Resolution 73/NQ-CP 2023 authorization for deciding the specific land prices

RESOLUTION

On authorization for decision on specific land prices^[1]

THE GOVERNMENT

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Political Bureau’s Conclusion No. 14-KL/TW of September 22, 2021, on the policy to encourage and protect cadres working in a dynamic and creative manner for the common good;

Pursuant to the Government’s Decree No. 39/2022/ND-CP of 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 of May 3, 2023; and Official Dispatch No. 3106/BTNMT-QHPTTND of May 6, 2023;

Based on opinion polls of the cabinet members,

RESOLVES:

Article 1. Provincial-level People’s Committees shall, in pursuance to the Law on Organization of Local Administration and the Political Bureau’s Conclusion No. 14-KL/TW of September 22, 2021, and based on their localities’ practical conditions, authorize district-level People’s Committees:

1. To decide on specific land prices for calculation of payable compensation amounts upon the land recovery by the State; to collect land use levy upon the allocation of resettlement land areas; to calculate land use levy and land rental amounts when the State allocates or leases land to households and individuals, or permits their land repurposing; to determine land prices for land areas in excess of land area limits when the State recognizes the residential land use rights for households and individuals; and to determine reserve prices for auction of land use rights for households and individuals.

2. To decide on the establishment of land price appraisal councils. Members of such a council include the chairperson of the district-level People’s Committee acting as the council’s chairperson; the leader of the district-level finance agency acting as the council’s permanent member; leaders of the district-level natural resources and environment agency and related specialized agencies and the chairperson of commune-level People’s Committee where the land is located; and organizations having the function of providing consultancy for the determination of land prices or land price experts acting as the council’s members, and other members as decided by the district-level People’s Committee. The district-level natural resources and environment division shall assist the district-level People’s Committee in organizing the land price determination.

Article 2. Provincial-level People’s Committees shall ensure financial and human resource conditions 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 the assigned tasks and exercise of the vested powers; and take responsibility for results of the performance of such tasks and exercise of such powers; and intensify the examination, monitoring and control of powers, combat negative practices, corruption, waste and abuse of policies for self-seeking purposes.

Article 3. This Resolution takes effect on the date of its signing, and will be implemented until the revised Land Law replacing the 2013 Land Law is passed by the National Assembly and comes into force.

Article 4. Chairpersons of provincial-level People’s Committees; ministers, heads of ministerial-level agencies, and related agencies, organizations and individuals shall implement this Resolution.-

On behalf of the Government
Prime Minister
PHAM MINH CHINH