On the Government Portal, citizen V.T.P wondered:
According to the Certificate of Confirmation of Housing Conditions Form 02 issued together with Circular No. 08/2026/TT-BXD, the competent authority issuing Certificates of land use rights and ownership of assets attached to land according to the provisions of land law in provinces and centrally-run cities where there are social housing/housing projects for the people's armed forces to certify. Ms. V.T.P asked, what is the specific unit of certification here?
The Ministry of Construction answers this question as follows:
According to the provisions of Clause 1, Article 29 of Decree No. 100/2024/ND-CP dated July 26, 2024 of the Government detailing a number of articles of the Housing Law on development and management of social housing (amended by Decree No. 54/2026/ND-CP) stipulating housing conditions to enjoy social housing support policies as follows:
Article 29. Conditions on housing
1. Cases where there is no housing owned by them are determined when the subject specified in Clause 1, Article 77 of the Housing Law and the spouse of that subject (if any) are determined to have no name or no housing information content in the Certificate of land use rights, ownership of assets attached to land in the province or centrally-run city where that social housing project is located.
Within 7 days from the date of receiving the request for confirmation of housing conditions, the competent authority issuing the Certificate of land use rights, ownership of assets attached to land according to the provisions of land law in the province or centrally-run city where there is a social housing project certified according to the provisions of this clause".
Accordingly, the competent authority issuing Certificates of land use rights and ownership of assets attached to land according to the provisions of land law in provinces and centrally-run cities where there are social housing projects confirms housing conditions.
Article 14 and Article 15 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law stipulate:
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.
2. Regulations on the authority to issue Certificates of land use rights, ownership of assets attached to land, confirm changes on the issued Certificate, correct, revoke, or cancel the issued Certificate:
a) Provincial-level land management agencies issue Certificates of land use rights, ownership of assets attached to land or confirm changes on the issued Certificate for cases where provincial-level agencies and competent persons decide to allocate land, lease land, allow change of land use purpose, adjust land use term, extend land use term, change of form of land use, recognize land use rights;
b) The Chairman of the Commune-level People's Committee issues a Certificate of land use rights, ownership of assets attached to land or confirms changes in the issued Certificate for cases where competent agencies and people at the commune level decide to allocate land, lease land, allow change of land use purpose, adjust land use term, extend land use, change form of land use, recognize land use rights, and re-determine residential land area;
c) The Land Registration Office issues a Certificate of land use rights, ownership of assets attached to land or confirms changes on the Certificate issued or first-time land registration, registration of changes for cases not covered by the provisions of points a and b of this clause;
d) The competent authority issuing the Certificate of land use rights, ownership of assets attached to land specified in points a, b and c of this clause has the authority to correct the Certificate issued with errors; revoke, cancel the Certificate issued and reissue the Certificate of land use rights, ownership of assets attached to land.
3. In cases of land recovery, compensation, support, resettlement, land allocation, land lease, permission to change land use purposes, adjustment of land use term, extension of land use term, 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, issuance of Certificates of land use rights, ownership of assets attached to land, confirmation of changes on the issued Certificate, correction, recovery, cancellation of the issued Certificate, re-determination of residential land area before the effective date of this Decree, the Provincial People's Committee decides to apply and implement according to the provisions of Clauses 1 and 2 of this Article or continue to assign to agencies and competent persons who are resolving to continue to implement.
Article 15. Regulations on 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 must specify information to determine financial obligations for land. While 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.
2. Regulations on administrative procedures for land specified in Clause 1 of this Article must be publicly posted on the Electronic Information Portal of the Provincial People's Committee and the Electronic Information Portal of the Ministry of Agriculture and Environment.
3. Implement the order and procedures for building, amending, and supplementing the land price list and the order and procedures for building, amending, and supplementing the land price adjustment coefficient as prescribed in the Appendix of this Decree".
Thus, based on the provisions of Article 14 and Article 15 of Decree No. 49/2026/ND-CP, there are currently regulations decentralizing authority to provincial-level People's Committees to implement in the field of land regulations on the authority to issue Certificates of land use rights and ownership of assets attached to land.
