Auction is a popular form of land leasing today. Auctions are opened regularly and in compliance with relevant laws. So about the matter “Land allocation and land lease through auction under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
Conditions of the person who is allocated or leased land by the State through auction of land use rights
Clause 3, Article 58 of the 2013 Land Law stipulates that the conditions of people who are leased land by the State through land use right auction are:
“3. A person who is allocated, leased or permitted by the State to change the land use purpose to implement an investment project must meet the following conditions:
a) Having financial capacity to ensure the use of land according to the progress of the investment project;
b) Deposit as prescribed by law on investment;
c) Do not violate the provisions of the law on land for the case of using land allocated or leased by the State to implement other investment projects.”
According to the law, an object that is leased land by the State through an auction of land use rights must satisfy the following conditions and win the auction to be leased land by the State:
+ Having full civil act capacity and civil legal capacity;
+ Having financial capacity to secure the land use;
+ Deposit as prescribed by law;
+ Not violating the provisions of the law on land for the case of being using land allocated or leased by the State to implement other investment projects;
+ Other conditions as prescribed by the law on land prices.
Land allocation and land lease through auction under Vietnam law
Clause 5, Article 68 of Decree 43/2014/ND-CP guiding the implementation of the land law stipulating the order in which the State leases land through auction of land use rights is:
Step 1: Based on the district’s annual land use plan approved by a competent state agency, the natural resources and environment agency directs the formulation of a land use right auction plan and submits it to the People’s Committee of the province approved by people of the same level;
Step 2: The organization selected to conduct the auction according to the approved land use right auction plan shall organize an auction of land use rights;
Step 3: Competent People’s Committees shall issue decisions on recognition of auction winning results;
Step 4: After the auction winner has fulfilled his financial obligations, the natural resources and environment agency shall submit it to the competent authority for a Certificate and sign a land lease contract in the case of land lease; organize the allocation of land in the field and award the Certificate; directing the updating and correction of land databases and cadastral records.
In case the auction winner fails to pay enough money as required, the natural resources and environment agency shall request the competent People’s Committee to cancel the decision on recognition of the auction winning result.
Forms of land allocation, land lease through auction, bidding
Land allocation and land lease shall be carried out mainly through auction of land use rights and bidding for projects using land.
(Compared to the provisions of Article 118 of the Land Law 2013 on the auction and non-auction of land use rights as follows:
+ The State allocates land with collection of land use levy or leases land in the form of land use right auction in the following cases:
+ Investing in the construction of houses for sale or for lease or for lease-purchase;
+ Investment in construction of infrastructure for transfer or lease;
+ Use the land fund to create capital for infrastructure construction investment;
+ Commercial and service land use; land for non-agricultural production establishments;
+ To lease land belonging to the agricultural land fund and use it for public purposes for agricultural production, forestry, aquaculture, and salt production;
+ Allocating or leasing land with respect to land recovered by the State due to the rearrangement or handling of working offices, non-business establishments, production and business establishments in which assets attached to the land are owned. government;
+ Allocate residential land in urban areas and rural areas to households and individuals;
+ Land allocation or land lease for cases where land use levy or land rent is reduced.
+ Cases in which land use rights are not auctioned when the State allocates or leases land:
+ Land allocation without land use levy;
+ Using land exempted from land use levy and land rent as prescribed in Article 110 of the 2013 Land Law;
+ Use of land specified at Points b, g, Clause 1 and 2, Article 56 of the 2013 Land Law;
+ Using land for mineral activities;
+ Using land to implement investment projects on construction of resettlement houses, social houses and official-duty houses;
+ Allocate residential land to cadres, civil servants and public employees who move to work places according to the dispatching decisions of competent agencies;
+ Allocating residential land to households and individuals who have permanent residence in the commune but do not have residential land and have not been allocated residential land by the State;
+ Allocating residential land to households and individuals with permanent household registration in townships located in areas with difficult socio-economic conditions or areas with extremely difficult socio-economic conditions but do not have residential land. and has not been allocated residential land by the State;
+ Other cases decided by the Prime Minister.)
+ Next, specific regulations on auction of land use rights, bidding for projects using land;
+ Limit and strictly regulate the cases of land allocation, land lease without auction of land use rights, bidding for projects using land;
+ Ensure publicity, transparency, and have a synchronous and specific mechanism to deal with violations of regulations on land allocation and land lease, especially related to auction of land use rights and bidding for projects involving land use rights. land use.
+ Basically implement the form of land lease with annual payment and specify the cases of one-time payment of land rent, suitable to the nature and purpose of land use, ensuring a stable source of income and avoiding loss of income. out of the state budget.
Regulations on land allocation and land lease for religious organizations
– The State shall allocate land with a limit without collection of land use levy for land used as worship facilities and offices of religious organizations.
Religious organizations that use land for other purposes must pay land rent to the State in accordance with law.
– Regulations on conditions for land allocation, land lease, and usage limits for religious organizations in accordance with the existing land fund of the locality.
Change the purpose of land use
– Strengthen the management and strictly control the change of land use purpose, especially rice land, protection forest land, special-use forest land, production forest land which is natural forest, land of enterprises. State-owned enterprises divest, equitize and land for multi-purpose use.
– Strengthening decentralization and decentralization of power along with inspection and supervision, and speeding up reform of administrative procedures in land use purpose change.
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Frequently asked questions
Clause 5, Article 68 of Decree 43/2014/ND-CP guiding the implementation of the land law stipulating the order in which the State leases land through auction of land use rights is:
Step 1: Based on the district’s annual land use plan approved by a competent state agency, the natural resources and environment agency directs the formulation of a land use right auction plan and submits it to the People’s Committee of the province. approved by people of the same level;
Step 2: The organization selected to conduct the auction according to the approved land use right auction plan shall organize an auction of land use rights;
Step 3: Competent People’s Committees shall issue decisions on recognition of auction winning results;
Step 4: After the auction winner has fulfilled his financial obligations, the natural resources and environment agency shall submit it to the competent authority for a Certificate and sign a land lease contract in the case of land lease; organize the allocation of land in the field and award the Certificate; directing the updating and correction of land databases and cadastral records.
In case the auction winner fails to pay enough money as required, the natural resources and environment agency shall request the competent People’s Committee to cancel the decision on recognition of the auction winning result.
The State shall allocate land with a limit without collection of land use levy for land used as worship facilities and offices of religious organizations.
Religious organizations that use land for other purposes must pay land rent to the State in accordance with law.
Regulations on conditions for land allocation, land lease, and usage limits for religious organizations in accordance with the existing land fund of the locality.
Clause 3, Article 58 of the 2013 Land Law stipulates that the conditions of people who are leased land by the State through land use right auction are:
“3. A person who is allocated, leased or permitted by the State to change the land use purpose to implement an investment project must meet the following conditions:
a) Having financial capacity to ensure the use of land according to the progress of the investment project;
b) Deposit as prescribed by law on investment;
c) Do not violate the provisions of the law on land for the case of using land allocated or leased by the State to implement other investment projects.”
According to the law, an object that is leased land by the State through an auction of land use rights must satisfy the following conditions and win the auction to be leased land by the State:
Having full civil act capacity and civil legal capacity;
Having financial capacity to secure the land use;
Deposit as prescribed by law;
Not violating the provisions of the law on land in case the land is currently using land allocated or leased by the State for the implementation of other investment projects;
Other conditions as prescribed by the law on land prices.
Conclusion: So the above is Land allocation and land lease through auction under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
