Regulations on land allocation and land leasing through auction of land use rights.

Reply:

Article 125 of the 2024 Land Law stipulates the allocation and leasing of land through auction of land use rights as follows:

1. The State allocates land with land use fees, and leases land with a one-time payment for the entire lease period through auction of land use rights in the following cases:

a) Investment projects using land from the land fund stipulated in Clause 1, Article 217 of this Law, except for cases stipulated in Articles 124 and 126 of this Law;

b) Allocating residential land to individuals, except in cases stipulated in Article 124 of this Law.

2. Conditions for conducting an auction of land use rights include:

a) Land has been acquired and compensation, support, and resettlement have been completed, or no compensation, support, and resettlement are required; the project area has already connected transportation infrastructure;

b) Included in the approved annual land use plan at the district level for the purpose of auctioning land use rights, except for the auction of land use rights for land specified in point e, clause 1, Article 217 of this Law;

c) There must be a detailed 1/500 scale plan prepared and approved by a competent state agency for the housing construction investment project;

d) There is a land use right auction plan that has been approved by the competent authority.

3. Organizations participating in the auction of land use rights in the cases specified in Clause 1 of this Article must meet the following conditions:

a) Belonging to the category of entities to whom the State allocates or leases land as stipulated in Articles 119 and 120 of this Law;

b) Ensuring compliance with the conditions stipulated in Article 122 of this Law for land allocation and land lease for investment projects; possessing the capacity and experience in project development;

c) Other conditions as prescribed by law on asset auctions.

4. Individuals participating in the land use rights auction must meet the following conditions:

a) Belonging to the category of entities to whom the State allocates or leases land as stipulated in Articles 119 and 120 of this Law;

b) Conditions as stipulated by law regarding asset auctions.

5. The People's Committees at the provincial and district levels have the following responsibilities:

a) Annually, the plan and list of land plots for auctioning land use rights must be published on the National Land Use Rights Auction Information Portal, the electronic portal of the Provincial People's Committee, and the electronic portal of the District People's Committee;

b) To organize the preparation and implementation of plans for land acquisition, compensation, support, and resettlement in accordance with the provisions of this Law, in order to auction the land use rights;

c) To prepare and implement the plan for auctioning land use rights;

d) Directing the handover of land on-site, the Certificate of Land Use Rights, and the Certificate of Ownership of Assets Attached to Land to the successful bidder for land use rights.

6. Cases where land use rights auctions are unsuccessful include:

a) Cases where the auction is unsuccessful according to the provisions of the Law on Auction of Assets;

b) The registration deadline has passed and only one person has registered to participate in the auction;

c) There are many people registered to participate in the auction but only one person actually participates, or there are many people participating in the auction but only one person submits a bid, or there are many people submitting bids but only one person submits a valid bid.

7. The procedures for auctioning land use rights shall be carried out in accordance with the law on auctioning assets.

8. The Government shall provide detailed regulations for this Article.