Overview of the Results of Land Use Rights Auction in Son La City

households 7,865.1 accounting for 24.36%; special-use forest land 40.9 ha accounting for 0.13% compared to the total natural area).

- Aquaculture land: 237.1 ha, accounting for 0.73% of the total natural area.

- Other agricultural land: 0.9 ha.

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3.2.2.2 Non-agricultural land

Non-agricultural land includes: 2,640.9 ha, accounting for 8.18% of the total natural area, of which:

- Residential land: 811.2 ha, accounting for 2.51% of the total natural area (including: rural residential land 281.8 ha, accounting for 0.87%; urban residential land 529.4 ha, accounting for 1.64% of the total natural area).

- Specialized land: 1,467.7 ha, accounting for 4.55% of the total natural area. Including the following types of land:

+ Land for building agency headquarters: 41.1 ha, accounting for 0.13%.

+ National defense land: 131.7 ha, accounting for 0.41%.

+ Security land: 16.0 ha, accounting for 0.05%.

+ Land for construction of public works: 212.4 ha, accounting for 0.66%.

+ Land for non-agricultural production and business: 175.8 ha, accounting for 0.54%.

+ Land for public purposes: 890.7 ha, accounting for 2.76%.

- Religious land: 14.5 ha, accounting for 0.04%.

- Land for cemeteries and graveyards: 221.9 hectares, accounting for 0.69% of the total natural area.

- Land of rivers, streams, canals, ditches, and streams: 81.5 hectares, accounting for 0.25% of the total natural area.

- Land with specialized water surface: 38.0 ha, accounting for 0.12% of the total natural area.

- Other non-agricultural land: 6.1 ha, accounting for 0.02% of the total natural area.

3.2.2.3 Unused land

Unused land includes: 1,655.4 ha, accounting for 5.13% of the total natural area, of which: unused hilly land 322.1 ha, accounting for 1.00%; rocky mountains without forests 1,333.3 ha, accounting for 4.12% of the total natural land area.

Agricultural land

Non-Agricultural Land Unused Land

Table 3.2. Structure of land types in 2019 of Son La City

Implementing Decision 513/QD-TTg of the Prime Minister, Son La city has completed the planning of the city's administrative boundaries. According to the results of the city's land inventory in 2019, the total natural area of ​​the city is 32,293.2 hectares, a decrease of 58.25 hectares compared to 2014 (32,351.6 hectares). Due to the adjustment of administrative boundaries between communes and wards in the city and between the city and Thuan Chau district, Mai Son district, Muong La district.

3.3. Overview of the results of land use rights auction in Son La city

3.3.1. Legal documents on land use rights auction in Son La city

- Decision No. 23/QD-UBND dated October 20, 2014 of the People's Committee of Son La province on promulgating regulations on auctioning land use rights to allocate land with land use fees and lease land in Son La province.

- Decision No. 1138/QD-UBND dated May 8, 2017 of the People's Committee of Son La province on adjusting the land use planning until 2020, land use plan for 2017 of Son La city, Son La province.

- Decision No. 306/QD-UBND dated February 3, 2016 of the People's Committee of Son La province on authorization to decide on starting price for auction of land use rights in Son La province.

- Decision No. 2465/QD-UBND dated July 25, 2016 of Son La City People's Committee on approving the detailed construction planning at a scale of 1/500 of the Son La Provincial Buddhist Cultural - Administrative Center.

- Decision No. 2431/QD-UBND dated October 13, 2016 of the People's Committee of Son La province on approving specific land prices to serve as a basis for determining the starting price for auction of 18 land plots at the Administrative - Cultural Center of Son La province.

- Decision No. 2856/QD-UBND dated October 24, 2016 of Son La City People's Committee on auctioning the right to use 18 plots in the administrative center - Buddhist culture of Son La province.

- Decision No. 2889/QD-UBND dated October 27, 2016 of Son La City People's Committee on approving the starting price for auctioning the right to use 18 plots in the administrative center - Buddhist culture of Son La province.

- Decision No. 1429/QD-UBND dated March 21, 2017 of the People's Committee of Son La city on approving the auction results of the right to use 18 land plots at the Administrative - Cultural Center of Son La province (Ban Sang, Chieng Sinh ward, Son La city, Son La province).

- Decision No. 3131/QD-UBND dated December 30, 2017 of the People's Committee of Son La province on approving the detailed urban construction planning project at a scale of 1/500 along Nam La stream (Chieng Coi - Chieng Xom section) of Son La city, Son La province.

- Decision No. 499/QD-UBND dated March 12, 2018 of the People's Committee of Son La province on approving the 2018 Land Use Plan of Son La city, Son La province.

- Decision No. 1125/QD-UBND dated March 15, 2018 of the People's Committee of Son La province on approving specific land prices to serve as a basis for determining the starting price for auction of 26 land plots in lot number OC04 in the Nam La stream embankment planning area (Me Ban village, Chieng Coi ward, Son La city, Son La province).

- Decision No. 1254/QD-UBND dated March 24, 2018 of Son La City People's Committee on auctioning the right to use 26 plots in Nam La stream embankment planning area (Me Ban village, Chieng Coi ward, Son La city, Son La province).

- Decision No. 1335/QD-UBND dated March 28, 2018 of Son La City People's Committee on approving the starting price for auctioning the right to use 26 plots in Nam La stream embankment planning area (Me Ban village, Chieng Coi ward, Son La city, Son La province).

- Decision No. 1517/QD-UBND dated April 11, 2018 of Son La City People's Committee on approving the auction results of the right to use 26 land plots in Nam La stream embankment planning area (Me Ban village, Chieng Coi ward, Son La city, Son La province).

- Decision No. 313/QD-UBND dated February 1, 2019 of the People's Committee of Son La province on approving the 2019 Land Use Plan of Son La city, Son La province.

- Decision No. 12/2019/QD-UBND dated April 13, 2019 of the People's Committee of Son La province on decentralization of authority to approve starting prices for auctions of land use rights when the State allocates land with land use fees, leases land, leases land with water surface in Son La province.

- Decision No. 368/QD-UBND dated February 5, 2019 of the People's Committee of Son La province on approving specific land prices to serve as a basis for determining the starting price for auction of 34 land plots in lot LK01 in the Residential Planning Area lot 4B - Nam La stream embankment (Group 9, Chieng Le Ward, Son La city, Son La province).

- Decision No. 587/QD-UBND dated February 23, 2019 of the People's Committee of Son La city on the auction of the right to use 34 plots of lot number LK01 in the Residential planning area lot 4B - Nam La stream embankment (group 9, Chieng Le ward, Son La city, Son La province).

- Decision No. 649/QD-UBND dated March 2, 2019 of the People's Committee of Son La city on approving the starting price for auctioning the right to use 34 plots, belonging to lot number LK01 in the Residential planning area lot 4B - Nam La stream embankment (group 9, Chieng Le ward, Son La city, Son La province).

- Decision No. 928/QD-UBND dated April 25, 2019 of the People's Committee of Son La city on approving the auction results of the right to use 34 plots, belonging to lot number LK01 in the Residential planning area lot 4B - Nam La stream embankment (group 9, Chieng Le ward, Son La city, Son La province).

3.3.2. Regulations on land use rights auction

Each different auction has different specific regulations, with some unique characteristics, but all are based on the general regulations, which are Decision 216/2005/QD-TTg dated August 31, 2005 of the Prime Minister on promulgating regulations on auctioning land use rights to allocate or lease land with land use fees; Law on Property Auction No. 01/2016/QH14 dated November 17, 2016; Decree No. 44/2014/ND-CP dated May 15, 2014 of the Government regulating land prices; Decree No. 62/2017/ND-CP dated May 15, 2014 of the Government detailing a number of articles and measures to implement the Law on Property Auction; Joint Circular No. 14/2015/TTLT-BTNMT-BTP dated April 4, 2015 of the Ministry of Natural Resources and Environment and the Ministry of Justice regulating the organization of land use rights auctions for land allocation with land use fee collection or land lease.

3.3.2.1. Organization assigned to auction land use rights and auction participants

- Son La City Land Fund Development Center was established as a public service unit, with the function of organizing the implementation of legal processes and procedures.

Manage and perform the functions and tasks of the Center in the fields of compensation, site clearance, land valuation, land fund creation, management and development.

- Auction participants include: Economic organizations, households, and individuals who are eligible to be allocated land by the State with land use fees or leased land according to the provisions of the Land Law (collectively referred to as auction participants), have financial capacity and need to use land to implement investment projects or build houses according to the planning approved by competent State agencies.

- Other subjects related to land use rights auction to allocate land with land use fee collection, land lease.

3.3.2.2 . Principles of land use rights auction

Auction of land use rights must be carried out according to certain principles, ensuring the rights of the subjects when participating in this legal relationship. Regulations on auction principles are based on the principles of auction activities in general and the specific characteristics of land use rights auction activities. According to Article 117 - Land Law 2013, this activity must ensure the following 2 principles:

- Land use rights auctions are conducted publicly, continuously, objectively, honestly, equally, and protect the legitimate rights and interests of the participating parties.

- The auction of land use rights must follow the correct procedures and regulations of the law on land and the law on property auctions.

3.3.2.3 . Rights and responsibilities of the auction organizer

a. Benefits

- Have the right to evaluate prices, collect money according to the winning bid results and manage and use the collected money according to the provisions of the State Budget Law, and exercise management rights according to the Investment Management Regulations.

- Require the party signing the land use rights auction contract to provide complete documents related to the land plot and land area for land use rights auction.

- The contracting party shall pay the costs related to the auction of land use rights according to the provisions of Circular No. 48/2017/TT-BTC of the Ministry of Finance dated May 15, 2017 regulating the financial regime in property auction activities.

b. Responsibility

- Publicly announce the auction invitation documents, including information related to the land plot and auction (except for elements that must be kept confidential according to regulations).

- Develop and promulgate regulations on land use rights auctions as a basis for organizing auctions.

- Check, determine the qualifications of auction participants and evaluate prices.

- Confirm the winning bid results as a basis for competent authorities to allocate (lease) land.

- The auction council is responsible for completing legal procedures, recognizing the winning bid results and completing procedures to deliver land to the winning bidder.

3.3.2.4. Rights and obligations of auction participants

a. Benefits

- Ensure safety while participating in the auction.

- If you do not win the bid or do not continue to participate in the auction, your deposit will be refunded immediately after the auction.

- The winning bidder will have the winning bid confirmed and complete the procedures to receive land and establish land use rights according to regulations.

- In case the successful bidder for a land allocation project with a term of use expires, if there is a need to continue using the land, the term of use can be extended and the financial obligations to the State must be paid at the time of extension.

b. Obligations

- Auction participants must have a valid application for participation in the auction according to the pre-printed form of the Auction Council, and submit the application within the time limit specified in the Auction Council's notice of land use rights auction.

- When entering the auction room, bidders must bring the auction participation form issued by the Auction Council and their identity card. In case they do not have an identity card, they must submit a request for confirmation from the police of the commune or ward where they reside.

- When participating in the auction, you must strictly comply with the auction regulations.

3.3.3. Procedure for implementing a land use rights auction project

The process consists of 7 steps:

Step 1 : Prepare and approve the land use rights auction plan

According to the provisions of Article 6 of Circular 14/2015/TTLT-BTNMT-BTP: The unit assigned to manage the land fund (Land Fund Development Center) shall prepare a plan for auctioning land use rights, and the Department of Natural Resources and Environment shall submit it to the People's Committee of the same level for approval.

Step 2 : Prepare documents for land use rights auction. Documents include:

- Submission and draft decision;

- Documents related to the current status of management and use of the auctioned land plot;

- Information on planning and land use plans;

- Name and address of the organization conducting the auction of land use rights.

Department of Natural Resources and Environment appraises and submits to District People's Committee for approval.

Step 3 : Prepare a dossier to determine and submit to the competent authority for approval of the starting price of the land plot auctioned for land use rights to allocate land, lease land with one-time land rental payment for the entire lease term.