Laws of Vietnam

Proceeding from the Land Law on the 14th of July, 1993;

At the proposals of the Minister of Finance, the Minister of Construction, the General Director of the General Administration of Land, and the Chairman of the Government Pricing Commission.

Article 1.- To issue in conjunction with this Decree the Price Brackets for Land Categories.

Article 2.- The price brackets are defined as follows:

1. For agricultural and forest land, prices are determined for each class of land on which agricultural taxes are levied according to three types of commune: low-land, mid-land and mountainous.

2. For land in rural residential areas, prices are set for each of the land classes, according to three types of commune: low-land, mid-land and mountainous.

3. For land in residential areas on urban outskirts and near to communication hubs and main transport routes and commercial, tourist and industrial centers, prices are determined for each class and according to three categories.

For land in rural residential areas, in residential areas on urban outskirts and near to communication hubs and main transport routes and commercial, tourist and industrial centers, prices are determined in accordance with their profit-bearing capability, use value, location and the actual local price.

4. For land in urban areas, prices are defined for five urban categories as currently provided for by the State. In each urban category, the land is classified into three or four types of street, and four or five types of land location.

The street types in urban areas are defined mainly on the basis of the location, profit-bearing capability, the state of the infrastructure, and the actual land price in each urban area.

The land location in each urban area is defined on the basis of the profit-bearing capability and the actual land price.

5. The People's Committees of the provinces and cities directly under the Central Government (hereafter referred to as the provincial People's Committee) shall conduct the categorization and classification of land in rural residential areas and, on the basis of the currently stipulated categories of urban areas and the practical local situation, define the street and location types of the local urban areas to be used as the basis for determining the land prices.

Article 3.- The land rents for foreign organizations and individuals or foreign-invested enterprises shall be determined according to Government provision.

1. On the basis of the price brackets set by the Government, the provincial People's Committees shall set the prices for different land categories to be used as the basis for calculating taxes on assignment of the land-use right, charging fees on land assignment, deciding land rents, determining the value of property on assignment of land, and compensating for losses incurred by land retrieval. With regard to the compensation for losses incurred by the State retrieval of land for use for national defense, security, national interests and public interests, it shall be regulated by a separate Government decree.

In the event of land areas of the same urban category with different profit-bearing capabilities and different states of infrastructure, the local authority is authorized to determine the prices by using the K index which varies from 0.8 to 1.2 times the price for the land category and street and location types listed in the Price Brackets for urban land (Table 4 issued in conjunction with this Decree).

2. The land prices set by localities set by localities shall not be below the minimum nor exceed the maximum of the set prices with indexed adjustments issued in conjunction with this Decree.

3. In case the assignment of land is conducted in the form of an auction, the price shall be decided by the provincial People's Committee on a case-by-case basis.

Article 5.- The provincial People's Committee may adjust the set land prices to suit the reality in the even of a fluctuation in land price due to investments in infrastructure or new industrial, commercial or tourist centers.

Article 6.- The land prices to be applied to such cases as for calculating taxes on assignment of land-use right, collecting land-use fees on land assignment and renting, determining property value on land assignment and compensating for losses incurred by the State's retrieval of land for new assignment, which happens after the 15th of October, 1993, and which have not been settled, shall be the prices set for different classes and categories of land set by the provincial People's Committee in accordance with the price brackets set by this Decree.

Article 7.- This Decree takes effect on the date of its signing and shall replace Decree No 80-CP of the 6th of November, 1993 of the Government.

Article 8.- The Ministry of Finance shall, in coordination with the Ministry of Construction, the General Administration of Land and the Government Pricing Commission, guide and control the implementation of this Decree.

The minister, the heads of the agencies at ministerial level, the heads of the agencies attached to the Government and the presidents of the provinces and cities directly under the Central Government, are responsible for the implementation of the Decree.

1. Agricultural and forest land:

a) Land for annual cultivation and land with water surface for aquaculture: Unit: VND/m²

b) Land for perennial trees and forest: Unit: VND/m²

2. Land in rural residental areas: Unit: VND/m²

3. Land in residential areas on urban outskirts and near traffic hubs and main roads, and commercial, tourist and industrial centers:

4. Land in urban areas:

Unit: 1000 VND/m²