Below is the guidance on auctioning land use rights of land allocated by the State with land levy payment, leased out by the State in Vietnam.
Guidance on auctioning land use rights of land allocated by the State with land levy payment, leased out by the State in Vietnam (Internet image)
According to Article 55 of Decree 102/2024/ND-CP stipulating the auction of land use rights of land allocated by the State with land levy payment, leased out by the State in Vietnam as follows:
- Organizations participating in the auction of land use rights in Vietnam must meet the following conditions:
+ Ensure the conditions specified in Clause 3, Article 125 of the Land Law 2024;
+ Not be prohibited from participating in auctions according to the provisions of the law;
- Conditions for individuals participating in the auction of land use rights
+ Ensure compliance with the provisions of Clause 4, Article 125 of the Land Law 2024;
+ In cases where individuals participate in the auction of land use rights to implement investment projects, they must commit to establishing an economic organization ensuring the conditions specified in Clause 1, Article 55 of Decree 102/2024/ND-CP. The establishment of economic organizations is carried out according to the provisions of the law on investment, the law on enterprises, the law on bidding, and other related laws.
- Developing a plan for auctioning land use rights
A plan for auctioning land use rights includes the following main contents:
+ Expected time for organizing the auction;
+ Subjects and conditions for participating in the auction;
+ Costs for organizing the auction;
- Appraisal and approval of the plan for auctioning land use rights
- Determining the starting price for auctioning land use rights
- Decision to auction land use rights
+ The agency assigned the task of auctioning land use rights shall prepare the auction dossier and send it to the land management agency, including: the approved plan for auctioning land use rights; the written approval of the starting price of the auction land parcel according to Point c, Clause 1, Article 229 of the Land Law 2024; draft presentation and decision on auctioning land use rights;
+ The land management agency shall check and complete the dossier and submit it to the competent-level People's Committee for approval of the plan for auctioning land use rights stipulated in Clause 4, Article 55 of Decree 102/2024/ND-CP to issue a decision on auctioning land use rights.
- The selection of units and organizations to conduct the auction of land use rights is carried out in accordance with the law on bidding. The procedures for conducting the auction of land use rights are implemented according to Clause 2, Article 229 of the Land Law 2024 and the Law on Asset Auction 2016.
- The recognition of the results of the auction of land use rights is carried out according to Clause 3, Article 229 of the Land Law 2024.
- Paying land levy and land rent after receiving the decision recognizing the winning results of the auction of land use rights
+ Within no more than 5 working days from the date of receiving the decision recognizing the winning results of the auction from the competent-level People's Committee, the tax authority shall send a written notice of paying land levy or land rent to the auction winner in accordance with the law on tax management;
+ The auction winner is responsible for paying the land levy according to the tax authority's notice;
+ From the time of announcing the winning results of the auction, the advance deposit and interest (if any) shall be converted into a deposit to ensure the financial obligations of the land user.
In case the auction winner does not pay or does not fully pay the auction winning amount according to the provision in Point b of this Clause, within 120 days from the date of approval of the auction winning results, the tax authority is responsible for notifying the land management agency to submit to the competent-level People's Committee to cancel the decision recognizing the auction winning results, and the auction winner is not entitled to receive back the deposit. For cases where the auction winner has paid more than the deposit amount, the State shall refund the excess amount compared to the deposit according to regulations;
+ The tax authority shall notify the land management agency about the completion of paying land levy, land rent by the auction winner.
- After receiving the notice from the tax authority about the completion of paying land levy, land rent by the auction winner, the land management agency shall carry out the tasks specified in Clause 5, Article 229 of the Land Law 2024.
- In cases where an individual participates in the auction of land use rights to implement an investment project, the competent state agency shall allocate or lease the land to the economic organization registered by the individual who won the auction for land use rights according to Point b, Clause 2, Article 55 of Decree 102/2024/ND-CP.
When the period for paying land levy or land rent according to Clause 9, Article 55 of Decree 102/2024/ND-CP expires and if the individual who won the auction for land use rights to implement the investment project does not establish the economic organization according to Point b, Clause 2, Article 55 of Decree 102/2024/ND-CP, the land management agency shall submit to the competent-level People's Committee to issue a decision to cancel the decision recognizing the auction winning results. Handling of the deposit amount is carried out according to Point c, Clause 9, Article 55 of Decree 102/2024/ND-CP.
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