PEOPLE’S COMMITTEE OF SOC TRANG PROVINCE THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom - Happiness –––––––––––––––– ––––––––––––––––––––––––– REGULATION Land prices in Soc Trang province (Issued together with Decision No. 35 / 2010/QD-UBND, dated 21 / 12 / 2010, of People's Committee of Soc Trang Province) ---------------Chapter 1 ADJUSTED OBJECTS AND APPLIED SCOPE Article 1. This regulation specifies types of agricultural land, non-agricultural land, unused land which are stipulated in Article 13 of the Land Law 2003, Article 6 of Decree 181/2004/ND-CP of the Government on the implementation of the Land Law 2003 in Soc Trang province. Land prices in accordance with this regulation do not apply to cases in which people who have the right of land use agree on land prices when implementing the right to transfer, lease or lease land-use rights, contribute capital with the right to use land. Article 2. Regulations on land prices are applied as a basis for: 1. Calculating land-use tax and land-use right transfer tax according to law 2. Calculating land-use fee when the State allocates land with collection of land use fee not through land use right auction or bidding projects involving land use right; charging land-use fee while allowing for transferring land use purpose and charging land rental fee when the State leases land in accordance with the Land Law. 3. Calculating value of land use rights when allocating land which is not collected land-use fee for organizations and individuals in accordance with the Land Law. 4. Determining value of land use right to add into value of the property of State enterprises when the enterprises privatize their businesses, choose the form of land allocation with collection of land use fee in accordance with the Land Law. 5. Calculating value of land-use rights to collect land registration fee in accordance with law. 6. Calculating value of land-use rights to compensate when the State recovers land for purposes of national defense, security, national interests, 1 public interests and economic development in accordance with the Land Law. 7. Calculating compensation for persons who violate legislation on land use and cause damage to the State in accordance with law. 8. Other cases prescribed by law. Chapter II LAND PRICES IN URBAN, LAND IN RURAL AREAS, ANNUAL CROP LAND, PERENNIAL CROP LAND, AQUACULTURAL LAND, AFFORESTATION LAND, SALT-MAKING LAND Article 3. Land prices in urban and rural areas in Soc Trang province are prescribed in Appendix 1 to 15. Article 4. 1. Land prices in urban areas specified in Appendix 1 to 11 are applied as follows: a) The land price at the location of the streets, roads specified in Annex 1 to 11 is applied to the parcel of land with profound depth of 30 meters or less from the edge of road. b) From the depth of 31st to 70th meter, residential land prices are equal 50% of land price of the front of the previous road and from 71 st meter or more, land price is equal to 25% of land price of the front of the previous road. However, the land price is not less than 120,000 VND/m2 in Soc Trang city; not less than 100,000 VND/m2 in township locality, grade IV and V types of districts. 2. For land in rural areas specified in Annex 2 to 11 and Annex 12 is applied as follows: a) The land price at area 1 and 2 specified in Annex 2 to 11 and Annex 12 is applied to the parcel of land with profound depth of 30 meters or less from the road edge (for roads) and the profound depth of 50 meters or less from the edge of the corridor to protect the waterway (for waterway). b) For land in the adjacent roads, from depth of 31 st to 70th meter, land price is equal to 50% of land price in the front and from the 71 st meter or more, land price is equal to 25% of land price in the front, but not less than 80,000 VND/m2. 2 c) For land in the adjacent waterway, from depth of 51 st to 100th meter, land price is equal to 50% of land price of the front and from depth of 101st meter or more, land price is equal to 25% of land price at the front, but not less than 80,000 VND/m2. 3. For roads with a ditch, land prices in side ditches will be calculated as follows: a) In Ke Sach and My Xuyen district, land price is equal to 50% of the land along the mainland side of the road. b) In the rest districts and Soc Trang city, land price is equal to 70% of the land along the mainland side of the road. Article 5. Land price in the alley in connection with the routes specified in Annex 1 to 11 is calculated by the price of the parcel of land adjacent to the road in connection with this alley multiplied with the following: 1. Alley level 1: a) Position 1: the land parcel located within an alley from the start to not more than 300m, the coefficient of 0.25. b) Position 2: the land parcel lying within a distance from the beginning of an alley to over 300m – 500m, the coefficient of 0.20. c) Position 3: the land parcel lying within a distance from the beginning of an alley to over 500m or in sub-alley of the alley, the coefficient of 0.15. 2. Alley level 2: a) Position 1: the land parcel located within an alley from the start to not more than 100m, the coefficient of 0.20. b) Position 2: the land parcel lying within a distance from the start of an alley to over 100m – 200m, the coefficient of 0.15 c) Position 3: the land parcel lying within a distance from the beginning of an alley to over 200m or sub-alleys of the alley, the coefficient of 0.10. 3. Alley level 3: a) Position 1: the land parcel located within an alley from the start to not more than 100m, the coefficient of 0.15. b) Position 2: the land parcel lying within a distance from the beginning of an alley to over 100m – 200m, the coefficient of 0.10. c) Position 3: the land parcel lying within a distance from the beginning of an alley to over 200m or sub-alleys of the alley, the coefficient of 0.05. 3 4. Land prices at position 1, 2 and 3 specified in paragraph 1, 2 and 3 of this article are applied to the parcel of land with profound depth of 30 meters or less from the edge of road. From depth of 31st to 70th meter, land price is equal to 50% of land price in the front of the alley and from 71st meter or more, land price is equal to 25% of land price in the front of the alley. The land prices in the alleys which are calculated according to the rules above are not less than 120,000 VND/m2 in Soc Trang city, not less than 100,000 VND/m2 in township locality, grade IV and V types of districts and not less than 80,000 VND/m2 in communes. In the case of the parcel of land located at the position of many alleys adjacent to each other through several routes, residential land price of the street which is a basic for calculating land prices of alleys is the closest street to this land parcel. Article 6: Land at the corner (for the routes specified in Annexes 1 to 11, not including alleys) with two edge adjacent to two roads, residential land price is the price of land at the area that this land carries the address multiplying 1.2. In the case of land without address, the land price is the price of land in the route which has higher price. Article 7. 1. Annual crop land prices, land for perennial crops, aquacultural land, forest land and land for salt production in the area of the district are specified in Appendix 2a and Appendix 12 to 11a. 2. For aquacultural land in the province which has not been determined area, the location in this regulation, when the State recovers land, land price is the price of annual crop land in the same area or position. 3. Gardens and ponds in the same parcel of land with house but not recognized as residential land; agricultural land in residential areas in towns and rural areas; agricultural land adjacent to side of highway, provincial roads, district roads within 100 meters from the edge of highway (except Soc Trang city), the price of land is specified in Clause 7 of Annex 12. The determination of residential townships, rural residential areas complies with current regulations. 4. For land of rivers, canals and water surface used for aquacultural purposes, the land price applies to aquacultural land prices corresponding to the region and the location specified in Annex 2a to 11a. When land is used for nonagricultural purposes or non-agricultural purposes combined aquacultural, fisheries exploitation, the price of land bases on non-agricultural land prices in 4 the same area, location or in the nearest vicinity (if not adjacent) to determine specific prices Chapter III PRICES OF LAND OF PRODUCTION, BUSINESS AND OTHER NON-AGRICULTURE Article 8. Land of production, nom-agricultural business in Soc Trang province not including land already specified in Annexes 1 to 15, the price of land applies to the corresponding position in the location of land in urban areas and rural areas, as follows: 1. For direct production activities to create products and goods; business activities, services in health sector, education – training sector, vocational training: the price of land is determined by 50% of land prices in the same area or location. 2. For remaining businesses and services: the land price is equal to 70% of land price in the same area or location. 3. Land price in the same place mentioned in Paragraph 1, 2 of this Article is specified in Article 3, 4, 5 and 6 in this Regulation. Article 9. The determination of the total value of land-use right for production and non-agricultural business land bases on price land for production, nonagricultural business which is specified in Article 8 of this Regulation. Article 10. 1. Rental fee of land for production and businesses in industrial zones, tourist areas which are separated by Provincial People’s Committee does not apply price rate under Article 8 of this Regulation. 2. Construction land offices, land for building business works, land use for national defense, security, land use by religious organizations, land for cemeteries, graveyards and other non-agricultural land (including land for building museum, conservators, art gallery, art creation facility, land used for public purposes): land prices are based on residential land prices in the same area, location or land price of the nearest vicinity (in the case of no 5 adjacent land) to determine specific land price under Article 3, 4, 5, and 6 of this Regulation. Article 11. For alluvial land of Hau River, coast; dunes emerging on rives; unused land, the price of land is determines by the purpose of land use when putting land to use or according to allowance of People’s Committee. Chapter IV IMPLEMENTATION Article 12. For cases of land users applying for certificates of land use rights, application for transferring land-use purpose at State agencies, financial obligations is determined by land prices which are specified by Provincial People’s Committee at the time of land users submitting sufficient valid application as stipulated in Clause 3 and Clause 4 of Article 4 of Decree No. 84/2007/ND-CP dated 25/05/2007 of the Government. Article 13. The projects which have decided to approve the compensation plan, support and resettlement are processed as follows: 1. Projects, finished items which already paid compensation plans, support and resettlement before the date this Regulation coming into force does not apply or adjust this regulation. 2. Projects, finished items which were already approved compensation plans, supports and resettlement or are paying compensation, support and resettlement plans approved before this regulation taking effect comply with the approved plans, do not apply or adjust according to this regulation. In the case of late compensation, land price which is used to compensate and support complied with the provision of Clause 2 of Article 9 of Decree No. 197/2004/ND-CP of the Government. Article 14: Responsibilities of relevant departments 1. Director of Department of Construction is responsible for implementing, instructing to determine position of planned commune center and residential areas as foundation to identify land prices. 6 2. Director of Department of Planning and Investment coordinates with relevant departments to determine specific forms of production, business, and service defined in Clause 1 and 2 of Article 8 of this regulation. 3. Director of the Department of Natural Resources and Environment coordinates with Department of Finance, relevant departments and People’s Committee of districts, city to announce the application of land prices in the province under this regulation and often monitor, inspect and report implementation results to the provincial People’s Committee. ON BEHALF OF PEOPLE’S COMMITTEE pp Chairman Vice-Chairman Tran Thanh Nghiep (Signed) 7 APPENDIX 12 AGRICULTURAL LAND PRICES IN DISTRICTS, THE CITY AND REGIONS BORDERING SOC TRANG CITY, AFFORESTATION LAND, SALT PRODUCING LAND AND RURAL LAND (REMAINING REGION 3) IN DISTRICTS (Issued together with Decision No. 35/2010/QD-UBND dated 21/12/2010 of People’s Committee of Soc Trang province) ----1. Agricultural land prices in Soc Trang city (for perennial crop land, annual crop land, land for aquaculture and other agricultural land): 80,000 VND/m2. 2. Price of agricultural land bordering My Tu, Chau Thanh, My Xuyen, Long Phu districts with Soc Trang city (identified within 300m distance from the administrative boundary line towards districts and general application land for annual crops, perennial crops, and aquaculture): 56,000 VND/m2. 3. Price of salt production land of cooperatives in Vinh Chau district: 20,000 VND/m2. 4. Price of forest land of divisions of Forestry Companies in districts: 20,000 VND/m2. 5. Prices of rural land in region 3 in districts. Unit: 1,000 VND/m2 Region Position 1 Position 2 Position 3 Region 3 120 100 80 6. Gardens and ponds in the same parcel of land with house but not recognized as residential land; agricultural land in residential areas in towns, rural areas; agricultural land adjacent to the side of national highway, provincial roads, district roads within 100m from the edge of roads (except Soc Trang city): a) In regional towns, urban type IV and type V: 60,000 VND/m2. b) In communes: 55,000 VND/m2. 8 APPENDIX 13 PROCE OF LAND IN MINH CHAU RESIDENTIAL PROJECT, SOC TRANG CITY, SOC TRANG PROVINCE (Issued together with Decision No. 35/2010/QD-UBND dated 21/12/2010 of People’s Committee of Soc Trang province) ----1. Residential land prices for land plots of A1 and A2 Road (throughout the road): 560,000 VND/m2. 2. Residential land prices for land plots of B Road, under limitation of 03 of route length: - Limit 1 (from national road 1A to A2): 1,120,000 VND/m2. - Limit 2 (from Street A2 to Street A1): 620,000 VND/m2. - Limit 3 (from Street A1 to Street 30/4) 336,000 VND/m2. 3. Residential land prices for parcels of land under street C1, C2, C3, C4, C5 and C7 (throughout street): 560,000 VND/m2. 4. Residential land prices for land plots in street D1, D2, D3, D4, D5, D6, D7, D8, D9, D10, D11, D12, D13, D14, D15, D16, D17, D18 and D19 (throughout streets): 208,000 VND/m2. Note: The above specified name based on planning drawing of Minh Chau residential zone approved in Decision No. 1653/QD.HC.04, dated 21/10/2004 of the Chairman of People’s Committee of Soc Trang province. 9 APPENDIX 14 PRICE OF LAND IN RESIDENTIAL PROJECTS AROUND MILITARY SCHOOL 9, SOC TRANG CITY, SOC TRANG PROVINCE (Issued together with Decision No. 35 / 2010/QD-UBND, 21 / 12 / 2010 of People's Committee of Soc Trang Province) ---1. Residential land prices for land plots in Zone A (lots A5, A8 and A12) and Zone B which is located adjacent the front of Tran Hung Dao Street extened: 4,000,000 VND/m2. 2. Land prices in pairs of road No. 01: Under 02 limits the length of the route: - Limit 1 (For the parcel of land located in the Tran Hung Dao Street to 09 th of the street): 2,800,000 VND/m2. - Limit 2 (For the parcel of land lying in the road section from Road No. 09 to Road No. 07): 2,000,000 VND/m2. 3. Land prices of the rest way in the residential zone: No. 02, No. 03, No. 04, No. 05, No. 06, No. 07, No. 08, No. 09 and No. 10: 1,400,000 VND/m2. 4. Coefficient to calculate supplement prices: For the parcel of land which is located adjacent to surface of 2 side of the road, land price multiplies coefficient as 1.2 10 APPENDIX 15 PRICE OF LAND IN SMALL PROJECTS 1 AND 5 UNDER THE URBAN DEVELOPMENT PROJECTS AND RESETTLEMENT 5A AREA - MAC DINH CHI, SOC TRANG CITY, SOC TRANG PROVINCE (Issued together with Decision No. 35 / 2010/QD-UBND, 21 / 12 / 2010 Soc Trang Province People's Committee) 1. Land prices in implementation for low-income subjects were approved by the PPC guidelines and policies of the province: a) The inner layer: Price 1,000,000 VND/m2. b) The outer layer: - No. 8 (adjacent resettlement): Price 1.2 million VND/m2. - No. 7 (bordering with Nam Nhan Luc): Price 1.4 million VND/m2. 2. Residential land prices for household are arranged by the resettlement of project affected river embankment Maspero, Soc Trang town, Soc Trang province: a) The inner layer (a width of road of 8 m): 900,000 VND/m2. b) Land outside the range: - Street 7: 1,080,000 VND/m2 - Street 8: 1.28 million VND/m2 3. Price of land lines 9A, 9B, 14, 16, 20, 21, 22 and 23: 1.3 million VND/m2. 11