What are cases of land allocation, land lease by land use right auctions in Vietnam under the Land Law 2024?
Cases of land allocation, land lease by land use right auctions in Vietnam according to the Land Law 2024
Based on the provisions of Clause 1, Article 125 of the Land Law 2024, the cases in which the state allocates land with a land levy or leases land with a lump-sum payment for the entire lease period by land use right (LUR) auctions are as follows:
Case 1
Investment projects using land from the land fund managed by state agencies or organizations are land not yet allocated, not yet leased, or already allocated for management, including:
- Land used for public purposes;
- Rivers, canals, streams, ponds, lakes, lagoons;
- Cemeteries, funeral homes, cremation facilities; facilities for storing ashes;
- Specialized water surface land;
- Special-use forests, protection forests, production forests;
- Land recovered by the state and allocated to land fund development organizations for management;
- Land recovered by the state and allocated to commune-level People's Committees for management in the cases specified at point dd, Clause 1, and Clause 3 of Article 82 of the Land Law 2024; Clause 2 of Article 82 of the Land Law 2024 in rural areas; Clause 5 of Article 86 of the Land Law 2024; point e, Clause 2 of Article 181 of the Land Law 2024;
- Land reallocated, transferring the land use rights of foreign organizations with diplomatic functions when they no longer need the land, performed based on international treaties, international agreements, and relevant legal regulations;
- Agricultural land used for public purposes of communes, wards, commune-level towns;
- Unused land.
Note: The above projects must not fall into the categories of land allocation, land lease without auctioning land use rights, or bidding for investor selection to implement projects using land prescribed in Article 124 of the Land Law 2024 and the case of land allocation, land lease by LUR auctionsing land use rights in Article 126 of the Land Law 2024.
Case 2
Allocation of homestead land to individuals except in cases of land allocation, land lease without auctioning land use rights, or bidding for investor selection to implement projects using land in Article 124 of the Land Law 2024.
What are cases of land allocation, land lease by LUR auctions in Vietnam according to the Land Law 2024? (Image from the Internet)
What are conditions for land allocation, land lease by LUR auctions in Vietnam under the Land Law 2024?
When conducting land allocation and land lease that must go through an auction, various conditions must be adhered to according to Article 125 of the Land Law 2024, specifically:
Conditions to auction land use rights include:
- Land has been recovered and compensation, support, resettlement are completed or not required; in the project area with connected transportation infrastructure;
- Included in the annual land use plan at the district level approved for use to auction land use rights, except for the auction of land use rights for the land specified at point e, Clause 1, Article 217 of the Land Law 2024;
- Having a 1/500 detailed planning prepared and approved by competent state agencies for housing construction investment projects;
- Land use rights auction plans approved by competent authorities.
Organizations participating in the auction of land use rights must meet the following conditions:
- Subject to being allocated land or leased land by the state as per Article 119 and Article 120 of the Land Law 2024;
- Ensure conditions specified in Article 122 of the Land Law 2024 for land allocation, land lease to implement investment projects; have the capability and experience in developing projects;
- Other conditions as per the property auction law.
Individuals participating in the auction of land use rights must meet the following conditions:
- Subject to being allocated land or leased land by the state as per Article 119 and Article 120 of the Land Law 2024;- Conditions specified by the property auction law.
What are the regulations on issuing land use rights certificates and allocating land on site for auction winners in Vietnam?
Based on the provisions of Article 14 of the Joint Circular 14/2015/TTLT-BTNMT-BTP, the issuance of land use rights certificates and land handover on site for auction winners follows the process:
- After receiving the auction winner's proof of full payment for land use rights auction, the natural resources and environment agency submits to the competent People's Committee for issuing the Land Use Rights Certificate, house ownership, and other assets attached to the land.
- Signing a land lease contract for cases of land lease as stipulated at point d, Clause 5, Article 68 of Decree 43/2014/ND-CP.
- Within no more than 5 working days from the date the competent People's Committee issues the Land Use Rights Certificate, house ownership, and other assets attached to auctioned land.
- The natural resources and environment agency, in collaboration with the organization conducting the land use rights auction and the commune-level People's Committee where the auctioned land is located, organizes the handover of the land on site and the issuance of the Land Use Rights Certificate, house ownership, and other assets attached to auctioned land to the winning organization or individual.
- Directs relevant units to update and revise the cadastral database and cadastral records according to current regulations.
The Land Law 2024 takes effect from January 1, 2025. However, Articles 190 and 248 of the Land Law 2024 take effect from April 1, 2024.
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