Decree 151/2025/ND-CP competence of two-tier local administrations, power delegation and decentralization in land
ATTRIBUTE
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 151/2025/ND-CP | Signer: | Nguyen Hoa Binh |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 12/06/2025 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Administration, Land - Housing, Organizational structure |
THE GOVERNMENT No. 151/2025/ND-CP | THE SOCIALIST REPUBLIC OF VIET NAM ______________________ Hanoi, June 12, 2025 |
DECREE
Providing for the definition of competence of two-tier local administrations, power delegation and decentralization in the field of land
Pursuant to the 2025 Law on Organization of the Government;
Pursuant to the 2025 Law on Organization of Local Administrations;
Pursuant to the National Assembly’s Resolution No. 190/2025/QH15 dated February 19, 2025, providing for the handling of a number of issues related to the reorganization of the state apparatus;
At the proposal of the Minister of Agriculture and Environment;
The Government promulgates the Decree providing for the definition of competence of two-tier local administrations, power delegation and decentralization in the field of land.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree provides for the competence, order and procedures for the performance of tasks and exercise of powers by competent agencies and persons in the field of state management of land as prescribed in laws, resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee, decrees of the Government, and decisions of the Prime Minister that require adjustment in order to implement the definition of competence, power delegation and decentralization in the field of land.
Article 2. Principles for the definition of competence, power delegation and decentralization in the field of land
1. To ensure conformity with the provisions of the Constitution; conformity with the principles and provisions on the definition of competence, power delegation and decentralization as prescribed in the Law on Organization of the Government and the Law on Organization of Local Administrations.
2. To ensure the delegation of tasks and thorough decentralization of tasks between central state agencies and local administrations; to ensure the Government’s unified management authority and the executive authority of the head of the Government over the field of state management of land, and to promote the proactiveness, creativity and self-responsibility of local administrations in performing state management in the field of land.
3. To ensure that the Government, the Prime Minister, ministries and ministerial-level agencies focus on performing state management at the macro level; on formulating institutions, strategies, master plans and plans in a synchronous and unified manner; on maintaining the role of a facilitator; and on strengthening inspection, examination and supervision.
4. To ensure a clear definition of competence among People’s Councils, People’s Committees and Chairpersons of People’s Committees; a clear definition of the general competence of People’s Committees and the separate competence of Chairpersons of People’s Committees; and conformity with the tasks, powers and capacity of agencies and persons with competence to perform the delegated and decentralized tasks and powers.
5. To ensure synchrony, comprehensiveness and interconnectivity, and avoid omission, overlap or intersection of tasks; to ensure a legal basis for the normal, continuous and smooth operation of agencies; to meet the requirements of local governance; and to apply science and technology, innovation and digital transformation.
6. To ensure human rights and citizens’ rights; to ensure publicity and transparency; and to create favorable conditions for organizations and individuals in accessing information and in exercising rights and obligations and carrying out procedures in accordance with law.
7. To ensure that the implementation does not affect the performance of international treaties and international agreements to which the Socialist Republic of Vietnam is a party.
8. Resources for the performance of delegated and decentralized tasks shall be guaranteed by the state budget in accordance with regulations.
Article 3. Charges and fees
For administrative procedures that require the payment of charges and fees in accordance with the law on charges and fees, when individuals and organizations submit dossiers requesting the settlement of administrative procedures, they shall concurrently pay charges and fees to the dossier-receiving agency. The rates, management and use of charges and fees shall be implemented in accordance with regulations of the Government, the Minister of Finance, or provincial-level People’s Councils with respect to corresponding charges and fees.
Chapter II
DEFINITION, DELEGATION AND DECENTRALIZATION OF COMPETENCE
Section 1
DEFINITION OF COMPETENCE
Article 4. Competence of district-level People’s Committees transferred to Chairpersons of provincial-level People’s Committees
The competence of district-level People’s Committees to decide on the use of land with water surfaces being lakes and lagoons stretching over the geographical areas of more than one commune or ward, as prescribed in Clause 2, Article 188 of the Land Law, shall be transferred to Chairpersons of provincial-level People’s Committees for implementation.
Article 5. Competence of district-level People’s Committees and Chairpersons of district-level People’s Committees transferred to Chairpersons of commune-level People’s Committees
1. The competence of district-level People’s Committees as prescribed in the Land Law shall be transferred to Chairpersons of commune-level People’s Committees for implementation, including:
a) Approving agricultural land use plans of economic organizations as prescribed in Clause 6, Article 45 of the Land Law; approving paddy land use plans of individuals as prescribed in Clause 7, Article 45 of the Land Law;
b) Deciding on land recovery in cases prescribed in Clause 2, Article 83 of the Land Law; land recovery related to the provisions at Point b, Clause 3; Clause 5; Point b, Clause 6, Article 87; and Clause 7, Article 91 of the Land Law;
c) Issuing a land recovery notice as prescribed at Point a, Clause 2, Article 87 of the Land Law;
d) Deciding on approval of compensation, support and resettlement plans as prescribed at Point c, Clause 3, Article 87 of the Land Law;
dd) Approving plans for enforcement of land recovery decisions and estimating funds for enforcement activities as prescribed at Point b, Clause 5, Article 89 of the Land Law;
e) Deciding on specific land prices as prescribed in Clause 2, Article 91 of the Land Law;
g) Deciding on selling prices of resettlement houses within the locality as prescribed in Clause 3, Article 111 of the Land Law;
h) Issuing certificates of land use rights and ownership of land-attached assets as prescribed at Point b, Clause 1, Article 136 and Point d, Clause 2, Article 142 of the Land Law;
i) Re-determining residential land areas and issuing certificates of land use rights and ownership of land-attached assets as prescribed in Clause 6, Article 141 of the Land Law;
k) Recording land prices in decisions on land allocation, land lease, permission for land repurposing, extension of land use period, adjustment of land use period, and change of land use form falling under the competence of Chairpersons of commune-level People’s Committees in cases where land prices in land price lists are applied for calculation of land use levy and land rental; issuing decisions on land prices falling under the competence of Chairpersons of commune-level People’s Committees in cases of determination of specific land prices as prescribed in Clause 4, Article 155 of the Land Law;
l) Deciding on the establishment of councils for appraisal of specific land prices as prescribed in Clause 3, Article 161 of the Land Law;
m) Deciding on land allocation, land lease, and permission for land repurposing with respect to individuals as prescribed at Point c, Clause 1 and Point a, Clause 2, Article 123 of the Land Law; deciding on land allocation to residential communities as prescribed at Point b, Clause 2, Article 123 of the Land Law; deciding on allocation of agricultural land to individuals as prescribed at Point b, Clause 2, Article 178 of the Land Law;
n) Approving plans for contribution of land use rights and land readjustment to implement projects on renovation and development of rural residential areas, and expansion and upgrading of rural transport roads as prescribed at Point b, Clause 3, Article 219 of the Land Law.
2. The competence of Chairpersons of district-level People’s Committees as prescribed in the Land Law shall be transferred to Chairpersons of commune-level People’s Committees for implementation, specifically as follows:
a) Deciding on the establishment of Councils for compensation, support and resettlement for each project as prescribed at Point c, Clause 2, Article 86 of the Land Law;
b) Issuing decisions on compulsory inventory as prescribed at Point dd, Clause 2, Article 87 of the Land Law;
c) Issuing decisions on enforcement of compulsory inventory decisions as prescribed in Clause 3, Article 88 of the Land Law;
d) Issuing decisions on enforcement of land recovery decisions as prescribed in Clause 3, Article 89 of the Land Law; issuing decisions on establishment of land recovery enforcement committees as prescribed at Point a, Clause 4, Article 89 of the Land Law;
dd) Deciding on land requisition and extension of land requisition as prescribed in Clause 3, Article 90 of the Land Law; establishing councils to determine amounts of compensation for damage caused by land requisition, and deciding on compensation levels as prescribed at Point d, Clause 7, Article 90 of the Land Law;
e) Deciding on specific land prices for cases prescribed at Point b, Clause 2, Article 160 of the Land Law;
g) Settling land disputes among households, individuals and residential communities as prescribed at Point a, Clause 3, Article 236 of the Land Law; issuing decisions on settlement of land disputes; issuing decisions on enforcement of decisions on settlement of land disputes as prescribed in Clause 4, Article 236 of the Land Law.
3. The competence of district-level agencies with land management function to hire land price determination consultancy organizations to determine specific land prices as prescribed in Clause 3, Article 160 of the Land Law shall be transferred to commune-level People’s Committees for implementation.
4. The competence of district-level People’s Committees as prescribed in decrees detailing the implementation of the Land Law shall be decentralized to Chairpersons of commune-level People’s Committees for implementation, specifically as follows:
a) Deciding on the establishment of councils for appraisal of specific land prices for the cases prescribed in Clause 1, Article 32 of the Government’s Decree No. 71/2024/ND-CP dated June 27, 2024, providing for land prices (below referred to as Decree No. 71/2024/ND-CP);
b) Deciding on approval of compensation, support and resettlement plans as prescribed in Clause 3, Article 3 of the Government’s Decree No. 88/2024/ND-CP dated July 15, 2024, providing for compensation, support and resettlement upon land recovery by the State (below referred to as Decree No. 88/2024/ND-CP);
c) Deciding on land prices for calculation of land use levy and land rental upon compensation in land with use purposes different from those of the recovered land as prescribed in Clause 1, Article 4 of Decree No. 88/2024/ND-CP;
d) Issuing decisions on land allocation to eligible individuals as prescribed in Article 53 of the Government’s Decree No. 102/2024/ND-CP dated July 30, 2024, detailing the implementation of a number of articles of the Land Law (below referred to as Decree No. 102/2024/ND-CP);
dd) Approving plans for auction of land use rights as prescribed at Point a, Clause 4, Article 55 of Decree No. 102/2024/ND-CP;
e) Issuing written approvals or disapprovals of agricultural land use plans as prescribed in Clause 2, Article 78 of Decree No. 102/2024/ND-CP;
g) Issuing written approvals or disapprovals of combined land use plans as prescribed at Point b, Clause 4, Article 99 of Decree No. 102/2024/ND-CP;
h) Approving plans for contribution of land use rights and land readjustment in cases of contribution of land use rights by individuals as prescribed at Point c, Clause 3, Article 100 of Decree No. 102/2024/ND-CP;
i) Approving plans for enforcement of decisions on settlement of land disputes as prescribed at Point b, Clause 6, Article 108 of Decree No. 102/2024/ND-CP.
5. The competence of Chairpersons of district-level People’s Committees as prescribed in decrees detailing the implementation of the Land Law shall be transferred to Chairpersons of commune-level People’s Committees for implementation, specifically as follows:
a) Organizing the implementation of determination of specific land prices as prescribed in Clause 3, Article 38 of Decree No. 71/2024/ND-CP;
b) Determining compensation amounts for damage caused by land requisition in cases prescribed at Point a, Clause 3, Article 29 of Decree No. 102/2024/ND-CP;
c) Deciding on the establishment of compulsory inventory enforcement committees as prescribed in Clause 1, Article 36 of Decree No. 102/2024/ND-CP;
d) Issuing decisions on enforcement of decisions on settlement of land disputes; decisions on establishment of enforcement committees; and decisions on members of enforcement committees as prescribed at Point a, Clause 3; Point a, Clause 6; and Points a and b, Clause 7, Article 108 of Decree No. 102/2024/ND-CP.
Article 6. Competence of district-level agencies with land management function transferred to commune-level agencies with land management functions
The competence of district-level agencies with land management function to issue inspection plans and inspection decisions in the field of land within their management scope as prescribed at Point b, Clause 2, Article 103 of Decree No. 102/2024/ND-CP shall be transferred to commune-level agencies with land management function for implementation.
Section 2
POWER DELEGATION AND DECENTRALIZATION
Article 7. Competence of the Government and the Prime Minister delegated and decentralized to the Minister of Agriculture and Environment, provincial-level People’s Councils and provincial-level People’s Committees
1. The competence of the Government to appraise and approve the national land use plan as prescribed in Clause 2, Article 72 of the Land Law shall be performed by the Minister of Agriculture and Environment.
2. The competence of the Prime Minister as prescribed in the Land Law shall be performed by the Minister of Agriculture and Environment, including:
a) Deciding on the establishment of national land-use plan appraisal councils as prescribed at Point b, Clause 1, Article 71 of the Land Law;
b) Allocating land use norms to provincial-level administrative units, the Ministry of National Defense and the Ministry of Public Security as prescribed in Clause 1, Article 76 of the Land Law.
3. The competence of the Prime Minister to approve provincial-level land use plans for centrally-run cities that are not required to formulate provincial-level land use master plans as prescribed in Clause 3, Article 72 of the Land Law shall be performed by provincial-level People’s Councils.
4. The competence of the Prime Minister to decide on cases of land allocation and land lease without auction of land use rights and without bidding to select investors to implement land-using projects as prescribed at Point p, Clause 3, Article 124 of the Land Law shall be performed by provincial-level People’s Committees when one of the following conditions is satisfied:
a) Falling under projects using land for public purposes as prescribed at Point e, Clause 3, Article 9 of the Land Law with business purposes, but not falling under cases prescribed in Clauses 1, 2 and 5, Article 124 of the Land Law;
b) Falling under projects that have been approved or decided on investment policy by the National Assembly or the Prime Minister in accordance with law, which fall under cases of land recovery as prescribed in Clause 31, Article 79 of the Land Law, but not falling under cases of investor selection in accordance with the investment law or the bidding law and irrespective of investment capital sources;
c) Land-using investment projects fall under cases in which the State leases land with annual land rental payment with respect to land funds managed by state agencies or organizations;
d) Falling under other cases not prescribed in Article 125 and Article 126 of the Land Law.
5. The competence of the Prime Minister to decide on other force majeure cases as prescribed at Point g, Clause 1, Article 31 of Decree No. 102/2024/ND-CP shall be performed by provincial-level People’s Committees.
Article 8. Competence of provincial-level People’s Councils delegated and decentralized to provincial-level People’s Committees
The competence of provincial-level People’s Councils as prescribed in the Land Law and decrees detailing the implementation of the Land Law shall be performed by provincial-level People’s Committees, including:
1. Deciding on specific policies on compensation, support and resettlement as prescribed in Clause 1, Article 92 of the Land Law and Clause 1, Article 7 of Decree No. 88/2024/ND-CP.
2. Deciding on the initial land price lists, and deciding on adjustment, amendment and supplementation of land price lists as prescribed in Clause 3, Article 159 of the Land Law and Clause 5, Article 14; Clause 1, Article 16; and Point a, Clause 2, Article 38 of Decree No. 71/2024/ND-CP.
3. Approving the repurposing of paddy land, special-use forest land, protection forest land and production forest land to other purposes as prescribed in Clause 1, Article 122 of the Land Law.
Article 9. Competence of provincial-level People’s Committees delegated and decentralized to Chairpersons of provincial-level People’s Committees
1. The competence of provincial-level People’s Committees as prescribed in the Land Law and decrees detailing the implementation of the Land Law shall be performed by Chairpersons of provincial-level People’s Committees, including:
a) Deciding on land recovery as prescribed in Clause 1, Article 83 of the Land Law in cases of land recovery due to violations of the land law;
b) Deciding on selling prices of resettlement houses in cases where resettlement houses are arranged in a commune-level locality different from the commune-level locality where recovered land is located, as prescribed in Clause 3, Article 111 of the Land Law;
c) Assigning land fund development organizations to manage and exploit land areas in cases prescribed in Clause 1, Article 113 of the Land Law;
d) Deciding on land allocation, land lease and permission for land repurposing in cases prescribed in Clause 1, Article 123 of the Land Law;
dd) Giving written approval of negotiation on acquisition of land use rights to implement projects in cases prescribed at Point c, Clause 3, Article 127 of the Land Law, where land is allocated by the State with land use levy payment or leased by the State with one-off payment of land rental for the entire lease period;
e) Deciding on forms of land use as prescribed at Point a, Clause 2, Article 142 of the Land Law in cases of land use in the forms prescribed in Article 119 and Clause 2, Article 120 of the Land Law;
g) Deciding on land recovery in accordance with law in cases prescribed at Point c, Clause 2, Article 142 of the Land Law;
h) Recording land prices in decisions on land allocation, land lease, permission for land repurposing, extension of land use period, adjustment of land use period, and change of land use form falling under the competence of provincial-level People’s Committees in cases where land prices in land price lists are applied for calculation of land use levy and land rental; issuing decisions on land prices falling under the competence of provincial-level People’s Committees in cases of determination of specific land prices as prescribed in Clause 4, Article 155 of the Land Law;
i) Deciding on the establishment of councils for appraisal of land price lists and councils for appraisal of specific land prices in cases prescribed in Clauses 1 and 2, Article 161 of the Land Law; Point a, Clause 6, Article 13; and Clause 1, Article 32 of Decree No. 71/2024/ND-CP.
2. The competence of provincial-level People’s Committees to decide on land prices for calculation of land use levy and land rental upon compensation in land with use purposes different from those of the recovered land as prescribed in Clause 1, Article 4 of Decree No. 88/2024/ND-CP shall be performed by Chairpersons of provincial-level People’s Committees.
3. The competence of provincial-level People’s Committees as prescribed in the Government’s Decree No. 101/2024/ND-CP dated July 29, 2024, providing for basic land investigation; registration and issuance of certificates of land use rights and ownership of land-attached assets; and the land information system (below referred to as Decree No. 101/2024/ND-CP), shall be performed by Chairpersons of provincial-level People’s Committees, including:
a) Appraising, approving and announcing the results of provincial-level land investigation and evaluation as prescribed in Clause 2, Article 11 of Decree No. 101/2024/ND-CP;
b) Appraising, approving and announcing the results of provincial-level land protection, improvement and rehabilitation as prescribed in Clause 3, Article 13 of Decree No. 101/2024/ND-CP.
4. The competence of provincial-level People’s Committees as prescribed in Decree No. 102/2024/ND-CP shall be performed by Chairpersons of provincial-level People’s Committees, including:
a) Deciding on matters prescribed at Point a, Clause 1 and Clause 4, Article 12 of Decree No. 102/2024/ND-CP;
b) Approving plans for auction of land use rights as prescribed at Point b, Clause 4, Article 55 of Decree No. 102/2024/ND-CP;
c) Approving or disapproving economic organizations to receive transfer of land use rights, lease land use rights, or receive capital contribution in the form of land use rights to implement projects as prescribed in Clauses 4 and 5, Article 60 of Decree No. 102/2024/ND-CP in cases where land is allocated by the State with land use levy payment or leased by the State with one-off payment of land rental for the entire lease period;
d) Deciding on permission for project implementation in cases where investors request adjustment of project scope as prescribed at Point a, Clause 2, Article 61 of Decree No. 102/2024/ND-CP;
dd) Establishing Steering Committees to direct and organize the management and use of land by agricultural and forestry companies as prescribed in Article 181 of the Land Law and Clause 1, Article 67 of Decree No. 102/2024/ND-CP;
e) Establishing appraisal councils and approving land use plans as prescribed in Clause 4, Article 68 of Decree No. 102/2024/ND-CP;
g) Deciding on land allocation and land lease to agricultural and forestry companies with respect to the land area retained by such companies as prescribed at Point a, Clause 1, Article 69 of Decree No. 102/2024/ND-CP;
h) Recovering land areas as prescribed at Point dd, Clause 1, Article 181 of the Land Law and Point dd, Clause 1, Article 69 of Decree No. 102/2024/ND-CP;
i) Approving investment projects on sea encroachment as prescribed at Point c, Clause 5, Article 72 of Decree No. 102/2024/ND-CP;
k) Deciding on land allocation and land lease concurrently with allocation of sea areas for implementation of sea encroachment activities as prescribed in Clause 3, Article 73 of Decree No. 102/2024/ND-CP;
l) Deciding on supplementation and adjustment of the multi-year average highest tidal water level line, and adjustment of coastal protection corridors in sea encroachment areas as prescribed at Point b, Clause 3, Article 74 of Decree No. 102/2024/ND-CP;
m) Approving final settlement of sea encroachment costs as prescribed in Clause 2, Article 75 of Decree No. 102/2024/ND-CP;
n) Deciding on land allocation and land lease with respect to land users in hi-tech parks as prescribed in Article 95 of Decree No. 102/2024/ND-CP;
o) Deciding on land allocation and land lease for civil airports and aerodromes as prescribed in Article 96 of Decree No. 102/2024/ND-CP;
p) Approving or disapproving plans for combined land use as prescribed at Point c, Clause 4, Article 99 of Decree No. 102/2024/ND-CP.
Article 10. Competence of provincial-level People’s Committees delegated and decentralized to commune-level People’s Committees and Chairpersons of commune-level People’s Committees
1. The competence of provincial-level People’s Committees to decide on measures and other support levels for each specific project as prescribed in Clause 2, Article 108 of the Land Law, Clause 7, Article 12 and Clause 9, Article 13 of Decree No. 88/2024/ND-CP shall be performed by commune-level People’s Committees.
2. The competence of provincial-level People’s Committees to decide on land recovery as prescribed in Clause 1, Article 83 of the Land Law in cases of land recovery due to termination of land use under law, voluntary return of land, appearance of threats to human life or inability to continue using land shall be performed by Chairpersons of commune-level People’s Committees.
3. The competence of provincial-level People’s Committees as prescribed in the Land Law shall be performed by Chairpersons of commune-level People’s Committees, except for the cases prescribed in Article 9 of this Decree and cases of projects involving multiple forms of land use, including land areas falling under cases in which the State allocates land with land use levy payment or leases land with one-off payment of land rental for the entire lease period, including:
a) Deciding on land allocation without land use levy for cases prescribed in Article 118 of the Land Law;
b) Deciding on land lease with annual land rental payment for cases prescribed in Clause 3, Article 120 of the Land Law;
c) Giving written approval of negotiation on acquisition of land use rights for project implementation for cases prescribed at Point c, Clause 3, Article 127 of the Land Law, where land is allocated by the State without land use levy payment or leased by the State with annual land rental payment;
d) Deciding on land allocation, land lease and permission for land repurposing for cases eligible for full exemption from land rental for the entire lease period in accordance with the Government’s regulations on land use levy and land rental;
dd) Deciding on forms of land use and issuing certificates of land use rights and ownership of land-attached assets as prescribed at Point a, Clause 2, Article 142 of the Land Law for cases of land use in the forms prescribed in Article 118 and Clause 3, Article 120 of the Land Law, or cases prescribed in Article 119 and Clause 2, Article 120 of the Land Law that are eligible for full exemption from land use levy and land rental for the entire lease period in accordance with the Government’s regulations on land use levy and land rental;
e) Approving plans for rearrangement of residential land areas into residential quarters for cases prescribed at Point d, Clause 2, Article 142 of the Land Law;
g) Deciding on land allocation and land lease for civil airports and aerodromes in cases prescribed in Clause 2, Article 208 of the Land Law;
h) Approving plans for contribution of land use rights and land readjustment for cases prescribed at Point b, Clause 3, Article 219 of the Land Law.
Article 11. Competence of provincial-level People’s Committees delegated and decentralized to provincial-level agencies with land management function
The competence of provincial-level People’s Committees as prescribed in the Land Law and decrees detailing the implementation of the Land Law shall be performed by provincial-level agencies with land management function, including:
1. Issuing certificates of land use rights and ownership of land-attached assets to land users and owners of land-attached assets falling under the competence of land allocation and land lease of Chairpersons of provincial-level People’s Committees as prescribed in this Decree, except for cases prescribed in Clause 2 of this Article.
2. Issuing certificates of land use rights and ownership of land-attached assets with respect to land areas of agricultural and forestry companies that are permitted to continue using such land in accordance with approved plans as prescribed at Point c, Clause 1, Article 181 of the Land Law.
Section 3
DEFINITION OF RESPONSIBILITIES
Article 12. Responsibilities of provincial-level People’s Committees
Provincial-level People’s Committees shall be responsible for performing state management of the matters prescribed in the Land Law and decrees detailing the implementation of the Land Law as follows:
1. Organizing the formulation and implementation of resettlement projects as prescribed in Clause 6, Article 91 and Clause 1, Article 110 of the Land Law.
2. Organizing the implementation of monitoring and evaluation of land management and use by subordinate commune-level administrations; and evaluating land management and use within the provincial-level locality as prescribed at Point b, Clause 4, Article 232 of the Land Law.
3. Submitting provincial-level land use master plans for approval as prescribed in Article 18 of Decree No. 102/2024/ND-CP.
4. Directing commune-level People’s Committees to carry out land recovery related to land for national defense and security as prescribed in Clause 3, Article 25 of Decree No. 102/2024/ND-CP.
5. Reviewing, handling and publicly announcing the investment projects that have failed to put land into use for 12 consecutive months or have their land use progress that is 24 months behind the schedule stated in the investment projects; projects granted extension; and projects that are behind their land use progress due to force majeure reasons, as prescribed in Clause 3, Article 31 of Decree No. 102/2024/ND-CP.
Article 13. Responsibilities of commune-level People’s Councils
Commune-level People’s Councils shall be responsible for performing state management of the matters prescribed in the Land Law as follows:
1. Designating representatives of commune-level People’s Councils to attend meetings of compensation, support and resettlement councils for supervision purposes as prescribed at Point c, Clause 2, Article 86 of the Land Law.
2. Approving commune-level land use master plans and plans.
Article 14. Responsibilities of commune-level People’s Committees
1. Commune-level People’s Committees shall be responsible for performing state management of the matters prescribed in the Land Law as follows:
a) Giving opinions on provincial-level land use master plans as prescribed at Point a, Clause 2, Article 70 of the Land Law;
b) Organizing the formulation and adjustment of commune-level land use master plans and five-year commune-level land use plans as prescribed in Article 19 and Article 20 of this Decree;
c) Publicly announcing commune-level land use master plans and five-year commune-level land use plans as prescribed in Article 19 and Article 20 of this Decree;
d) Organizing the implementation of local land use master plans and plans as prescribed in Clause 3, Article 76 of the Land Law;
dd) Announcing and publicly disclosing the scope of land recovery according to project schedules to land users for projects not included in commune-level land use plans as prescribed in Clause 5, Article 76 of the Land Law;
e) Reporting results of implementation of land use master plans and plans to provincial-level People’s Committees before October 15 every year as prescribed in Clause 1, Article 77 of the Land Law;
g) Directing and organizing the implementation of compensation, support and resettlement tasks as prescribed in Clauses 1 and 3, Article 86 of the Land Law;
h) Managing recovered land in rural areas as prescribed in Clause 5, Article 86 of the Land Law;
i) Organizing the enforcement of land recovery decisions; settling complaints related to enforcement in accordance with the law on complaints; ensuring necessary conditions and facilities for enforcement; and arranging funding for enforcement of land recovery as prescribed at Point a, Clause 5, Article 89 of the Land Law;
k) Organizing the formulation and implementation of resettlement projects as prescribed in Clause 6, Article 91 and Clause 1, Article 110 of the Land Law;
l) Formulating and organizing the implementation of plans on training, career change and job search in the locality; organizing the collection of opinions and receiving and explaining opinions of persons whose land is recovered as prescribed at Point c, Clause 4, Article 109 of the Land Law.
m) Assigning responsibilities to units and organizations performing compensation, support and resettlement work as prescribed in Clause 1, Article 111 of the Land Law.
n) Performing the responsibilities prescribed in Clause 5, Article 125 of the Land Law;
o) Receiving handover of land areas as prescribed at Point d, Clause 2, Article 142 of the Land Law in order to carry out the issuance of certificates of land use rights and ownership of land-attached assets to residential land users in accordance with law;
p) Managing land areas of agricultural and forestry companies handed over to localities as prescribed at Point d, Clause 1, Article 181 of the Land Law, land areas prescribed at Point e, Clause 2, Article 181 of the Land Law, and performing other tasks as prescribed in Clause 2, Article 181 of the Land Law;
q) Managing riparian and coastal alluvial land areas within the locality; investigating, surveying, monitoring and evaluating riparian and coastal alluvial land areas that are regularly accreted or frequently eroded in order to develop plans for exploitation and use, as prescribed at Point a, Clause 2 and Clause 4, Article 191 of the Land Law.
r) Performing the responsibilities prescribed in Clause 7, Article 219 of the Land Law.
2. Commune-level People’s Committees shall be responsible for performing state management of the matters prescribed in decrees detailing the implementation of the Land Law as follows:
a) Participating in the formulation of land price lists under the direction of provincial-level People’s Committees as prescribed in Clause 4, Article 13 of Decree No. 71/2024/ND-CP;
b) Arranging land areas in cemeteries according to planning for relocation of graves upon land recovery as prescribed in Clause 1, Article 15 of Decree No. 88/2024/ND-CP;
c) Performing the responsibilities prescribed in Clause 6, Article 9 and Clause 2, Article 20 of Decree No. 101/2024/ND-CP;
d) Performing the responsibilities prescribed in Clause 2, Article 8 of Decree No. 102/2024/ND-CP;
dd) Posting publicly on the national land use right auction information portal integrated into the specialized website on property auction managed by the Ministry of Justice, and on portals or websites as prescribed at Point a, Clause 3, Article 54 of Decree No. 102/2024/ND-CP;
e) Reviewing and determining boundaries and land use areas of agricultural and forestry companies as prescribed in Clause 4, Article 67 of Decree No. 102/2024/ND-CP;
g) Giving opinions on dossiers of land use plans and participating in councils for appraisal of land use plans as prescribed at Points b and c, Clause 4, Article 68 of Decree No. 102/2024/ND-CP;
h) Receiving handover of land on the field as prescribed at Points d and dd, Clause 1, Article 69 of Decree No. 102/2024/ND-CP;
i) Organizing the implementation of land use plans as prescribed in Clauses 3, 4, 5 and 6, Article 69 of Decree No. 102/2024/ND-CP;
k) Organizing the implementation of the provisions prescribed in Clause 8, Article 93 of Decree No. 102/2024/ND-CP;
l) Organizing the implementation of the provisions prescribed in Clause 4, Article 94 of Decree No. 102/2024/ND-CP;
m) Reporting to provincial-level People’s Committees on monitoring and evaluation of land management and use as prescribed at Point c, Clause 6, Article 101 of Decree No. 102/2024/ND-CP.
Article 15. Responsibilities of Chairpersons of commune-level People’s Committees
1. Chairpersons of commune-level People’s Committees shall be responsible for performing state management of the matters prescribed in the Land Law as follows:
a) Organizing the implementation of decisions on enforcement of compulsory inventory decisions as prescribed at Point dd, Clause 2, Article 87 and Clause 3, Article 88 of the Land Law;
b) Organizing the implementation of decisions on enforcement of land recovery decisions as prescribed at Point b, Clause 7, Article 87 and Clause 3, Article 89 of the Land Law;
c) Organizing the enforcement of decisions on land requisition as prescribed in Clause 5, Article 90 of the Land Law;
d) Participating in councils for appraisal of land price lists as prescribed in Clause 1, Article 161 of the Land Law; participating as Chairpersons of commune-level councils for appraisal of specific land prices as prescribed in Clause 3, Article 161 of the Land Law;
dd) Organizing the implementation of decisions on enforcement of decisions on settlement of land disputes as prescribed in Clause 4, Article 236 of the Land Law;
e) Detecting, preventing and promptly handling violations of the law on land management and use in the locality within their competence as prescribed at Point a, Clause 1, Article 241 of the Land Law.
2. Chairpersons of commune-level People’s Committees shall be responsible for performing state management of the matters prescribed in Decree No. 102/2024/ND-CP as follows:
a) Participating in councils for determination of compensation amounts for damage caused by land requisition as prescribed in Clauses 3 and 4, Article 29 of Decree No. 102/2024/ND-CP;
b) Participating in Steering Committees as prescribed in Clause 1, Article 67 of Decree No. 102/2024/ND-CP.
Article 16. Responsibilities of provincial-level agencies with land management function and land fund development organizations
1. Provincial-level agencies with land management function shall be responsible for performing state management of the matters prescribed in the Land Law and decrees detailing the implementation of the Land Law as follows:
a) Handing over land areas as prescribed at Point d, Clause 2, Article 142 of the Land Law to commune-level People’s Committees of localities where such land is located for the issuance of certificates of land use rights and ownership of land-attached assets to residential land users in accordance with law;
b) Submitting to provincial-level People’s Committees for decision land price lists as prescribed in Clause 5, Article 14 and Clauses 1 and 3, Article 16 of Decree No. 71/2024/ND-CP;
c) Submitting to provincial-level People’s Committees for decision specific policies on compensation, support and resettlement as prescribed in Clause 1, Article 7 of Decree No. 88/2024/ND-CP;
d) Receiving and monitoring reports of commune-level People’s Committees on cadastral survey and mapping and on management, use and changes of cadastral maps in localities as prescribed in Clause 7, Article 9 of Decree No. 101/2024/ND-CP.
2. Land registration offices shall have professional divisions and branches of land registration offices. Branches of land registration offices shall be located in commune-level administrative units or inter-communal or ward areas as decided by provincial-level People’s Committees.
Land registration offices and their branches shall be responsible for updating cadastral maps into the national land database; checking and certifying cadastral map extracts, except for the following cases:
a) Cases falling under the competence for checking and certifying of provincial-level agencies with land management function;
b) Cases of cadastral map extraction serving registration and issuance of certificates of land use rights and ownership of land-attached assets falling under the competence of commune-level People’s Committees.
3. Land fund development organizations are public non-business units established by decision of Chairpersons of provincial-level People’s Committees and attached to provincial-level People’s Committees. Based on actual conditions in localities, Chairpersons of provincial-level People’s Committees shall decide on the establishment of regional branches of land fund development organizations.
Land fund development organizations and their regional branches shall have legal status, their own seals, and may open accounts to operate in accordance with the law applicable to public non-business units, and shall have tasks, organizational structures, apparatus, autonomy mechanisms, financial revenue sources, expenditures, and coordination regulations as prescribed in Clauses 2, 3, 4, 5 and 6, Article 14 of Decree No. 102/2024/ND-CP.
Public non-business units attached to commune-level People’s Committees may perform the tasks of land fund development organizations as prescribed at Points b, c, d, dd, g and i, Clause 2, Article 14 of Decree No. 102/2024/ND-CP.
Article 17. Responsibilities of commune-level agencies with land management function
1. Commune-level agencies with land management function shall be responsible for performing state management of the matters prescribed in the Land Law as follows:
a) Assisting commune-level People’s Committees in land management in the locality as prescribed in Clause 5, Article 22 of the Land Law;
b) Organizing the formulation of commune-level land use master plans and land use plans as prescribed in Article 19 and Article 20 of this Decree;
c) Managing and using information from cadastral dossiers to serve requirements of state management of land in the locality and at the request of citizens; updating land changes for cases falling under their competence; and recording violations in land management and use into cadastral dossiers as prescribed in Clause 4, Article 130 of the Land Law;
d) Assisting Chairpersons of commune-level People’s Committees in organizing the determination of specific land prices as prescribed in Clause 3, Article 160 of the Land Law;
dd) Organizing specialized inspection of land as prescribed at Point c, Clause 3, Article 234 of the Land Law;
e) Participating in land dispute conciliation councils to conduct land dispute conciliation as prescribed at Point b, Clause 2, Article 235 of the Land Law;
g) Inspecting, urging and guiding the performance of official duties by cadres and civil servants; promptly and lawfully settling, within their competence, or proposing competent agencies to settle complaints, denunciations and petitions of individuals and organizations; promptly handling violations of the law on land management and use in the locality within their competence; and detecting and proposing timely handling of violations of the land law in the performance of official duties as prescribed in Clauses 2 and 3, Article 241 of the Land Law.
2. Commune-level agencies with land management function shall be responsible for performing state management of the matters prescribed in decrees detailing the implementation of the Land Law as follows:
a) Assuming the prime responsibility for, and coordinating with related agencies in, appraising compensation, support and resettlement plans as prescribed in Clause 3, Article 3 of Decree No. 88/2024/ND-CP;
b) Signing confirmation of cadastral map extracts serving registration and issuance of certificates of land use rights and ownership of land-attached assets falling under the competence of commune-level People’s Committees after such extracts have been signed for confirmation by land users and surveying units;
c) Performing the tasks prescribed at Point b, Clause 1, Article 24 of Decree No. 101/2024/ND-CP;
d) Providing necessary documents and coordinating with competent state agencies in the process of settlement and agreement on administrative unit boundaries as prescribed in Clause 2, Article 11 of Decree No. 102/2024/ND-CP;
dd) Designating representatives to participate in committees for compulsory inventory enforcement as prescribed in Clause 1, Article 36 of Decree No. 102/2024/ND-CP;
e) Aggregating demands for repurposing of paddy land, special-use forest land, protection forest land and production forest land for implementation of investment projects in the locality prior to the formulation of commune-level land use plans in cases prescribed in Clause 1, Article 50 of Decree No. 102/2024/ND-CP;
g) Examining and finalizing dossiers for submission to commune-level People’s Committees for approval of plans for auction of land use rights as prescribed at Point a, Clause 4, Article 55 of Decree No. 102/2024/ND-CP;
h) Reviewing the current status of land use within safety protection corridors of works and areas as prescribed in Clause 2, Article 97 of Decree No. 102/2024/ND-CP;
i) Assuming the prime responsibility for, and coordinating with relevant divisions and units in, appraising combined land use plans for submission to commune-level People’s Committees as prescribed at Point b, Clause 4, Article 99 of Decree No. 102/2024/ND-CP;
k) Participating in committees for enforcement of decisions on settlement of land disputes as prescribed at Point b, Clause 7, Article 108 of Decree No. 102/2024/ND-CP.
Section 4
PROVISIONS RELATED TO THE DEFINITION OF COMPETENCE
Article 18. Provisions related to procedures and dossiers for registration of land and land-attached assets, and cadastral dossiers
1. For the submission of dossiers prescribed in Clauses 3 and 4, Article 21 of Decree No. 101/2024/ND-CP, applicants may choose one of the dossier-receiving places within the provincial-level administrative area.
2. Cadastral dossiers prescribed in Clause 1, Article 128 of the Land Law shall be compiled by commune-level administrative units.
3. Agencies settling administrative procedures related to land shall not require land users to carry out the rectification of dossiers and documents related to land after the arrangement and organization of the two-tier local administration system; such rectification shall be carried out concurrently when land users perform administrative procedures or based on the needs of land users.
4. When carrying out procedures for the issuance of certificates of land use rights and ownership of land-attached assets under Articles 137, 138, 139, and 140 of the Land Law, commune-level People’s Committees are not required to separately certify conformity with planning, absence of disputes, or stable land use.
Article 19. Commune-level land-use master plans
1. Bases for formulating commune-level land-use master plans include:
a) Provincial master plans and provincial-level land-use master plans; urban master plans of centrally run cities in cases where provincial-level land-use master plans are not formulated;
b) Technical and specialized master plans;
c) Commune-level socio-economic development plans; in cases where such plans are unavailable, socio-economic development plans of the commune-level administrative units within the area prior to July 1, 2025 shall be used;
d) Natural, economic and social conditions of the commune-level administrative unit;
dd) Current land use, land-use changes and land potential;
e) Land-use needs and capacity of sectors, fields and commune-level People’s Committees; for the determination of needs for residential land, urban-area land and rural residential-area land, such needs shall be determined on the basis of population forecasts, infrastructure conditions, landscape and environment in accordance with the law on construction;
g) Land-use norms and scientific and technological advances related to land use.
2. Contents of formulating commune-level land-use master plans:
a) Analyzing and assessing natural, economic and social conditions, current environmental conditions and climate change impacts on land use at the commune level;
b) Analyzing and assessing resources that directly affect land use at the commune level;
c) Analyzing and assessing the current status of land use by land types prescribed in Article 9 of the Land Law and Articles 4, 5 and 6 of Decree No. 102/2024/ND-CP;
d) Determining viewpoints and objectives for the use of agricultural land groups, non-agricultural land groups and unused land groups in conformity with socio-economic development objectives and land-use master plans during the planning period; meeting requirements for socio-economic development, national defense, security, environmental protection and climate change adaptation;
dd) Forecasting trends in the transformation of land-use structure during the planning period;
e) Determining land-use indicators by land type, including land-use indicators allocated by the provincial level and remaining land areas prescribed in Article 9 of the Land Law and Articles 4, 5 and 6 of Decree No. 102/2024/ND-CP according to commune-level land-use needs;
g) Phasing five-year land-use plans within commune-level land-use master plans and contents of land-use plans as prescribed in Clause 4, Article 20 of this Decree;
h) Solutions and resources for the implementation of land-use master plans.
3. Formulating maps, building and updating commune-level land-use master plan data into the national land database:
a) The map system includes: maps of current land use at the commune level; maps of commune-level land-use master plans. The formulation of maps shall comply with the law on map-making;
b) Building and updating commune-level land-use master plan data, including spatial data and attribute data.
4. For localities that already have urban master plans or zoning master plans formulated in accordance with the law on urban and rural planning, commune-level land-use master plans are not required; commune-level land-use plans shall be formulated based on approved master plans, allocated land-use indicators and local land-use needs.
5. In cases not falling under Clause 4 of this Article or where only part of master plans under the law on urban and rural planning has been completed, when formulating commune-level land-use master plans, orientations already determined in the commune master plan shall be updated for the corresponding land-use planning period.
6. Commune-level People’s Committees shall publicly announce commune-level land-use master plans at their offices and on the electronic information portals of commune-level People’s Committees.
7. The timing, duration and documents for public disclosure of commune-level land-use master plans shall comply with Clauses 4 and 5, Article 75 of the Land Law.
8. Adjustments to commune-level land-use master plans shall be carried out in the same manner as the formulation of commune-level land-use master plans prescribed in this Article.
Article 20. Commune-level land-use plans
1. Bases for formulating commune-level land-use plans include:
a) Provincial master plans, provincial-level land-use master plans, provincial-level land-use plans; commune-level land-use master plans; master plans formulated in accordance with the law on urban and rural planning in cases where commune-level land-use master plans are not required to be formulated;
b) Current land use; results of implementation of land-use plans of the preceding period;
c) Land-use needs and capacity of sectors and fields at all levels and of organizations; works and projects for which investment policy approval has been granted;
d) Capacity for investment and mobilization of resources for implementing land-use plans.
2. Criteria for determining works and projects in commune-level land-use plans include:
a) Ensuring national defense and security;
b) Having obtained investment policy approval;
c) Ensuring economic, social and environmental efficiency;
d) Ensuring feasibility of implementation.
3. Consolidation of land-use needs in formulating commune-level land-use plans:
a) Works and projects prescribed in Articles 78 and 79 of the Land Law to be implemented during the planning period;
b) Works and projects that have obtained investment policy approval and works and projects expected to be implemented during the planning period;
c) For investment projects and cases where individuals change land-use purposes that must be permitted by competent state agencies in accordance with Clause 1, Article 121 of the Land Law, not falling under the cases prescribed in Clause 5, Article 116 of the Land Law, and cases of change of land-use purposes from agricultural land to commercial or service land with an area of 0.5 hectares or more, registration of land-use needs shall be made and sent to commune-level People’s Committees for consolidation into commune-level land-use plans.
4. Contents of commune-level land-use plans include:
a) Areas of land types allocated in provincial-level land-use master plans, provincial-level land-use plans, commune-level land-use master plans, and areas of land types according to commune-level land-use needs during the planning period, with allocation to each planning year;
b) Lists of works and projects expected to be implemented during the planning period; projects for allocating residential land and production land for ethnic minority people (if any); areas of land for auction of land-use rights; areas for resettlement arrangement; and areas of production land expected to be compensated for persons whose land is recovered;
c) Areas of land types and lists of works and projects identified in the preceding planning period, and areas of land types for works and projects prescribed in Clause 4, Article 67 of the Land Law to be continued in the subsequent planning period;
d) Determination of areas requiring change of land-use purposes in accordance with Clause 1, Article 121 of the Land Law, except for cases prescribed in Clause 5, Article 116 of the Land Law;
dd) Determination of areas requiring land recovery prescribed in Articles 78 and 79 of the Land Law during the planning period;
e) Determination of solutions for organizing the implementation of commune-level land-use plans.
5. Formulation of maps of commune-level land-use plans:
a) Maps of commune-level land-use plans for areas with works and projects included in the list of land recovery or change of land-use purposes, shown on the base maps of commune-level land-use master plans, or approved master plan maps or zoning master plan maps in accordance with the law on urban and rural planning;
b) Maps or drawings showing locations, boundaries, areas and land types of works and projects prescribed at Point a of this Clause on the base of cadastral maps. In cases where cadastral maps are unavailable, maps of current land use at the commune level shall be used.
6. Commune-level People’s Committees shall publicly announce commune-level land-use plans at their offices and on the electronic information portals of commune-level People’s Committees.
7. The timing, duration and documents for public disclosure of commune-level land-use plans shall comply with Clauses 4 and 5, Article 75 of the Land Law.
8. During the implementation of commune-level land-use plans, based on actual local conditions, provincial-level People’s Committees shall direct commune-level People’s Committees to formulate and adjust commune-level land-use plans. The adjustment of commune-level land-use plans shall be carried out in the same manner as the formulation of commune-level land-use plans prescribed in this Article.
9. Upon the end of the period of a commune-level land-use plan, where the subsequent land-use plan has not yet been decided or approved by a competent authority, land-use indicators not fully implemented shall continue to be implemented until the subsequent land-use plan is decided or approved by a competent state agency.
10. The period of commune-level land-use plans is five (05) years.
Chapter III
IMPLEMENTATION PROVISIONS
Article 21. Effect
1. This Decree takes effect on July 1, 2025.
2. This Decree shall be implemented until before March 1, 2027. In cases where relevant legal normative documents have been amended, supplemented or newly promulgated to conform with the organization of the two-tier local administration system, the newly promulgated legal normative documents shall apply.
3. Promulgated together with this Decree is the Appendix on order and procedures in the field of land that have been amended and supplemented in accordance with the delegated, decentralized and defined competence prescribed in Chapter II of this Decree.
4. The following provisions shall cease to be effective from the effective date of this Decree:
a) Clauses 1 and 2, Article 22 of Decree No. 71/2024/ND-CP;
b) Clauses 5 and 11, Article 9; Clause 1, Article 19; Clause 3, Article 20; Articles 21, 22, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 60; Forms No. 01/DK, 02/DK, 03/DK, 04/DK, 05/DK, 06/DK, 07/DK, 08/DK, 09/DK, 10/DK, 11/DK, 12/DK, and 14/DK of Decree No. 101/2024/ND-CP;
c) Clause 1, Article 14; Clauses 1 and 5, Article 54; Point c, Clause 2 and Point a, Clause 3, Article 94; Clauses 4 and 6, Article 99; Clause 3, Article 100; Point b, Clause 6, Article 101; Articles 20, 21, 23, 44, 45, 48, 49, 51, 52, 53, 60, 64, 66, 68, 73, 106 and 107 of Decree No. 102/2024/ND-CP;
d) Articles 11, 12 and 13 of the Government’s Decree No. 112/2024/ND-CP dated September 11, 2024, detailing paddy land.
Article 22. Transitional provisions
1. State management tasks in the field of land that are being carried out in accordance with the Land Law and documents detailing a number of articles of the Land Law prior to July 1, 2025, but have not yet been completed, shall be decided by provincial-level People’s Committees for continued implementation in a manner suitable to each specific case.
2. Commune-level administrative units after rearrangement may continue to use district-level land-use master plans, district-level annual land-use plans, or master plans formulated in accordance with the law on urban and rural planning that have been approved by competent state agencies in accordance with law prior to July 1, 2025 within the area, or land-use indicators allocated to commune-level administrative units after rearrangement under land allocation and zoning schemes of provincial master plans, as a basis for performing state management tasks in the field of land until the completion of review and formulation of land-use master plans and land-use plans in accordance with the new administrative units.
3. Transitional provisions regarding land recovery, compensation, support and resettlement:
a) In cases where district-level People’s Committees issued decisions approving compensation, support and resettlement plans in accordance with the Land Law prior to July 1, 2025, but have not yet issued land recovery decisions, Chairpersons of commune-level People’s Committees shall continue to carry out procedures in accordance with their competence prescribed in the Land Law and this Decree for the land areas within commune-level administrative boundaries;
b) In cases where procedures for compensation, support, resettlement and land recovery under Article 87 of the Land Law are being implemented prior to July 1, 2025, but decisions approving compensation, support and resettlement plans have not yet been issued, Chairpersons of commune-level People’s Committees shall continue to carry out the steps in accordance with the Land Law and this Decree for the land areas within commune-level administrative boundaries;
c) In cases where decisions on enforcement of land recovery decisions were issued in accordance with the Land Law prior to July 1, 2025, but enforcement has not yet been carried out, Chairpersons of commune-level People’s Committees shall carry out enforcement in accordance with the Land Law and this Decree;
d) In cases where land valuation organizations or organizations performing compensation, support and resettlement work are performing tasks in accordance with the 2024 Land Law prior to July 1, 2025 but have not yet completed such tasks, Chairpersons of provincial-level People’s Committees shall decide on the continuation of such tasks in a manner suitable to each specific case.
4. In cases where a project has a portion of land areas for which compensation, support and resettlement plans have been approved by provincial-level People’s Committees in accordance with the competence assigned under the 2024 Land Law and its guiding documents, but prior to July 1, 2025 there remain land areas for which compensation, support and resettlement plans have not yet been approved, provincial-level People’s Committees after rearrangement shall decide on the selection of the promulgated regulations on compensation, support and resettlement for implementation.
5. In cases where dossiers requesting land allocation, land lease or change of land-use purpose were submitted prior to July 1, 2025 but have not yet been settled by competent agencies, the following shall apply:
a) For cases falling under the competence of provincial-level People’s Committees as prescribed by law prior to July 1, 2025, Chairpersons of provincial-level People’s Committees shall settle the cases in accordance with the order and procedures prescribed by land law prior to the effective date of this Decree;
b) For cases falling under the competence of district-level People’s Committees as prescribed by law prior to July 1, 2025, Chairpersons of commune-level People’s Committees shall settle the cases in accordance with the order and procedures prescribed in this Decree;
c) Land lease contracts signed prior to the effective date of this Decree shall continue to be effective until the expiry of the terms specified in such contracts.
6. For dossiers for registration of land and land-attached assets, and issuance of certificates of land use rights and ownership of land-attached assets that were received prior to July 1, 2025 but have not yet been settled by competent agencies, the following shall apply:
a) For cases falling under the competence of provincial-level People’s Committees as prescribed by law prior to July 1, 2025, such cases shall be settled in accordance with the order and procedures prescribed by land law prior to the effective date of this Decree;
b) For cases falling under the competence of district-level People’s Committees as prescribed by law prior to July 1, 2025, Chairpersons of commune-level People’s Committees shall settle the cases in accordance with the order and procedures prescribed in this Decree.
7. For cases where localities are formulating land price lists for promulgation and application from January 1, 2026, and now implement the two-tier local administration system, provincial-level People’s Committees of the newly established administrative units shall continue to perform the task of formulating land price lists for timely promulgation and application from January 1, 2026 in accordance with law.
Article 23. Responsibilities for implementation
1. Competent agencies and persons that are delegated, decentralized, or vested with defined competence, when receiving and performing state management functions and tasks in the field of land, shall assume the following responsibilities:
a) Reviewing the delegated, decentralized and defined tasks and competence prescribed in this Decree in order to amend, supplement and promulgate decisions on lists of administrative procedures falling under their competence for settlement; ensuring that the settlement of administrative procedures after power delegation, decentralization and definition of competence is conducted smoothly and without interruption;
b) Inheriting in full all dossiers, documents, implementation steps and settlement results of competent agencies and persons that have been performed prior to the effective date of this Decree. Individuals and organizations must not be required to resubmit dossiers already submitted; steps in administrative procedures already carried out prior to power delegation, decentralization and definition of competence must not be re-performed;
c) Receiving and continuing to perform state management of tasks that have been delegated, decentralized or vested with defined competence and that have been performed by competent agencies and persons prior to the effective date of this Decree.
2. Ministers, heads of ministerial-level agencies, heads of governmental agencies, Chairpersons of People’s Committees at all levels, and related organizations and individuals shall implement this Decree.
On behalf of the Government
For the Prime Minister
The Deputy Prime Minister
NGUYEN HOA BINH
* All Appendices are not translated herein.
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This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
ENGLISH DOCUMENTS
This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here