09:55 | 28/06/2023

What are the documents on request for recognition of successful bid of land use rights in Vietnam?

What are the documents on request for recognition of successful bid of land use rights in Vietnam? - Question of Ms. An in Hue.

What are the documents on request for recognition of successful bid of land use rights in Vietnam?

According to the provisions of Clause 2, Article 12 of Joint Circular No. 14/2015/TTLT-BTNMT-BTP stipulating as follows:

Approving auction results
1. Within 05 working days, from the date on which the documents and report on auction results are transferred from the auctioneering organization, the auction authority shall send documents to the competent People’s Committee. The competent People’s Committee shall issue the recognition of successful bid.
2. Documents on request for recognition of successful bid include:
a) A draft recognition of successful bid;
b) Decision on auction issued by competent People’s Committee;
c) Documents on auctioned land plot(s);
d) Contract for hiring auctioneering organization;
dd) Report on organization of auction and report on successful bid.

Thus, the documents on request for recognition of successful bid of land use rights include:

- A draft recognition of successful bid;

- Decision on auction issued by competent People’s Committee;

- Documents on auctioned land plot(s);

- Contract for hiring auctioneering organization;

- Report on organization of auction and report on successful bid.

What are the documents on request for recognition of successful bid of land use rights in Vietnam?

What are the documents on request for recognition of successful bid of land use rights in Vietnam? (Image from the Internet)

What contents does the draft recognition of successful bid of land use rights include?

According to the provisions of Clause 3, Article 12 of Joint Circular No. 14/2015/TTLT-BTNMT-BTP stipulating as follows:

The competent People’s Committee shall promulgate the recognition of successful bid and send it to the natural resources and environment authority, auction authority, tax authority and the successful bidder. A draft recognition of successful bid shall contain:

- Legal basis for decision;

- Location, area, purposes, method, land use term, infrastructure, and property on auctioned land plot(s) (if any);

- Name and address of the successful bidder;

- Amount of money equivalent to the successful bid and infrastructure, property on land (if any); method, location and deadline for payment of amount of successful bid;

- Authority in charge of signing the contract for land lease and issuing Certificate of rights to use land, ownership of land and property on land (hereinafter referred to as land use right certificate) for the auctioned land plot;

- Responsibility of relevant agencies and units.

What are the regulations on monitoring organization of auction of land use rights in Vietnam?

According to the provisions of Article 11 of Joint Circular No. 14/2015/TTLT-BTNMT-BTP on monitoring organization of auction of land use rights in Vietnam as follows:

Monitoring organization of auction
1. The auctioneering organization shall hold the auction in conformity with procedures prescribed in law on property auction and detailed contents specified in the contract for hiring auctioneering organization.
2. The auction authority shall assign its representative to participate and monitor the auction. Depending on case-by-case basis, the auction authority and the auctioneering organization shall invite representatives of natural resources and environment authority, justice authority, finance authority, and local government where the auctioned land plot is located and representative of other relevant organizations or individuals to participate and monitor the auction.

Thus, the auctioneering organization shall hold the auction in conformity with procedures prescribed in law on property auction and detailed contents specified in the contract for hiring auctioneering organization.

In addition, the auction authority shall assign its representative to participate and monitor the auction.

Depending on case-by-case basis, the auction authority and the auctioneering organization shall invite representatives of natural resources and environment authority, justice authority, finance authority, and local government where the auctioned land plot is located and representative of other relevant organizations or individuals to participate and monitor the auction.

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