Conditions of organizations participating in land use rights auctions
According to the Decree, organizations participating in the auction of land use rights must meet the following conditions:
1. Ensure the conditions specified in Clause 3, Article 125 of the Land Law.
2. When participating in the auction of a plot of land, a plot of land or a project consisting of one or more plots of land, when participating in the auction of a plot of land or a project consisting of one or more plots of land, it must agreement to send a company from a group of companies to participate in the auction of land use rights.
3. Must pay a deposit equal to 20% of the total value of the land plot or plot of land calculated at the starting price to auction land use rights.
4. Not subject to being banned from participating in the auction according to the provisions of law.
5. Meet the conditions prescribed by the law on housing and the law on real estate business in the case of auctioning land use rights to carry out housing projects and other real estate business projects.
Conditions for individuals participating in land use rights auctions
According to the Decree, individuals participating in the auction of land use rights must meet the following conditions:
1. Ensuring the provisions in Clause 4, Article 125 of the Land Law;
2. In case an individual participates in the auction of land use rights to implement an investment project, he or she must commit to establishing an economic organization that ensures the conditions specified above. The establishment of economic organizations is carried out in accordance with the provisions of investment law, enterprise law, bidding law and other relevant laws.
Prepare a plan for auctioning land use rights
The Decree clearly states that the land use rights auction plan includes the following main contents:
- Location, area, land type, assets attached to land plots and auction land (if any).
- Form of land allocation, land lease, term of use of land plots and land areas when auctioning land use rights.
- Estimated time to organize the auction.
- Subjects and conditions participating in the auction.
- Costs for organizing the auction.
- Estimated starting price, deposit to be paid when participating in the auction and other revenues as prescribed by law.
- Other contents are decided by the competent authority in accordance with the provisions of law and the actual situation of the locality.
Appraisal and approval of land use rights auction plans
According to the Decree, in case of auction of land use rights under the authority of land allocation or land lease of the district-level People's Committee, the agency with land management function at the district level shall check and complete the dossier to submit to the Committee. District-level people approved the plan to auction land use rights.
In case of auction of land use rights under the authority of land allocation or land lease of the Provincial People's Committee, the agency with land management function at the provincial level shall check and complete the dossier to submit to the Provincial People's Committee. Approve the plan to auction land use rights.
Determine the starting price for auctioning land use rights
The Decree clearly states that the unit assigned to organize the auction of land use rights is responsible for preparing documents for the auctioned land plots and land areas.
The dossier includes: information on planning, land use plans and detailed construction planning related to the auctioned land plot approved by a competent state agency; Extract of cadastral map or excerpt of cadastral map measurement of land plot or extract of cadastral measurement of auction land plot in case there is no cadastral map.
The agency with land management function shall determine the starting price according to the provisions of law.
