Land auction is an activity organized by a competent state agency in order to raise capital for the implementation of public projects in the locality where the land is auctioned. So about the matter “Procedures after winning land auction in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is a land auction?
Auctioned land means land areas that are publicly auctioned for land use rights by the People’s Committees of districts or higher. The main purpose of a land auction is to raise funds for public projects (construction or renovation projects) in the locality where the auctioned land is located.
The land auction will be organized by the competent authority. During the auction process, the person who bid the highest is the auction winner. The President of the People’s Committee will issue a decision on winning the land auction. After someone wins the land auction, there will be a change in the user of that land and this land user needs to register the land change, also known as the red book transfer.
What are the regulations on granting land use right certificates to auction winners?
Regulations on granting land use right certificates to auction winners are as follows:
1. After receiving the full payment voucher of the auction winner’s land use right, the natural resources and environment agency shall submit it to the competent People’s Committee for issuance of a land use right certificate. ownership of houses and other land-attached assets; sign a land lease contract for the case of land lease as prescribed in Point d Clause 5 Article 68 of the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 detailing the implementation of a number of articles of the Government’s Decree No. of the Land Law.
2. Within 05 working days from the date the People’s Committee of the competent level issues the Certificate of land use rights and ownership of houses and other properties attached to the land at auction, the agency Natural resources and environment shall assume the prime responsibility for, and coordinate with the unit organizing the auction of land use rights, and the People’s Committee of the commune, ward or township where the auctioned land is located, and organize the actual handover of the land. and award certificates of land use rights and ownership of houses and other land-attached assets to organizations and individuals that have won the auction of land use rights; direct relevant units to update and correct the cadastral database and cadastral records according to current regulations.”
What are the documents required for carrying out procedures after winning the land auction?
The auction winner prepares a valid set of documents including:
– Application for registration of land change, (currently using form 09/DK);
– The original Red Book issued to the winning land plot.
Document of auction results of land use rights at the request of the land user, property owner or at the request of the Court, the judgment enforcement agency is responsible for enforcing the court’s judgment.
In addition, the auction winner must also prepare the following documents:
– A notarized or authenticated copy of the people’s identity card/citizen identity card of the auction winner (still valid);
– A notarized or certified copy of the household registration book or other documents proving the residence of the auction winner.
Procedures after winning land auction in Vietnam
According to the provisions of Article 84 of Decree 43/2014/ND-CP and Circular 24/2014/TT-BTNMT stipulating the procedures for transferring the winning land title at auction. Accordingly, the transfer of the land title winning the auction is done as follows:
Step 1: Auction winners prepare documents
The auction winner prepares a valid set of documents. After that, the Auction Winner submits a valid application to the Land Registration Office/Branch of the Land Registration Office where the land is located.
Step 2: Receive and process documents
The branch of the land registration office or the land registration office is responsible for receiving the dossier. If the application is valid, it will receive and perform the following tasks:
– Extract cadastral measurement of the land plot.
– Send information about the land plot to the tax office for tax and fee calculation as prescribed by law. The auction winner is obliged to fully pay taxes and fees within the time limit (according to the notice) received from the tax authority;
– Submit to the competent State agency for issuance of a new Certificate at the request of the auction winner.
– Update and correct changes in information in the land database, cadastral records and return the Certificate to the auction winner.
Step 3: Get the result
The auction winner receives a Red Book with his/her name recorded.
Conclusion: The procedure for transferring the title of winning land at auction is done according to the steps that we have answered and guided above.
What are the taxes and fees payable when carrying out procedures after winning the land auction?
– Land use levy: In Clause 1, Article 2 of Decree 135/2016/ND-CP stipulating land use levy in case of winning the auction. Accordingly, economic organizations, households and individuals that are allocated land by the State with the collection of land use levy through an auction of land use rights, the payable land use levy shall be the auction winning amount.
– Registration fee: According to Clause 1, Article 4 of Circular 13/2022/TT-BTC and Circular 17/VBHN-BTC, Circular guiding the registration fee stipulates that the land registration fee rate is 0. 5% calculated on the land price list issued by the provincial People’s Committee (at the time of registration fee declaration and payment)
– Other fees and charges for issuance of Red Book for the auction winning land
+ Certificate issuance fee
+ Other fees, if any, include: cadastral mapping fee; fees for appraisal and grant of land use rights, etc.
Currently, Circular 85/2019/TT-BTC stipulates that the rate of collection for these fees is decided by the Provincial People’s Council on the basis of the actual situation of the locality.
Thus, when transferring the land title to win the auction, the land user must bear the taxes and fees that we have described above.
How long does it take to pay land use levy after winning the land use right auction?
In Clause 4, Article 18 of Decree 126/2020/ND-CP dated October 19, 2020 of the Government detailing a number of articles of the Law on Tax Administration
“Article 18. Tax payment deadlines for state budget revenues from land, fees for granting the right to exploit water and mineral resources, fees for the use of marine areas, registration fees, and sport fees post
…4. Land use fees
a) Within 30 days from the date of issuance of the notice of land use levy payment, the land user must pay 50% of the land use levy according to the notice.
b) Within 90 days from the date of issuance of the notice of land use levy payment, the land user must pay the remaining 50% of the land use levy according to the notice…”
Thus, before organizing the auction of land use rights, the People’s Committees of all levels approve the land use right auction plan on the basis of the approved annual land use plan. The auction winner is obliged to pay land use levy after winning the auction according to the time limit specified in the auction plan or the decision on recognition of the auction results of land use rights.
In case the auction plan or decision on recognition of the auction results of land use rights does not specify the time to pay the auction winning money, the land use levy shall be paid according to regulations.
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Please see more
- Land allocation and land lease through auction under Vietnam law
- What are the levels of land use planning in Vietnam?
- Agricultural land use regime according to Vietnam land law
Frequently asked questions
Under the regulation of the law, the individual winning the auction of land use rights, after fully paying the winning amount, still have to pay a registration fee of 0.5%.
After receiving the voucher of full payment of the auction winner’s land use right, the natural resources and environment agency shall submit it to the People’s Committee of the competent level for issuance of the certificate of land use right.
When there is a decision to recognize the winning result of the auction of land use rights, the auction winner is responsible for paying the land use levy to the State Treasury.
At the same time, transfer the payment documents to the natural resources and environment agency to complete the procedures for signing land lease contracts and granting land use right certificates.
Conclusion: So the above is Procedures after winning land auction in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
