THE BUSINESS INFORMATION CENTER AT THE VIETNAM CHAMBER OF COMMERCE AND INDUSTRY

September 2003

   

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Issue No. 22
Access to land
:: Article  :: Viewpoints
 

Issue No. 21
The state capital
investment corporation
:: Article  :: Viewpoints
 

Issue No. 20
Streamlining the
business startup process
:: Article  :: Viewpoints
 

Issue No. 19
Effective Implementation of the new Enterprise and Investment Laws
:: Article  :: Viewpoints
 

Issue No. 18
Starting a business in Vietnam
:: Article  :: Viewpoints
 

Issue No. 17
Streamlining
Business Licensing
:: Article  :: Viewpoints
 

Issue No. 16
Women's entrepreneurship
:: Article  :: Viewpoints
 

Issue No. 15
Private Credit Bureaus
:: Article  :: Viewpoints
 

Issue No. 14
Efforts in improving business environment
:: Article  :: Viewpoints
 

Issue No. 13
Corporate governance
:: Article  :: Viewpoints
 

Issue No. 12
The common investment law
:: Article  :: Viewpoints
 

Issue No. 11
Private sector firms
:: Article  :: Viewpoints
 

Issue No. 10
The unified enterprise law
:: Article  :: Viewpoints
 

Issue No. 9
Investment incentives
in Vietnam
:: Article  :: Viewpoints
 

Issue No. 8
Business Environment in Vietnam - Overview 2004
:: Article  :: Viewpoints
 

Issue No. 7
Business Development Services
:: Article  :: Viewpoints
 

Issue No. 6
Local governance
& Economic growth
:: Article  :: Viewpoints
 

Issue No. 5
SOE Valuation
:: Article  :: Viewpoints
 

Issue No. 4
Corp. Social Responsibility
:: Article  :: Viewpoints
 

Issue No. 3
Trademark protection
:: Article  :: Viewpoints
 

Issue No. 2
The stock market
:: Article  :: Viewpoints

 

Issue No. 1
The revised draft Land Law
:: Article  :: Viewpoints

 

 

VIEWPOINTS
 
Mechanisms to determine pricing of  

Land Use Rights (LUR)

 

The draft Land Law allows for more market-oriented measures to determine the pricing of LUR, such as auction, bidding, self-determination and registration, etc. This being the case, why does the stipulation that the State determines land price still remain? Would this result in inconsistent implementation; for example land users pay land-use fees to the State based on market prices, but the State compensates land users at the State's determined price in in the case of repossession? In addition, does the new stipulation that allows for all parties to negotiate and agree upon a price for the transfer of LUR create difficulties for State authorities in land repossession and site compensation for investment projects?

  • The principle that the State determines land prices remains [in the new draft Law] in order to facilitate uniform government land administration. Also, when land price is not determined by measures such as auction and bidding, etc. the State regulated price will be applied. The draft Law stipulates that the State determines land price, but [I think] that price should be close to the market price. The allocation of land accompanied by the collection of land-use fees and land confiscation will utilize the same pricing mechanism. The stipulation that allows for negotiation on transfer price will benefit investors, especially SMEs, as it allows them to negotiate directly on LUR transfer prices, and to clear land for project implementation on their own, as long as the land is used for its approved purpose and is consistent with the State's land planning regulations. The State will only focus on site clearance for large investment projects.

 His Excellency Dang Hung Vo - Vice Minister of Natural Resources and Environment,
Member of the Land Law Drafting Committee


  • For businesses, I believe that the most transparent and fair way to determine land price is through auction or bidding, so I very much welcome this new stipulation [in the Law]. What's important is that the implementation of auction and bidding is serious and transparent, so as to ensure fair results.

Mrs. Ngo Thuy Hoa - Director, Thai Hoa Tea Company


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Publisher: Dao Tuan Dung - Director of BIZIC - VCCI
Office: 5th floor - International Trade Center - No. 9 Dao Duy Anh Str., Hanoi
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