Vietnam: Organizations and individuals will be able to auction land use rights when the State allocates land with land use fees or leases land?
Supplementing regulations on the auction of land use rights when the Vietnamese State allocates land with land use fee or leases land (Tentative)?
“Article 17a. Auction of land use rights when the State allocates land with collection of land use levy or leases land
1. An organization participating in an auction of land use rights must fully satisfy the following conditions:
a) Belong to the subjects who are allocated or leased land by the State according to the provisions of Articles 55 and 56 of the Land Law. Objects at this point are not allowed to enter into a joint venture or association to participate in the auction;
b) Satisfy the conditions specified in Clause 2, Article 14 of this Decree;
c) Do not violate the provisions of the law on land in the case of
use land allocated or leased by the State for the implementation of other investment projects;
d) Have an advance deposit equal to 20% of the total value of the land plot must be paid
according to the starting price for auction;
d) Have a commitment to guarantee from the bank for the investment capital until the completion into a project;
e) Not be banned from participating in the auction specified at Point
Clause 6 of this Article.
2. Conditions for individuals participating in the auction of land use rights:
a) Individuals participating in the auction of land use rights who do not carry out investment projects must fully satisfy the conditions specified at Points a, d, and e, Clause 1.
This;
b) In case an individual participates in an auction of land use rights to perform
an investment project must satisfy the conditions specified in Clause 1 of this Article.
3. Rights and responsibilities of auction participants of land use rights
a) To be provided with sufficient information related to the auctioned land parcel;
b) Have the right to refuse to participate in the auction and receive a refund of the deposit in case there is a change in the starting price, location, area, type of land listed or publicly announced; in case the deposit generates interest, the auction participants shall receive such interest;
c) Commitment to implement the project according to the approved schedule in the land use right auction plan; in case the land is not put into use or is behind schedule specified in the auction plan, it shall be handled according to the provisions of Point i, Clause 1, Article 64 of the Land Law and Article 15 of the Decree No. 43/2014/ND-CP;
d) The deposit must be paid in full as prescribed at Point d, Clause 1 of this Article.
4. Auction participants may not receive their deposit back in the following cases:
a) The deposit has been paid but did not participate in the auction or public meeting
price declaration that is not subject to force majeure;
b) The right to participate in the auction is disqualified due to violations of regulations of law
law;
c) Refuse to sign the auction minutes as prescribed;
d) Withdrawal of the price paid or accepted;
dd) Refuse the auction winning result in accordance with the Law on Property Auction.
5. The auction winner must pay a deposit equal to 20% of the value of the land plot calculated at the auction winning price right at the auction and before making the auction minutes. The deposit specified at Point d Clause 1 of this Article shall be deducted from the deposit.
6. The auction winner whose auction winning result is canceled specified at Point d, Clause 5, Article 68 of Decree No. 43/2014/ND-CP shall not be refunded the deposit and may not participate in the auction of the right to use the auction. land within three (03) years from the date of cancellation of the auction winning result.”
Vietnam: Organizations and individuals will be able to auction land use rights when the State allocates land with land use fees or leases land?
What is the principle of auction of land use rights in Vietnam?
According to Article 117 of the Land Law 2013, the principles of auction of land use rights are:
“Article 117. Principles of auctions of land use rights
1. Auctions of land use rights shall be conducted on the principles of publicity, continuity, impartiality, honesty, equality and protection of lawful rights and interests of involved parties.
2. Auctions of land use rights shall be conducted in accordance with the order and procedures prescribed in the land law and law on asset auctions.”
What are the conditions for conducting an auction of land use rights in Vietnam?
According to Article 119 of the 2013 Land Law, the auction of land use rights are:
“Article 119. Holding of auctions of land use rights
1. Conditions for holding an auction of land use rights upon land allocation or land lease by the State:
a/ The annual district-level land use plan approved by a competent state agency is available;
b/ The land has been cleared or is land with attached assets owned by the State;
c/ The plan for holding the auction of land use rights approved by a competent state agency is available.
2. Organizations and individuals participating in an auction of land use rights must satisfy the following conditions:
a/ Being eligible to be allocated or leased land as prescribed in Article 55 or 56 of this Law;
b/ Meeting the conditions for the implementation of investment projects under Article 58 of this Law in case of land allocation or land lease for implementation of investment projects.”
LawNet
