate registration fees.
Step 1: Find the applicable land price list according to Decision 30/2019/QD-UBND.
Step 2: The address of the land plot is Cau Giay street and the purpose being used as specified in the Red Book is residential land.
Step 3: The location of Mr. A's land plot is position 1 on the surface of Cau Giay street
Step 4: The land price in Mr. A's land parcel is VND 55,680,000 (VND 55.68 million).
The registration fee for Mr. A's 01 m2 of land is VND 278,000 (VND 55,680,000 x 0.5%).
What is the land price for each location of the land plot used?
According to Clause 2, Article 114 of the 2013 Land Law, the land price according to each location of the land parcel in the Land Price List is used as a basis in the following cases:
(1) Calculation of land use levy when the State recognizes the residential land use right of households and individuals for the area within the quota; permit the change of land use purpose from agricultural land, non-agricultural land which is not residential land to residential land for the area within the quota for allocation of residential land to households and individuals;
(2) Calculation of land use tax (non-agricultural land use tax, agricultural land use tax to be paid annually).
(4) Calculating fines for administrative violations in the land sector when land users commit administrative violations.
(5) Calculation of compensation to the State when causing damage in land management and use;
(6) Calculation of the value of land use rights to pay the person who voluntarily returns the land to the State in case the returned land is the land allocated by the State with the collection of land use levy, recognition of the land use right with collection land use levy or leased land with a one-time payment of land rent for the entire lease term.
Above is a guide to see the land price according to each location of the land.
Collected from source
Author: Khac Niem
Consulted by: Lawyer Nguyen Van Tuan