The Ministry of Natural Resources and Environment outlines directions for handling cases of incorrect names in land allocation decisions before the merger date

Huy Hùng |

The name in the land allocation decision is incorrect, citizens wonder which unit has the authority to correct it?

Citizens sent questions to the Ministry of Agriculture and Environment asking about the case where on November 1, 2024, the People's Committee of the district (old) issued a decision on land allocation with land use fees not through the form of auction of land use rights to individuals whose residential land was recovered to implement the project.

Because the family did not pay attention, it was only now that they discovered that their husband's name in the Decision was wrong. Currently, the 3-level local government has been dissolved, citizens ask which unit is responsible for correcting the correct names in the Decision?

Responding to this content, the Ministry of Agriculture and Environment said that according to the provisions of Point a, Clause 2, Article 123 of the Land Law, the People's Committees at the district level decide to allocate land, lease land, and permit land use purpose change for individuals.

At Point m, Clause 1, Article 5 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the authority to decide on land allocation, land lease, and permission to change land use purposes of the People's Committee at the district level prescribed in Clause 2, Article 123 of the Land Law, the Chairman of the People's Committee at the commune level shall implement, specifically: "m) Decision on land allocation, land lease, and permission to change land use purposes for individuals prescribed in Point a, Clause 2, Article 123 of the Land Law...".

Thus, according to current regulations, the authority to decide on land allocation for residential land in the above case belongs to the Citizen Chairman of the People's Committee of the commune where the land is located.

Clause 5, Article 4 of Resolution No. 190/2025/QH15 of the National Assembly regulating the handling of a number of issues related to the arrangement of the state apparatus stipulates:

5. The agency receiving the functions, tasks and powers after the arrangement of the state apparatus continues to perform the tasks and procedures that are being carried out by the agencies subject to the arrangement. In case the work and procedures are being carried out or have been completed before the arrangement of the state apparatus but there are related problems that need to be resolved after the arrangement, the agency receiving the functions, tasks and powers is responsible for coordinating with the relevant agency to resolve those arising problems".

Thus, the adjustment of the Decision on land allocation to individuals is under the authority of the Chairman of the People's Committee of the commune where the land is located. The Ministry recommends that citizens contact the People's Committee of the commune where the land is granted to submit documents to adjust information on the Land Allocation Decision.

Huy Hùng
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