Ms. D.T.T. H reflected that Article 123 of the Land Law stipulates the authority to allocate land, lease land, and allow land use purpose conversion.
In which, Clause 1 of this Article stipulates the authority of the provincial-level People's Committee; Clause 5 of this Article stipulates:
The competent state agency specified in Clauses 1, 2 and 4 of this Article is not decentralized or authorized.
However, the authority to allocate land, lease land, and allow land use purpose conversion of the provincial-level People's Committee in the above regulations of the Land Law has been delegated and decentralized to the Chairman of the provincial-level People's Committee, the Chairman of the commune-level People's Committee according to Article 9, Article 10 of Decree No. 151/2025/ND-CP.
Ms. T asked, so is the chairman of the provincial-level People's Committee decentralized and authorized authority that has been decentralized according to the above provisions of Decree No. 151/2025/ND-CP?
Regarding this content, the Land Administration Department, Ministry of Agriculture and Environment has the following opinions:
The Government has issued Decree No. 151/2025/ND-CP dated June 12, 2025, Regulating the decentralization of authority of local authorities at 2 levels, decentralization, and decentralization in the field of land.
According to current regulations, the authority to allocate land, lease land, and allow land use purpose conversion for cases specified in Clause 1, Clause 2, Article 123 of the 2024 Land Law has been delegated to the Chairman of the Provincial People's Committee and the Chairman of the Commune People's Committee.
Clause 5, Article 123 of the 2024 Land Law stipulates:
The competent state agency specified in Clauses 1, 2 and 4 of this Article is not decentralized or authorized.
Therefore, the authority to allocate land, lease land, and allow land use purpose conversion of the Chairman of the Provincial People's Committee as stipulated in Decree No. 151/2025/ND-CP is not decentralized or authorized.
Based on summarizing and evaluating the results of implementation according to the 2-level local government model, the Ministry of Agriculture and Environment has now completed and submitted to the Government for promulgation a Decree of the Government to amend and supplement regulations on decentralization, delegation of power, and decentralization of authority in the field of land as stipulated in Decree No. 151/2025/ND-CP.
Regulations in the direction of: Provincial People's Committees have the authority to decide on land acquisition, compensation, support, resettlement, land allocation, land lease, permission to change land use purposes, adjust land use term, extension of land use, change of land use form, recognition of land use rights, approval of agreement on land use rights to implement projects, approval and approval of 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 for agencies and competent persons to perform the tasks specified in this clause to be appropriate.
Therefore, in the immediate future, when the Government has not issued a Decree to amend the authority to decide on land allocation, land lease, and permission to change land use purposes, it will continue to implement according to the authority that has been decentralized, delegated, and delimited in Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government to organize implementation.
