Guidance on issuing land use right certificate and allocating land to auction winner in Vietnam

Guidance on issuing land use right certificate and allocating land to auction winner in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Guidance on issuing land use right certificate and allocating land to auction winner in Vietnam

Guidance on granting land use right certificates and allocating land in the field to land use right auction winners according to Article 14 of Joint Circular 14/2015/TTLT-BTNMT-BTP as follows:

-  After receiving documentary evidence on full payment of amount of successful bid from the successful bidder, the natural resources and environment authority shall request the competent People’s Committee to issue land use right certificate; and sign contract for land lease as prescribed in Point d Clause 5 Article 68 of Decree 43/2014/ND-CP

- Within 05 working days from the date on which the competent People’s Committee issues land use right certificate:

The natural resources and environment authority shall cooperate with the auction authority and the People’s Committee of commune, ward or town where the auctioned land plot is located in transferring land plot and issuing land use right certificate to the auction winner; and direct relevant units to update and modify database on cadastral as prescribed.

2. Regulations on payment of land levies and land rents upon recognition of successful bid in Vietnam

Regulations on payment of land levies and land rents upon recognition of successful bid in Vietnam according to Article 13 of Joint Circular 14/2015/TTLT-BTNMT-BTP are as follows:

- Within 05 working days, from the date on which the recognition of successful bid is received from the competent People’s Committee, tax authority shall send a notification of payment of land levies or land rents in writing to the successful bidder.

- The notification of payment of land levies or land rests shall contain:

+ Amount of land levies or land rents payable and method, location and deadline for payment according to the auction result recognized by the competent People’s Committee;

+ Name, address and number of account at State Treasury for payment;

+ Deadline for payment;

+ Deadline for transfer documentary evidence on payment of land levies or land rents to the natural resources and environment authority.

- The successful bidder shall pay land levies into State Treasury and transfer documentary evidence on payment to the natural resources and environment authority for contract for land lease and Certificate of rights to use land, ownership of land and property on land as prescribed.

3. Regulations on approving auction results of land use rights in Vietnam

Regulations on approving auction results of land use rights under Article 12 of Joint Circular 14/2015/TTLT-BTNMT-BTP are as follows:

- Within 05 working days, from the date on which the documents and report on auction results are transferred from the auctioneering organization, the auction authority shall send documents to the competent People’s Committee. The competent People’s Committee shall issue the recognition of successful bid.

- Documents on request for recognition of successful bid include:

+ A draft recognition of successful bid;

+ Decision on auction issued by competent People’s Committee;

+ Documents on auctioned land plot(s);

+ Contract for hiring auctioneering organization;

+ Report on organization of auction and report on successful bid.

- The competent People’s Committee shall promulgate the recognition of successful bid and send it to the natural resources and environment authority, auction authority, tax authority and the successful bidder. A draft recognition of successful bid shall contain:

+ Legal basis for decision;

+ Location, area, purposes, method, land use term, infrastructure, and property on auctioned land plot(s) (if any);

+ Name and address of the successful bidder;

+ Amount of money equivalent to the successful bid and infrastructure, property on land (if any); method, location and deadline for payment of amount of successful bid;

+ Authority in charge of signing the contract for land lease and issuing Certificate of rights to use land, ownership of land and property on land (hereinafter referred to as land use right certificate) for the auctioned land plot;

+ Responsibility of relevant agencies and units.

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