A business submitted a question, the investor of a resettlement area project that has been approved for a detailed plan at a scale of 1/500 since August 2003. The project has gone through 3 Land Laws and was allocated land by the City People's Committee 3 times in the years: 2018 (phase 1), 2019 (phase 2), 2020 (phase 3).
From 2020 to now, due to difficult site clearance and unsynchronized infrastructure, the enterprise has not been allocated or leased land according to regulations.
Now the enterprise has completed site clearance and is preparing documents to request the City People's Committee to allocate land and lease land in the fourth phase to complete the project.
However, to be eligible to submit to the City People's Committee for a decision on land allocation and lease, the dossier appraisal agency requires the enterprise to comply with Clause 9, Article 255 of the 2024 Land Law, regulating transition to land allocation, land lease, and change of land use purpose when this Law comes into effect and Clause 2, Article 122 of the 2024 Land Law on land allocation and lease conditions, allowing change of land use purpose.
According to the enterprise, this is not a new project to implement land allocation or land lease for the first time, but must follow the process of land allocation and land lease as the new project.
The enterprise requested that the Ministry of Agriculture and Environment guide the process of land allocation and land lease for projects that have been backlogged for many years as mentioned above.
Responding to the above content, the Department of Land Management - Ministry of Agriculture and Environment said that the 2024 Land Law has stipulated a transition of land allocation, land lease, and land use purpose change in Article 255 including 11 clauses; in which, Clause 10 of this Article is amended and supplemented in Clause 3, Article 1 of Law No. 43/2024/QH15 amending and supplementing a number of articles of the Land Law No. 31/2024/QH15, Housing Law No. 27/2023/QH15, Real Estate Business Law No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15.
At the same time, Clause 1, Article 112 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing a number of articles of the Land Law has transitional provisions for land allocation, land lease, and permission to change land use purposes.
The procedures for land allocation, land lease, and land use conversion are stipulated in Section 2, Chapter VI of Decree No. 102/2024/ND-CP (in Articles 48, 49, 50, 51 and 52).
On June 12, 2025, the Government issued Decree No. 151/2025/ND-CP regulating the division of authority of local authorities at 2 levels, decentralization of authority, and delegation of authority in the land sector (effective from July 1, 2025).
Including regulations on the order and procedures for land allocation, land lease, and land use purpose conversion in Section I, Part III, Appendix I, Procedures in the field of land attached to this Decree.
For specific cases, the Department of Land Management - Ministry of Agriculture and Environment requests that enterprises have documents and records, accompanying documents to send to local land management agencies for consideration and settlement according to their authority, in accordance with the provisions of law.
