On the Information Portal of the Ministry of Agriculture and Environment, citizens asked: According to Clause 1, Article 14 of Decree No. 49/2026/ND-CP, the Provincial People's Committee has the authority to decide on a number of land contents and is decentralized and authorized to agencies and competent persons in accordance with legal regulations and local situations.
Currently, the Provincial People's Committee has authorized the Chairman of the Commune-level People's Committee to perform a number of tasks in the field of land. However, Clause 5, Article 14 of the Law on Organization of Local Government No. 72/2025/QH15 stipulates that agencies, organizations, and individuals receiving authorization are not authorized to continue the tasks and powers that they are authorized to perform.
Therefore, citizens request guidance: Is the Vice Chairman of the Commune-level People's Committee in charge of the field allowed to sign on behalf of the Chairman of the Commune-level People's Committee for tasks authorized by the Provincial-level People's Committee to the Chairman of the Commune-level People's Committee?
At the same time, can the Vice Chairman of the Commune-level People's Committee sign on behalf of the Chairman of the Commune-level People's Committee for the auction plan, approving the starting price and approving the results of the land use right auction?
The Ministry of Agriculture and Environment has the following opinions:
According to Clause 1, Article 14 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government stipulating the decentralization of authority to provincial-level People's Committees to implement in the field of land, it is stipulated:
“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 terms, extend land use terms, change land use forms, recognize land use rights, approve agreements on receiving land use rights to implement projects, approve and approve 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.
According to Clause 9, Article 14 of the 2025 Law on Organization of Local Government, regulations on authorization: "9. In case the head of an agency or organization represents the leadership collective to sign documents of an agency or organization; the deputy head of an agency or organization represents the collective to sign on behalf of the head of an agency or organization; the head of an agency or organization authorizes the deputy head, head of an agency or organization, unit under its organizational structure to perform a number of tasks and powers to sign authorization, it shall be implemented according to the Government's regulations on clerical work.
Thus, Clause 9, Article 14 of the Law on Organization of Local Government has regulations on this content. The Ministry of Agriculture and Environment would like to provide information for you to know.
