The Government issued Resolution No. 66.11/2026/NQ-CP dated January 6, 2026, stipulating the handling of difficulties and obstacles regarding land use right auctions in cases of land allocation according to the provisions of the Land Law.
This Resolution stipulates deposits for participating in land use right auctions in cases of allocating residential land to individuals; handling violations against land use right auction winners in cases of allocating residential land violating the obligation to pay land use right auction prize money in accordance with the provisions of land law and other relevant laws.
The Resolution stipulates a number of solutions and mechanisms to prevent acts of profiteering and violations, including abandoning land auction deposits. In which, the Resolution stipulates the amount of money deposited in advance to participate in land use right auctions in cases of allocating residential land to individuals according to the provisions of the Land Law.
Article 39 of the 2016 Asset Auction Law (amended and supplemented in 2024) stipulates that for cases of auctioning land use rights to allocate residential land to individuals, the deposit to participate in the auction is at least 5% and at most 20% of the starting price.
The Resolution stipulates that in the case of auctioning land use rights in cases of allocating residential land to individuals according to the provisions of the Land Law, the deposit amount is at least 10% and at most 50% of the starting price. Increasing the deposit amount for the case of auctioning land use rights is a solution to prevent the situation of paying high prices for profit and then abandoning the deposit.
The Resolution also sets out specific regulations to handle violations against land use right auction winners in cases of residential land allocation.
According to the Resolution, the winning bidder of land use rights for cases of residential land allocation violating the obligation to pay the winning bid price of land use rights leading to the decision recognizing the annulment of the auction results, depending on the nature and severity of the violation, is prohibited from participating in the auction of land use rights in cases of residential land allocation as follows:
- From 2 years to 5 years for cases where the winning bidder does not pay the winning bid;
- From 6 months to 3 years for cases where the winning bidder does not fully pay the winning bid.
The competent authority approving the results of winning the land use right auction for cases of allocating residential land to individuals is the competent authority deciding to prohibit participation in the auction specified above.
Within 10 days from the date of issuing the decision to cancel the decision recognizing the results of the land use right auction, the competent authority deciding to prohibit participation in the auction shall consider and issue a decision prohibiting participation in the auction for the land use right auction winner according to regulations.
This Resolution takes effect from January 6, 2026 to the end of February 28, 2027.
During the period when the provisions of this Resolution take effect, if the regulations on deposits, prohibition from participating in land use right auctions in cases of residential land allocation in this Resolution are different from relevant legal documents, they shall be implemented according to the provisions of this Resolution.
