Authority to adjust land allocation decisions when implementing a two-tiered government system
Thu, Dec 25, 2025, 15:08:00
Mr. Le Quang Vinh (Ninh Binh) asks: Does the authority to allocate land for infrastructure construction serving land use right auctions belong to the provincial or commune-level People's Committee?
Regarding land allocation, land lease, and land use change decisions previously made by the provincial-level People's Committee, now implemented under a two-tiered local government system, does the authority to amend these land allocation, land lease, and land use change decisions belong to the Chairman of the commune-level People's Committee or the Chairman of the provincial-level People's Committee?
The Ministry of Agriculture and Environment responded to this issue as follows:
According to Clause 1, Article 113 of the 2024 Land Law, and Point b, Clause 2, Article 14 of Government Decree No. 102/2024/ND-CP dated July 30, 2024, and Decree No. 151/2025/ND-CP dated June 12, 2025, and Clause 4, Article 1 of Decision No. 2418/QD-BNNMT dated June 28, 2025, on the correction of Decree No. 151/2025/ND-CP; the Provincial People's Committee assigns the land fund development organization to exploit the land fund from reclaimed land in the cases stipulated in Clauses 26 and 27, Article 79 of the 2024 Land Law for auctioning the land use rights.
The authority to decide on land allocation and land leasing is stipulated in Articles 5, 9, and 10 of Government Decree No. 151/2024/ND-CP dated June 12, 2025 (as amended by Decision No. 2418/QD-BNNMT dated June 28, 2025 of the Ministry of Agriculture and Environment).
Clause 5, Article 4 of Resolution No. 190/2025/QH15 of the National Assembly, which regulates the handling of certain issues related to the reorganization of the state apparatus, stipulates:
"Article 4. Implementation of functions, tasks, and powers of competent agencies and positions
5. The agency receiving functions, tasks, and powers after the reorganization of the state apparatus shall continue to carry out the work and procedures currently being performed by the agencies subject to reorganization. In cases where work and procedures are being performed or have been completed before the reorganization of the state apparatus but related issues arise that need to be resolved after the reorganization, the agency receiving functions, tasks, and powers shall be responsible for coordinating with relevant agencies to resolve the arising issues."