On the Government Portal, citizens asked: Ms. L.H. T has 2.5 hectares of land for growing other annual crops, more than 500 m from the residential area but is not located in the local concentrated livestock planning area. Ms. Thoa asked, what land procedures do you need to open a medium-sized concentrated chicken farm?
The Ministry of Agriculture and Environment answers this question as follows:
The 2024 Land Law has specifically stipulated the authority, conditions, and cases of land use purpose conversion that must be approved by a competent state agency (Articles 116, 121 and 123); Clause 1, Article 44 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 at point c, Clause 4, Article 21 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government and Clause 6, Article 4 of Decree No. 226/2025/ND-CP dated August 15, 2025 of the Government.
In addition, point a, clause 1, Article 218 of the 2024 Land Law stipulates that agricultural land is used in combination with livestock purposes when meeting the requirements in clause 2, Article 218 and meeting the scope and conditions specified in Article 99 of Decree No. 102/2024/ND-CP, amended and supplemented in points a, b, clause 12, Article 13 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government and point c, clause 4, Article 21 of Decree No. 151/2025/ND-CP.
At the same time, Clause 1, Article 14 and Clause 1, Article 15 of Decree No. 49/2026/ND-CP have stipulated:
Article 14. Decentralization of authority to provincial-level People's Committees to implement in the field of land
1. Provincial People's Committees have the authority to decide on land recovery, compensation, support, resettlement, land allocation, land lease, permission to change land use purposes, adjust land use term, extension of land use, change of form of land use, recognition of land use rights, approval of agreement on receiving land use rights to implement projects, approval and approval of land use plans.
Based 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 localities, the Provincial People's Committee decides on the decentralization and authorization of agencies and competent persons to perform the tasks specified in this clause to be appropriate".
... Article 15. Regulations on procedures and administrative procedures for land
1. The Provincial People's Committee shall stipulate the order and administrative procedures for land to implement the cases specified in Article 14 of this Decree no later than July 1, 2026, ensuring the reduction and simplification of administrative procedures according to regulations; in which clearly stipulating the responsibilities of agencies and competent persons in the steps of implementing the order and procedures, the maximum time to implement the order and procedures, the components of dossiers to be submitted, including documents proving the subjects eligible for exemption or reduction of financial obligations (if any), and the forms for implementing procedures that must specify information to determine financial obligations for land. While the regulations on the order and administrative procedures for land specified in this clause have not been issued, the Provincial People's Committee shall decide on the application of the order and administrative procedures for land according to the provisions of law before the effective date of this Decree or decide on the order and administrative procedures for land for each specific case".
Based on the above regulations, it is requested that you contact the commune-level People's Committee where the land is located for guidance on implementation according to regulations.
