LAND ALLOCATION AND LAND LEASE NOT THROUGH AUCTION

LAND ALLOCATION AND LAND LEASE NOT THROUGH AUCTION

Legal basis

- Land Law 2013.

- Housing Law 2014.

- Real estate business law 2014.

- Auction Law 2016.

- Investment Law 2020.

- Bidding Law 2023.

A. Cases where the State allocates or leases land without auctioning land use rights

Clause 2, Article 118 of the 2013 Land Law stipulates that when the State allocates or leases land in the following cases, land use rights will not be auctioned:

a) Allocating land without collecting land use fees;

b) Use land that is exempt from land use fees and land rents specified in Article 110 of this Law;

c) Land use specified in Points b and g, Clause 1 and Clause 2, Article 56 of this Law;

d) Using land for mineral activities;

d) Using land to implement investment projects to build resettlement housing, social housing and official housing;

e) Allocating residential land to officials, civil servants and public employees who move to work according to the transfer decision of the competent authority;

g) Allocating residential land to households and individuals with permanent residence in the commune who do not have residential land and have not been allocated residential land by the State;

h) Allocating residential land to households and individuals with permanent residence in towns in areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions that do not have land live and have not been allocated residential land by the State;

i) Other cases decided by the Prime Minister.

B. Procedures for land allocation and land lease without auction

Documents need to be prepared

According to Article 3; Article 4 of Circular 30/2014/TT-BTNMT is amended and supplemented by Circular 11/2022/TT-BTNMT, in case of land allocation or land lease under the jurisdiction of the Provincial People's Committee, the person applying for land allocation , renting land requires preparing the following documents:

• For projects that must be submitted to a competent state agency for approval or an investment certificate must be issued, the documents include:

Application for land allocation or land lease;

Copy of investment certificate or investment approval document accompanied by a description of the investment project.

Document assessing land use needs; Appraisal of land allocation and land lease conditions established when granting investment certificates or appraising investment projects or project approvals.

Extract the cadastral map of the land plot or extract the cadastral measurement of the land plot.

• For projects that do not have to be submitted to a competent state agency for approval; No investment certificate required; You do not have to set up a construction investment project, the documents include:

Application for land allocation or land lease;

Extract the cadastral map of the land plot or extract the cadastral measurement of the land plot

A copy of the investment project explanation for projects that do not have to be submitted to a competent state agency for approval or projects that do not require an investment certificate;

Copy of economic-technical report for cases where construction investment projects are not required.

In case of applying for land allocation to a religious facility, there must be an economic and technical report on the construction of religious works.

Implementation steps

Pursuant to the provisions of Clause 3, Article 68 of Decree 43/2014/ND-CP, procedures for land allocation and land lease without auction are carried out as follows:

Step 1. Submit application at the Department of Natural Resources and Environment/Division of Natural Resources and Environment where the land is located.

Step 2. Enter profile

In case an incomplete or invalid application is received, within no more than 03 working days, the agency receiving and processing the application must notify and instruct the applicant to supplement and complete the application according to regulations.

Step 3. Resolve the request

Department of Natural Resources and Environment/Division of Natural Resources and Environment performs the following tasks:

- Guide applicants for land allocation or land lease to fulfill financial obligations; People who are allocated land in the form of land allocation with collection of land use fees pay land use fees, and those who rent land pay land rent.

- Submit to the Provincial/District People's Committee for decision on land allocation and land lease; Sign a land lease contract in case of land lease;

- Submit to the Provincial/District People's Committee for a Certificate of land use rights, ownership of housing and other assets attached to land;

- Department of Natural Resources and Environment/Division of Natural Resources and Environment directs updating and adjusting land database and cadastral records.

Step 4. Return results

The results of the procedure include:

- Decision on land allocation (in case of land allocation);

- Land lease decision, land lease contract (in case of land lease).

After the decision to allocate or lease land, the Department of Natural Resources and Environment/Division of Natural Resources and Environment organizes land allocation on the ground and gives the Certificate of land use rights, ownership of houses and other assets attached to land to the recipient. land allocation, land lease.

Resolution deadline

- No more than 20 days from the date of receipt of valid documents (excluding time for site clearance and time for fulfilling financial obligations of the land user).

- No more than 30 days for mountainous communes, islands, remote areas, and areas with difficult socio-economic conditions.

LS. NGUYEN HOANG LONG

LAND ALLOCATION AND LAND LEASE NOT THROUGH AUCTION

Practices

Team of Lawyer

Some new regulations on criminal proceedings

Discussing the postponement of execution of prison sentences according to the provisions ...

Provincial courts officially have the authority to review and re-trial cases from July 1

Right to start to sue belong to owner can buy in debt in fit copper purchase permission ...

Some issues with deposits and problems

Jurisdiction of the Military Court

LAND ALLOCATION AND LAND LEASE NOT THROUGH AUCTION

Practices

Team of Lawyer

Some new regulations on criminal proceedings

Discussing the postponement of execution of prison sentences according to the provisions ...

Provincial courts officially have the authority to review and re-trial cases from July 1

Right to start to sue belong to owner can buy in debt in fit copper purchase permission ...

Some issues with deposits and problems

Jurisdiction of the Military Court

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