Change of land recovery authority from July 1, 2025

Thành Nhân |

The authorities at both levels will take effect and end the operation of the People's Committees at the district level from July 1, 2025, so how will the competent authority to reclaim land change?

According to the revised Law on the Organization of Local Government 2025, effective from June 16, 2025, local government has only 2 levels: Provincial level including, provinces and centrally run cities); Commune level includes, communes, wards and specific administrative units called special zones - under the provincial level.

This means that the district-level administrative unit will end its operation from July 1, 2025.

One of the issues that the public is interested in is the land recovery - which has been carried out by the district-level People's Committee for a long time - which will be transferred to any agency in the two-level local government.

Lawyer Chau Duy Nguyen - An Dang Law Office (under the Ho Chi Minh City Bar Association) - said that based on Article 5 of Decree 151/2025 of the Government, the Law on Organization of Local Government amended in 2025, Article 83 of the 2024 Land Law, the Provincial People's Committee decides to reclaim land for domestic organizations, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, foreign organizations with diplomatic functions, economic organizations with foreign investment capital in the cases specified in Articles 81 and 82 of the 2024 Land Law.

The Chairman of the People's Committee at the commune level decides to reclaim land from land users who are organizations or individuals managing and owning land for national defense and security purposes and for socio-economic development for national and public interests as prescribed in Articles 78 and 79 of the 2024 Land Law.

At the same time, the Chairman of the People's Committee at the commune level has the authority to reclaim land due to violations of land law and the termination of land use according to law, voluntary return of land, risk of threatening human life, and no longer being able to continue using it for households, individuals, and communities as prescribed in Articles 81 and 82 of the 2024 Land Law," said Lawyer Nguyen.

Thành Nhân
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Như hạ (t/H) |

Support when the State reclaims land is a policy to help people with reclaimed land and owners of assets attached to land to stabilize their lives.

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