Specifically, Article 123 of the 2024 Land Law stipulates the authority to allocate land, lease land, and permit change of land use purpose as follows:
1. Provincial People's Committee
Decision on land allocation, land lease, permission to change land use purpose in the following cases:
- Land allocation, land lease , permission to change land use purpose for domestic organizations.
- Land allocation and lease to religious organizations and affiliated religious organizations.
- Land allocation and lease to Vietnamese people residing abroad and economic organizations with foreign investment capital.
- Land lease to foreign organizations with diplomatic functions.
2. District People's Committee
Decision on land allocation, land lease, permission to change land use purpose in the following cases:
- Land allocation, land lease, permission to change land use purpose for individuals. In case of land lease to individuals, permission to change agricultural land use purpose for commercial and service purposes with an area of 0.5 ha or more, there must be written approval from the Provincial People's Committee before making a decision.
- Land allocation to residential communities.
3. People's Committee at commune level
Leasing land from agricultural land fund for public purposes of communes, wards and towns.
Note:
- The competent state agency to allocate land, lease land, and permit change of land use purpose as prescribed in Clauses 1 and 2 above is the competent agency to decide to adjust and extend land use in cases where the land user has a decision to allocate land, lease land, or permit change of land use purpose before the effective date of the 2024 Land Law and in cases of decisions to allocate land, lease land, or permit change of land use purpose according to the provisions of the 2024 Land Law.
- The competent state agencies specified in Clauses 1, 2 and 4, Article 123 of the 2024 Land Law shall not be decentralized or authorized.
