The business won a land auction, how does the business register the right to use the land?
On June 30, 2018, The Luong Gia Joint Stock Company signed a contract to buy and sell auctioned assets with the Civil Judgment Execution Department,purchased and sold assets are assets formed in the future, mortgaged at the Bank and sold for sale by the Judgment Enforcement Sub-Department, including the entire factory area, machinery and equipment, with an area of 7,750m2.
The mortgage has been registered as a security transaction at the Department of Natural Resources and Environment of Hanoi City.
The company has carried out the procedures for buying and selling auctioned assets in accordance with the law, has fulfilled its financial obligations related to auctioned assets with the Judgment Enforcement Sub-department and is carrying out procedures to change the certificate of the right to use leased land for the above-mentioned property.
The company realizes that Decree 43/2014/ND-CP requires the person who purchased the auctioned asset (for security property) to comply with regulations to register the security property on the leased land.After upon approval, the People's Committee of the province/city will recover the old leased land and re-issue the leased land to the property buyer, which is impracticable and inconsistent with reality because the former land user (who is the mortgaged assets with bad debts that have already been executed) do not cooperate to enforce the judgment and carry out procedures for registration of security assets on leased land in order to transfer the leased land to the auctioned asset buyer.
At the same time, the Company believes that the fact that the person who has purchased the auctioned asset has to go through the administrative procedures for permission to buy after completing the process of buying the asset through the auction is not consistent with reality.
Through the receiving and responding systemto businesses' recommendations, the Luong Gia Joint Stock Company would like to request the competent authority to specifically guide the process of changing the land use right certificate for properties for sale. The above-mentioned auction to ensure the effective implementation of the State's land management rights, as well as the legitimate rights and interests of enterprises.
Regarding this issue, the General Department of Land Management - Ministry of Natural Resources and Environment has the following comments:
In Article 84 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, the order and procedures for registration of changes are specified. Land and land-attached assets in case of distrait and auction of land use rights and land-attached assets for judgment enforcement.
Dossiers submitted when carrying out procedures for registration of changes in land use rights or ownership of land-attached assets in case of distrait or auction of land use rights or land-attached assets for judgment enforcement shall comply with the provisions of Clause 5, Article 9 of the Circular No. 24/2014/TT-BTNMT dated May 19, 2019 of the Ministry of Natural Resources and Environment on regulations on cadastral records, as amended and supplemented. In Clause 3, Article 7 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 Ministry of Natural Resources and Environment. The Government amends and supplements a number of decrees detailing the implementation of the Land Law and amends and supplements a number of articles of the circulars guiding the implementation of the Land Law.
The General Department of Land Management proposed the Company to study the above regulations to complete the dossier, contact the competent State agency to register changes in land use rights and ownership of attached assets, land in accordance with the law.
By: Online Newspaper of the Government / Translator: HaiYen-Bizic
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