Pursuant to Clause 3, Article 116 of the 2024 Land Law, the basis for land lease without auctioning land use rights is stipulated as follows:
3. Pursuant to land allocation, land lease without auctioning land use rights, without bidding to select investors to implement projects using land; allowing change of land use purpose, except for the case specified in Clause 5 of this Article, as follows:
a) For projects listed in Point b, Clause 3, Article 67 of this Law, based on the annual district-level land use plan approved by the competent authority and the investment decision according to the provisions of the law on public investment or the decision approving the investment policy at the same time as the investor approval or the decision approving the investor according to the provisions of the law on investment, the law on housing or the document approving the results of investor selection for the investment project under the public-private partnership method.
b) For projects specified in Clause 4, Article 67 of this Law, based on the investment decision according to the provisions of the law on public investment or the decision approving the investment policy at the same time as the investor's approval or the decision approving the investor according to the provisions of the law on investment, the law on housing or the document approving the investor selection results for the investment project under the public-private partnership method.
Pursuant to Clause 2, Article 26 of Decree 103/2024/ND-CP, the unit price for land rental with annual land rental payment not subject to auction is stipulated as follows:
- In case the land rent is calculated when the State recognizes the right to use land in the form of land lease with one-time payment of land rent for the entire lease term for households and individuals as prescribed in Point h, Clause 1, Article 159 of the Land Law, the land rental price for one-time payment of land rent for the entire lease term is calculated as follows:
Land use term of land price in land price list (according to Government regulations on land price).
- In case of calculating land rent for cases specified in Point b, Point d, Clause 1, Article 160 of the 2024 Land Law, the unit price for land rent paid for land rent once for the entire lease term is the specific land price determined according to the provisions of the Decree on land prices.
