Regulations on procedures for land allocation and lease through land use rights auction

Reply:

Article 229 of the 2024 Land Law stipulates the procedures for land allocation and land lease through land use rights auction as follows:

1. Preparation for organizing the auction of land use rights is carried out as follows:

a) The unit assigned to manage the land fund shall prepare a plan for auctioning land use rights and submit it to the competent authority for approval;

b) The unit assigned to organize the auction of land use rights is responsible for preparing the dossier of the land plot and land lot to be auctioned and sending it to the competent land management agency to submit to the People's Committee at the competent level to decide on the auction of land use rights;

c) The competent land management agency shall organize the determination of the starting price of the land plot or land lot to be auctioned and submit it to the People's Committee at the competent level for approval;

d) Based on the proposal of the competent land management agency, the People's Committee at the competent level decides to auction land use rights;

d) The unit assigned to organize the auction of land use rights is responsible for organizing the selection and signing a contract to hire the unit and organization to conduct the auction of land use rights.

2. The unit or organization conducting the land use rights auction is responsible for conducting the land use rights auction in accordance with the provisions of law on property auctions.

3. The recognition of land use rights auction results is carried out as follows:

a) The unit assigned to organize the auction of land use rights shall prepare a dossier and send it to the competent land management agency to submit to the People's Committee at the competent level to issue a decision recognizing the results of the auction of land use rights;

b) The People's Committee at the competent level shall sign and issue a decision recognizing the results of the successful auction of land use rights to send to the competent land management agency, the unit assigned to organize the auction of land use rights, the tax authority and the auction winner of land use rights.

4. The auction winner shall pay land use fees and land rent according to the provisions of law.

5. After the auction winner completes the payment of land use fees and land rent, the competent land management agency is responsible for:

a) Submit to the People's Committee of competent authority to issue decisions on land allocation, land lease and sign the Certificate of land use rights and ownership of assets attached to land;

b) Transfer the dossier to the land registration organization or branch of the land registration organization to update and correct the land database and cadastral records according to regulations;

c) Sign a land lease contract in case of land lease.

6. The competent land management agency shall preside over and coordinate with the unit organizing the auction of land use rights and the People's Committee of the commune where the land is located to organize the handover of land on the field and grant the Certificate of land use rights and ownership of assets attached to the land to the winner of the auction of land use rights.

GH