Can the People's Committee at the commune level allocate land?

Lawyer Nguyen Thi Hoai Anh, YouMe Law Firm LLC replied:

Article 123 of the 2024 Land Law (effective from August 2024) stipulates the authority to allocate land, lease land, and permit change of land use purpose as follows:

1. The Provincial People's Committee decides to allocate land, lease land, and permit change of land use purpose in the following cases:

a) Land allocation, land lease, and permission to change land use purposes for domestic organizations;

b) Land allocation and lease to religious organizations and affiliated religious organizations;

c) Land allocation and lease to Vietnamese people residing abroad and economic organizations with foreign investment capital;

d) Land lease to foreign organizations with diplomatic functions.

2. The district-level People's Committee decides to allocate land, lease land, and permit change of land use purpose in the following cases:

a) Land allocation, land lease, and permission to change land use purposes for individuals. In case of land lease to individuals or permission to change agricultural land use purposes 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;

b) Land allocation to residential communities.

3. The People's Committee at the commune level leases land from the agricultural land fund for public purposes of the commune, ward, or town.

4. The competent state agency that allocates land, leases land, and permits change of land use purpose as prescribed in Clauses 1 and 2 of this Article is the competent agency that decides 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 this Law and in cases where a decision to allocate land, lease land, or permit change of land use purpose is made in accordance with the provisions of this Law.

5. The competent state agencies specified in Clauses 1, 2 and 4 of this Article shall not be decentralized or authorized.

Thus, from August 2024, the People's Committee at the commune level only has the authority to lease land belonging to the agricultural land fund for public purposes of the commune, ward, and town according to the above regulations.