The Ministry of Agriculture and Environment received a petition from voters in Ha Tinh province with the content: At points a, b and d, clause 3, Article 10 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government, there is no regulation on the authority to allocate land, lease land, change land use purposes, agencies responsible for monitoring, inspecting and supervising the land use of project implementation for cases where investment projects use land implemented on administrative boundaries of 2 commune-level areas. It is proposed to submit to the Government for consideration and supplementation so that localities have a basis for organizing implementation.
Regarding this proposal, the Ministry of Agriculture and Environment would like to report as follows: Point g, clause 2, Article 11 of the Law on Organization of Local Government stipulates:
Issues related to the scope of 2 or more commune-level administrative units are under the jurisdiction of the provincial-level local government, issues related to the scope of 2 or more provincial-level administrative units are under the jurisdiction of the central state agency, unless otherwise provided by law or resolution of the National Assembly.
Based on the actual situation, the competent state agency at the central level assigns the local government of one of the relevant provincial-level administrative units to preside over the resolution of issues related to the scope of 2 or more provincial-level administrative units; the provincial-level local government assigns the local government of one of the relevant commune-level administrative units to preside over the resolution of issues related to the scope of 2 or more commune-level administrative units to ensure the promotion of efficiency, effectiveness, efficiency of state management and better service to people and businesses.
Thus, at the time when the land law does not have regulations on the authority to allocate land or lease land for cases where the land area of the same investment project is located in the area of 02 or more commune-level administrative units, it is proposed that the provincial-level local government, based on the provisions of the Law on Organization of Local Government, consider handling the above content according to its authority.
Currently, the Ministry of Agriculture and Environment is continuing to review and advise on amending and supplementing land laws in the coming time, including content related to the authority to allocate land, lease land, and allow the change of land use purpose for organizations to ensure a complete legal framework for implementation in practice. The Ministry of Agriculture and Environment would like to inform voters to continue to monitor and contribute opinions to improve the land law.
