During the operation of the two-level local government, many localities have sent questions to the Ministry of Agriculture and Environment regarding land policies.
Ha Tinh province proposed that the authority to decide on the land price list between the Law on Organization of Local Government dated June 16, 2025 and Decree 151/2025/ND-CP dated June 12, 2025 of the Government still overlap.
According to the Law on Organization of Local Government dated June 16, 2025, the authority to decide on land price lists belongs to the Provincial People's Council. However, according to the provisions of Decree No. 151, this authority is assigned to the provincial People's Committee.
Responding to this issue, Ms. Nguyen Thi Minh Phuong, Deputy Head of the Department of Economics and Land Fund Development (Department of Land Management) said that during the process of developing Decree 151, according to the policy of strengthening decentralization and delegation of authority. At that time, according to Article 50 of the Law on Organization of Local Government No. 65 (old law), decentralize the authority to decide on land price lists from the People's Council to the People's Committee at the provincial level. During the process of collecting opinions on the draft Decree amending the Decrees, members of the Government gave their opinions on transferring this authority from the Provincial People's Committee to the People's Council.
According to Ms. Phuong, with this content, the Ministry is also drafting a Decree to submit to the Government in the direction of transferring the authority to decide on the first land price list from the provincial People's Committee to the provincial People's Council.
"Authorship is the final step for the process of deciding on land price lists, therefore, in order to promptly issue land price lists and apply them from January 1, 2026, it is recommended that localities continue to follow the process of building land price lists as stipulated in Decree 151, Decree 71. During the implementation process, when the revised Decree is issued by the Government, it will be implemented according to the new authority" - Ms. Phuong said.
In Clause 2, Article 8 of Decree No. 151/2025/ND-CP regulating the division of authority of local authorities at 2 levels, decentralization and delegation of authority in the land sector, it is stipulated that: The People's Committee at the provincial level decides on the first land price list, decides to adjust, amend and supplement the land price list as prescribed in Clause 3, Article 159 of the Land Law and Clause 5, Article 14, Clause 1, Article 16, Point a, Clause 2, Article 38 of Decree No. 71/2024/ND-CP.
