In the submission of the Draft Decree detailing and guiding a number of articles of the Resolution of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in the implementation of the Land Law of the Ministry of Agriculture and Environment (being appraised by the Ministry of Justice) to propose a plan in decentralizing the authority to allocate land, lease land, allow change of land use purpose, issue of Certificates of land use rights and ownership of assets attached to land (red book).
1. Chairman of the People's Committee at the commune level decides to change the land use purpose for land allocation without land use fees, land lease with annual land rent payment
Amend and supplement a number of articles of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the authority of local authorities at 2 levels, decentralization of authority, and delegation of authority in the land sector as follows:
- Amend and supplement the authority of the Provincial People's Committee to decide on land recovery as prescribed in Clause 1, Article 83 of the Land Law that is subject to land recovery due to termination of land use according to law, voluntary return of land, risk of threatening human life, no longer being able to continue using, and the case of land recovery as prescribed in Clause 8, Article 81 of the Land Law is subject to the authority to extend land use for 24 months, implemented by the Chairman of the Commune People's Committee.
- Supplement the authority of the Provincial People's Committee according to the provisions of the Land Law, implemented by the Chairman of the Commune People's Committee, to allow the change of land use purpose, the form of land use after changing the land use purpose is land allocation without land use fees, land lease with annual land rent payment.
Regulations on the Land Registration Office checking and signing the approval of cadastral map measurement data.
In order to cover all land management tasks under the authority of the commune level, the Draft stipulates that the Land Registration Office inspects and signs off the cadastral map measurement piece.
Except for cases of cadastral maps for land change registration and tasks of land management under the authority of the People's Committee at the commune level, Chairman of the People's Committee at the commune level.
Current regulations only except for cases of cadastral map extraction for registration, issuance of Certificates of land use rights and ownership of assets attached to land.
- Regulate that foreign-invested economic organizations shall register land changes in cases of receiving land use rights through division, separation, merger, consolidation, and conversion of business models according to the decision and document of the competent authority or organization from the foreign-invested economic organization in accordance with the provisions of law.
- Supplement the implementation procedures.
This is to ensure consistency with the provisions of the law on enterprises.
2. Propose 2 options in decentralizing the authority to allocate land, lease land, permit change of land use purpose, issue Certificates of land use rights, ownership of assets attached to land
Regarding amendments and supplements on decentralization of land allocation and lease authority, permission to change land use purposes, issuance of Certificates of land use rights and ownership of assets attached to land, the Draft Decree proposes 2 options:
Option 1: Maintain the same as the regulations on the authority to allocate land, lease land, permit change of land use purpose, issue Certificates of land use rights, ownership of assets attached to land in Decree No. 151/2025/ND-CP, Decree No. 226/2025/ND-CP
Option 2: Amend and supplement in the direction of decentralization of authority:
a) The authority of the Provincial People's Committee according to the provisions of the 2024 Land Law shall be delegated to the Chairman of the Provincial People's Committee;
b) The authority of the People's Committee at the district level according to the provisions of the 2024 Land Law shall be delegated to the Chairman of the People's Committee at the commune level.
