Decree No. 96/2019/ND-CP on the land price frame

Issuance and legal basis

Decree No. 96/2019/ND-CP was issued by The Government on 19 December 2019 in Hanoi, signed by Prime Minister Nguyen Xuan Phuc. It was issued on the basis of the Law on Government Organization dated 19 June 2015 and the Land Law dated 29 November 2013, upon the proposal of the Minister of Natural Resources and Environment.

Scope and subjects of application

Article 1 provides that the Decree regulates the land price frame for each land type by region as prescribed in Article 113 of the Land Law. Article 2 applies the Decree to: agencies performing state management of Land; agencies with functions to formulate, adjust and conduct tham dinh of the land price frame and land price list; organizations with land valuation consultancy functions and individuals practicing land valuation consultancy; and other related organizations and individuals.

Land price frame structure and economic regions

Article 3 defines the land price frame by land group, detailed in Appendices I to XI to the Decree. The agricultural land group includes: annual crop land comprising rice land and other annual crop land (Appendix I); perennial-crop land (Appendix II); production forest land (Appendix III); aquaculture land (Appendix IV); and salt-making land (Appendix V). The non-agricultural land group includes: rural residential land (Appendix VI); rural commercial and service land (Appendix VII); rural non-agricultural production and business land other than commercial and service land (Appendix VIII); urban residential land (Appendix IX); urban commercial and service land (Appendix X); and urban non-agricultural production and business land other than commercial and service land (Appendix XI).

Article 4 defines seven economic regions for construction of the land price frame: 1) Northern midland and mountainous zone (15 provinces: Dien Bien, Lai Chau, Son La, Hoa Binh, Ha Giang, Tuyen Quang, Cao Bang, Bac Kan, Lao Cai, Yen Bai, Phu Tho, Lang Son, Thai Nguyen, Bac Giang and Quang Ninh); 2) Red River Delta (Vinh Phuc, Bac Ninh, Hanoi, Hai Phong, Hai Duong, Hung Yen, Ha Nam, Nam Dinh, Thai Binh and Ninh Binh); 3) North Central region (Thanh Hoa, Nghe An, Ha Tinh, Quang Binh, Quang Tri and Thua Thien Hue); 4) South Central Coast (Da Nang, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Ninh Thuan and Binh Thuan); 5) Central Highlands region (Kon Tum, Gia Lai, Dak Nong, Dak Lak and Lam Dong); 6) Southeast Region (Dong Nai, Binh Duong, Binh Phuoc, Ba Ria - Vung Tau, Tay Ninh and Ho Chi Minh City); and 7) Mekong Delta (Cuu Long river delta) (Long An, Tien Giang, Ben Tre, Dong Thap, Vinh Long, Tra Vinh, Can Tho, Hau Giang, Soc Trang, An Giang, Kien Giang, Bac Lieu and Ca Mau).

Application and implementation responsibilities

Article 5 provides that the land price frame is used as the basis for the provincial-level People's Committee to formulate and adjust the local land price list. The provincial-level People's Committee may, based on local reality, prescribe the maximum price in the land price list and adjusted land price list at a level not more than 20% higher than the maximum price for the same land type in the land price frame. It may also prescribe the maximum price in the adjusted land price list under Point a, Clause 3, Article 11 of Decree No. 44/2014/ND-CP dated 15 May 2014 of The Government on Land price, compared with the maximum price for the same land type in the land price frame after adjustment under Clause 2 of Article 5.

Article 6 assigns responsibilities: the Ministry of Natural Resources and Environment shall direct, guide and inspect application of the land price frame when provincial-level People's Committees formulate and adjust local land price lists, and organize adjustment of the land price frame under the Land Law and Decree No. 44/2014/ND-CP; the Ministry of Finance shall conduct tham dinh of formulation and adjustment of the land price frame; other ministries and sectors shall coordinate with the Ministry of Natural Resources and Environment; and provincial-level People's Committees shall organize formulation and promulgation of local land price lists and adjusted lists based on the frame.

Effect and replacement

Article 7 provides that the Decree takes effect from the date of signing for promulgation, i.e., 19 December 2019. It replaces Decree No. 104/2014/ND-CP dated 14 November 2014 of The Government on the land price frame.