The Government has just issued Decree No. 226/2025/ND-CP amending and supplementing a number of articles of the Decrees detailing the implementation of the Land Law. Decree 226/2025/ND-CP takes effect from August 15.
Decree No. 226/2025/ND-CP amends and supplements Article 55 of Decree No. 102/2024/ND-CP on auctioning land use rights when the State allocates land with land use fees and land lease.
Accordingly, Clause 4, Article 55 on appraisal and approval of land use rights auction plans is amended as follows:
In case of auctioning land use rights under the authority of the Chairman of the People's Committee at the commune level, the competent land management agency at the commune level shall inspect and complete the dossier to submit to the Chairman of the People's Committee at the commune level for approval of the land use rights auction plan.
In case of auctioning land use rights under the authority of the Chairman of the Provincial People's Committee for land allocation and lease, the competent land management agency at the provincial level shall inspect and complete the dossier to submit to the Chairman of the Provincial People's Committee for approval of the land use rights auction plan.
The following regulations expire from the effective date of Decree No. 226/2025/ND-CP: Decree No. 96/2019/ND-CP of the Government regulating land price framework; Decree No. 26/2021/ND-CP detailing a number of articles of Resolution No. 132/2020/QH14 of the National Assembly on piloting a number of policies to remove obstacles and backlogs in the management and use of national defense and security land combined with production and economic construction activities.
In addition, Decree No. 226/2025/ND-CP also amends and supplements Article 50 of Decree No. 102/2024/ND-CP stipulating the procedures for approving the conversion of rice-growing land, special-use forest land, protective forest land, and production forest land to other purposes as prescribed in Clause 1, Article 122 of the Land Law as follows:
The competent land management agency at the commune level is responsible for synthesizing the demand and making a list of projects that must change the purpose of using rice-growing land, special-use forest land, protective forest land and production forest land to implement investment projects in the area, except for the cases specified in Clause 4, Article 67 of the Land Law.
The People's Committee at the commune level shall submit to the Provincial People's Committee for approval a list of projects requiring land use purpose change with rice-growing land area, special-use forest land, protective forest land, and production forest land.
The Provincial People's Committee has issued a document approving the list of projects that must change the purpose of land use with rice-growing land, special-use forest land, protective forest land, and production forest land.
In case of converting the purpose of using rice-growing land, special-use forest land, protective forest land and production forest land to other purposes without having to establish an investment project according to the provisions of the law on investment, it is not necessary to carry out the procedures specified above.
In addition, the decree also adds regulations on compensation for crops and livestock when the State reclaims land; amends regulations on recording debts for land use fees when granting certificates of land use rights and ownership of assets attached to land.
Previously, at the meeting on August 13, Deputy Prime Minister Tran Hong Ha affirmed the need to apply a unified land price list, adjusting prices according to market data while the land price coefficient remains unchanged if there is no new policy decision.
