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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?
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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
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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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