According to the opinion of the Department of Natural Resources and Environment, even the projects implemented by the State to recover land for socio-economic development for the sake of the national and public interests must also complete the procedures for land allocation. If it is not done correctly, it will violate Article 12 of the 2013 Land Law, Mr. Danh asked, is that correct? Does a project allow to issue a decision on land allocation in multiple times?

Mr. Danh said that projects subject to land recovery by the State for socio-economic development for the sake of national and public interests do not have to require land allocation procedures before deploying because when the notice of land acquisition is announced, the land is specifically stated that the purpose of land acquisition is for project implementation.

The Ministry of Natural Resources and Environment responded to this issue as follows:

The order and procedures for land allocation and land lease are specified in Article 68 of the Government's Decree No. 43/2014/ND-CP dated May 15, 2014 detailing the implementation of a number of articles of the Land Law:

"Article 68. Order and procedures for land allocation, land lease, permission to change the use purpose of rice-growing land, protection forest land, and special-use forest land for other purposes

1. The order and procedures for appraising land use demands, appraising conditions for land allocation, land lease, and permission for land use purpose change are prescribed as follows:

a) The applicant for land allocation, land lease or permission to change the land use purpose shall submit an appraisal dossier at the natural resources and environment agency.

For investment projects that have been decided by the National Assembly or approved by the Prime Minister, the appraisal procedures specified in this Clause are not required;

b) Within 30 days from the date of receipt of a complete and valid dossier, the natural resources and environment agency shall send an appraisal document to the investor for preparation of a dossier of application for land allocation, land lease or change of land use purpose. 

The time limit specified at this point does not include the time for carrying out procedures for permission to change the use purpose of rice-growing land, protection forest land or special-use forest land for the implementation of investment projects specified in Clause 2 of this Article;

c) The Ministry of Natural Resources and Environment shall provide specific regulations on appraisal of land use needs, appraisal of conditions for land allocation and land lease, and permission for land use purpose change.

2. The order and procedures for permitting the change of land use purpose for rice cultivation, protection forest land, and special-use forest land for the implementation of investment projects are prescribed as follows:

a) The natural resources and environment agency is responsible for summarizing the demand for changing the use purpose of rice cultivation land, special-use forest land and protection forest land for implementation of investment projects in the locality and submitting it to the People's Committee of the same level for reporting to the superior People's Committee or the Ministry of Natural Resources and Environment;

b) Within no more than 10 working days from the date of receipt of complete and valid dossiers, the People's Committee of the province shall preside over the appraisal and submit it to the People's Council of the province for approval before the competent People's Committee decides on the change of land use purpose; The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development in, appraising and submitting to the Prime Minister for approval the change of land use purpose before the competent People's Committee decides on the change of land use purpose. 

c) After the Prime Minister has approved in writing the change of land use purpose, the People's Council of the province shall issue a resolution on the change of land use purpose, the People's Committee of the competent level shall perform the land recovery, land allocation, land lease, change of land use purpose.

3. The order and procedures for land allocation or land lease, in case of land allocation or land lease without the form of auction of land use rights, are prescribed as follows:

a) The natural resources and environment agency shall guide the investor to compile dossiers of application for land allocation or land lease and fulfill financial obligations as prescribed by law; submit to competent People's Committees for decision on land allocation or land lease; sign land lease contract in case of land lease;

b) The person to whom land is allocated or leased shall pay land use levy in the case of land allocation with collection of land use levy, and pay land rent in the case of land lease;

c) The natural resources and environment agency shall submit to the competent state agency for granting the Certificate of land use rights and ownership of houses and other land-attached assets; organize the allocation of land in the field and award the Certificate to the person who is allocated or leased land; directing the updating and correction of land databases and cadastral records.

4. In case of land allocation or land lease not through auction of land use rights for the implementation of projects specified in Articles 61 and 62 of the Land Law, there are a number of steps to prepare for land allocation and for Land lease shall be carried out concurrently with the order and procedures for land recovery according to the following regulations:

a) During the implementation of the plan for land recovery, investigation, survey, measurement and tally, the investor may conduct survey and measurement to formulate an investment project in accordance with the law on investment. investment and construction law; competent agencies carry out procedures for appraising the investor's land use needs, appraising land allocation and land lease conditions;

b) During the implementation of the approved compensation, support and resettlement plan, the investor may submit an application for land allocation or land lease without having to wait until the site clearance is completed.

5. The order and procedures for land allocation or lease of cleared land, in case of land allocation or land lease through auction of land use rights, are prescribed as follows:

a) Based on the district's annual land use plan approved by a competent state agency, the natural resources and environment agency directs the formulation of a land use right auction plan and submits it to the People's Committee of the same level for approval;

b) The organization selected to conduct the auction according to the approved land use right auction plan shall organize an auction of land use rights;

c) Competent People's Committees shall issue decisions on recognition of auction winning results;

d) After the auction winner has fulfilled his financial obligations, the natural resources and environment agency shall submit it to the competent authority for issuance of a Certificate and sign a land lease contract in the case of land lease; organize the allocation of land in the field and award the Certificate; directing the updating and correction of land databases and cadastral records.

In case the auction winner fails to pay enough money as required, the natural resources and environment agency shall request the competent People's Committee to cancel the decision on recognition of the auction winning result.

6. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Justice in, prescribing the organization of auctions of land use rights when the State allocates or leases land.

In order to have a basis for specific instructions, it is recommended that you study the above regulations, contact the natural resources and environment agency of Phu Yen province for guidance and settlement in accordance with the provisions of law.