The Vietnamese government has issued Resolution No. 66.11, addressing challenges and bottlenecks in land use rights auctions for residential land allocation as per the Land Law.
This resolution outlines regulations for deposit payments in land use rights auctions for individuals and penalties for auction winners who violate payment obligations. It also introduces measures to prevent profiteering and misconduct, including land auction deposit forfeiture.
Specifically, the resolution details deposit requirements for participating in land use rights auctions for residential land allocation to individuals, as stipulated in the Land Law.
Article 39 of the 2016 Asset Auction Law (amended in 2024) states that for land use rights auctions involving residential land allocation to individuals, the deposit must be between 5% and 20% of the starting price.
The resolution raises the deposit requirement to a minimum of 10% and a maximum of 50% of the starting price for such auctions. This increase aims to deter bidders from making inflated bids with the intention of profiting and then defaulting.
Additionally, the resolution provides detailed penalties for auction winners who fail to fulfill their payment obligations for residential land use rights.
According to the resolution, individuals who win auctions for residential land use rights but violate payment obligations, leading to the cancellation of auction results, may face bans from participating in similar auctions. The duration of the ban ranges from 2 to 5 years for non-payment and 6 months to 3 years for partial payment.
The authority responsible for approving auction results for residential land use rights is also empowered to impose these bans.
Within 10 days of canceling the auction results, the competent authority must review and issue a ban on the auction winner’s participation in future auctions as per the regulations.
The ban decision, its publication on the National Asset Auction Portal, and the process for appeals and lawsuits are governed by existing legal provisions.
This resolution takes effect from January 6, 2026, until February 28, 2027.
If new laws, National Assembly resolutions, ordinances, or Standing Committee of the National Assembly resolutions are amended or enacted after this resolution’s adoption and before March 1, 2027, the corresponding provisions in this resolution will cease to apply.
During the resolution’s effective period, in cases where its provisions on deposits and auction participation bans for residential land use rights conflict with other relevant legal documents, the resolution’s provisions will prevail.
Hanoi Offers Land Use Fee Exemptions and Reductions for Meritorious Individuals
Hanoi has established a preferential policy for land use fee exemptions and reductions, specifically benefiting individuals who have rendered meritorious services to the revolution and the families of martyrs.
