Pursuant to Article 123 of the 2024 Land Law, the authority to permit land use purpose conversion of People's Committees at all levels is stipulated as follows:
1. The People's Committee at the provincial level decides to allocate land, lease land, and permit change of land use purpose in the following cases:
a) Land allocation, land lease, permission to change land use purpose for domestic organizations;
b) Land allocation or lease to religious organizations and affiliated religious organizations;
c) Land allocation and lease to people of Vietnamese origin residing abroad or economic organizations with foreign investment capital;
d) Land lease to foreign organizations with diplomatic functions.
2. The People's Committee at the district level decides to allocate land, lease land, and permit change of land use purpose in the following cases:
a) Land allocation, land lease, permission to change land use purpose for individuals. In case of leasing land to individuals, allowing the conversion of agricultural land use purposes for commercial and service purposes with an area of 0.5 ha or more, there must be a written approval from the Provincial People's Committee before making a decision;
b) Land allocation to residential communities.
3. The People's Committee at the commune level leases land from the agricultural land fund for public purposes of the commune, ward, or town.
Thus, the People's Committee at the provincial level allows the change of land use purpose for domestic organizations and the People's Committee at the district level allows the change of land use purpose for individuals.
However, according to the provisions of Clause 1, 4, Article 5 of Decree 151/2025/ND-CP (effective from July 1, 2025) on the authority of the District People's Committee as prescribed by the 2024 Land Law, it will be transferred to the Chairman of the Commune People's Committee for implementation, including:
Article 5. The authority of the People's Committee at the district level, the Chairman of the People's Committee at the district level shall be transferred to the Chairman of the People's Committee at the commune level
- Decision on land allocation, land lease, and permission to change land use purpose for individuals specified in Point c, Clause 1 and Point a, Clause 2, Article 123 of the Land Law; decision on land allocation for residential communities specified in Point b, Clause 2, Article 123 of the Land Law; decision on agricultural land allocation to individuals specified in Point b, Clause 2, Article 178 of the Land Law.
Thus, the authority to permit the change of land use purpose at Point a, Clause 2, Article 123 of the 2024 Land Law of the People's Committee at the district level shall be transferred to the Chairman of the People's Committee at the commune level according to regulations.
