The Ministry of Agriculture and Environment received a petition from voters in Bac Ninh province with the content: According to the provisions of Article 5 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulating the decentralization of authority of local authorities at 02 levels, decentralization and decentralization in the field of land, it is stipulated to assign the Chairman of the Commune-level People's Committee to implement a number of contents under the authority of the District-level People's Committee (old), including the matter of "Deciding to approve the plan for compensation, support, and resettlement specified in point c, clause 3, Article 87 of the Land Law".
Meanwhile, point c, clause 2, Article 87 of the Land Law stipulates: The commune-level People's Committee where land is recovered is responsible for determining the origin of recovered land and assets attached to recovered land. The above regulations are not reasonable with the current commune-level government model (the commune level currently has a professional department advising on land management). Therefore, it is proposed to consider submitting amendments to Decree No. 151/2025/ND-CP in the direction of assigning a professional department with the function of managing commune-level land to determine the origin of recovered land and assets attached to recovered land according to the provisions of point c, clause 2, Article 87 of the 2024 Land Law.
Regarding this proposal, the Ministry of Agriculture and Environment reports as follows:
- Clause 5, Article 21 of the 2024 Land Law stipulates "5. Local authorities at all levels are responsible for state management of land in the locality according to the authority prescribed by this Law.
According to the provisions of point a, clause 4, section IV, Part II of Appendix I issued together with Decree No. 151/2025/ND-CP on the order and procedures for compensation, support, resettlement, and land recovery for national defense and security purposes; socio-economic development for national and public interests, the unit or organization performing the task of compensation, support, and resettlement shall preside over and coordinate with the People's Committee of the commune where the land is recovered, relevant agencies and people with recovered land to determine the origin of recovered land and assets attached to recovered land.
- According to the provisions of Clause 5, Article 22 and Article 25 of the Law on Organization of Local Government No. 72/2025/QH15, the Commune-level People's Committee has the authority to stipulate the tasks and powers of specialized agencies and other administrative organizations under its People's Committee level. At the same time, according to the provisions of Clause 1, Article 14 of Decree No. 49/2026/ND-CP, the Provincial-level People's Committee shall base on the Law on Organization of Local Government, Resolution No. 190/2025/QH15 of the National Assembly on handling a number of issues related to the arrangement of the state apparatus and the actual situation of the locality to decide on the decentralization and authorization of agencies and people with authority to implement tasks on land recovery, compensation, support, and resettlement accordingly.
Based on the above legal regulations, when the State recovers land, the unit or organization performing the task of compensation, support, and resettlement is responsible for presiding over and coordinating with the commune-level People's Committee where the land is recovered to determine the origin of the recovered land and assets attached to the recovered land to develop a plan for compensation, support, and resettlement. Because the commune-level People's Committee is the state management agency for land, the determination of the origin of the recovered land must be carried out by the commune-level People's Committee to ensure consistency with local land management work.
