Commune-level land valuation authority under the Commune-level People’s Committee Chairman is a fundamental component of state land management at the grassroots level. Specific regulations regarding subjects, agencies, dossier components, and procedures create a strong legal foundation for determining specific land prices locally.
Land Valuation Rules under Commune-level Land Valuation Authority
Executing Subject of Administrative Procedure
According to Section 1.5, Sub-item 1, Item II.B, Part II of the Appendix issued with Decision 3969/QD-BNNMT dated September 25, 2025, the executing subject for this procedure is the functional land management agency of the commune-level People’s Committee.
Resolving Agency for Administrative Procedure
According to Section 1.6, Sub-item 1, Item II.B, Part II of the Appendix issued with Decision 3969/QD-BNNMT, the resolving agency for this procedure is the commune-level People’s Committee.
Procedure for Commune-Level Land Valuation
Dossier Components and Quantity
The dossier for land valuation under the authority of the Commune-level People’s Committee Chairman is regulated in Section 1.3, Sub-item 1, Item II.B, Part II of the Appendix issued with Decision 3969/QD-BNNMT. Components include:
Dossier submitted to the Specific Land Price Appraisal Council:
Written request for appraisal of the land price plan.
Submission report on the land price plan.
Explanatory report on the land price plan construction; draft Valuation Certificate.
Specific land valuation dossier.
Dossier submitted to the Commune-level People’s Committee Chairman for land price decision:
Submission report on the land price plan from the functional land management agency.
Explanatory report on the land price plan construction; Valuation Certificate.
Written appraisal of the land price plan from the Specific Land Price Appraisal Council.
Meeting minutes of the Specific Land Price Appraisal Council.
Report on reception, revision, and finalization of the land price plan according to the Council’s written appraisal.
Order of Commune-Level Land Valuation
The procedure for land valuation under the authority of the Commune-level People’s Committee Chairman is regulated in Section 1.1, Sub-item 1, Item II.B, Part II of the Appendix issued with Decision 3969/QD-BNNMT:
Step 1: The commune-level functional land management agency prepares the specific land valuation dossier.
Step 2: The commune-level functional land management agency decides on ordering or assigning tasks to a public non-business unit qualified for land valuation consulting or selects a land valuation consulting organization according to bidding laws for specific land valuation.
Step 3: The provincial-level finance agency submits to the Commune-level People’s Committee Chairman the decision to establish the Specific Land Price Appraisal Council.
Step 4: The commune-level finance agency submits to the Chairman of the Specific Land Price Appraisal Council the decision to establish the Council’s assisting team.
Step 5: Land valuation implementation:
Determine the specific land price and provide information on investigation results and input data to the functional land management agency.
Develop the land price plan, draft the Valuation Certificate, and send it to the functional land management agency.
Step 6: The commune-level functional land management agency:
Publicizes the Explanatory report on the land price plan construction on the electronic portal.
Checks the completeness of the report’s content.
Submits the report to the Specific Land Price Appraisal Council.
Step 7: The Specific Land Price Appraisal Council appraises the land price plan and sends the written appraisal to the commune-level functional land management agency.
Step 8: The commune-level functional land management agency receives, explains, revises, and finalizes the land price plan.
Step 9: The commune-level functional land management agency submits the plan to the Commune-level People’s Committee Chairman to decide on the specific land price.
Step 10: If the specific land price is used for compensation calculation when the State recovers land, the commune-level functional land management agency provides the land price plan to the unit responsible for compensation, support, and resettlement to formulate the compensation plan. The appraisal and approval of the land price plan are conducted according to regulations.
Step 11: The functional land management agency archives the records, updates the national land database, and publicizes the explanatory report and the land price decision on the electronic portal. The specific land valuation dossier is archived for at least ten years from the date of the land price decision, unless otherwise specified by law.
Step 12: Within 15 days from the date the Commune-level People’s Committee Chairman decides the specific land price, the functional land management agency sends the results to the Ministry of Agriculture and Environment.
Land Valuation Procedure under Commune-level Land Valuation Authority
Principles of Land Valuation under the Commune-level Land Valuation Authority
According to Clause 1, Article 158 of the 2024 Land Law, land valuation must adhere to the following principles:
Market-based valuation methods.
Compliance with valuation methods, order, and procedures.
Ensuring honesty, objectivity, publicity, and transparency.
Ensuring independence between the land valuation consulting organization, the land price list appraisal council, the specific land price appraisal council, and the competent agency or person deciding on the land price.
Harmonizing the interests of the State, land users, and investors.
Long Phan Consulting Company provides answers to common inquiries regarding the procedure for commune-level land valuation.
Common Inquiry: Prescribed Land Valuation Methods
The methods for land valuation include:
Comparison Method: Adjusting the prices of comparable land parcels (same use purpose, similar factors) that were transferred or auctioned, to determine the value of the subject parcel.
Income Method: Dividing the average annual net income from the land by the average 12-month savings deposit interest rate of state-owned commercial banks in the province over the last three years.
Residual Method: Subtracting the total estimated development costs from the total estimated development revenue of the land parcel, based on the highest and best use allowed by approved zoning.
Land Price Adjustment Coefficient Method: Multiplying the price from the land price list by the land price adjustment coefficient. This coefficient is determined by comparing the land price list price to the market price.
Legal Basis: Clause 5, Article 158, 2024 Land Law.
Common Inquiry: Definition of Land Price
Land price is the value of land use rights, calculated as money per unit of land area.
Legal Basis: Clause 19, Article 3, 2024 Land Law.
Common Inquiry: Rights of Land Valuation Consulting Organizations
These organizations have the following rights:
To provide land valuation consulting services.
To request the client and related parties to provide information and documents for valuation as prescribed by law.
Other rights according to legal regulations.
Legal Basis: Clause 1, Article 162, 2024 Land Law.
Common Inquiry: Obligations of Land Valuation Consulting Organizations
These organizations have the following obligations:
Comply with the principles, bases, methods, order, and procedures for land valuation.
Be independent, objective, and truthful in valuation activities.
Ensure professional ethics of their valuers.
Be responsible for the professional aspects of their valuation consultancy.
Perform valuation consulting as regulated.
Submit to inspection by competent state agencies; report valuation results upon request.
Register their list of valuers (and any changes) with the provincial land management agency where their head office is located.
Provide consultancy for and participate in appraisal councils for land price lists and specific land prices when requested by state agencies.
The land use term. (This does not apply to agricultural land within the allocated limit or within the limit of transferred rights).
Input information for the valuation methods.
Other factors affecting the land price.
Relevant legal regulations at the time of valuation.
Legal Basis: Clause 2, Article 158, 2024 Land Law.
Conclusion
Specific land valuation under the Commune-level People’s Committee Chairman ensures consistency and transparency in the land valuation process. Adherence to this procedure not only guarantees legality, objectivity, and transparency in valuation but also enhances the effectiveness of state land management at the grassroots level, balancing the interests of the State, land users, and related parties.
For detailed consultation and support in executing this procedure quickly and in compliance with the law, please contact Long Phan Consulting Company via hotline: 1900636389 for dedicated and professional service.
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Luật sư Nguyễn Thu Hương
Lawyer Nguyen Thu Huong is a leading expert in the field of investment and licensing for foreigners. With extensive knowledge of investment laws and the complex regulations related to licensing procedures, she has successfully assisted numerous businesses and foreign investors in establishing their operations in Vietnam.