JOINT CIRCULAR No. 14/2015/TTLT-BTNMT-BTP ON THE ORGANIZATION AND IMPLEMENTATION OF AUCTIONS FOR THE RIGHT TO USE LAND FOR GRANTING LAND WITH PAYMENT OF LAND USE FEES OR LEASING LAND

JOINT CIRCULAR

Regulations on the organization and implementation of land use right auctions for land allocation with payment of land use fees or land leasing

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The Government issues this Decree on management and development of industrial clusters.

Pursuant to Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing implementation of certain provisions of the Land Law;

On the basis of Decision No. 44/2014/NĐ-CP dated May 15, 2014, of the Government on land prices;

BASED ON Decree No. 17/2010/NĐ-CP dated March 4, 2010 of the Government on auctioning assets;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

The Minister of Natural Resources and Environment and the Minister of Justice issue this Joint Circular to regulate the organization and implementation of land use right auctions for land allocation with payment of land use fees or land leasing.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the organization and implementation of land use right auctions for land allocation with payment of land use fees or land leasing.

Article 2. Applicability

State management agencies for land, auction sales, collection of land use fees and land rental fees; units organizing the auction, units implementing the auction sale of land use rights, and other organizations and individuals related to the auction of land use rights.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Unit organizing the implementation of land use right auctions is an organization for land development or an agency, organization with the function assigned by the competent People's Committee to organize the implementation of land use right auctions.

2. Unit implementing the auction sale of land use rights is an organization with the function of selling assets at auction according to the laws on land, laws on asset auctions, and other relevant laws, or an Auction Committee for land use rights established by the competent People's Committee in special cases.

Article 4. Land Fund for Auctioning Land Use Rights

The land fund for auctioning land use rights includes:

1. Land reclaimed by the State for economic and social development for national interests and public benefits as stipulated in Article 62 of the Land Law; reclaimed due to violations of land laws as stipulated in Clause 1, Article 64 of the Land Law; reclaimed due to termination of land use as stipulated in Points a, b, c, and d, Clause 1, Article 65 of the Land Law.

2. Land reclaimed by the State due to reorganization and disposal of office premises, public service facilities, production and business establishments where the assets attached to the land belong to the State.

3. Land managed by People's Committees of communes, wards, towns; land development organizations entrusted with management but not yet allocated or leased for use according to the law.

4. Land managed by organizations entrusted according to Point b and Point c, Clause 1, Article 8 of the Land Law, decided by competent state agencies to allocate or lease for use according to the law.

Article 5. Auction Committee for Land Use Rights in Special Cases

1. The Auction Committee for Land Use Rights in special cases is established to implement the auction sale of land use rights in the following situations:

a) Implementing land allocation or leasing for projects with significant value when the total land use right value of the entire plot calculated based on the land price in the land price list reaches VND 10 trillion or more for central cities; VND 3 trillion or more for mountainous and highland provinces; VND 5 trillion or more for other provinces;

b) Implementing land allocation or leasing for organizations, households, and individuals to carry out investment projects or allocate residential land to households and individuals in mountainous communes located more than 60 kilometers from the provincial capital where there is no organization with the function of conducting auctions according to the law within the district where the land is allocated or leased.

2. The competent People's Committee allocates or leases land according to the Land Law, decides to establish the Auction Committee for Land Use Rights in special cases as stipulated in Clause 1 of this Article for each specific case.

3. The members of the Auction Committee for Land Use Rights in special cases as stipulated in Clause 1 of this Article include representatives of the leadership of the competent People's Committee deciding on land allocation or leasing or persons authorized according to the law as Chairperson of the Committee; representatives of natural resources and environment, judicial, finance, construction departments at the same level and other relevant agencies and organizations as members.

Chapter II

PROCEDURES FOR THE ORGANIZATION AND IMPLEMENTATION OF LAND USE RIGHT AUCTIONS

Article 6. Establishing the Auction Plan for Land Use Rights

1. Based on the annual land use plan of the district that has been approved and the proposals from units regarding the auction of existing land funds, the Department of Natural Resources and Environment or the District Office of Natural Resources and Environment shall report to the People's Committee at the same level to instruct the units currently managing the land fund as stipulated in Article 4 of this Circular to establish the auction plan for land use rights to be submitted to the People's Committee at the same level for approval.

2. The auction plan for land use rights includes the following main contents:

a) List of land types, location, area, and technical infrastructure, attached assets with the plots of land to be auctioned (if any);

b) Purpose, form (granting land or leasing land), and duration of use of the plots of land when auctioning land use rights;

c) Proposed time to organize and implement the auction of the plots of land;

d) Participants and conditions for participation in the auction; participation fees and advance payment required upon participation in the auction;

đ) Auction method to be applied during the auction process;

e) Budget and sources of funding for organizing and implementing the auction;

g) Expected value obtained and proposal for using the revenue from the auction results;

h) Method of selecting the unit to implement the auction (open bidding or assigning a specific unit to implement) or proposing the establishment of a Special Auction Committee in special cases (for cases where a Special Auction Committee is established according to regulations);

i) Proposal for the unit assigned to organize and implement the auction of land use rights.

Article 7. Preparing the Auction Documents for Land Use Rights

1. Based on the approved auction plan for land use rights, the unit assigned to organize and implement the auction of land use rights shall be responsible for preparing the documents for the plots of land to be auctioned, sending them to the competent environmental resources agency for review before submitting to the competent People's Committee for decision on the auction of land use rights.

2. The auction documents for the plot of land include:

a) Petition and draft decision on the auction of land use rights;

b) Relevant documents related to the current management and use status of the plot of land to be auctioned and its technical infrastructure, attached assets (if any) issued by the competent authority;

c) Information about the planning, land use plan, and detailed construction planning related to the plot of land to be auctioned, which have been approved by the competent state agency;

d) Extracts from the cadastral map or cadastral survey of the plot of land to be auctioned in cases where there is no cadastral map;

đ) Name and address of the unit organizing the implementation of the auction of land use rights.

Article 8. Decision on Auctioning Land Use Rights

1. Based on the auction documents for the plot of land prepared by the unit organizing the implementation of the auction of land use rights and the review opinions of the environmental resources agency, the competent People's Committee decides on the auction of land use rights.

2. The decision on auctioning land use rights is expressed in writing and includes the following main contents:

a) Legal basis for issuing the decision;

b) List, location, area of the plot of land, technical infrastructure, attached assets (if any), purpose, form, and duration of use of the land decided to be auctioned;

c) Information about the planning, land use plan, detailed construction planning already approved by the competent state agency and other relevant regulations concerning the management and use of the plot of land decided to be auctioned;

d) Name and address of the unit assigned to organize the implementation of the auction of land use rights.

Article 9. Determination and Approval of the Starting Price for Auctioned Land Lots

1. Based on the decision to auction land use rights, the Department of Natural Resources and Environment shall organize the determination of the starting price for the auctioned land lot (including land price, technical infrastructure, and attached assets if any) in accordance with the law and submit it to the People's Committee of the province or centrally governed city (hereinafter referred to collectively as the Provincial People's Committee) for approval.

2. The documents submitted for approval of the starting price for the auctioned land lot include:

a) A proposal regarding the starting price plan for the auctioned land lot, technical infrastructure price, and assets on the land (if any);

b) Draft of the starting price plan;

c) Report explaining the construction of the starting price plan;

d) Document reviewing the starting price plan.

3. Based on the documents submitted by the Department of Natural Resources and Environment, the Provincial People's Committee shall approve the starting price for the auctioned land lot. The approved starting price for the auctioned land lot serves as the basis for implementing the sale by auction of land use rights.

Article 10. Selection and Signing of Contracts for Hiring Units to Carry Out the Sale by Auction of Land Use Rights

1. Based on the method of selecting units to carry out the sale by auction in the approved auction plan for land use rights, the unit organizing the auction of land use rights shall be responsible for organizing the selection and signing contracts to hire units to carry out the sale by auction of land use rights in accordance with the regulations.

2. The organization of open tendering to select units to carry out the sale by auction of land use rights shall be carried out according to the approved plan. The unit organizing the auction of land use rights must submit to the competent People's Committee for establishing an advisory bidding team to build and evaluate tender documents; announce the content and tender documents on mass media at least twice; objectively and fairly evaluate tender documents and determine the successful bidder based on the points and criteria stipulated by the law on bidding and specific provisions of the locality (if any).

In the case of open tendering, when the tender period expires and only one unit has registered to bid, the unit organizing the auction of land use rights shall report to the natural resources and environment authority to submit to the competent People's Committee for deciding to assign a specific unit with the function of selling auctioned assets under the law to carry out the sale by auction or continue organizing open tendering to select units to carry out the sale by auction of land use rights as prescribed.

3. The contract for hiring units to carry out the sale by auction of land use rights includes the following main contents:

a) Name and address of the unit organizing the auction of land use rights; of the unit carrying out the sale by auction of land use rights;

b) Location and area of the auctioned land lot (in cases of multiple land lots, detailed appendices of the documents will be attached);

c) Starting price for the sale by auction;

d) Time and place to carry out the sale by auction;

đ) Objectives, conditions for participating in the auction according to the approved plan;

e) Form of auction to be applied when carrying out the sale by auction according to the approved plan;

g) Amount of registration fee for participating in the auction and deposit amount according to the approved plan;

h) Method of collecting and handling registration fees and deposits; method and level of payment and resolution of costs for carrying out the sale by auction;

i) Deadline, location, and method of delivering documents and the Minutes of the results of carrying out the sale by auction;

k) Rights and obligations of the parties in the implementation of the contract.

4. The unit organizing the auction of land use rights may sign a contract to hire units to carry out the sale by auction in cases where the auction plan for land use rights provides for a specific unit to carry out the sale by auction or in cases where there is a report from the natural resources and environment authority proposing to assign a specific unit to carry out the sale by auction as stipulated in Clause 2 of this Article.

Article 11. Supervision of the Auction of Land Use Rights

1. The unit implementing the auction of land use rights shall be responsible for conducting the auction of land use rights in accordance with the procedures and formalities prescribed by laws on asset auctions and the specific contents stipulated in the contract for hiring to implement the auction of land use rights.

2. The unit organizing the auction of land use rights shall be responsible for dispatching representatives to attend and supervise the implementation of the auction of land use rights. Depending on specific circumstances, the unit organizing the auction of land use rights shall coordinate with the unit implementing the auction to invite representatives from environmental resources agencies, judicial bodies, financial authorities, local governments where the auctioned land is located, and other relevant organizations and individuals to attend and supervise the implementation of the auction of land use rights.

Article 12. Approval of the Results of the Auction of Land Use Rights

1. Within no more than five working days from the date of receiving the handover of documents and the Minutes of the results of the auction of land use rights from the unit implementing the auction of land use rights, the unit organizing the auction of land use rights shall prepare documents to submit to the environmental resources agency for approval by the competent People's Committee that decided on the auction of land use rights, and issue a decision recognizing the successful auction result of land use rights.

2. Documents submitted for issuing the decision recognizing the successful auction result of land use rights include:

a) Draft decision recognizing the successful auction result of land use rights;

b) Decision on the auction of land use rights issued by the competent People's Committee;

c) Parcel documents for auctioned land;

d) Contract for hiring the organization to implement the auction of land use rights;

đ) Report on the organization and implementation of the auction and the Minutes of the successful auction results of land use rights;

3. The competent People's Committee shall sign and issue the decision recognizing the successful auction result of land use rights that have been successfully auctioned to send to the environmental resources agency, the unit organizing the auction of land use rights, the tax authority, and the person who won the auction of land use rights. The decision recognizing the successful auction result of land use rights includes the following contents:

a) Legal basis for issuing the decision;

b) Location, area, purpose, form, duration of land use, and technical infrastructure, assets attached to the parcel of land (if any);

c) Name and address of the person who won the auction of land use rights;

d) Amount of money won in the auction of land use rights and technical infrastructure, assets attached to the land (if any), payment method, location, and time for payment;

đ) Unit responsible for signing the lease contract and issuing the Certificate of Land Use Right, Ownership Certificate of Housing, and Other Assets Attached to the Land Won in the Auction;

e) Responsibilities of related agencies and units.

Article 13. Payment of Land Use Fee or Rent After the Decision Recognizing the Successful Auction Result of Land Use Rights

1. Within no more than five working days from the date of receipt of the decision recognizing the successful auction result from the competent People's Committee, the tax authority shall notify the person who won the auction in writing to pay the land use fee or rent.

2. The notification of payment of the land use fee or rent includes the following contents:

a) Amount of land use fee or rent to be paid and the payment method, location, and time according to the successful auction result recognized by the competent People's Committee;

b) Name, address, and bank account at the State Treasury for paying the land use fee or rent won in the auction;

c) Deadline for paying the land use fee or rent won in the auction;

d) Deadline for transferring proof of payment of the land use fee or rent won in the auction to the environmental resources agency.

3. The person who won the auction of land use rights shall be responsible for paying the land use fee into the State Treasury and transferring proof of payment to the environmental resources agency to process the lease contract signing and issuance of the Certificate of Land Use Right, Ownership Certificate of Housing, and Other Assets Attached to the Land Won in the Auction as prescribed.

Article 14. Issuing land use right certificates and transferring land on-site to successful auction bidders

1. After receiving payment receipts for the full amount of money paid by the successful bidder for the land use rights, the natural resources and environment agency shall submit to the competent People's Committee for issuance of the Land Use Right Certificate, House Ownership Certificate, and Certificates for other assets attached to the land; sign a land lease contract in cases where land leasing is stipulated in Point d Clause 5 Article 68 of Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing the implementation of certain provisions of the Land Law.

2. Within no more than five working days from the date the competent People's Committee issues the Land Use Right Certificate, House Ownership Certificate, and Certificates for other assets attached to the land won at auction, the natural resources and environment agency shall take the lead and coordinate with the unit organizing the auction of land use rights and the People's Committee of the commune, ward, or town where the auctioned land is located to organize the transfer of land on-site and hand over the Land Use Right Certificate, House Ownership Certificate, and Certificates for other assets attached to the land to organizations and individuals who have successfully bid for the land use rights; direct relevant units to update and amend the cadastral database and cadastral files according to current regulations.

Chapter III

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Circular takes effect from May 20, 2015.

Article 16. Implementation Organization

1. The provincial People's Committees directly under the Central Government shall be responsible for directing and organizing the auction of land use rights to allocate land with land use fees or lease land in their localities in accordance with the guidelines set out in this Circular.

2. The Departments of Natural Resources and Environment and Justice shall be responsible for guiding and inspecting the organization of the auction of land use rights in accordance with this Circular; report periodically every six months and annually to the Ministry of Natural Resources and Environment and the Ministry of Justice on the situation of land use rights auctions in their localities. During the implementation process, if there are difficulties or obstacles, they are requested to promptly reflect them to the Ministry of Natural Resources and Environment and the Ministry of Justice for consideration and decision.

During the implementation process, if there are difficulties or obstacles, they are requested to promptly reflect them to the Ministry of Natural Resources and Environment and the Ministry of Justice for consideration and decision./.