THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, May 06, 2023
On the authorization for deciding the specific land prices
Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law on Organization of Local Administration dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;
Pursuant to the Political Bureau’s Conclusion No. 14-KL/TW dated September 22, 2021, on the policy of encouraging and protecting dynamic and creative cadres for the common good;
Pursuant to the Government’s Decree No. 39/2022/ND-CP dated June 18, 2022, promulgating the working regulation of the Government;
At the proposal of the Ministry of Natural Resources and Environment in Official Dispatch No. 3006/BTNMT-QHPTTND dated May 03, 2023; Official Dispatch No. 3106/BTNMT-QHPTTND dated May 06, 2023;
Based on the voting results of the Government Members.
Article 1. People's Committees of provinces and centrally-run cities shall, based on the Law on Organization of Local Administration, Political Bureau’s Conclusion No. 14-KL/TW dated September 22, 2021, and actual local situation, authorize district-level People's Committees to:
1. Decide on specific land prices for calculating compensation when the State recovers land; collecting land use levy when allocating resettlement land; calculating land use levy and land rentals when the State allocates, leases land, or changes the land use purposes for households and individuals; determining the land prices with areas exceeding the quota when the State recognizes use rights of residential land for households and individuals; determining the reserve prices for auctioning land use rights for households and individuals.
2. Decide on the establishment of the Council for Appraisal of Land Prices, its members including: the Chairperson of the district-level People's Committee shall act as Chairperson of the Council and leaders of district-level financial agencies shall act as permanent members of the Council; leaders of natural resources and environment agencies, relevant district-level specialized agencies and leader of the commune-level People's Committee where the land is located; organizations with the function of consulting to determine land prices or experts on land prices and other members decided by the district-level People's Committee. The district-level Division of Natural Resources and Environment shall assist the district-level People's Committee in determining land prices.
Article 2. People's Committees of provinces and centrally-run cities must ensure financial conditions, human resources and other necessary conditions for district-level People's Committees to decide on specific land prices as authorized under Article 1 of this Resolution; guide and inspect the performance of authorized tasks and powers and take responsibility for the results of the performance of the tasks and powers under authorization; strengthen inspection, supervision, control of power, fight against negativity, corruption, waste and abuse of policies for personal gain.
Article 3. This Resolution takes effect from the date of its signing, until the Land Law (revised) approved by the National Assembly to replace the 2013 Land Law takes effect.
Article 4. The Chairpersons of People's Committees of provinces and centrally-run cities; Ministers, heads of ministerial-level agencies and relevant units, organizations and individuals shall implement this Resolution./.
On behalf of the Government
The Prime Minister
Pham Minh Chinh