Resolution 66.11/2026/NQ-CP removing difficulties related to the auction of land use rights in residential land allocation under the Land Law

RESOLUTION

On removing difficulties related to the auction of land use rights in case of residential land allocation under the Land Law

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Property Auction No. 01/2016/QH14, amended and supplemented under Law No. 37/2024/QH15;

Pursuant to the National Assembly's Resolution No. 206/2025/QH15 on the special mechanism for handling difficulties and obstacles caused by legal provisions;

At the proposal of the Minister of Justice;

The Government hereby promulgates the Resolution on removing difficulties related to the auction of land use rights in case of residential land allocation under the Land Law.

Article 1. Scope of regulation

This Resolution provides for the deposit for participation in the auction of land use rights in case of residential land allocation to individuals; and the handling of violations against winners of land use rights auctions in case of residential land allocation, who violate the obligation to pay the winning auction amount for land use rights in accordance with the land law and other relevant laws.

Article 2. Deposit for participation in the auction of land use rights in case of residential land allocation to individuals

In case of auction of land use rights for residential land allocation to individuals in accordance with the Land Law, the minimum deposit shall be 10% and the maximum deposit shall be 50% of the reserve price.

Article 3. Handling of violations against winners of land use rights auctions in case of residential land allocation

1. Winners of land use rights auctions in case of residential land allocation who violate the obligation to pay the winning auction amount for land use rights, resulting in the cancellation of the decision recognizing the auction result, shall, depending on the nature and severity of the violation, be prohibited from participating in auctions of land use rights in case of residential land allocation as follows:

a) From 02 years to 05 years, if the winner fails to pay the winning auction amount;

b) From 06 months to 03 years, if the winner fails to fully pay the winning auction amount.

2. The agency competent to approve the winning result of the auction of land use rights in case of residential land allocation to individuals shall be the one competent to decide on the prohibition from participation in auctions as prescribed in Clause 1 of this Article.

Within 10 days from the date of issuance of the decision on cancellation of the decision recognizing the result of the auction of land use rights, the agency competent to decide on the prohibition from participation in auctions shall consider and issue the decision on prohibition from participation in auctions against the winner of land use rights auction in accordance with Clause 1 of this Article.

3. The contents of the decision on prohibition from participation in auctions; the sending and posting of such decision on the National Property Auction Portal; complaints, lawsuits, and the statute of limitations for handling violations shall comply with Clauses 3 and 4, Article 25, and Article 26 of the Government’s Decree No. 172/2024/ND-CP dated December 27, 2024, detailing a number of articles of the Law No. 01/2016/QH14 on Property Auction, which has a number of articles amended and supplemented under Law No. 37/2024/QH15.

Article 4. Effect

1. This Resolution takes effect from January 06, 2026, to the end of February 28, 2027.

2. In case laws, resolutions of the National Assembly, ordinances, or resolutions of the National Assembly Standing Committee are amended, supplemented, or newly promulgated after the date this Resolution is adopted and before March 01, 2027, the corresponding provisions of this Resolution shall cease to be effective.

3. During the effective period of this Resolution, if the provisions on deposits and prohibition from participation in auctions of land use rights in case of residential land allocation under this Resolution differ from those of relevant legal normative documents, the provisions of this Resolution shall prevail.

Article 5. Implementation organization

The Ministry of Justice shall, within the ambit of its functions and duties, take responsibility for reviewing and proposing amendments and supplements to Point b, Clause 1a, Article 39; Clauses 2 and 3, Article 70 of the National Assembly's Law on Property Auction No. 01/2016/QH14 dated November 17, 2016, as amended and supplemented under the National Assembly’s Law on Price No. 16/2023/QH15 dated June 19, 2023, and Law No. 37/2024/QH15 dated June 27, 2024, amending and supplementing a number of articles of the Law on Property Auction, in order to ensure consistency and uniformity.