Proposing the winner of the land use rights in Vietnam auction does not pay or does not pay enough money within 60 days, the result will be canceled?

Main Content

• What are the current regulations on financial procedures for the auction winner of land use rights in Vietnam?
• If the winner of the land use rights in Vietnam auction does not pay or does not pay enough money within 60 days, the result will be canceled (Tentative)?
• What are the land use right auctions?

What are the current regulations on financial procedures for the auction winner of land use rights in Vietnam?

According to Article 68 of Decree 43/2014/ND-CP (amended by Clause 20, Clause 21, Article 1 of Decree 148/2020/ND-CP) stipulates:

"Article 68. Order and procedures for land allocation, land lease, permission to change the use purpose of rice-growing land, protection forest land, and special-use forest land for other purposes

…

3. The order and procedures for land allocation or land lease, in case of land allocation or land lease without the form of auction of land use rights, are prescribed as follows:

a) The natural resources and environment agency shall guide the investor to compile dossiers of application for land allocation or land lease and fulfill financial obligations as prescribed by law; submit to competent People's Committees for decision on land allocation or land lease; sign a land lease contract in case of land lease;

b) The person who is allocated or leased land shall pay land use levy in the case of land allocation with collection of land use levy, and pay land rent in the case of land lease;

c) The natural resources and environment agency shall submit to the competent state agency for issuance of the Certificate of land use rights and ownership of houses and other land-attached assets; organize the allocation of land in the field and award the Certificate to the person to whom the land is allocated or leased; directing the updating and correction of land databases and cadastral records.

4. In case of land allocation or land lease not through auction of land use rights for the implementation of the project specified in Article 61 and Article 62 of the Land Law, there are a number of steps to prepare for land allocation, for the purpose of project implementation. Land lease shall be carried out concurrently with the order and procedures for land recovery according to the following regulations:

a) During the implementation of the plan for land recovery, investigation, survey, measurement and tally, the investor may conduct survey and measurement to formulate an investment project in accordance with the law on investment. investment and construction law; competent agencies carry out procedures for appraising the investor's land use needs, appraising land allocation and land lease conditions;

b) During the implementation of the approved compensation, support and resettlement plan, the investor may submit an application for land allocation or land lease without having to wait until the site clearance is completed.

5. The order and procedures for land allocation or lease of cleared land, in case of land allocation or land lease through auction of land use rights, are prescribed as follows:

a) Based on the district-level annual land use plan approved by a competent state agency, the natural resources and environment agency shall direct the formulation of a land use right auction plan and submit it to the People's Committee. same level of approval;

b) The organization selected to conduct the auction according to the approved land use right auction plan shall organize an auction of land use rights;

c) Competent People's Committees shall issue decisions on recognition of auction winning results;

d) After the auction winner has fulfilled his financial obligations, the natural resources and environment agency shall submit it to the competent authority for issuance of a Certificate and sign a land lease contract in the case of land lease; organize the handover of land in the field and award the Certificate; directing the updating and correction of land databases and cadastral records.

In case the auction winner fails to pay or does not pay enough money according to the land use right auction plan, the competent People's Committee shall cancel the decision on recognition of the winning result of the land use right auction as prescribed. under the law.

6. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Justice in, stipulating the organization of auctions of land use rights when the State allocates or leases land

Proposing the winner of the land use rights in Vietnam auction does not pay or does not pay enough money within 60 days, the result will be canceled? (Picture from internnet)

If the winner of the land use rights in Vietnam auction does not pay or does not pay enough money within 60 days, the result will be canceled (Tentative)?

According to Clause 2, Article 4 of the Draft Decree amending and supplementing a number of Decrees detailing the implementation of the Land Law (amended by point d, Clause 5, Article 68 of Decree 43/2014/ND-CP) as follows:

“d) After the auction winner has fulfilled his financial obligations, the natural resources and environment agency shall submit it to the competent authority for issuance of a Certificate and sign a land lease contract in the case of land lease; organize the handover of land in the field and award the Certificate; directing the updating and correction of land databases and cadastral records.

In case the auction winner fails to pay or fails to fully pay the land use right auction winning amount within 60 days from the day on which the decision on recognition of the auction winning result is issued, the competent People's Committee shall cancel the decision. recognition of winning results at auction of land use rights”.

What are the land use right auctions?

According to Article 118 of the 2013 Land Law:

"Article 118. Land use right auctions and non-auction land use rights in Vietnam cases

1. The State allocates land with collection of land use levy or leases land by auction of land use rights in the following cases, except for the cases specified in Clause 2 of this Article:

a) Investing in the construction of houses for sale or for lease or for lease-purchase;

b) Invest in building infrastructure for transfer or lease;

c) Use the land fund to create capital for infrastructure construction investment;

d) Use of commercial or service land; land for non-agricultural production establishments;

dd) Leasing agricultural land for public use for agricultural production, forestry, aquaculture, and salt production;

e) Allocating or leasing land with respect to land recovered by the State due to the rearrangement and handling of working offices, non-business establishments, production and business establishments whose land-attached assets are owned by the State; state ownership;

g) Allocate residential land in urban areas and rural areas to households and individuals;

h) Land allocation or land lease for cases where land use levy or land rent is reduced."

Thus, the Draft stipulates that in the near future, the auction winner of the land use rights in Vietnam who does not pay or does not pay enough money within 60 days will have the result canceled.