Citizens send questions to the Ministry of Agriculture and Environment with the content:
The content stipulated in Clause 1, Article 28 of Decree No. 102/2024/ND-CP states: Within 10 days from the date of receiving the document attached to the project dossier sent by the investor, the unit or organization responsible for performing the task of compensation, support, and resettlement shall preside over and coordinate with relevant agencies to consider the grounds and conditions for land recovery specified in Article 80 of the Land Law to develop a land recovery plan.
Placed in the context that there is a Regional Land Fund Development Branch and the investor signed a contract with the Provincial Land Fund Development Center. Personally, I understand that "the organization responsible for performing the task of compensation, support, and resettlement is the presiding agency" is the Regional Land Fund Development Branch and this unit will take the lead in developing the land recovery plan and signing it.
I respectfully ask the Ministry, with the above understanding, is this specific case consistent with the provisions of Decree No. 102/2024/ND-CP or not?
Regarding the question raised by the Citizen, the Department of Land Administration exchanged as follows:
Clause 1a, Article 28 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government (supplemented at point b, clause 2, Article 13 of Decree No. 49/2026/ND-CP) stipulates agencies and people with authority to approve and adjust land recovery plans; the approval and adjustment of land recovery plans is carried out when implementing the order and procedures for compensation, support, resettlement, and land recovery.
Currently, the Government has issued Decree No. 49/2026/ND-CP dated January 31, 2026 detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly, which stipulates the authority to recover land, compensate, support, and resettle (Clause 2, Article 14), and decentralizes to provincial-level People's Committees to regulate the order and administrative procedures for land (Article 15).
It is requested that you, citizens, study the above regulations and contact the land management agency in your locality for consideration and guidance.
