The Ministry of Agriculture and Environment received a petition from voters in Thanh Hoa province with the content: "Voters in Ha Long commune proposed amending Article 56 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government, allowing the signing of contracts without auction for cases that have been and are leasing land, allowing the continued extension of contracts for farm land that has been invested in, and production renovation no longer resembles the original leased land plot.
Regarding this proposal, the Ministry of Agriculture and Environment reports to the National Assembly Delegation and voters of Thanh Hoa province as follows:
Clause 2, Article 179 of the 2024 Land Law stipulates that agricultural land funds are used for public purposes of communes, wards, and towns for the following purposes: (1) Construction of cultural, sports, entertainment, public entertainment, health, education, markets, cemeteries and other public works invested, managed, and used by commune-level People's Committees; construction of houses of gratitude, houses of compassion, houses of great solidarity; (2) Compensation for people whose land is recovered when building cultural, sports, entertainment, public facilities, health, education, markets, cemeteries and other public works invested, managed, and used by commune-level People's Committees; construction of houses of gratitude, houses of compassion, houses of great solidarity.
Clause 3, Article 179 of the Law stipulates that for this fund that has not been used for public purposes, the commune-level People's Committee leases it to individuals in the locality for agricultural production and aquaculture in the form of auctions. The land use term for each lease is no more than 10 years.
Article 56 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law (amended and supplemented in Clause 10, Article 4 of Decree No. 226/2025/ND-CP dated August 15, 2025) stipulates the auction of land use rights for agricultural land areas not yet used for public purposes. The 2024 Land Law has allowed agricultural land funds used for public purposes that have been established according to the provisions of land law through periods to continue to be used to serve the public needs of the locality.
In case the locality no longer needs to use this land fund for public purposes of the locality, it shall develop a plan to remove it from the land fund used for public purposes of the locality to allocate land and lease land to exploit land resources for socio-economic development of the locality according to the land use plan and plan approved by competent authorities.
