Is it permissible to use land for mining activities for auction in Vietnam?

Is it permissible to use land for mining activities for auction in Vietnam?

Pursuant to Clause 2 Article 118 of the Law on Land in 2013, cases not subject to auction of land use rights upon land allocation and land lease by the State:

- Land allocation without land use levy;

- Use of land for which land use levy or land rental is exempted as prescribed in Article 110 of this Law;

- Use of land as prescribed at Points b and g, Clause 1, and in Clause 2, Article 56 of this Law;

- Use of land for mining activities;

- Use of land for implementation of projects on construction of resettlement housing, social housing or public-duty housing;

- Land allocation to cadres, civil servants and public employees who change offices under transfer decisions of competent agencies;

- Allocation of residential land to households or individuals that have permanent residence status books in a commune but have no residential land and have not been allocated residential land by the State;

- Allocation of residential and to households of individuate that have permanent residence status books in a township in an area with difficult socio-economic conditions or with especially difficult socio-economic conditions but have no residential land and have not been allocated residential land by the State;

- Other cases as decided by the Prime Minister.

As regulations above, if the land is allocated or lease by the State for mining activities, it shall not be subject to auction of land use rights.

What are conditions for holding an auction of land use rights in Vietnam?

Pursuant to Clause 1 Article 119 of the Law on Land in 2013, conditions for holding an auction of land use rights upon land allocation or land lease by the State:

- The annual district-level land use plan approved by a competent state agency is available;

- The land has been cleared or is land with attached assets owned by the State;

- The plan for holding the auction of land use rights approved by a competent state agency is available.

Best regards!