The time when Decree No. 148/2020/ND-CP dated December 18, 2020 of the Government amending and supplementing a number of decrees detailing the implementation of the Land Law came into force (February 8, 2021), the project has not yet been allocated land for lease.

By December 19, 2021, the Provincial People's Committee adjusted the investment policy due to the phased adjustment of the project implementation, did not adjust the form of investor selection as auction of land use rights according to Article 14b of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government detailing the implementation of a number of articles of the Law Land (added in Clause 12, Article 1 of Decree No. 148/2020/ND-CP); therefore, the Department of Natural Resources and Environment allocates and leases land to investors without auction.

Mr. Do Trong Khoi (Quang Binh) asked, is the commercial and service land for the project on land allocation without auction in accordance with the law?

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

Regarding the land use right auctions and the cases where land use rights are not auctioned as prescribed in Article 118 of the 2013 Land Law and Article 14b 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 (amended and supplemented according to the provisions of Decree No. 148/2020/ND-CP dated December 18, 2020 of the Government amending and supplementing a number of decrees detailing the implementation of the Land Law).

In order to conclude that the implementation of procedures for land allocation and land lease in the locality is in accordance with the provisions of law or not, it is necessary to conduct inspection and examination in accordance with the prescribed procedures. 

Therefore, the Ministry of Natural Resources and Environment has no basis for a specific answer. In case Mr. Do Trong Khoi finds that the land allocation or land lease is not in accordance with the law or his rights are violated, he shall send an application to the competent agency in accordance with the provisions of the Law on Complaints and the Law on Denunciations.