Which projects will businesses be allocated land without going through an auction?

Which projects will businesses be allocated land without going through an auction? Enterprises are allocated land without auction in some cases according to the provisions of land law. This direct land allocation does not go through the auction of land use rights, creating favorable conditions for certain investment projects. This article by Long Phan Consulting Company will deeply analyze cases where businesses are allocated land without auction according to the Land Law 2024, and provide information about related documents and procedures, helping customers follow the correct order.

Conditions for enterprises to be allocated land by the State to implement investment projects

To be allocated land by the State to carry out investment projects, businesses need to meet the conditions specified in Clause 2, Article 122 of the Land Law 2024. Specifically, these include the following conditions:

• Deposit or have other forms of security according to the provisions of law on investment.
• There is financial capacity to ensure land use according to the progress of the investment project and other conditions according to relevant laws.
• Do not violate the provisions of the law on land or violate the provisions of the law on land but have completely complied with the legally effective decision or judgment of the competent authority at the time of request for land allocation. The identification of land users violating the provisions of land law applies to all land plots in use throughout the country.

These are requirements that help ensure that businesses have the ability to implement projects and use land legally and effectively.

>>> See more: Procedures for applying for land allocation to implement enterprise investment projects.

Which projects will businesses be allocated land without going through an auction?

Article 124 of the Land Law 2024 lists cases of land allocation without auction, creating a basis for assigning land use rights directly to businesses. Below are specific cases:

1. Allocating land without collecting land use fees, allocating land with collecting land use fees but exempting land use fees, except in cases where the law governing the industry or field stipulates that the number of interested investors must be determined.
2. Allocate land to implement projects in cases where the State recovers land 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 law on investment in the public-private partnership mode.

3. Allocating land with collection of land use fees in the following cases:

• Allocating land to the organization due to land compensation and resettlement support.
• Allocating land to land users whose land is recovered for production and business but at the time of land recovery still has the land use term and the land user needs to use land in another location to continue production and business.
• Land allocation for small, narrow plots of land located interspersed according to Government regulations.
• Land allocation according to the decision to resolve land disputes and land complaints of the competent authority has taken effect.

4. Allocating land to implement projects in cases where the State recovers land without using capital in cases where there is an interested investor but only 01 investor meets the conditions for inviting interest. For the project, the number of interested investors must be determined.
5. In case the land is auctioned for land use rights twice without success/no organization participates.
6. Economic organizations with foreign investment capital receive transfer of real estate projects according to the provisions of real estate business law.

Thus, land allocation projects of enterprises falling into one of the above cases will be allocated land by the State without going through auction.

Applications for land allocation to businesses are not through auction

Pursuant to the provisions of Decision 629/QD-BTNMT, to carry out procedures for land allocation without auction, businesses need to prepare complete documents. Profile includes:

• Application for land allocation (Model number 02a in the Appendix issued together with Decree No.102/2024/ND-CP).
• Document approving the investment project, decision approving the investment policy, decision approving the investment policy and approving the investor or document approving the investor selection results for investment projects using the public-private partnership method (if any).
• Document of the competent state agency approving the investor in the case of land allocation to implement projects in the case where the State recovers land for socio-economic development for national and public benefits but only one investor meets the conditions for inviting interest in the project, the number of interested investors must be determined.
• Document from the unit assigned to organize the auction of land use rights on the results of the auction of land use rights being unsuccessful because the registration period expired and only 01 person registered to participate in the auction.
• Document on the results of real estate project transfer for foreign-invested economic organizations receiving real estate project transfer.
• Documents prescribed by law in cases of change in land use rights, ownership of assets attached to land due to division, separation, consolidation, merger, conversion of organizational model or of groups of common land users, groups of owners of common assets attached to land that must be recovered.

Complete and valid records will help the process of reviewing and deciding on land allocation take place smoothly and quickly. Understanding the necessary documents helps businesses be proactive in the process of working with competent state agencies to be assigned land use rights.

>>> See more: Regulations on auction of land use rights according to the Land Law 2024

Procedures for allocating land to businesses are not through auction

Procedures for land allocation without auction include many steps, from submitting documents to handing over land and issuing a Certificate of land use rights according to the provisions of Decision 629/QD-BTNMT:

How to do it

Enterprises can submit land allocation applications at the receiving agency and return the results of administrative procedures according to the decision of the Provincial People’s Committee. Application forms include:

• Submit directly to the One-Stop Department according to regulations of the People’s Committee.
• Provincial level to receive documents and return results of administrative procedures at provincial, district and commune levels.
• Submit via public postal service.
• Submit online: Submit on the provincial public service portal or the provincial administrative procedure information system in cases where the original application is not required.

Execution order

The procedure for land allocation without auction is carried out according to the following steps:

In cases where land users pay land use fees according to the land price in the land price list

Step 1: Submit application

The person applying for land allocation submits the application and related documents to the agency receiving the application and returning the results.

Step 2: Process documents at the provincial land management agency

This agency is responsible for:

• Assign the Land Registration Office to provide information about the land database and prepare an extract of the cadastral map of the land plot in case the dossier is complete and valid.
• Instruct the applicant to supplement the cadastral measurement of the land plot (if necessary), redo or supplement the dossier in case the dossier is incomplete or invalid.
• Review, check documents and conduct field inspections.

Step 3: Complete the dossier and submit it to the Provincial People’s Committee

The provincial land management agency completes the dossier and submits it to the Provincial People’s Committee to issue a land allocation decision.

Step 4: Issue the land allocation decision

The Provincial People’s Committee reviews and issues a land allocation decision.

Step 5: Transfer cadastral information to tax authorities.

Provincial land management agencies transfer land plot cadastral information to tax authorities to determine financial obligations.

Step 6: Identify and notify financial obligations

The tax authority determines the land use fee payable and issues a payment notice to the land user.

Step 7: Pay land use fees as notified by the tax authority.

Step 8: The tax authority confirms the payment and sends notification of the results to the provincial land management agency.

Step 9: Issue the Certificate of land use rights and hand over the land

The provincial land management agency submits to the competent authority to sign and issue the Certificate; transfer documents to the Land Registration Office; Organize land handover on the ground and hand over Certificates to land users.

Step 10: Update cadastral records.

The land registration office is responsible for updating and adjusting the land database and cadastral records.

In the case of land use, land allocation is without collection of land use fees

In this case, the procedure for applying for land allocation without auction is similar to Step 1, Step 2, Step 3, Step 4 and at the same time omitting Step 5, Step 6, Step 7, Step 8 of the above case. Afterward. Take the next steps:

Step 5: Issue the Certificate of land use rights and hand over the land

The provincial land management agency submits to the competent authority to sign and issue the Certificate; transfer documents to the Land Registration Office; Organize land handover on the ground and hand over Certificates to land users.

Step 6: Update cadastral records

The land registration office is responsible for updating and adjusting the land database and cadastral records

In cases where land users must pay land use fees according to specific land prices

In case the land user must pay land use fees according to a specific land price, the procedure is similar to Step 1, Step 2, Step 3 of the case of paying land use fees according to the land price list. Then, take the next steps including:

Step 4: The Provincial People’s Committee considers issuing a land allocation decision, and sends it to the agency with land management function at the provincial level to organize the determination of specific land prices according to its own order of determining specific land prices.

Step 5: Organize to determine specific land prices and submit to the Provincial People’s Committee

The agency with the function of land management at the provincial level organizes the determination of specific land prices and submits them to the Chairman of the Provincial People’s Committee to issue a decision approving specific land prices according to the provisions of the law on land prices with content on the responsibilities of the tax authority in guiding land users to pay land use fees according to the provisions of the law on land use fees.

Step 6: The Chairman of the Provincial People’s Committee considers issuing a decision approving the specific land price.

Step 7: Identify and notify financial obligations

The tax authority determines the land use fee payable and issues a payment notice to the land user.

Step 8: Pay land use fees as notified by the tax authority.

Step 9: The tax authority confirms the payment and sends notification of the results to the provincial land management agency.

Step 10: Issue the Certificate of land use rights and hand over the land

The provincial land management agency submits to the competent authority to sign and issue the Certificate; transfer documents to the Land Registration Office; Organize land handover on the ground and hand over Certificates to land users.

Step 11: Update cadastral records.

The land registration office is responsible for updating and adjusting the land database and cadastral records.

Resolution time

The time to resolve land allocation procedures is no more than 20 days from the date of receipt of complete and valid documents for areas other than mountainous communes, border areas, islands, or areas with difficult or extremely difficult socio-economic conditions. For these areas, the processing time is no more than 30 days from the date of receipt of complete and valid documents.

Enterprises need to clearly understand this process to effectively coordinate with competent state agencies. Complying with the prescribed order and time helps businesses quickly receive land use rights to implement the project.

Consulting services for land allocation without auction

Long Phan Consulting Company provides comprehensive consulting services on procedures for land allocation without auction. Our team of experts will assist customers in the following tasks:

• Research and analyze documents related to projects and land use rights.
• Detailed advice on conditions and cases of land allocation without auction.
• Provide guidance and support in preparing all necessary documents for land allocation applications.
• Drafting land allocation applications and other documents.
• Representatives submit documents and work with competent state agencies.
• Closely monitor the application processing process and regularly update information for customers.
• Resolve legal issues that arise during the implementation of land allocation procedures.
• Support customers in fulfilling financial obligations related to land allocation.
• Advise the rights and obligations of the land assignee after completing the procedure.

With experience and dedication, Long Phan Consulting Company commits to accompanying customers throughout the land allocation process, ensuring procedures are carried out quickly, according to regulations and most effectively.

Frequently asked questions related to which projects will businesses be allocated land without going through an auction

Below are frequently asked questions that customers can refer to:

What types of projects are often allocated land by the State without auction for public and defense purposes?

The state often allocates land directly to public construction projects such as roads, hospitals, schools, parks, state agency headquarters, and defense and security projects.

After several unsuccessful auctions, can a business be considered for land allocation without an auction?

According to regulations, after 02 unsuccessful auctions of land use rights (no one registered to participate or no bidder), the competent state agency will consider allocating land directly to investors in need.

How does the state assess the financial capacity of enterprises applying for direct land allocation?

The appraisal of financial capacity is often based on audited financial statements, equity, capital mobilization ability and other financial commitments of the enterprise to ensure the ability to implement the project on schedule.

In what cases is an enterprise allocated land without auction because it is compensated with land when the State recovers the land?

When the State recovers land from an enterprise and has a compensation plan by allocating another plot of land of equivalent value or as agreed upon, the enterprise will be allocated land directly without the need for an auction.

Where can businesses find information about projects that can be directly allocated land?

Information about projects with the possibility of direct land allocation is often published on the electronic information portal of the Provincial People’s Committee, relevant departments, branches and branches or through investment promotion channels.

Which agency has the authority to decide to allocate land without auction to businesses?

The Provincial People’s Committee is the competent authority to decide on land allocation, land lease, and land recovery for organizations and businesses.

After being directly allocated land, what responsibilities do businesses have in land management and use?

Enterprises are responsible for using land for the assigned purpose, complying with land use planning, fulfilling financial obligations related to land, protecting the environment and performing other rights and obligations according to the provisions of law.

Conclude

Land allocation without auction is a special procedure that helps businesses quickly implement investment projects. However, businesses must meet conditions to ensure rights and obligations when using land. If you need assistance in applying for land allocation without auction, contact Long Phan Consulting Company immediately via the hotline: 0906735386 for detailed advice and support.