Procedures for land allocation and lease without auction of land use rights

Reply:

Article 228 of the 2024 Land Law stipulates the procedures for land allocation and land lease in cases of land allocation and land lease without auction of land use rights, without bidding to select investors to implement projects using land, and cases of land allocation and land lease through bidding to select investors to implement projects using land, as follows:

In cases where the State allocates or leases land according to the provisions of Articles 124 and 126 of this Law, the following procedures shall apply:

1. Organizations and individuals submit applications for land allocation and land lease;

2. The competent land management agency has the following responsibilities:

a) Review and check records, organize measurements and extracts; in case organizations and individuals requesting land allocation or land lease are missing relevant documents, provide guidance on supplementing documents;

b) In case of applying land prices in the land price list to calculate land use fees and land rent, the competent land management agency shall prepare a dossier and submit it to the People's Committee at the competent level to issue a decision on land allocation and land lease and submit it for signing the Certificate of land use rights and ownership of assets attached to the land;

c) In the case of determining specific land prices to calculate land use fees and land rents, the competent land management agency shall prepare a dossier and submit it to the People's Committee at the competent level to issue a decision on land allocation and land lease; organize the determination of land prices, submit them to the competent authority for approval of land prices to calculate land use fees and land rents, and submit them for signing the Certificate of land use rights and ownership of assets attached to land;

3. Land users shall pay land use fees and land rents in accordance with the provisions of law; in cases where land use fees and land rents are reduced, the land use fee and land rent collection agency shall reduce the land use fees and land rents for land users;

4. The competent land management agency shall transfer the dossier to the land registration organization or a branch of the land registration organization to update and correct the land database and cadastral records; sign a land lease contract in cases where the State leases land; organize the handover of land on site and grant the Certificate of land use rights and ownership of assets attached to land to the land user.

GH