Mr. N.T. A in Hanoi reflected that in Document No. 2466/QLĐĐ-QHGĐ dated October 13, 2025, the content is: "For cases of implementing land use projects in the form of annual land lease payment that must change land use purposes, the provincial-level People's Committee decides on the change of land use purposes according to the provisions of Clause 1, Article 123 of the Land Law".
However, in item 12 of Document No. 6493/BNNMT-PC dated September 22, 2025, it is guided: "Decree No. 151/2025/ND-CP of the Government stipulates the decentralization from the provincial level to the commune level in the spirit of promoting decentralization and delegation of power of the Politburo. In which there are regulations on the implementation of land allocation without collecting land use fees; land lease with annual payment and projects are completely exempt from land use fees and land rent for the entire lease term for subjects specified in Clause 1, Article 123 of the Land Law under the authority of the chairman of the commune-level People's Committee. Therefore, the authority to allow the change of land use purpose for subjects specified in Clause 1, Article 123 of the Land Law is under the authority to decide on forms of land use that have been decentralized and delegated specifically in Decree No. 151/2025/ND-CP".
Thus, it can be understood that the authority to change land use purposes for the case of annual land rent payment of organizations under the commune-level People's Committee.
Mr. T.A requested the Ministry of Agriculture and Environment to clarify the inconsistency of the two documents mentioned above.
The Ministry of Agriculture and Environment answers this question as follows:
Point a, Clause 1, Article 123 of the Land Law stipulates that the Provincial People's Committee decides to allocate land, lease land, and allow land use purpose conversion in the following cases: "Allocating land, leasing land, and allowing land use purpose conversion for domestic organizations".
Point d, Clause 1, Article 9 of Decree No. 151/2025/ND-CP stipulates the authority of the Provincial People's Committee according to the provisions of the Land Law and decrees detailing the implementation of the Land Law implemented by the Chairman of the Provincial People's Committee, including:
Decisions on land allocation, land lease, and permission to change land use purposes for cases specified in Clause 1, Article 123 of the Land Law, except for cases where the Provincial People's Committee delegates power and decentralizes to the chairman of the commune-level People's Committee specified in Clause 3, Article 10 of this Decree" (corrected in Decision No. 2418/QD-BNNMT).
Clause 3, Article 10 of Decree No. 151/2025/ND-CP stipulates the authority of the provincial-level People's Committee according to the provisions of the Land Law to be exercised by the chairman of the commune-level People's Committee, except in cases where the project has multiple forms of land use, in which the area falls under the case of land allocation by the state with land use fees or land lease with one-time land rent for the entire lease term, including:
Decision to allocate land without collecting land use fees for cases specified in Article 118 of the Land Law.
Decision to lease land and collect annual land rent for cases specified in Clause 3, Article 120 of the Land Law.
Written approval of the agreement on receiving land use rights to implement the project for cases specified in point c, clause 3, Article 127 of the Land Law where the State allocates land without collecting land use fees or leases land with annual land rent.
Decisions on land allocation, land lease, and permission to change land use purposes for cases that are completely exempt from land use fees and land rent for the entire lease term according to the Government's regulations on land use fees and land rent collection.
Article 227 of the Land Law stipulates the order and procedures for allowing land use purpose conversion.
Thus, for cases of implementing land use projects in the form of annual land lease payment that must change land use purposes, the Chairman of the Provincial People's Committee shall decide on the change of land use purposes according to the provisions of Clause 1, Article 123 of the Land Law.
