From June 13, 2022, the land fund of the People's Committees of communes, wards and townships in Hanoi used for auction of land use rights will be divided into 2 types?
Amending and supplementing regulations on land fund used for auction in Hanoi?
Pursuant to Clause 1, Article 1 of Decision 24/2022/QD-UBND in 2022 of the Hanoi People's Committee, amending and supplementing Clause 3, Article 5 of Decision 27/2020/QD-UBND in 2020 of the People's Committee of Hanoi. Hanoi residents are as follows:
“Article 1. Amending and supplementing a number of articles of the Regulation issued together with the Decision No. 27/2020/QD-UBND dated November 18, 2020 of the City People's Committee, regulating the auction of land use rights to land allocation or land lease in Hanoi city, as follows:
1. To amend and supplement Clause 3, Article 5 (Land fund used for land use right auction) as follows:
3. Land managed by the People's Committees of communes, wards, townships or land fund development organizations, but not yet allocated or leased by the State for use in accordance with law.
a) For agricultural land used for public purposes as prescribed in Clause 3, Article 132 of the Land Law: The district-level People's Committee shall organize an auction for agricultural use with a term of 5 years.
b) For riverside alluvial land: Auction of land use rights according to regulations, with land use purpose determined according to approved investment project and construction planning, land use planning, relevant specialized planning”.
From June 13, 2022, the land fund of the People's Committees of communes, wards and townships in Hanoi used for auction of land use rights will be divided into 2 types?
How is the land fund used to auction land use rights in Hanoi in the near future regulated?
With the above amendments and supplements, the land fund used for auction of land use rights in the near future in Hanoi is specified in Article 5 of Decision 27/2020/QD-UBND 2020 of the People's Committee of Vietnam. Hanoi residents are as follows:
“Article 5. Land fund used for auction of land use rights
The land fund used for the auction of land use rights is the land fund specified in Article 4 of the Joint Circular No. 14/2015/TTLT-BTNMT-BTP dated April 4, 2015 of the Minister of Natural Resources and Environment. and the Minister of Justice shall prescribe the organization of auction of land use rights for land allocation with collection of land use levy or for land lease, including:
1. Land recovered by the State for socio-economic development for national and public interests as prescribed in Article 62 of the Land Law; recovered due to violations of the law on land according to the provisions of Clause 1, Article 64 of the Land Law; recover due to termination of land use according to law, voluntarily return the land as prescribed at Points a, b, c and d, Clause 1, Article 65 of the Land Law;
2. Land recovered by the State due to the rearrangement and handling of working offices, non-business establishments, production and business establishments whose properties attached to land are owned by the State; 3. Land managed by the People's Committees of communes, wards, townships or land fund development organizations, but not yet allocated or leased by the State for use in accordance with law. a) For agricultural land used for public purposes as prescribed in Clause 3, Article 132 of the Land Law: The district-level People's Committee shall organize an auction for agricultural use with a term of 5 years. b) For riverside alluvial land: Auction of land use rights according to regulations, with land use purpose determined according to approved investment project and construction planning, land use planning, relevant specialized planning 4. Land assigned to manage by organizations as prescribed at Points b and c, Clause 1, Article 8 of the Land Law and allocated or leased by competent state agencies for use in accordance with law .”
Thus, the land fund for auction of land use rights in Hanoi city in the near future will be implemented in accordance with this regulation.
Which cases will be auctioned land use rights in Hanoi?
Pursuant to Article 6 of Decision 27/2020/QD-UBND in 2020 of the Hanoi People's Committee, which stipulates as follows:
“Article 6. Land use right auction cases
1. The State auctions land use rights to allocate land with collection of land use levy or lease land in the cases specified in Clause 1, Article 118 of the Land Law.
2. The auction of land use rights is carried out for each land plot. The land plot put up for auction of land use rights according to the provisions of Clause 1 of this Article must have 02 people registering to participate in the auction, 02 people participating in the auction and 02 bidders or more.
3. In case of putting up for auction many land plots in the same batch, the provisions of Clause 2 of this Article shall be complied with.
4. In case the land parcel is put up for auction of land use rights as prescribed in Clause 1 of this Article but there is no person registering to participate in the auction or only one person registering to participate in the auction or only one person participating in the auction. auction or only one person bid or auctioned at least 02 times but failed, the State shall perform the land allocation or land lease without having to auction land use rights.”
Thus, the auction of land use rights will be carried out in accordance with the above provisions.
Decision 24/2022/QD-UBND of the Hanoi People's Committee will take effect from June 13, 2022.
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