The Tien Bo Group Joint Stock Company (in Thai Nguyen Province) won the land auction and paid 100% of the auctioned asset value. The company, bank, and auction organization have fully implemented the procedures in accordance with the law on asset auction.

The auctioned property consists of 3 land plots which are rural land. Residential land is only granted to households and individuals. Therefore, it is not possible to carry out administrative procedures to transfer the name of the Land Use Right Certificate as prescribed.

According to the provisions of the Land Law, the recipient of the land use right with a land type of a long term can use it. The company can use the land for a long time with the purpose of using the land to build the office.

Through the receiving and responding system to businesses' recommendations, hewould like to ask, can hiscompany apply to change the purpose of the above-mentioned land plots from residential land to land for building the office? If possible, what procedures should be carried out in accordance with the law, or to exercise the right to be granted the Certificate of the auction winner, what procedures should his company perform?

Regarding this issue, The General Department of Land Management, the Ministry of Natural Resources and Environment has the following comments:

The proposal of the Tien Bo Group Joint Stock Company did not specify the auction (the time of auction; auction of land use rights for judgment enforcement, settlement of security assets or other cases), so the General Department of Land Management has no basis to answer specifically.

In case the auction is carried out at the time the Land Law 2013 and the guiding documents on the implementation of the Land Law come into force, the principle of auction of land use rights, cases of auction of land use rights, and other cases of land use right auction shall take effect. Land use right auction and cases where land use rights are not auctioned, the implementation of land use right auctions is specified in Articles 117, 118, 119 of the Land Law2013.

The provisions of land for stable and long-term use shall comply with the provisions of Articles 125 and 128 of the Land Law.

The conversion of residential land use purpose to land for construction of an agency's headquarters must comply with the provisions of Clause 3, Article 147 of the Land Law.

The proposal of the Tien Bo Group Joint Stock Company did not specify the auction (the time of auction; auction of land use rights for judgment enforcement, settlement of security assets or other cases), so the General Department of Land Management has no basis to answer specifically.

In case the auction is carried out at the time the Land Law 2013 and the guiding documents on the implementation of the Land Law come into force, the principle of auction of land use rights, cases of auction of land use rights, and other cases of land use right auction shall take effect. The Land use right auction and cases where land use rights are not auctioned, the implementation of land use right auctions is specified in Articles 117, 118, 119 of the 2013 Land Law.

The provisions of land for stable and long-term use shall comply with the provisions of Articles 125 and 128 of the Land Law.

The conversion of residential land use purpose to land for construction of an agency's headquarters must comply with the provisions of Clause 3, Article 147 of the Land Law.

The registration of change of residential land use purpose to land for construction of the agency's headquarters shall comply with the provisions of Point dd, Clause 4, Article 95 of the Land Law; Article 12 of Circular No. 33/2017/TT-BTNMT dated September 29, 2017 of the Ministry of Natural Resources and Environment detailing Decree No. 01/2017/ND-CP dated January 6, 2017 of the Government amending the Decree No. amending and supplementing a number of decrees detailing the implementation of the Land Law and amending and supplementing a number of articles of the circulars guiding the implementation of the Land Law.

The grant of certificates of land use rights and ownership of houses and other land-attached assets to the winning land users shall comply with the provisions of Point dd, Clause 1, Article 99 of the Land Law. And Article 84 of Decree No. 43/2014/ND-CP, except for land specified in Clause 6, Article 19 of Government's Decree No. 43/2014/ND-CP.