What are the land funds used for auction of land use rights for allocation of levied land in Vietnam? What is included in the documents on auctioned land plots?
- What are the land funds used for auction of land use rights for allocation of levied land in Vietnam?
- What are the contents of the land use right auction plan for allocation of levied land in Vietnam?
- What is included in the documents on auctioned land plots for allocation of levied land in Vietnam?
What are the land funds used for auction of land use rights for allocation of levied land in Vietnam?
According to the provisions of Article 4 of Joint Circular No. 14/2015/TTLT-BTNMT-BTP, the types of land fund used for auction of land use rights in Vietnam include:
- Land which State of Vietnam recovers for socio-economic development, national and public interests as prescribed in Article 62 of the 2013 Land Law; recovers due to violations against the 2013 Land Law as prescribed in Clause 1 Article 64 of the 2013 Land Law; recovers due to termination of land use or voluntary return of land as prescribed in Point a, b, c and d Clause 1 Article 65 of the 2013 Land Law;
- Land which the State of Vietnam recovers for changes in head offices, non-business entities, business entities whose property on land belongs to the State of Vietnam;
- Land which be managed by People’s Committees of communes, wards and towns or land development organizations but has not been allocated or leased as prescribed;
- Land which be allocated or leased to organizations prescribed in Point b and Point c Clause 1 Article 8 of the 2013 Land Law by competent agencies.
What are the land funds used for auction of land use rights for allocation of levied land in Vietnam? What is included in the documents on auctioned land plots? (Image from the Internet)
What are the contents of the land use right auction plan for allocation of levied land in Vietnam?
Pursuant to Article 6 of Joint Circular No. 14/2015/TTLT-BTNMT-BTP on making plan for auction of land use rights in Vietnam as follows:
- According to approved annual land-use planning of districts and proposals of units in terms of auction of existing land fund, each Service of Natural Resources and Environment or each Committee division of Natural Resources and Environment shall send reports to the People’s Committees at the same administrative level.
The People’s Committee shall direct the agency in charge of land fund management prescribed in Article 4 of Joint Circular No. 14/2015/TTLT-BTNMT-BTP to make plans for auction of land use rights for approval.
- Each plan for an auction of land use rights shall contain:
+ A list of types of land, location, area, infrastructure, and property on auctioned land plots (if any);
+ Purposes, forms (land allocation or land lease), land use terms of auctioned land plots;
+ Expected time for auction of land plots;
+ Participants/bidders and conditions for participating the auction; participation fees and deposits;
+ Auction method;
+ Funding for auction expenses;
+ Expected collecting amount and proposal for using receipt from the auction;
+ Method for selecting an auctioneering organization (competitive or non-competitive bidding) or proposal for establishment of an auctioneering council (if accepted as prescribed);
+ Proposal for auction authority.
What is included in the documents on auctioned land plots for allocation of levied land in Vietnam?
Pursuant to Clause 2, Article 7 of Joint Circular No. 14/2015/TTLT-BTNMT-BTP, the documents on auctioned land plots include:
Preparing documents on auction
…
2. Documents on auctioned land plots include:
a) A statement and a draft decision on auction;
b) Relevant documents on current conditions of management and use of the auctioned land plots and infrastructure and property on the auctioned land plots (if any) issued by competent agencies;
c) Information about land-use zoning and detailed construction planning related to the auctioned land plots that is approved by competent agencies;
d) Copies of cadastral map or cadastral measurement map of the auctioned land plots (in case of no cadastral map);
dd) Name and address of auction authority.
Thus, documents on auctioned land plots include:
- A statement and a draft decision on auction;
- Relevant documents on current conditions of management and use of the auctioned land plots and infrastructure and property on the auctioned land plots (if any) issued by competent agencies;
- Information about land-use zoning and detailed construction planning related to the auctioned land plots that is approved by competent agencies;
- Copies of cadastral map or cadastral measurement map of the auctioned land plots (in case of no cadastral map);
- Name and address of auction authority.
LawNet
