Cases of land allocation and lease without auction of land use rights

Article 124 of the 2024 Land Law stipulates:

1. Land allocation without land use fee collection as prescribed in Article 118 of this Law, land allocation with land use fee collection as prescribed in Article 119 but exempted from land use fee, land lease as prescribed in Article 120 but exempted from land rent, except in cases where the law on management of the sector or field stipulates that the number of interested investors must be determined.

2. Land allocation and lease to implement projects in cases of land recovery by the State as prescribed in Article 79 of this Law, which fall into one of the following cases:

a) Use public investment capital in accordance with the provisions of law on public investment;

b) Investment projects under the public-private partnership method according to the provisions of law on investment under the public-private partnership method.

3. Land allocation with land use fee collection, land lease in the following cases:

a) Allocating residential land to cadres, civil servants, public employees, active-duty officers, professional soldiers, defense civil servants, defense workers and officials, officers, non-commissioned officers, police workers, people working in cryptography and people working in other cryptography organizations receiving salaries from the state budget who have not been allocated residential land or housing;

b) Allocating residential land to individuals who are teachers and medical staff working in border communes and islands in areas with difficult socio-economic conditions or areas with especially difficult socio-economic conditions but do not have residential land or housing at their workplace or have not enjoyed housing support policies according to the provisions of the law on housing;

c) Allocating residential land to individuals permanently residing in a commune who do not have residential land and have not been allocated residential land by the State or have not enjoyed housing support policies according to the provisions of the law on housing;

d) Allocating residential land to individuals permanently residing in towns in areas with difficult socio-economic conditions or areas with especially difficult socio-economic conditions who do not have residential land and have not been allocated residential land by the State;

d) Leasing land for production and business premises to those who are leased land by the State and pay annual land rent but have to move from the old location due to environmental pollution according to the provisions of law; supporting land leasing to continue production and business in cases of land reclamation for non-agricultural production facilities of current users;

e) Leasing land to individuals who need to use agricultural land area exceeding the allocated limit prescribed in Article 176 of this Law; leasing land to individuals who are ethnic minorities as prescribed in Point d, Clause 2 and Point b, Clause 3, Article 16 of this Law;

g) Land lease for public service units choosing the form of land lease;

h) Land lease to foreign organizations with diplomatic functions to use land to build offices;

i) Land lease to people's armed forces units using land for agricultural, forestry, aquaculture, salt production or agricultural, forestry, aquaculture, salt production combined with national defense and security tasks;

k) Leasing land for mineral exploitation purposes in cases where a license has been granted by a competent state agency;

l) Land allocation and lease to organizations, households, individuals, and people of Vietnamese origin residing abroad due to compensation in land according to the provisions of this Law and other relevant legal provisions, or due to resettlement support according to the provisions of this Law;

m) Allocating and leasing land to land users whose land for production and business purposes is recovered according to the provisions of Articles 78 and 79 of this Law, where at the time of land recovery, the land use term is still valid and the land users have a need to use land at another location to continue production and business;

n) Land allocation and lease for small, narrow, and interspersed plots of land according to Government regulations;

o) Land allocation and lease according to the decision on settlement of land disputes and land complaints of competent authorities that has come into effect;

p) Other cases decided by the Prime Minister.

4. Land users who change land use purposes fall under the cases specified in Article 121 of this Law.

5. Land allocation and lease to implement projects in cases where the State recovers land as prescribed in Article 79 of this Law without using the capital prescribed in Clause 2 of this Article in case there are interested investors but only one investor meets the conditions for inviting interest in the project, the number of interested investors must be determined according to the provisions of the law on bidding and the law on management of sectors and fields.

6. In case the land is put up for auction for land use rights twice unsuccessfully, it falls under the provisions of Point b, Clause 6, Article 125 of this Law or there are no participants. The time for land allocation and land lease in this case shall only be implemented within 12 months from the date of the second unsuccessful auction.

7. Foreign-invested economic organizations receive real estate project transfers in accordance with the provisions of law on real estate business.

8. The Government shall provide detailed regulations on land allocation and land lease for the cases specified in this Article.

PV