Land procedures are decided by the provincial-level People's Committee in each case

Khương Duy |

The new regulations empower provincial-level People's Committees to decide on land procedures in each case, helping to remove obstacles when detailed regulations are not yet complete.

A resident reflected that when carrying out land procedures in the locality, they encountered difficulties because it was not clear which process to apply in the context of new regulations being completed.

Faced with this obstacle, the Ministry of Agriculture and Environment has provided specific guidance on the implementation of land administrative procedures in the transitional period according to new regulations.

According to the Ministry of Agriculture and Environment, Decree No. 49/2026/ND-CP of the Government has clear decentralization regulations, assigning provincial-level People's Committees to issue detailed regulations on land administrative procedures applied in localities. The completion deadline is before July 1, 2026.

These regulations must ensure the principle of simplifying procedures, publicity, transparency and clearly defining the responsibilities of each agency and unit in the process of resolving land dossiers.

Việc giải quyết thủ tục đất đai phụ thuộc hướng dẫn cụ thể của UBND cấp tỉnh trong từng trường hợp. Ảnh: Phan Anh
The settlement of land procedures depends on the specific guidance of the Provincial People's Committee in each case. Photo: Phan Anh

Notably, during the time when the Provincial People's Committee has not fully issued new regulations, the settlement of land procedures will be carried out flexibly. Specifically, the Provincial People's Committee has the right to decide to apply procedures in two directions.

First, it is possible to continue to apply the regulations on land administrative procedures before Decree No. 49/2026/ND-CP takes effect.

Second, in necessary cases, the Provincial People's Committee is allowed to proactively decide on the order and procedures for resolving each specific case, in accordance with the local reality.

According to the Ministry of Agriculture and Environment, this regulation aims to avoid dossier congestion when the system of new legal documents has not been synchronously completed, and at the same time create conditions for localities to flexibly handle arising situations.

Reality shows that many current land dossiers are complex, related to many transitional regulations or have no detailed guidance. Without a flexible mechanism, the resolution may be prolonged, affecting the rights of the people.

A local resident said that they had to wait quite a long time because it was not clear whether the functional agency would apply the old procedure or the new procedure in handling dossiers.

In that context, empowering provincial-level People's Committees is considered a suitable solution, helping to remove bottlenecks in practice, while enhancing the proactiveness of local authorities.

However, the Ministry of Agriculture and Environment also noted that the promulgation of unified regulations is still an important requirement in the coming time. This is to ensure the synchronicity of the legal system, avoiding the situation where each place applies differently.

Functional agencies recommend that people when carrying out land procedures should proactively contact local land management agencies for specific guidance, ensuring that dossiers are received and processed in accordance with regulations.

Khương Duy
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