The Government has just issued Resolution No. 66.11/2026/NQ-CP dated January 6, 2026 to remove difficulties and obstacles arising in the auction of residential land use rights, and at the same time strengthen legal discipline, preventing the situation of profiteering, paying high prices and then abandoning the deposit after winning the auction.
The Resolution focuses on adjusting two key groups of issues, including: The amount of money deposited before participating in the auction of residential land use rights assigned to individuals and sanctions for auction winners who do not fully fulfill their financial obligations as prescribed.
Sharp increase in deposits before residential land auction
According to Clause 1, Article 39 of the 2016 Asset Auction Law, amended and supplemented in Article 1 of Law No. 37/2024/QH15, for cases of auctioning land use rights to allocate residential land to individuals, the deposit to participate in the auction is determined within a framework of 5% to 20% of the starting price.
However, practice in the past shows that this deposit amount is not sufficient to bind the financial responsibility of auction participants. Many cases bid very high to "keep a spot", then accept to abandon the deposit, causing market disruption, disrupting the land allocation process and generating many consequences in land management.
To overcome the above situation, Resolution No. 66.11/2026/NQ-CP has established a special mechanism, applied separately to the auction of residential land use rights allocated to individuals according to the provisions of the Land Law, with significantly higher deposits:
- Minimum 10% of the starting price;
- Up to 50% of the starting price.
The strong increase in pre-order money is identified as a direct measure to prevent the act of paying high prices for profit and then abandoning the deposit, forcing auction participants to carefully consider their financial capacity as well as legal responsibility before setting the price.
Banned from participating in auctions if violating the obligation to pay the winning bid
Another noteworthy new point of the Resolution is the specific regulations on sanctions for people who win the auction of residential land use rights but violate the obligation to pay the auction prize money, leading to the cancellation of the decision recognizing the auction results.
According to Article 3 of Resolution No. 66.11/2026/NQ-CP, depending on the nature and severity of the violation, the winning bidder may be prohibited from participating in the auction of residential land use rights for a certain period:
- From 2 years to 5 years for cases where no winning bid money is paid;
- From 6 months to 3 years for cases of not fully paying the winning bid money.
This regulation creates a clear distinction between the levels of violation, avoids applying egalitarian sanctions, and at the same time increases deterrence against acts of intentionally failing to fulfill financial obligations after winning the auction.
Authority to prohibit participation in auctions and handling procedures
The Resolution assigns competent authorities to approve the results of winning land use right auctions in cases of allocating residential land to individuals to decide on the prohibition of participating in auctions for violators.
Within 10 days from the date of issuance of the decision to cancel the decision recognizing the auction results, the competent authority must consider and issue a decision prohibiting participation in the auction according to regulations.
Regarding the content of the ban decision, sending and posting on the National Auction Portal, as well as the right to complain, initiate a lawsuit and the statute of limitations for handling violations, is implemented according to Clause 3, Clause 4, Article 25 and Article 26 of Decree No. 172/2024/ND-CP detailing a number of articles of the Law on Property Auction.
Effectiveness of implementation and principles of priority application
Resolution No. 66.11/2026/NQ-CP takes effect from January 6, 2026 to the end of February 28, 2027.
In cases where laws, resolutions of the National Assembly or ordinances, resolutions of the National Assembly Standing Committee are promulgated or amended, supplemented and take effect during this period, the corresponding regulations in the Resolution will expire.
Notably, the Resolution also clearly defines the principles of application: During the validity period, if the provisions in the resolution differ from relevant legal documents on deposits or prohibitions from participating in housing land use right auctions, then apply according to this resolution.
With the strong increase in deposits and the first specific regulation of the time limit for prohibiting participation in auctions for people who violate financial obligations, Resolution No. 66.11/2026/NQ-CP is considered a strong step to restore order in the auction of residential land use rights, limit speculation and deposit abandonment, and at the same time contribute to ensuring budget revenue and the stability of the real estate market.
