In which cases are land use rights auctioned?
Youme Law Firm LLC replied: Article 125 of the 2024 Land Law stipulates that 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:
Investment projects using land from land funds managed by State agencies and organizations are land that has not been allocated, leased or has been allocated land for management as prescribed in Clause 1, Article 217 of the Land Law, except for the cases prescribed in Articles 124 and 126 of this Law.
Including: Land used for public purposes; land of rivers, streams, canals, ditches, streams, ponds, lakes, lagoons, estuaries; land for cemeteries, funeral homes, crematoriums; land for facilities storing ashes; land with specialized water surface; land for special-use forests, protective forests, production forests; land recovered by the State and assigned to land fund development organizations for management;
Land recovered by the State and assigned to the People's Committee of the commune for management in the cases specified in Point d Clause 1 and Clause 3 Article 82; Clause 2 Article 82 in rural areas; Clause 5 Article 86; Point e Clause 2 Article 181 of this Law;
Land re-allocation and transfer of land use rights of foreign organizations with diplomatic functions when there is no need to use the land is carried out on the basis of international treaties, international agreements and relevant legal provisions;
Agricultural land used for public purposes of communes, wards and towns;
Unused land.
Granting residential land to individuals except in cases specified in Article 124 of this Law.
Conditions for organizing and participating in land auctions
Clause 2, Article 125 of the Land Law stipulates the conditions for conducting land use rights auctions, including:
Land has been recovered and completed compensation, support, resettlement or no compensation, support, resettlement; in the project area, there is connected traffic infrastructure;
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 recovered by the State and assigned to a land fund development organization for management; as prescribed in Point e, Clause 1, Article 217 of the Land Law;
There is a detailed 1/500 plan established and approved by a competent state agency for housing construction investment projects;
There is a land use rights auction plan approved by the competent authority.
Conditions for participating in land use rights auctions are stipulated in Clause 2, Article 125 of the Land Law as follows:
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