According to the 2013 Law on Land, specific land prices are used to calculate land use levies, land rents, and compensation when the State recovers land. The specific land price will be decided by the provincial People's Committee ("People's Committee"). However, in case the land users are households and individuals, the authority to decide on land allocation, land lease or land recovery belongs to the district-level People's Committee, but the determination and approval of specific land prices by the provincial-level People's Committee has made the implementation of land procedures more complicated and protracted. Identifying this as an existence, in the new draft Law on Land, lawmakers have developed in the direction of delineating the powers of local authorities in deciding specific land prices. Accordingly, the government at any level that decides on land allocation, land lease or land acquisition to any object will simultaneously grant a specific land price decision to apply to determine the rights or obligations of that object. Based on the practical needs and assessing the effectiveness of the decentralization policy in the spirit of the new draft Law on Land, pursuant to the Politburo's Conclusion No. 14-KL/TW dated September 22, 2021 encouraging innovation and creativity, on May 6, 2023, the Government issued Resolution 73/NQ-CP ("Resolution 73") approving the provincial People's Committee to authorize the district People's Committee to decide specific land prices.
1. The scope of provincial People's Committees authorise to district-level People's Committees
- Decide on specific land prices to calculate compensation when the State recovers land; collect land use levy upon allocation of land for resettlement; calculate land use levies and land rents when the State allocates land, leases land, transfers land use purposes to households and individuals; determine land prices for areas exceeding the limit when the State recognizes the right to use residential land for households and individuals; determine the starting price for auctioning land use rights for households and individuals.
- The land price appraisal council comprises the district-level People's Committee chairman and relevant agencies and units.
2. The Responsibilities of the provincial People's Committee when authorizing
- Ensuring the financial conditions, human resources, and other necessary conditions for district-level People's Committees to make decisions on specifically authorized land prices;
- Guiding and inspecting the performance of authorized work;
- Taking responsibility for the results of the performance of the authorized work ;
- Strengthening inspection, supervision, control of power; fight negativity, corruption and waste.
Resolution 73 takes effect from May 6, 2023 until the amended 2013 Law on Land is passed by the National Assembly, replacing the 2013 Law on Law.
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