Pursuant to Article 229 of the 2024 Land Law, the procedures for land allocation and lease through land use rights auctions are specifically as follows:
(1) Preparation for organizing the auction of land use rights is carried out as follows:
- The unit being assigned to manage the land fund shall prepare a plan for auctioning land use rights and submit it to the competent authority for approval.
- The assigned unit shall organize the auction of land use rights responsible for preparing the dossiers of the land and land parcel, and send it to the agency with the function of land management to submit to the competent People's Committee to decide on the auction of land use rights.
- The competent land management agency shall organize the determination of the starting price of the auctioned land plot and plot and submit it to the People's Committee at the competent level for approval.
- Based on the proposal of the competent land management agency, the People's Committee at the competent level decides to auction land use rights.
- The unit assigned to organize the auction of land use rights is responsible for organizing the selection and signing of a unit lease contract, organizing the auction of land use rights.
(2) Units and organizations implementing land use rights auctions are responsible for implementing land use rights auctions in accordance with the provisions of the law on property auctions.
(3) The recognition of the results of the land use rights auction is carried out as follows:
- The unit assigned to organize the auction of land use rights shall prepare a dossier and send it to the competent land management agency to submit to the People's Committee at the competent level to issue a decision to recognize the auction results of land use rights.
- The People's Committee of the competent authority signs the decision to recognize the winning results of the land use rights that have been successfully auctioned to send to the agency with the function of land management, the assigned unit organized the auction of land use rights, tax authorities and winners of land use rights.
(4) The auction winner pays land use fees and land rents according to the provisions of law.
(5) After the auction winner completes the payment of land use fees and land rents, the competent land management agency is responsible for:
- Submit to the People's Committee at the competent level to issue a decision on land allocation, land lease and sign a Certificate of land use rights and ownership of assets attached to land.
- Transfer the dossier to the land registration organization or a branch of the land registration organization to update and edit the land database and cadastral records according to regulations.
- Signing a land lease contract in case of land lease.
(6) The agency with the function of land management shall assume the prime responsibility for, and coordinate with the organizer of the auction of land use rights and the People's Committee of the commune where the land is organized to hand over land in the field and award the land use right certificate, ownership of assets attached to land to the winning bidder for land use rights.
