Regulations on land allocation and lease through land use rights auction

Reply:

Article 125 of the 2024 Land Law stipulates land allocation and lease through land use rights auctions, as follows:

1. The State allocates land with land use fee collection, leases land with one-time payment for the entire lease term through land use rights auction in the following cases:

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

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

2. Conditions for conducting land use rights auctions include:

a) Land has been recovered and completed compensation, support, resettlement or not required compensation, support, resettlement; in the project area, there is connected traffic infrastructure;

b) Included in the annual district-level land use plan approved for the purpose of land use right auction, except for the case of land use right auction for land specified in Point e, Clause 1, Article 217 of this Law;

c) There is a detailed 1/500 plan established and approved by a competent state agency for housing construction investment projects;

d) There is a land use rights auction plan approved by a competent authority.

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

a) Belonging to the subjects that are allocated land or leased land by the State according to the provisions of Articles 119 and 120 of this Law;

b) Ensure the conditions specified in Article 122 of this Law for cases of land allocation and land lease to implement investment projects; have capacity and experience in project development;

c) Other conditions as prescribed by law on property auction.

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

a) Belonging to the subjects that are allocated land or leased land by the State as prescribed in Articles 119 and 120 of this Law;

b) Conditions as prescribed by law on property auctions.

5. Provincial People's Committees and District People's Committees have the following responsibilities:

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

b) Organize the preparation and implementation of plans for land recovery, compensation, support and resettlement in accordance with the provisions of this Law for auctioning land use rights;

c) Organize the preparation and implementation of land use rights auction plans;

d) Direct the handover of land on site, Certificate of land use rights, and ownership of assets attached to land to the winner of the land use rights auction.

6. Cases of unsuccessful land use rights auction include:

a) Cases of unsuccessful auctions according to the provisions of the Law on Property Auction;

b) The registration deadline has expired but only 01 person has registered to participate in the auction;

c) There are many people registering to participate in the auction but only 1 person participates in the auction or there are many people participating in the auction but only 1 person makes a bid or there are many people making a bid but only 1 person makes a valid bid.

7. The order and procedures for auctioning land use rights shall comply with the provisions of law on property auctions.

8. The Government shall detail this Article.