“Auction Bidding Results in Higher Prices Than Reserve Prices”

Through our investigations, it has been revealed that the winning bid prices are significantly higher than the reserve prices. This phenomenon can be attributed to the overall upward trend in the real estate market, which is currently on a path to recovery. The land-use rights auction took place at a unique juncture, between the phasing out of the 2013 Land Law and the introduction of the 2024 Land Law.

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Regarding the recent reports of land auction prices soaring far beyond the starting bid, with some abnormal cases, Deputy Minister of Natural Resources and Environment Le Minh Ngan provided insights at the regular Government press conference for August, held on September 7th.

According to Deputy Minister Le Minh Ngan, the Prime Minister has been keenly interested in and vigorously directing the implementation of the Land Law to ensure its practical effectiveness. This includes ensuring its positive impact on socio-economic development, national defense, security, and sustainable environmental protection. A key aspect of this is land pricing and auctioning land use rights.

Following media reports of land auction prices soaring far above the starting bid, with some abnormal cases, the Prime Minister issued Dispatch No. 482. This dispatch instructed the Ministry of Natural Resources and Environment, the Ministry of Justice, the Ministry of Finance, the Ministry of Construction, and the People’s Committee of Hanoi to inspect, review, and evaluate the situation to identify causes and propose solutions.

Deputy Minister Le Minh Ngan: “The abnormal land auction situation is partly due to the overall upward trend in the recovering real estate market…”

Even before receiving the Prime Minister’s dispatch, the Ministry of Natural Resources and Environment had proactively formed an inspection team in collaboration with the People’s Committee of Hanoi. They conducted a review and evaluation of the land auctions and followed the Prime Minister’s directives.

Initial findings indicate that local authorities have taken steps to tightly control the auctioning of land use rights before organizing the auctions. This includes forming supervisory organizations and deploying security forces to maintain order during the auctions. Following the auction results and media coverage, the authorities have proactively directed a review of transactions in the area, especially for the auctioned land plots.

“The inspection team’s assessment confirmed that the winning bids were indeed significantly higher than the starting prices,” said Deputy Minister Le Minh Ngan, as he provided initial explanations for this situation.

Firstly, there is an overall upward trend in the recovering real estate market, with a healthy growth in transaction prices in both the primary and secondary markets since the beginning of 2024. This is especially true for real estate with clear legal status and well-invested technical infrastructure in areas with important transportation infrastructure developments, such as Hoai Duc and Thanh Oai districts, which attract both homebuyers and investors.

Secondly, the land use rights auctions took place during a transitional period between the Land Law of 2013 expiring and the Land Law of 2024 coming into force, as well as between the Law on Real Estate Business of 2014 and the Law on Real Estate Business of 2023. As a result, the auction process was subject to a shift from the old legal framework to the new one, which includes determining land prices as the starting point for land use rights auctions.

Deputy Minister Le Minh Ngan shared that the Prime Minister has instructed the Ministry of Natural Resources and Environment to work with the Ministry of Justice, the Ministry of Finance, the Ministry of Construction, and the People’s Committee of Hanoi to identify the most specific causes. The Ministry of Natural Resources and Environment has sent documents to the relevant agencies to obtain further information and will hold meetings to ensure a multi-dimensional assessment, taking into account the perspectives and regulations of multiple agencies. This comprehensive approach will help identify the root causes and propose effective solutions.

“If the evaluation reveals that the causes are due to flaws in the policies and have a universal impact on land use rights auctions nationwide, we will propose amendments, supplements, or adjustments to the relevant legal documents,” emphasized Deputy Minister Le Minh Ngan.

However, if the issue is not due to policy flaws but rather implementation problems, the Ministry of Natural Resources and Environment will propose and advise local authorities to thoroughly review and evaluate auction plans, land price determination, and auction organization to ensure compliance with legal regulations and maintain stability in land auctions.

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