There is a need for a "lock valve" to control the accuracy of land valuation results
On the morning of January 15, continuing the program of the 1th Extraordinary Session, the National Assembly conducted a discussion in the hall on some new contents or different opinions of the draft Land Law (amended).
Suggestions to further clarify some contents in the draft law, National Assembly Representative Nguyen Hoang Bao Tran (Binh Duong delegation) appreciated the work of absorbing and revising important contents of the Drafting Committee and the explanatory report of the Economic Committee.
Comments in Clause 5, Article 158 of the draft law stipulates "The land valuation methods at point c regarding the residual method in land valuation are done by subtracting the total development costs from the estimated total development revenue." estimated development of the land plot”.
Delegates recommended that the drafting committee not stipulate the surplus method in land valuation for the following reasons:
Firstly, there are many methods of land valuation, but land valuation using different methods gives similar results for that plot of land.
However, land valuation results when applying the residual method are made on the basis of assumptions and estimates, and the level of reliability is not high for areas with limited actual information and costs. revenue as a basis for estimates.
Besides, the value of the land plot has the potential to increase over time due to historical processes, commercial activities and other activities on that land plot itself.
National Assembly Representative Nguyen Hoang Bao Tran.
“However, determining the value always increasing is not reasonable because the value of the land plot can go down when the economy declines or encounters unfavorable factors. For example, currently, the market for real estate projects is almost frozen, so this method cannot accurately measure risk factors and adverse impacts on the economy," Ms. Tran commented.
Second, the calculation of the above assumed factors is very complicated, the valuation results are uncertain, inaccurate, and have large errors.
According to the delegate, for the same plot of land, if we only need to change one criterion in the assumed factors, the valuation result will also change. This is the main cause of problems and delays in determining, appraising and deciding on specific land prices in recent times and each person's understanding is different in different circumstances and times.
Besides, according to delegates, although the surplus method is prescribed in Decree No. 44 of 2014 of the Government and Circular No. 36 of 2014 of the Ministry of Natural Resources and Environment, over time the organization and implementation still remains. Many difficulties and obstacles, factors to estimate the total revenue and total hypothetical development costs of the real estate project are estimated on the basis of investigation, survey, and collection of transfer price information. , rental price and factors forming revenue and costs of projects with similar characteristics to the project needing valuation.
The factors that form revenue and costs are still generally regulated, with no specific standards, norms or criteria, so valuation is still difficult.
In addition, the investment project explanation is one of the important documents as a basis for using data applied in the surplus method of project implementation progress, business progress, and investment capital ratio that the investors must use. This indicator plays a decisive role in the valuation results.
Currently, investment project explanations are very sketchy, with insufficient information, data or lack of supporting data. In the context of incomplete price databases and land databases, including data on land prices, and the land use rights market has not yet developed comprehensively and transparently, eliminating one method Land valuation also needs to consider feasibility to ensure that it does not cause congestion in the implementation of land valuation.
"If it is necessary to retain this method, there should be a "lock valve" to control the accuracy and appropriateness of land valuation results," delegate Tran suggested.
In addition, currently in the work of compensation and land recovery, there is actually land recovery to carry out works and projects to dredge streams, ditches, canals, and canals, but the Land Law and decrees and notifications The guidance on compensation and site clearance has not yet been regulated, so this work faces great difficulties because people do not agree and make many requests, even complaining about the State's compensation decision, which is prolonged, causing problems. Difficulty in site clearance. Therefore, delegates proposed to review this content.
Unlock land resources
Contribute comments on completing the draft law to free up land resources for the overall development of the country, delegates Nguyen Thi Ngoc Xuan (Binh Duong delegation) presented the opinions of many businesses in Binh Duong province on the conditions for implementing commercial housing projects and agreements on receiving land use rights transfer at Point b, Clause 3, Article 122 and Point b, Clause 1, Article 127.
National Assembly Vice Chairman Nguyen Duc Hai moderated the meeting.
Delegates recommended adding other land cases if they are consistent with the approved planning, requesting the National Assembly to carefully consider and vote on this clause separately or assign the Government to pilot it for 5 years. then summarize the report to the National Assembly.
The reason according to the delegate comes from previous practice, when the State called for investment and economic development, many people and businesses who wanted to do business accepted to hand over their different types of land to the State. including residential land to be rented for production and business, creating jobs, making an important contribution to the local development process.
Up to now, when the State changes the planning and wants to renovate and embellish the urban area, there needs to be a priority mechanism to give them the opportunity to continue and invest in development on the land they have preserved and produced. business for many generations.
On the other hand, our State has enough basis to clearly determine the land origin of the enterprise. If the origin of the land before production and business is the enterprise's own (due to inheritance, donation or transfer), this issue needs to be thoroughly researched.
In addition, delegates recommended that it is necessary to soon amend and complete legal regulations on taxes and finance to harmoniously regulate benefits from converting other land use purposes to residential land to implement commercial housing projects. trade for three groups of people: land users, investors and the State, so that the State can redistribute adequate benefits to those land users and invest in socio-economic development projects. locally.
