On the Ministry of Agriculture and Environment's Information Portal, Ms. P.L.A in Lao Cai asked:
According to the provisions of Point m, Clause 1, Article 5 of Decree 151 regulating decentralization of land allocation, land lease, and permission to change land use purposes for individuals; communities; from the authority of the People's Committee at the district level to the Chairman of the People's Committee at the commune level.
However, according to Clause 5, Article 123 of the Land Law, "The competent state agency specified in Clauses 1, 2 and 4 of this Article is not decentralized or authorized".
May I ask: According to the authority before July 1, 2025, the People's Committee at the district level will decide according to the collective regime when the signer is on behalf of the District People's Committee. Now the above content is delegated to the Chairman of the People's Committee at the commune level.
So, is the Chairman of the People's Committee at the commune level considered a competent state agency according to the provisions of Clause 5, Article 123 of the Land Law mentioned above?
Can the Chairman of the People's Committee at the commune level be assigned the task of the Vice Chairman of the People's Committee at the commune level to sign on his behalf?
The Ministry of Agriculture and Environment responded as follows:
Decree No. 151/2025/ND-CP dated June 12, 2025 stipulates the division of authority of local authorities at 02 levels, decentralization and delegation of authority in the land sector, stipulates a number of general authorities (belonging to state agencies) stipulated in the Land Law and Decrees guiding the implementation of the Law on division, decentralization and delegation of authority to private authorities (chairman of provincial People's Committees, chairman of commune People's Committees...) to implement.
Clause 1, Article 5 of Decree No. 151/2025/ND-CP stipulates the authority of the district-level People's Committee, the Chairman of the district-level People's Committee shall be transferred to the Chairman of the commune-level People's Committee.
Whether the Chairman of the Commune People's Committee is assigned the task of assigning the Vice Chairman of the Commune People's Committee to sign on his behalf or not shall be implemented in accordance with the provisions of the Law on Organization of Local Government and current regulations.
