Advanced Search

Circular 14/2015/ttlt-Btp-Btnmt: Regulating The Implementation Of Land Use Rights Auction To Collect Land Use Land Or Rent Land

Original Language Title: Thông tư liên tịch 14/2015/TTLT-BTNMT-BTP: Quy định việc tổ chức thực hiện đấu giá quyền sử dụng đất để giao đất có thu tiền sử dụng đất hoặc cho thuê đất

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
CIRCULAR regulating the implementation of land use rights auction to collect land use land or rent land _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law of the land on November 29, 2013;
Pursuant to Decree No. 43/2014/ND-CP on May 15, 2014 detailing the Government's implementation of some articles of the law of the land;
Pursuant to Decree No. 44/2014/ND-CP on May 15, 2014 by government regulation on land prices;
Pursuant to Decree No. 17/2010/ND-CP of March 2010 the Government property auction;
Pursuant to Decree No. 21/2013/ND-CP of March 2013 of government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
Pursuant to Decree No. 22/2013/ND-CP dated 13 March 2013 of government functions, tasks, powers and organizational structure of the Ministry of Justice;
The Minister of natural resources and the environment, the Minister of Justice issued a circular regulating the implementation of land use rights auction to collect land use land or rent land, chapter I GENERAL PROVISIONS article 1. Scope this circular stipulates the implementation of land use rights auction to collect land use land or rent land.
Article 2. Application object state management bodies on land, property auction, collect money and land use land lease; the Unit conducted the auction, the Unit conducted the auction of land use right and the Organization, individuals are related to the land-use rights auction. 
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. The unit holding the auctions of land use is the land fund development organization or agency, the Organization has the function been Committee authorized delivery organizations make the auctions of land use.
2. Apply the land use rights auction is held to have functional property auction according to provisions of the law of the land, the law of property auctions and the provisions of other relevant laws or auction Council land use Committee is competent to decide in special cases.
Article 4. The Land Fund be used to auction land use the Land Fund be used to auction land use include: 1. State Land to socio-economic development for the benefit of the public, national as defined in Article 62 of the law of the land; revoked due to violation of the law of the land as stipulated in paragraph 1 to article 64 of the law of the land; recovered by the end of the use of land according to the law, voluntarily return the land as specified at points a, b, c and d of paragraph 1 to article 65 of the law of the land;
2. Ground State due to rearrange, handling Office, active career base, production base, the business that the property attached to state-owned land;
3. The land due to the people's Committee of communes, wards and towns; The land fund development organization was entrusted to manage that State has not yet delivered or lease for use in accordance with the law;
4. the celebrated land allocated to manage in accordance with point b and point c of paragraph 1 article 8 of the law of the land are the competent State agency decisions, lease for use as defined by law.
Article 5. The Council land use rights auction in special cases 1. The Council land use rights auction in special cases be established to implement the land use rights auction for the following cases: a) perform assigned land, land for land rental to make the project great value when the value of land use right of the land plots ensemble calculated according to the price of land in the land price from 1,000 billion and over for with the central cities; from 300 billion or more for the mountainous region; from 500 billion or more for the rest of the province;
b) execution ground, land rental for organisations, households and individuals to implement investment projects or land for households and individuals in town in the mountainous Centre of the capital from 60 km and over that in districts where land rental, no organization can function under the rules of the auction law.
2. The people's Committee, the authorized leased land law, the Council decided to establish land-use rights auction for the special cases stipulated in clause 1 of this article for each specific case.
3. The composition of the Council auction of land use for the case prescribed in clause 1 of this article include a representative of the people's Committee leaders granting authority decisions, lease of land or a person authorized under the provisions of the law as the President of the Council; representative of the Agency of natural resources and the environment, justice, finance, build the same level and the Agency, other organization concerned is a member.
Chapter II the procedures CONDUCTED AUCTIONS of LAND USE RIGHTS article 6. Plans auction of land use 1. Land use plans base their annual district level have been approved and proposed by the unit on the auction of existing Land Fund, Department of natural resources and the environment or Resource Room and the Environment Committee report the same level steering units are assigned to manage the Land Fund as defined in article 4 of this circular plans rights auction the land use Committee at the same level for approval.
2. the auction approach land use includes the following major contents: a) the category of soil types, location, area and technical infrastructure, property associated with the auction of land plots (if available);
b) purposes, the form (land or rent land), the time limit for use of land plots when the auction of land use;
c) estimated time holding auctions of land plots;
d) objects and conditions to join an auction; participation fee and advance deposit auctions must submit when bidding;
DD) form of auction that are applied when making the auction;
e) funding source, the cost of holding the auction;
g) expected values are obtained and proposed using revenues from the auction results;
h) unit selection method performs the auctions (bidding extensively or specific units made) or the proposed Council land use rights auction in special cases (for cases established the special auction Board as specified);
I) proposes the organization assigned units to conduct the auction of land use.
Article 7. Preparing the auction records of land use 1. Auction approach base of land use has been approved, the unit was assigned the Organization conducted the auction of land use are responsible for preparing records of land plots auctioned, sent to the resource and environmental agencies to assess before the committees Authority decided to auction the right to use the land.
2. Profile of land plots for auction include: a) the Sheet and draft decision on land-use rights auction;
b) papers related to the current state of management, use of land plots auctioned and technical infrastructure, property associated with the auction of land plots (if any) of the competent authority;
c) information about the planning, land use planning and the planning construction details related to auction land plots were competent State agencies;
d) excerpts maps or cadastral plots of land measuring excerpt auction in case maps;

DD) name, address of the organization unit that conducted the auction of rights to use land plots.
Article 8. The decision to auction the land use 1. The profile base auction land plots due to organizational unit performs the auctions of land use in preparation and evaluation of comments of the Agency of natural resources and the environment, the people's Committee decision authorized the auction of land use.
2. The decision to auction the land use right is expressed in writing and have the following principal contents: a) the legal bases for decision;
b) category, location, an area of land plots, technical infrastructure, assets attached to land plots (if any), purpose, form and time limit of land use is determined for auction;
c) information about the planning, land use planning, planning construction details were competent State agencies approved and other regulations related to the management and use of land plots was decided to auction;
d) name, address of the unit was assigned the Organization conducted the auction of rights to use land plots.
Article 9. Determine and approve the starting price of land plots for auction 1. To base the decision to auction the rights to use land, resources and the environment implementation determine the starting price of land plots auctioned (including land prices, technical infrastructure, assets attached to land if available) under the provisions of the law and the people's committees of provinces and cities under central Government (hereinafter referred to as the provincial people's Committee) for approval.
2. the profile approval starting price of land plots for auction include: a) the Sheet on a starting price of land plots to be auctioned, the technical infrastructure, property on the land (if available);
b) drafted the option price;
c) reported construction demonstration scheme starting price;
d) writing assessment scheme starting price.  
3. the records of the base of the Department of natural resources and the environment, the provincial people's Committee in implementing approved starting price of land plots auctioned. Starting price of the auction of land plots has been approved as a base to conduct the auction of land use.
Article 10. The selection and contracting unit rental make the auctions of land use 1. The base unit selection method made the auction auction approach in land use has been approved; organizational unit performs the auctions of land use are responsible for organizing the selection and contracting unit rental make the auctions of land use under the regulations.
2. The organization of the spacious tender to choose the unit perform the auctioning of land use is made according to approved projects. Organizational unit performs the auctions of land use to the Committee competent to decide establishing tender advice to the construction and evaluation of the bid; report content and bid on mass media at least 2 times; review tenders according to the principles of objectivity, honesty and determination unit of winning bid according to the scale, the criteria stipulated by the law on tender and the specific provisions in local (if any).
For the case of a tender, when most of the time tenders that only a registered unit bid then the organizational unit to conduct the auction of land use and resource agency report the Environment Committee the authority, the decisions for a particular unit has the function of property auction under the provisions of the law to make your auction or continue to reorganize the tenders extensively to select units perform the auctioned land use according to the regulations.
3. The lease units perform the auctioning of land use includes the main content as follows: a) the name, address of the organization unit that conducted the auction of land use; of the unit made the auction of land use;
b) location, an area of land plots auctioned (the case of many plots of land shall establish detailed record appendix attached);
c) auction starting price; 
d) time, location make the auction;
DD) objects, the condition was bidding according to the approved projects;
e) form of auction that are applied when making the auction according to the approved projects;
g) level of charge register to join an auction and the proceeds placed in advance according to the approved projects;
h) method of collecting and processing the subscription money to join an auction, cash advance; method, the level of payment and settlement costs made the auction;
I) the time limit, place and method of delivery records and the minutes of the results of the auction;
k) the rights and obligations of the parties in the implementation of the contract.
4. Organizational Unit performs the auctions of land use was made to sign a contract to rent the unit made the auction in case the auction approach land use has a specific unit interface method implementation of the auction or in the case of the report of the Agency of natural resources and the environment proposed delivery of specific units to make a sale auction as defined in Paragraph 2 of this Article.
Article 11. Monitor the auction of land use 1. The unit performs the auctions of land use are responsible for implementation of the auctioned land use right with the procedures stipulated by the law on property auctions and specific content in the lease made the auction of land use.
2. Organizational Unit performs the auctions of land use rights has the responsibility to send representatives to attend and supervise the implementation of the land-use rights auction. The case specifically, organizational units to perform land use rights auction in cooperation with units made the auction offers resource agency representatives and the environment, justice, finance, local governments where the land auction and representative organization, the other individual related to attend monitoring implementation of the land use rights auction.
Article 12. Approval of the results of the auction of land use 1. Within a period not exceeding 10 working days from the date of handing over records and documents the results made the auction sales of land use rights from units perform the auctioning of land use, the Unit conducted the auction of land use to profile send a resource and environmental agencies to process people's Committee has authority the decision to auction the rights to use land, issued a decision recognizing the results hit the auction of land use.
2. the records issued the decision on recognition of winning auctions of land use, including: a) draft decision on recognition of winning auctions of land use;
b) decided to auction the land use Committee of the people's authority;
c) auction land plots profile;
d) lease holding the auctions of land use;
DD) reported on the Organization of the auction and to make a report on the results of a successful auction of land use.
3. the people's Committee of the Authority signed the decision recognizing the results hit the auction of land use were successful auction to send to the Agency of natural resources and the environment, the Unit conducted the auction of land use rights, tax authorities and people have hit the auction price of land use right. The decision recognized the results hit the auction of land use include the following: a) the legal bases for decision;

b) location, area, purpose, form, duration of use of land and infrastructure, assets attached to land plots (if available);
c) the name, address of the auction winners the right to use land;
d) amount to hit auctions of land use and infrastructure assets attached to land (if available); the method, location, time to pay the money to hit the auction;
Unit) perform land leasing contract and certificate of land use rights, ownership of housing and other assets associated with the auction hit land;
e) responsibilities of agencies, relevant units.
Article 13. Paid land use, land lease after it had decided to recognize the outcome of land use rights auctions hit 1. Within a period not exceeding 10 working days from the date of the decision to recognize the results of the auction hit the people's Committee of the authority, the tax authority sends the notice paid use of land or land rental writing for people who have hit the auction.
2. Notice the paid use of land or land lease includes the following: a) the amount of land use or land rent payable and the method, location, time must be filed according to the results of the auction were hit by the people's Committee of competent accreditation decisions;
b) name, address and account number in the State Treasury to pay land-use or land lease auction hit;
c) the time limit for requesting paid use of land or land lease auction hit;
d) the time limit for delivery of vouchers has paid land use or land lease auction for hit resource and environmental agencies. 
3. auction winners responsible land use rights land use paid into the State Treasury and transfer vouchers has paid for the resource and the Environment Agency for land leasing contract, certificate of land use rights, ownership of housing and other assets tied to the ground according to the regulations.
Article 14. Certificate of right to use land on field for auction winners 1. After having received vouchers filed enough money to hit the auction of land use right of the auction winners, agency of natural resources and environment of the peoples Committee authorized certification of land use rights, ownership of housing and other assets associated with the land; Sign land leasing contract for leasing land under the provisions of Article 5, Paragraph d 68 of Decree No. 43/2014/ND-CP on May 15, 2014 detailing the Government's implementation of some articles of the law of the land.
2. Within a period of not more than 10 working days from the date of the people's Committee of the authorized certification of land use rights, ownership of housing and other assets attached to land hit by auction, the Agency of natural resources and the environment, in collaboration with the organizational unit performs the auctions of land use right and the communal people's Committee Ward, the town where the land auction, implementation of land transfer on field and awarded certificates of land-use rights, ownership of houses and other properties tied to the ground for the Organization, individuals have hit the auction of land use; directing relevant unit implementation update, modify the database, record under the current rules.
Chapter III article 15 ENFORCEMENT TERMS. Effective enforcement of this circular effect since 20 may 2015.
Article 16. Implementation 1. Provincial people's Committee, central cities are responsible for directing, organizing auctions of land use rights to the land charge land use or land rental locally under the guidance of this circular.
2. The Department of natural resources and the environment and the Department of Justice is responsible for the instructions, check the Organization conducted the auction of land use under the provisions of this circular; six months and annually report the Ministry of natural resources and environment, the Ministry of Justice on the implementation of land-use rights auction locally.
In the process, if there are difficulties and obstacles, the proposal reflects the timeliness of the resource and Environment Ministry, the Ministry of Justice to review the decision.