Determining The Value Of Land Use Rights Be Reimbursed When The State Recovers Land

The Ministry of Finance has issued Circular 80/2017 / TT-BTC guiding the evaluation of land use rights, land rent and assets attached to land to be returned when the State recovers land and the management, use the amount of property compensated by the State for management and use of the support money when the State recovers the land but without compensation for land.

The Circular clarifies the determination of the residual value of assets attached to land which have been legally constituted in accordance with the law but not from the state budget to be returned to the owner of the property when The State recovers land due to violations of land legislation (guided in Item 1, Article 18a, Decree No. 47/2014 / ND-CP of the Government), which is supplemented in Clause 2, Article 4 of Decree No. 01/2017 / ND-CP).

Accordingly, provincial people’s committees shall consider on a case-by-case basis to decide on the return of the remaining value of assets attached to land in cases where the State recovers land due to violations of land legislation, the provisions at Points c and g, Clause 1, Article 64 of the Land Law.

The determination of the residual value of assets attached to land for reimbursement to the owner of the above-mentioned property, to be implemented at the time of land recovery by the State.

The residual value of the assets attached to the land is the total remaining value of each asset attached to the recovered land. The residual value of each asset attached to the land is determined as follows:

The residual value of plants and animals is determined by the compensation level for plants and animals stipulated in Article 90 of the Land Law.

The residual value of the assets attached to the land is the total remaining value of each asset attached to the recovered land.

The residual value of houses, architectural objects and other construction works attached to land (hereinafter referred to as construction works attached to land) shall be determined according to the following formula:

The residual value of construction works attached to land = the percentage of remaining quality of construction works attached to land * new construction price of construction works attached to land.

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Financial agency (by a competent authority of land acquisition)  assume the prime responsibility and coordinate with concerned agencies in, setting up councils to determine the remaining value of assets attached to land as prescribed above, to submit to the People’s Committees of the same level for approval. In case of necessity, the financial agency hires the price-appraising organization to determine the residual value of the assets attached to the land as prescribed above. On that basis, finance agencies shall assume the prime responsibility and coordinate with concerned agencies in, appraising the remaining value of assets attached to land evaluated by price-appraising organizations and submit them to the People’s Committees of the same level for approval.

This circular comes into effect from 15/9/2017.

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