The competent authority is reviewing the draft Law amending and supplementing a number of articles of the Land Law.
Article 123 of the draft on the authority to allocate land, lease land, and permit land use purpose change. Some notable points are as follows:
The Chairman of the Provincial People's Committee decides to allocate land, lease land, and permit land use purpose change for domestic organizations, foreign-invested economic organizations, and foreign organizations with diplomatic functions in the following cases:
For projects using land in the form of land allocation with land use fees collected, land lease with one-time land rental payment for the entire lease term without being exempted from all land use fees and land rents during the entire lease term.
For projects with many forms of land use, including the form of land allocation with land use fees collected by the State or land lease with one-time land rent payment for the entire land lease term.
The Chairman of the People's Committee at the commune level decides to allocate land, lease land, and permit land use purpose change in cases not specified in Clause 1, Article (in cases under the authority of the Chairman of the Provincial People's Committee).
The competent person prescribes that it is not decentralized or authorized.
The authority to issue certificates of land use rights and ownership of assets attached to land (red books) for cases of initial registration that require issuance of red books or registration of changes in Clause 1, Article 121, Point g and Point h, Clause 1, Article 133 of this Law that are not subject to continued land use as prescribed in Point a, Clause 1, Article 172, Clause 1, Article 174 of this Law or the cases specified in Point b, Clause 7, Article 219 of this Law shall be stipulated as follows:
The competent land management agency at the provincial level shall issue red books to land users and owners of assets attached to land as prescribed in Clauses 1, 2, 5 and 7, Article 4 of this Law not falling under Point b of this Clause.
The Chairman of the People's Committee at the commune level shall issue red books to land users and owners of assets attached to land specified in Clauses 3, 4 and 6, Article 4 of this Law and cases specified in Clauses 1, 2, 5 and 7, Article 4 of this Law for which the State allocates land, leases land or recognizes land use rights in the form of regulations in Articles 118, 3, 120 or 119 and Clause 2, Article 120 but is exempted from all land use fees and land rent for the entire lease term.
The cases of registration of changes specified in this clause shall be confirmed by the competent authority or person specified in Point a and Point b of this Clause on the issued or newly issued red book according to Government regulations.
