Cases of land allocation and land lease are not through auction

Land allocation and land lease is not through auction is a policy to create favorable conditions for socio-economic development and to ensure fairness in land resource allocation, and support for key investment projects and policy beneficiaries. Please follow Long Phan’s content to grasp the latest regulations on cases, processes and conditions for applying the form of land allocation and land lease without auction.

Conditions for organizing auctions of land use rights when the State allocates or leases land

According to Clause 2, Article 125 of the Land Law 2024, the organization of auctions of land use rights when the State allocates or leases land must meet the following conditions:

• Land has been recovered and compensation, support, and resettlement has been completed or no compensation, support, or resettlement is required; In the project area, there is already connected transportation infrastructure;
• Included in the approved district-level annual land use plan for the purpose of auctioning land use rights, except in the case of auctioning land use rights for land specified in Point e, Clause 1, Article 217 of the Law Land 2024;
• Have a detailed 1/500 plan prepared and approved by a competent state agency for housing construction investment projects;
• There is a plan to auction land use rights approved by a competent authority.

Fully meeting these conditions helps ensure the legality and feasibility of the land use rights auction process, avoiding legal problems and disputes in the future.

Cases where the State allocates land for lease without going through the auction of land use rights

Article 124 of the Land Law 2024 regulates cases of land allocation or land lease without auctioning land use rights or bidding to select investors, including:

1. Allocating land without collecting land use fees as prescribed in Article 118 of the Land Law 2024, allocating land with collecting land use fees as prescribed in Article 119 of the Land Law 2024 but exempting land use fees and leasing land as prescribed in Article 120 Land Law 2024 that are exempt from land rent, except in cases where the law governing the industry or field requires determining the number of interested investors.

2. Allocating and leasing land to implement projects in cases where the State recovers land as prescribed in Article 79 of the Land Law 2024 in one of the following cases:

• Use public investment capital according to the provisions of law on public investment;
• Investment projects in the public-private partnership mode according to the provisions of the law on investment in the public-private partnership mode.

3. Land allocation with collection of land use fees, and land leases in special cases such as: cadres, civil servants, civil servants, officers, and professional soldiers who do not have residential land or houses. Allocating residential land to teachers and medical staff in border communes, islands in difficult areas… (detailed regulations in Clause 3, Article 124 of the Land Law 2024).

4. Land users who change land use purposes fall into the case of Article 121 of the Land Law 2024.

5. Allocate and lease land to implement projects in cases where the State recovers land according to the provisions of Article 79 of the Land Law 2024 without using the capital specified in Clause 2, Article 124 of the Land Law 2024 in this case. There are interested investors but only one investor meets the conditions for inviting interest in the project. The number of interested investors must be determined according to the provisions of bidding law and industry management law field.

6. In case the land is unsuccessfully auctioned for land use rights twice, it falls into the case specified in Point b, Clause 6, Article 125 of the Land Law 2024 or there are no participants. The time for land allocation and land lease in this case is only carried out within 12 months from the date of the second unsuccessful auction.

7. Economic organizations with foreign investment capital receive a transfer of real estate projects according to the provisions of law on real estate business.

Procedures for land allocation and land lease are not through auction

Profile components

Pursuant to Clause 1, Article 49 of Decree 102/2024/ND-CP, organizations and individuals subject to land allocation and land lease without auction bidding shall prepare 01 set of documents. The documents that need to be submitted include the following:

1. Application for land allocation or lease according to Form No. 02a, application for land lease according to Form No. 02b in the Appendix issued with Decree 102/2024/ND-CP
2. Attach one of the following documents:

• Copy of the document approving the investor selection results of the competent state agency for the cases specified in Clause 2, Article 116 of the Land Law;
• Copy of document approving the investment project, decision approving the investment policy, decision approving the investment policy and approving the investor according to the provisions of law on public investment and law on investment private; Document approving the investor selection results for investment projects using the public-private partnership method (if any);
• Copy of the document of the competent state agency approving the investor according to the provisions of law on investment for the cases specified in Clause 5, Article 124 of the Land Law;
• Copy of the document of the unit assigned to organize the auction of land use rights on the results of the auction of land use rights failing as prescribed in Point b, Clause 6, Article 125 of the Land Law;
• Copy of document on the results of real estate project transfer according to the provisions of law on real estate business for the cases specified in Clause 7, Article 124 of the Land Law;
• Copies of documents as prescribed by law for cases specified in Point i, Clause 1, Article 133 of the Land Law that require land recovery.

The process of land allocation and land lease is not through auction

The process of land allocation and land lease without auction is specified in Article 228 of the Land Law 2024, including the main steps:

Step 1: Organizations and individuals submit documents requesting land allocation or land leases.

Step 2: After receiving the application. Land management agencies carry out the following tasks:

• Review and check documents, and organize measurements and excerpts; In case the organization or individual submitting the request lacks relevant documents, instructions will be given to supplement the documents.
• In case of applying the land price in the land price list to calculate land use fees and land rent: The agency with land management function prepares a dossier and submits it to the competent People’s Committee to issue a decision on land allocation and permission lease land and submit to sign the Certificate of land use rights and ownership of assets attached to the land.
• In case of determining a specific land price to calculate land use fees or land rent: The agency with land management function prepares a dossier and submits it to the competent People’s Committee to issue a decision on land allocation or land lease; Organize the determination of land prices, submit to competent authorities for approval of land prices, calculate land use fees, land rent and submit to sign Certificates of land use rights and ownership of assets attached to land.

Step 3: Land users pay land use fees and land rent according to the provisions of law; In case land use fees or land rents are reduced, the agency collecting land use fees and land rents shall reduce land use fees and land rents for land users.

Step 4: Land management agencies carry out:

• Transfer records to update and adjust land database and cadastral records.
• Sign a land lease contract (if it is a case of land lease).
• Organize land handover on the ground and hand over land use rights certificates.

This procedure ensures that the land allocation process for land lease without auction is carried out in a transparent manner, in accordance with the law, and protects the rights of land users and the State.

Consulting services on related issues when the state allocates land for lease without auction

Long Phan is proud to provide professional and comprehensive land registration consulting and support services. Long Phan’s team of experienced experts is ready to accompany you in every step of the process.

Consulting and support services at Long Phan include:

• Legal advice on conditions, processes and procedures for land allocation and land lease.
• Support in preparing documents requesting land allocation and land lease.
• Consulting on cases of land allocation and land lease not through auction.
• Consulting to resolve problems that arise during implementation.

Land allocation and land lease without auction is a policy that opens up many development opportunities for organizations, individuals and businesses. To take full advantage of this policy, you should choose support from experts in the land field to achieve high efficiency. When you use the services at Long Phan, we are always ready to accompany you throughout the implementation process and provide optimal solutions. Please contact Long Phan immediately via hotline 0906735386 for detailed advice and dedicated support.