Taking unsanitary land to auction and then forgetting to pay the deposit
Ms. Tran Thi Dung, Director of Thuy Dung Investment and Trading Company Limited (Thuy Dung Company) has many complaints to the People's Committee of Ca Mau province and related sectors, requesting the Bac Lieu Land Fund Development Center to refund more than 3.7 billion VND in deposit to participate in the auction of land use rights in Nha Mat ward, Bac Lieu province (old) now Hiep Thanh ward, Ca Mau province.
Ms. Tran Thi Dung is a person participating in the auction of land use rights at plot No. 09 and plot No. 16, map sheet No. 61, Nha Mat ward, Bac Lieu province since 2020.
The auction of the two above-mentioned plots of land was concluded by the Bac Lieu Provincial Inspectorate as having violated the law due to land auctions when the land had not been cleared.
From the conclusion of the Inspectorate of Bac Lieu province (old), on August 6, 2025, the People's Committee of Ca Mau province issued a decision to cancel all decisions of the People's Committee of Bac Lieu province (old) related to the case such as: decision to approve the auction plan; auction decision; decision to recognize the auction results; decision to cancel the auction results.
The inspection conclusion specifically stated that in 2020, when organizing the auction, Thuy Dung Company paid more than 3.7 billion VND, which is a deposit of 15% of the auction value according to regulations. On July 2, 2020, Ms. Dung paid the above amount. Ms. Dung was the auction winner and the auction results were recognized by the Provincial People's Committee on July 28, 2020.
According to the provisions of Clause 3, Article 8, Circular 48/2017/TTBTC of the Ministry of Finance, no later than 2 working days from the date of the end of the land use rights auction, the Property Auction Organization, the Land Use Rights Auction Council must pay to the state budget for the deposit and interest calculated up to the date of payment (if any) of the auction winner of the land use rights auction. This amount is deducted from the payment obligation of the auction winner for land use rights.
According to the inspection conclusion, the auction organizer did not pay Ms. Dung's deposit to the budget, but it was not until more than 2 years later, specifically on August 17, 2022, that Xuyen A Company (the auction organizer) paid Ms. Dung's deposit to the Bac Lieu Real Estate Fund Development Center so that this unit could pay it to the state budget the next day.
Bac Lieu Land Fund Development Center makes it difficult for businesses
According to the inspection conclusion and decision of the People's Committee of Ca Mau province, the auction of land use rights in the two above-mentioned plots of land is against regulations. Ms. Dung said that of course the deposit must be returned to her. However, the Bac Lieu Land Fund Development Center did not return it, causing difficulties for businesses.
On August 21, the Chairman of the People's Committee of Ca Mau province issued a document assigning the Provincial Land Fund Distribution Center to preside over and coordinate with relevant departments and branches to resolve Ms. Tran Thi Dung's complaint.
Instead of following the direction of the Provincial People's Committee, the Bac Lieu Land Fund Development Center reported to the Provincial People's Committee that Ms. Dung had encroached on public land; resolved this encroachment before and then returned the amount of 3.7 billion VND to Ms. Dung. On September 10, the Chairman of the People's Committee of Ca Mau province issued a document assigning the Inspectorate of Ca Mau province to study the content of the proposal of the Bac Lieu Land Fund Development Center.
After more than 5 years of not receiving a deposit to participate in the auction of land use rights, the Inspection Conclusion clearly stated that the violation belonged to the Bac Lieu Land Fund Development Center. The reason is that this agency must carry out procedures to refund money according to regulations, and at the same time propose to pay with conditions, making it more difficult for businesses.
