Decree No. 151/2025/NĐ-CP on the delineation of authority of two-level local governments, decentralization, and deconcentration in the land sector.

DECREE

Regulations on the delineation of authority of two-level local governments,

decentralization, and delegation in the land sector

Pursuant to the Law on Government Organization 2025;

Pursuant to the Law on Local Government Organization 2025;

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates this Decree to regulate the delineation of authority of two-level local governments, decentralization, and delegation in the land sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the authority, procedures, and processes for implementing tasks and powers of agencies and authorized individuals in the state management of land as prescribed in laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, and decisions of the Prime Minister, which need to be adjusted to implement the delineation of authority, decentralization, and delegation in the land sector.

Article 2. Principles for the delineation of authority, decentralization, and delegation in the land sector

1. Ensuring compliance with the Constitution; aligning with principles and regulations on the delineation of authority, decentralization, and delegation under the Law on the Organization of the Government and the Law on the Organization of Local Administration.

2. Ensuring thorough decentralization of tasks between central government agencies and local governments, guaranteeing the unified management authority of the Government and the executive power of the head of the Government over the state management of land, while promoting the initiative, creativity, and accountability of local governments in performing their state management tasks in the land sector.

3. Ensuring that the Government, the Prime Minister, ministries, and ministerial-level agencies focus on macro-level state management tasks; building a coherent and unified institutional framework, strategy, planning, and monitoring role; strengthening inspection, supervision, and oversight.

4. Ensuring clear delineation of authority among People's Councils, People's Committees, and Chairpersons of People's Committees; clearly defining the general authority of People's Committees and the specific authority of Chairpersons of People's Committees; ensuring alignment with the tasks, powers, and capabilities of agencies and authorized individuals who have been delegated authority and responsibilities.

5. Ensuring coherence, comprehensiveness, connectivity, without omission or overlap of tasks; ensuring a legal basis for the continuous and smooth operation of agencies; meeting local governance requirements; applying science, technology, innovation, and digital transformation.

6. Ensuring human rights and citizens' rights; ensuring transparency and creating favorable conditions for organizations and individuals to access information, exercise their rights and fulfill their obligations, and follow legal procedures.

7. Ensuring that the implementation of international treaties and agreements to which the Socialist Republic of Vietnam is a party is not affected.

8. Resources for tasks delegated and delegated authority shall be guaranteed from the State budget according to regulations.

Article 3. On Fees and Charges

Administrative procedures involving fees and charges as prescribed by laws on fees and charges must be paid simultaneously when individuals or organizations submit administrative procedure requests. Fee and charge levels, management, and utilization shall comply with regulations issued by the Government, the Minister of Finance, or the Provincial People's Council for corresponding fees and charges.

Chapter II

DELINEATION, DECENTRALIZATION, AND DELEGATION OF AUTHORITY

Section 1

DELINEATION OF AUTHORITY

Article 4. The authority of the People's Committee at the district level shall be transferred to the Chairman of the People's Committee at the provincial level.

The authority of the People's Committee at the district level to decide on the use of land with water surfaces such as lakes and ponds located in multiple communes and wards as stipulated in Clause 2, Article 188 of the Land Law shall be transferred to the Chairman of the People's Committee at the provincial level to implement.

Article 5. The authority of the People's Committee at the district level and the Chairman of the People's Committee at the district level shall be transferred to the Chairman of the People's Committee at the commune level.

a) Approving the plan for the use of agricultural land by economic organizations as stipulated in Clause 6, Article 45 of the Land Law; approving the plan for the use of rice fields by individuals as stipulated in Clause 7, Article 45 of the Land Law;

b) Deciding to reclaim land in cases as stipulated in Clause 2, Article 83 of the Land Law; reclaiming land related to provisions set out in point b, Clause 3, Clause 5, point b, Clause 6, Article 87 and Clause 7, Article 91 of the Land Law;

c) Issuing the Notice of Land Reclamation as stipulated in point a, Clause 2, Article 87 of the Land Law;

d) Deciding to approve the compensation, support, and resettlement plan as stipulated in point c, Clause 3, Article 87 of the Land Law;

đ) Approving the enforcement plan for the decision to reclaim land and funding for enforcement activities as stipulated in point b, Clause 5, Article 89 of the Land Law;

e) Deciding on specific land prices as stipulated in Clause 2, Article 91 of the Land Law;

g) Deciding on the price of resettlement housing within the specified area as stipulated in Clause 3, Article 111 of the Land Law;

h) Issuing the Certificate of Land Use Rights and Ownership of Immovable Property Attached to the Land as stipulated in point b, Clause 1, Article 136 and point d, Clause 2, Article 142 of the Land Law;

i) Determining the residential land area again and issuing the Certificate of Land Use Rights and Ownership of Immovable Property Attached to the Land as stipulated in Clause 6, Article 141 of the Land Law;

k) Recording the land price in decisions on granting land, leasing land, allowing changes in land use purposes, extending land use periods, adjusting land use periods, and changing land use forms within the authority of the Chairman of the People's Committee at the commune level for cases applying land prices from the land price list to calculate land use fees and lease fees; issuing decisions on specific land prices within the authority of the Chairman of the People's Committee at the commune level for cases determining specific land prices as stipulated in Clause 4, Article 155 of the Land Law;

l) Deciding to establish the Appraisal Board for Specific Land Prices as stipulated in Clause 3, Article 161 of the Land Law;

m) Deciding to grant land, lease land, and allow changes in land use purposes for individuals as stipulated in point c, Clause 1 and point a, Clause 2, Article 123 of the Land Law; deciding to grant land to community groups as stipulated in point b, Clause 2, Article 123 of the Land Law; deciding to grant agricultural land to individuals as stipulated in point b, Clause 2, Article 178 of the Land Law;

n) Approving plans for contributing land use rights and readjusting land for implementing rural area renovation and development projects, expanding and upgrading rural roads as stipulated in point b, Clause 3, Article 219 of the Land Law.

2. The authority of the Chairman of the People's Committee at the district level as prescribed by the Land Law shall be transferred to the Chairman of the People's Committee at the commune level to implement, specifically as follows:

a) Deciding to establish the Compensation, Support, and Resettlement Council for each project as stipulated in point c, Clause 2, Article 86 of the Land Law;

b) Issuing the compulsory inventory decision as stipulated in point đ, Clause 2, Article 87 of the Land Law;

c) Issuing the decision to enforce the compulsory inventory as stipulated in Clause 3, Article 88 of the Land Law;

d) Issuing the decision to enforce the land reclamation decision as stipulated in Clause 3, Article 89 of the Land Law; issuing the decision to establish the Land Reclamation Enforcement Team as stipulated in point a, Clause 4, Article 89 of the Land Law;

đ) Deciding to requisition land, deciding to extend land requisition as stipulated in Clause 3, Article 90 of the Land Law; establishing the Council to determine the compensation amount caused by land requisition implementation, deciding the compensation amount as stipulated in point d, Clause 7, Article 90 of the Land Law;

e) Deciding on specific land prices for cases as stipulated in point b, Clause 2, Article 160 of the Land Law;

g) Resolving land disputes between households, individuals, and community groups as stipulated in point a, Clause 3, Article 236; issuing the decision to resolve land disputes, issuing the decision to enforce the resolution of land disputes as stipulated in Clause 4, Article 236 of the Land Law.

3. The authority of the land management agency at the district level to hire consulting organizations to determine land prices to determine specific land prices as stipulated in Clause 3, Article 160 of the Land Law shall be transferred to the People's Committee at the commune level to implement.

4. The authority of the People's Committee at the district level as prescribed in detailed implementing decrees of the Land Law delegated to the Chairman of the People's Committee at the commune level to implement, specifically as follows:

a) Deciding to establish the Appraisal Board for Specific Land Prices for cases as stipulated in Clause 1, Article 32 of Decree No. 71/2024/ND-CP dated June 27, 2024 of the Government on land prices (hereinafter referred to as Decree No. 71/2024/ND-CP);

b) Approving the compensation, support, and resettlement plan as stipulated in Clause 3, Article 3 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government on compensation, support, and resettlement when the State reclaims land (hereinafter referred to as Decree No. 88/2024/ND-CP);

c) Deciding on land prices for calculating land use fees and lease fees when compensation is provided with land having a different purpose than the reclaimed land as stipulated in Clause 1, Article 4 of Decree No. 88/2024/ND-CP;

đ) Approving the auction plan for land use rights as stipulated in point a, Clause 4, Article 55 of Decree No. 102/2024/ND-CP;

e) Issuing a document to approve or not approve the agricultural land use plan as stipulated in Clause 2, Article 78 of Decree No. 102/2024/ND-CP.

g) Having a document approving or disapproving the land use plan combined with the provisions set forth in point b, Clause 4, Article 99 of Decree No. 102/2024/NĐ-CP;

i) Approving the plan to enforce decisions on resolving land disputes as provided in point b, Clause 6, Article 108 of Decree No. 102/2024/NĐ-CP.

5. The authority of the Chairman of the People's Committee at the district level specified in the detailed implementing decrees of the Land Law shall be transferred to the Chairman of the People's Committee at the commune level to implement, specifically as follows:

a) Organizing the determination of specific land prices as provided in Clause 3, Article 38 of Decree No. 71/2024/NĐ-CP;

b) Determining the compensation amount for losses caused by the requisition of land as provided in point a, Clause 3, Article 29 of Decree No. 102/2024/NĐ-CP;

c) Deciding to establish the Forced Inventory and Seizure Committee as provided in Clause 1, Article 36 of Decree No. 102/2024/NĐ-CP;

d) Issuing decisions to enforce decisions on resolving land disputes, establishing the enforcement committee, and determining the members of the enforcement committee as provided in point a, Clause 3, point a, Clause 6, points a and b, Clause 7, Article 108 of Decree No. 102/2024/NĐ-CP.

Article 6. Authority of the land management agency at the district level transferred to the land management agency at the commune level

The authority of the land management agency at the district level to issue inspection plans and inspection decisions in the field of land within its jurisdiction as provided in point b, Clause 2, Article 103 of Decree No. 102/2024/NĐ-CP shall be transferred to the land management agency at the commune level to implement.

Section 2

DELEGATION AND DECENTRALIZATION

Article 7. Delegation and decentralization of authority from the Government, Prime Minister to the Minister of Agriculture and Rural Development, Provincial People's Councils, Provincial People's Committees

1. The authority of the Government to review and approve the national land use plan as provided in Clause 2, Article 72 of the Land Law shall be carried out by the Minister of Agriculture and Rural Development.

2. The authority of the Prime Minister as prescribed by the Land Law shall be carried out by the Minister of Agriculture and Rural Development, including:

a) Deciding to establish the National Land Use Plan Review Board as provided in point b, Clause 1, Article 71 of the Land Law;

b) Allocating land use quotas for provincial administrative units, the Ministry of Defense, and the Ministry of Public Security as provided in Clause 1, Article 76 of the Land Law.

3. The authority of the Prime Minister to approve provincial land use plans for centrally-administered cities that do not need to prepare provincial land use plans as provided in Clause 3, Article 72 of the Land Law shall be carried out by the Provincial People's Council.

4. The authority of the Prime Minister to decide on cases of allocating land or leasing land without auctioning land use rights or tendering for investors to implement projects using land as provided in point p, Clause 3, Article 124 of the Land Law shall be carried out by the Provincial People's Committee when meeting one of the following conditions:

a) Belonging to projects using land for public purposes as provided in point e, Clause 3, Article 9 of the Land Law with business purposes but not falling under the cases stipulated in Clauses 1, 2, and 5, Article 124 of the Land Law;

b) Belonging to projects approved by the National Assembly or the Prime Minister for investment according to the law, which fall under the cases of land recovery as provided in Clause 31, Article 79 of the Land Law, but not subject to investor selection according to the investment law and bidding law, and not dependent on investment capital;

c) Investment projects using land that fall under the cases where the State leases land annually for land funds managed by state agencies and organizations;

d) Other cases not provided for in Articles 125 and 126 of the Land Law.

5. The authority of the Prime Minister to decide other force majeure cases as provided in point g, Clause 1, Article 31 of Decree No. 102/2024/NĐ-CP shall be carried out by the Provincial People's Committee.

Article 8. The Provincial People's Council's authority to delegate and decentralize to the Provincial People's Committee

The authority of the Provincial People's Council as prescribed by the Land Law and detailed implementing decrees of the Land Law shall be carried out by the Provincial People's Committee, including:

1. Deciding special policies on compensation, support, and resettlement as stipulated in Clause 1, Article 92 of the Land Law and Clause 1, Article 7 of Decree No. 88/2024/NĐ-CP.

2. Deciding the initial land price list, deciding adjustments, amendments, and supplements to the land price list as stipulated in Clause 3, Article 159 of the Land Law and Clause 5, Article 14, Clause 1, Article 16, Point a, Clause 2, Article 38 of Decree No. 71/2024/NĐ-CP.

3. Approving the conversion of rice cultivation land, special-use forest land, protective forest land, production forest land to other purposes as stipulated in Clause 1, Article 122 of the Land Law.

1. The authority of the Provincial People's Committee as prescribed by the Land Law and detailed implementing decrees of the Land Law shall be carried out by the Chairman of the Provincial People's Committee, including:

a) Deciding to reclaim land as stipulated in Clause 1, Article 83 of the Land Law in cases where land is reclaimed due to violations of land laws;

b) Deciding the selling price of resettlement housing for cases where resettlement housing is arranged in a different commune from the commune with the reclaimed land as stipulated in Clause 3, Article 111 of the Land Law;

c) Assigning organizations managing land funds to manage and exploit land funds in cases as stipulated in Clause 1, Article 113 of the Land Law;

d) Deciding to allocate land, lease land, and permit changes in land use purposes as stipulated in Clause 1, Article 123 of the Land Law;

đ) Approving in writing the agreement on the right to use land to implement projects as stipulated in Point c, Clause 3, Article 127 of the Land Law, where the State allocates land with payment for land use rights or leases land with one-time payment for the entire lease period;

e) Deciding the form of land use as stipulated in Point a, Clause 2, Article 142 of the Land Law for cases using land according to the forms prescribed in Article 119 and Clause 2, Article 120 of the Land Law;

g) Deciding to reclaim land according to the law in cases as stipulated in Point c, Clause 2, Article 142 of the Land Law;

h) Recording land prices in decisions to allocate land, lease land, permit changes in land use purposes, extend land use periods, adjust land use periods, change land use forms within the authority of the Provincial People's Committee when applying land prices in the land price list to calculate land use fees and land lease fees; issuing decisions on land prices within the authority of the Provincial People's Committee for cases determining specific land prices as stipulated in Clause 4, Article 155 of the Land Law;

i) Deciding to establish the Board of Appraisal for the land price list and the Board of Appraisal for specific land prices as stipulated in Clause 1 and Clause 2, Article 161 of the Land Law, Point a, Clause 6, Article 13, and Clause 1, Article 32 of Decree No. 71/2024/NĐ-CP;

2. The authority to decide land prices for calculating land use fees and land lease fees when compensating with land having a different purpose from the reclaimed land as stipulated in Clause 1, Article 4 of Decree No. 88/2024/NĐ-CP shall be carried out by the Chairman of the Provincial People's Committee;

3. The authority of the Provincial People's Committee as prescribed by Decree No. 101/2024/NĐ-CP dated July 29, 2024 of the Government regarding basic land surveys; registration, issuance of land use right certificates, property ownership certificates attached to land, and the land information system (hereinafter referred to as Decree No. 101/2024/NĐ-CP) shall be carried out by the Chairman of the Provincial People's Committee, including:

a) Appraising, approving, and announcing the results of provincial-level land surveys and assessments as stipulated in Clause 2, Article 11 of Decree No. 101/2024/NĐ-CP;

b) Appraising, approving, and announcing the results of provincial-level land protection, improvement, and restoration as stipulated in Clause 3, Article 13 of Decree No. 101/2024/NĐ-CP.

4. The authority of the Provincial People's Committee as prescribed by Decree No. 102/2024/NĐ-CP shall be carried out by the Chairman of the Provincial People's Committee, including:

a) Deciding matters as stipulated in Point a, Clause 1 and Clause 4, Article 12 of Decree No. 102/2024/NĐ-CP;

b) Approving plans for auctioning land use rights as stipulated in Point b, Clause 4, Article 55 of Decree No. 102/2024/NĐ-CP;

d) Deciding to allow implementation of projects in cases where investors request adjustment of project scope as stipulated in Point a, Clause 2, Article 61 of Decree No. 102/2024/NĐ-CP;

đ) Establishing Steering Committees to direct and organize management and use of land by agricultural and forestry companies as stipulated in Article 181 of the Land Law and Clause 1, Article 67 of Decree No. 102/2024/NĐ-CP;

g) Deciding to allocate land, lease land to agricultural and forestry companies for the area retained by agricultural and forestry companies as stipulated in Point a, Clause 1, Article 69 of Decree No. 102/2024/NĐ-CP;

h) Reclaiming part of the land as stipulated in Point đ, Clause 1, Article 181 of the Land Law and Point đ, Clause 1, Article 69 of Decree No. 102/2024/NĐ-CP;

i) Approving sea reclamation projects as stipulated in Point c, Clause 5, Article 72 of Decree No. 102/2024/NĐ-CP;

l) Deciding to supplement and adjust the high tide water level line, adjust the coastal protection zone at sea reclamation areas as stipulated in Point b, Clause 3, Article 74 of Decree No. 102/2024/NĐ-CP;

m) Approve the final account of costs for land reclamation as stipulated in Clause 2, Article 75 of Decree No. 102/2024/NĐ-CP;

n) Decide on the transfer of land or lease of land to users within high-tech zones as stipulated in Article 95 of Decree No. 102/2024/NĐ-CP;

o) Decide on the transfer of land or lease of land for civil airports as stipulated in Article 96 of Decree No. 102/2024/NĐ-CP;

Approve or disapprove plans for combined land use as stipulated in Point c, Clause 4, Article 99 of Decree No. 102/2024/NĐ-CP.

1. The Provincial People's Committee decides on other measures and levels of support for specific projects as stipulated in Clause 2, Article 108 of the Land Law and Clause 7, Article 12 and Clause 9, Article 13 of Decree No. 88/2024/NĐ-CP, to be implemented by the Commune People's Committee.

2. The Provincial People's Committee decides on the recovery of land as stipulated in Clause 1, Article 83 of the Land Law, which involves the cessation of land use according to law, voluntary return of land, potential threat to human life, or inability to continue using the land, to be implemented by the Chairman of the Commune People's Committee.

3. The Provincial People's Committee's authority as prescribed by the Land Law shall be implemented by the Chairman of the Commune People's Committee, except for cases stipulated in Article 9 of this Decree and cases where a project involves multiple forms of land use, including areas subject to state allocation of land with payment for land use rights or leasing of land with payment for land rent for the entire lease period, including:

a) Deciding on the allocation of land without payment for land use rights for cases stipulated in Article 118 of the Land Law;

b) Deciding on the lease of land with annual payment for land rent for cases stipulated in Clause 3, Article 120 of the Land Law;

c) Approving in writing the agreement on the acquisition of land use rights for project implementation as stipulated in Point c, Clause 3, Article 127 of the Land Law, where the state allocates land without payment for land use rights or leases land with annual payment for land rent;

d) Deciding on the allocation of land, lease of land, and permission to change land use purposes for cases exempted from full payment for land rent for the entire lease period as prescribed by the Government regarding land use fee and land rent;

đ) Deciding on the form of land use, issuance of certificates of land use rights and ownership of attached assets as stipulated in Point a, Clause 2, Article 142 of the Land Law for cases of land use as 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, which are exempted from full payment for land use rights and land rent for the entire lease period as prescribed by the Government regarding land use fee and land rent;

e) Approving plans to rearrange residential land into residential areas for cases stipulated in Point d, Clause 2, Article 142 of the Land Law;

g) Deciding on the allocation of land or lease of land for civil airports as stipulated in Clause 2, Article 208 of the Land Law;

h) Approving plans for contributions of land use rights and adjustments of land for cases stipulated in Point b, Clause 3, Article 219 of the Land Law.

Article 11. The Provincial People's Committee's authority to delegate powers and responsibilities to provincial land management agencies

The authority of the Provincial People's Committee stipulated in the Land Law and detailed implementing decrees of the Land Law shall be carried out by provincial land management agencies, including:

1. Issuing certificates of land use rights and ownership rights of attached assets for land users and owners of attached assets within the scope of land allocation and leasing authorized by the Chairman of the Provincial People's Committee as provided in this Decree, except for cases specified in Clause 2 of Article 11 herein.

2. Issuing certificates of land use rights and ownership rights of attached assets for the portion of land area of agricultural and forestry companies that continue to be used according to the approved plan as stipulated in Point c, Clause 1, Article 181 of the Land Law.

Section 3

ASSIGNING RESPONSIBILITIES

Article 12. Responsibilities of Provincial People's Committees

The Provincial People's Committee is responsible for state management of the contents prescribed in the Land Law and detailed implementing decrees of the Land Law as follows:

1. Organizing and implementing resettlement projects as stipulated in Clause 6, Article 91 and Clause 1, Article 110 of the Land Law.

2. Organizing and implementing supervision and evaluation of land management and use at the commune level; evaluating land management and use on the provincial territory as stipulated in Point b, Clause 4, Article 232 of the Land Law.

3. Submitting for approval the provincial land use planning as stipulated in Article 18 of Decree No. 102/2024/NĐ-CP.

4. Directing the Commune People's Committees to implement land recovery related to national defense and security as stipulated in Clause 3, Article 25 of Decree No. 102/2024/NĐ-CP.

5. Organizing review, handling, and publicly announcing investment projects that have not put land into use within a continuous period of 12 months or delayed land use progress by 24 months compared to the schedule stated in the investment project; projects granted extensions; projects delayed due to force majeure as stipulated in Clause 3, Article 31 of Decree No. 102/2024/NĐ-CP.

Article 13. Responsibilities of the Commune People's Council

The Commune People's Council is responsible for state management of the contents prescribed in the Land Law as follows:

1. Appointing representatives from the Commune People's Council to attend meetings of the Compensation, Support, and Resettlement Council to supervise as stipulated in Point c, Clause 2, Article 86 of the Land Law.

2. Approving the commune-level land use planning and plans.

Article 14. Responsibilities of the People's Committee at the Commune Level

1. The Commune People's Committee is responsible for state management of the contents prescribed in the Land Law as follows:

a) Providing opinions on provincial land use planning as stipulated in Point a, Clause 2, Article 70 of the Land Law;

b) Organizing and adjusting commune-level land use planning and five-year land use plans as stipulated in Articles 19 and 20 of this Decree;

c) Publicly announcing commune-level land use planning and five-year land use plans as stipulated in Articles 19 and 20 of this Decree;

d) Implementing local land use planning and plans as stipulated in Clause 3, Article 76 of the Land Law;

đ) Publicly announcing the scope of land recovery according to the project schedule to land users for projects not included in the commune-level land use plan as stipulated in Clause 5, Article 76 of the Land Law;

e) Reporting the results of land use planning and implementation to the Provincial People's Committee before October 15 each year as stipulated in Clause 1, Article 77 of the Land Law;

g) Directing and organizing the implementation of compensation, support, and resettlement tasks as stipulated in Clauses 1 and 3, Article 86 of the Land Law;

h) Managing land recovered in rural areas as stipulated in Clause 5, Article 86 of the Land Law;

i) Organizing the enforcement of land recovery decisions, resolving complaints related to enforcement in accordance with the law on complaints; ensuring necessary conditions and means for enforcement; allocating funds for land recovery enforcement as stipulated in Point a, Clause 5, Article 89 of the Land Law;

k) Organizing and implementing resettlement projects as stipulated in Clause 6, Article 91 and Clause 1, Article 110 of the Land Law;

l) Establishing and implementing local training, job transition, and employment programs; organizing public opinion collection and response to the opinions of land users whose land is being recovered as stipulated in Point c, Clause 4, Article 109 of the Land Law;

m) Assigning responsibilities to units and organizations to carry out compensation, support, and resettlement tasks as stipulated in Clause 1, Article 111 of the Land Law;

n) Fulfilling the responsibilities stipulated in Clause 5, Article 125 of the Land Law;

o) Accepting the transfer of land area as stipulated in Point d, Clause 2, Article 142 of the Land Law to issue certificates of land use rights and ownership rights of attached assets for residential land users in accordance with the law;

p) Managing the land area of agricultural and forestry companies transferred back to the locality as stipulated in Point d, Clause 1, Article 181 of the Land Law, the land area as stipulated in Point e, Clause 2, Article 181 of the Land Law, and performing other tasks as stipulated in Clause 2, Article 181 of the Land Law;

q) Managing riverbank and coastal land reclamation areas within its jurisdiction; investigating, surveying, monitoring, and evaluating the land reclamation fund of rivers and coasts that are regularly deposited or eroded to develop plans for exploitation and use as stipulated in Point a, Clause 2, and Clause 4, Article 191 of the Land Law;

r) Fulfilling the responsibilities stipulated in Clause 7, Article 219 of the Land Law.

2. The Commune People's Committee is responsible for state management of the contents prescribed in detailed implementing decrees of the Land Law as follows:

a) Participating in establishing land price lists as directed by the Provincial People's Committee as stipulated in Clause 4, Article 13 of Decree No. 71/2024/NĐ-CP;

b) Allocating land plots in cemeteries according to planning for relocating graves when recovering land as stipulated in Clause 1, Article 15 of Decree No. 88/2024/NĐ-CP;

c) Fulfilling the responsibilities stipulated in Clause 6, Article 9 and Clause 2, Article 20 of Decree No. 101/2024/NĐ-CP;

d) Fulfilling the responsibilities stipulated in Clause 2, Article 8 of Decree No. 102/2024/NĐ-CP;

d) Publish publicly on the national land auction website integrated into the specialized website for asset auctions managed by the Ministry of Justice, or the portal or website specified in point a, Clause 3, Article 54 of Decree No. 102/2024/ND-CP;

e) Review and determine the boundaries and area of land use of forestry and agricultural companies as stipulated in Clause 4, Article 67 of Decree No. 102/2024/ND-CP;

h) Accept the handover of land on-site at the locations specified in points d and đ, Clause 1, Article 69 of Decree No. 102/2024/ND-CP;

i) Organize the implementation of the land use plan as specified in Clauses 3, 4, 5, and 6, Article 69 of Decree No. 102/2024/ND-CP;

k) Organize the implementation of the provisions specified in Clause 8, Article 93 of Decree No. 102/2024/ND-CP;

l) Organize the implementation of the provisions specified in Clause 4, Article 94 of Decree No. 102/2024/ND-CP;

m) Report to the provincial People's Committee on monitoring and evaluating land management and use as specified in point c, Clause 6, Article 101 of Decree No. 102/2024/ND-CP.

Article 15. Responsibilities of the Chairman of the Commune People's Committee

1. The Chairman of the Commune People's Committee shall be responsible for state management over the contents prescribed in the Land Law as follows:

a) Organize the implementation of decisions on compulsory execution of mandatory inventory and seizure orders as specified in point đ, Clause 2, Article 87 and Clause 3, Article 88 of the Land Law;

b) Organize the implementation of decisions on compulsory execution of land recovery decisions as specified in point b, Clause 7, Article 87 and Clause 3, Article 89 of the Land Law;

c) Organize the compulsory execution of decisions on land requisition as specified in Clause 5, Article 90 of the Land Law;

d) Participate in the Appraisal Board for the land price list as specified in Clause 1, Article 161 of the Land Law; participate as the Chairman of the Commune-level Specific Land Price Appraisal Board as specified in Clause 3, Article 161 of the Land Law;

đ) Organize the implementation of decisions on compulsory execution of land dispute resolution decisions as specified in Clause 4, Article 236 of the Land Law;

e) Detect, prevent, and promptly handle violations of laws related to land management and use in the locality according to the authority specified in point a, Clause 1, Article 241 of the Land Law.

2. The Chairman of the Commune People's Committee shall be responsible for state management over the contents prescribed in Decree No. 102/2024/ND-CP as follows:

a) Participate in the Board to determine compensation levels due to land requisition as specified in Clauses 3 and 4, Article 29 of Decree No. 102/2024/ND-CP;

b) Participate in the Steering Board as specified in Clause 1, Article 67 of Decree No. 102/2024/ND-CP.

Article 16. Responsibilities of the provincial land management agency and land development organizations

1. The provincial land management agency shall be responsible for state management over the contents prescribed in the Land Law and detailed implementing decrees of the Land Law as follows:

a) Hand over the land area as specified in point d, Clause 2, Article 142 of the Land Law to the Commune People's Committee where the land is located to implement the issuance of land use right certificates and property ownership certificates attached to the land for residential land users according to the law;

b) Submit to the provincial People's Committee for decision on the land price list as specified in Clause 5, Article 14, Clauses 1 and 3, Article 16 of Decree No. 71/2024/ND-CP;

c) Submit to the provincial People's Committee for decision on special policies on compensation, support, and resettlement as specified in Clause 1, Article 7 of Decree No. 88/2024/ND-CP;

d) Receive and monitor reports from the Commune People's Committee on the situation of cadastral surveying and mapping, land management, use, and cadastral map updating at the local level as specified in Clause 7, Article 9 of Decree No. 101/2024/ND-CP.

2. The Land Registration Office has specialized departments and Branches of the Land Registration Office. The Branches of the Land Registration Office are established in communes or inter-commune areas by the provincial People's Committee's decision.

The Land Registration Office and Branches of the Land Registration Office are responsible for updating the cadastral maps into the national land database; inspect and approve cadastral map extracts, except for the following cases:

a) Cases within the inspection and approval authority of the provincial land management agency;

b) Cases where the cadastral map extracts serve the registration and issuance of land use right certificates and property ownership certificates attached to the land, which fall under the authority of the Commune People's Committee.

3. The land development organization is a public service unit established directly under the provincial People's Committee by the provincial People's Committee Chairman's decision based on the actual situation in the locality. The provincial People's Committee Chairman decides to establish regional branches of the land development organization.

The land development organization and regional branches of the land development organization have legal personality, their own seals, and bank accounts for operations according to the law applicable to public service units, with tasks, organizational structure, self-management mechanisms, financial sources, expenditures, and cooperation regulations as specified in Clauses 2, 3, 4, 5, and 6, Article 14 of Decree No. 102/2024/ND-CP.

Public service units under the Commune People's Committee may undertake the tasks of the land development organization as specified in points b, c, d, đ, g, and i, Clause 2, Article 14 of Decree No. 102/2024/ND-CP.

Article 17. Responsibilities of the agency with land management functions at the commune level

1. The agency with land management functions at the commune level shall be responsible for implementing state administration over the contents prescribed in the Land Law as follows:

a) Assisting the People's Committee at the commune level in managing land in the locality as stipulated in Clause 5, Article 22 of the Land Law;

b) Organizing the preparation of commune-level land use planning and plans as prescribed in Articles 19 and 20 of this Decree;

c) Managing and utilizing information from cadastral records to serve state administrative requirements regarding land management in the locality and according to citizens' requests, updating land changes for cases within its jurisdiction, and reflecting violations in land management and use in the cadastral records as prescribed in Clause 4, Article 130 of the Land Law;

d) Assisting the Chairman of the People's Committee at the commune level in organizing the determination of specific land prices as prescribed in Clause 3, Article 160 of the Land Law;

đ) Organizing specialized land management inspections as prescribed in Point c, Clause 3, Article 234 of the Land Law;

e) Participating in the Conciliation Council for resolving land disputes to implement conciliation of land disputes as prescribed in Point b, Clause 2, Article 235 of the Land Law;

g) Supervising, urging, and guiding the performance of public duties by officials and civil servants; promptly and legally resolving complaints and petitions within their authority or recommending competent authorities to resolve them, and promptly handling violations of laws on land management and use in the locality within their authority; promptly detecting and proposing measures to address violations of land laws when performing public duties as prescribed in Clauses 2 and 3, Article 241 of the Land Law;

2. The agency with land management functions at the commune level shall be responsible for implementing state administration over the contents prescribed in detailed implementing decrees of the Land Law as follows:

a) Taking the lead and coordinating with relevant agencies to appraise compensation, support, and resettlement plans as prescribed in Clause 3, Article 3 of Decree No. 88/2024/ND-CP;

b) Signing confirmation on cadastral map plots serving registration and issuance of land use right certificates and ownership certificates of attached assets within the authority of the People's Committee at the commune level after they have been signed by the land users and surveying units;

c) Implementing tasks prescribed in Point b, Clause 1, Article 24 of Decree No. 101/2024/ND-CP;

d) Providing necessary documents and coordinating with competent state agencies during the process of resolving and unifying administrative boundaries as prescribed in Clause 2, Article 11 of Decree No. 102/2024/ND-CP;

đ) Appointing representatives to participate in the Forced Measurement and Seizure Committee as prescribed in Clause 1, Article 36 of Decree No. 102/2024/ND-CP;

e) Summarizing the demand for changing the purpose of using rice cultivation land, special-use forest land, protective forest land, and production forest land to implement investment projects on the territory before the commune-level land use plan is established as prescribed in Clause 1, Article 50 of Decree No. 102/2024/ND-CP;

g) Inspecting and completing files submitted to the People's Committee at the commune level for approval of the auction plan for land use rights as prescribed in Point a, Clause 4, Article 55 of Decree No. 102/2024/ND-CP;

h) Reviewing the current status of land use within the scope of protected areas for safety of works and zones as prescribed in Clause 2, Article 97 of Decree No. 102/2024/ND-CP;

k) Participating in the Implementation Committee for Compulsory Execution of Decisions Resolving Land Disputes as prescribed in Point b, Clause 7, Article 108 of Decree No. 102/2024/ND-CP.

Section 4

RELATED PROVISIONS ON AUTHORITY DETERMINATION

Article 18. Provisions related to procedures, land registration files, real estate attached to land, cadastral files

2. The cadastral files under Clause 1, Article 128 of the Land Law shall be compiled according to administrative units at the commune level.

3. The agency handling administrative procedures on land shall not require land users to rectify files and documents related to land after the reorganization of local government administration into two levels unless such rectification is carried out simultaneously when the land user performs administrative procedures or based on the needs of the land user.

4. The People's Committee at the commune level, when implementing procedures for issuing Certificates of Land Use Rights and Ownership Rights over real estate attached to land as provided in Articles 137, 138, 139, and 140 of the Land Law, does not need to separately confirm compliance with planning, absence of disputes, and stable land use.

Article 19. Commune-level land use planning

1. The basis for establishing commune-level land use planning includes:

a) Provincial planning, provincial land use planning; urban planning of centrally governed cities in cases where provincial land use planning is not established;

b) Technical and specialized planning;

c) Commune-level socio-economic development plan; in cases where such a plan has not been established, the commune-level socio-economic development plan prior to July 1, 2025 shall be used;

d) Natural, economic, and social conditions of the commune-level administrative unit;

d) Current land use status, land changes, and land potential;

e) Needs and capabilities of land use by sectors and fields, People's Committees at the commune level; for determining residential land needs, urban area land, and rural residential area land, this is determined based on population forecasts, infrastructure conditions, landscape, and environment as prescribed by laws on construction;

g) Land use standards, scientific and technological progress relevant to land use.

2. Content of establishing commune-level land use planning

a) Analysis and evaluation of natural, economic, and social conditions, current environmental status, and climate change impacts on land use at the commune level;

b) Analysis and evaluation of resources directly affecting land use at the commune level;

c) Analysis and evaluation of current land use status according to types of land as stipulated in Article 9 of the Land Law and Articles 4, 5, and 6 of Decree No. 102/2024/NĐ-CP;

d) Determination of viewpoints and objectives for using agricultural land, non-agricultural land, and unused land in line with socio-economic development goals, land use planning during the planning period; meeting requirements for socio-economic development, national defense, security, environmental protection, and adaptation to climate change;

đ) Forecast trends in land use structure changes during the planning period;

e) Determination of land use indicators by type of land including land use indicators allocated by the province and remaining areas of land types as stipulated in Article 9 of the Land Law and Articles 4, 5, and 6 of Decree No. 102/2024/NĐ-CP based on commune-level land use needs;

g) Phased planning for land use over five years in commune-level land use planning and the content of land use plans as stipulated in Clause 4, Article 20 of this Decree;

h) Solutions and resources for implementing land use planning.

3. Preparation of maps, establishment, and updating of commune-level land use planning data into the national land database

a) Map system including: commune-level current land use map; commune-level land use planning map. The preparation of maps shall be carried out in accordance with the provisions of the law on map establishment;

b) Establishment and updating of commune-level land use planning data including spatial data and attribute data.

4. In cases where localities already have urban planning or zoning planning established in accordance with the law on urban and rural planning, there is no need to establish land use planning; based on approved planning, land use indicators allocated, and local land use needs, commune-level land use plans shall be established.

5. In cases not covered by Clause 4 of this Article or only partially completed urban or rural planning as required by the law on urban and rural planning, when establishing commune-level land use planning, it must update the orientation determined in the commune-wide master plan according to the planning period for land use.

6. The People's Committee at the commune level is responsible for publicly announcing commune-level land use planning at its office and on the electronic portal of the People's Committee at the commune level.

7. The time and deadline for public announcement of commune-level land use planning, and the documents for public announcement shall be implemented in accordance with the provisions of Clause 4 and Clause 5, Article 75 of the Land Law.

8. In cases of amending commune-level land use planning, it shall be carried out similarly to the content of establishing commune-level land use planning as provided in this Article.

Article 20. Village-level land use plan

1. A village-level land use plan must include:

a) Provincial master plans, provincial land use plans, provincial land use plans; village-level land use plans; urban and rural planning as prescribed by law for cases where it is not necessary to establish a village-level land use plan;

b) Current land use status; results of implementing the previous period's land use plan;

c) Land needs and capabilities of various sectors and fields at different levels, organizations; projects and works that have investment intentions;

d) Investment capacity and resource mobilization to implement the land use plan.

2. Criteria for determining projects and works in the village-level land use plan include:

a) Ensuring national defense and security;

b) Having been approved for investment intention;

c) Economic, social, and environmental efficiency;

d) Feasibility of implementation.

3. Collecting land use requirements for establishing the village-level land use plan

a) Works and projects as stipulated in Articles 78 and 79 of the Land Law to be implemented during the planning period;

b) Works and projects with investment intentions, works and projects planned to be implemented during the planning period;

c) For investment projects and cases where individuals change land use purposes as required by Article 121, Clause 1 of the Land Law, which do not fall under the provisions of Article 116, Clause 5 of the Land Law and cases changing agricultural land to commercial or service land with an area of 0.5 hectares or more, the need to register land use requirements sent to the People's Committee of the commune for inclusion in the village-level land use plan.

4. Contents of the village-level land use plan include:

a) Areas of various types of land allocated in the provincial land use plan, provincial land use plan, village-level land use plan, and areas of various types of land according to the commune's land use needs during the planning period and allocation to each year of the plan;

b) List of works and projects planned to be implemented during the planning period; projects allocating residential land and production land for ethnic minorities (if any); land area for auctioning land use rights, resettlement land area, and land production area expected to be compensated for people whose land is being reclaimed;

c) Areas of various types of land and list of works and projects determined in the previous planning period and areas of various types of land according to works and projects as stipulated in Article 67, Clause 4 of the Land Law to continue implementation in the next planning period;

d) Determining the area needed to change land use purposes as prescribed in Article 121, Clause 1 of the Land Law, except for cases prescribed in Article 116, Clause 5 of the Land Law;

đ) Determining the area needed to reclaim land as prescribed in Articles 78 and 79 of the Land Law during the planning period;

e) Determining organizational measures to implement the land use plan.

5. Preparing the village-level land use plan map

a) The village-level land use plan map for areas with works and projects included in the list of land reclamation and purpose change, displayed on the village-level land use plan map or general plan map or district plan map approved according to urban and rural planning laws;

b) Map or drawing showing location, boundary, area, and type of land for works and projects as specified in point a of this clause based on the cadastral map. In case there is no cadastral map, use the current land use status map of the village.

6. The People's Committee of the commune has the responsibility to publicly announce the village-level land use plan at its office and on the commune's People's Committee website.

7. The time and deadline for public announcement of the village-level land use plan shall be carried out according to the provisions of Article 75, Clauses 4 and 5 of the Land Law.

8. During the implementation of the village-level land use plan, based on the actual situation of the locality, the People's Committee of the province will instruct the People's Committee of the commune to establish and adjust the village-level land use plan. Adjustments to the village-level land use plan shall be carried out as stipulated in this Article for establishing the village-level land use plan.

9. At the end of the planning period, if the subsequent planning period's land use plan has not yet been decided and approved by the competent authority, the unfulfilled land use indicators shall continue to be implemented until the subsequent planning period's land use plan is decided and approved by the competent state agency.

10. The term of the village-level land use plan is five years.

Chapter III

IMPLEMENTING PROVISIONS

Article 21. Effective Date

1. This Decree takes effect from July 1, 2025.

2. This Decree takes effect until March 1, 2027. In cases where related legal documents have been amended, supplemented, or newly issued to align with the organization of two-tiered administration, they shall be implemented according to the newly issued legal documents.

3. This Decree includes an appendix detailing procedures and formalities in the field of land management, which have been amended and supplemented according to the powers delegated in Chapter II of this Decree.

4. The following provisions become invalid from the date this Decree comes into force:

a) Clause 1 and Clause 2 of Article 22 of Decree No. 71/2024/NĐ-CP;

b) Clause 5 and Clause 11 of Article 9; Clause 1 of Article 19; Clause 3 of 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 01/ĐK, 02/ĐK, 03/ĐK, 04/ĐK, 05/ĐK, 06/ĐK, 07/ĐK, 08/ĐK, 09/ĐK, 10/ĐK, 11/ĐK, 12/ĐK, 14/ĐK of Decree No. 101/2024/NĐ-CP;

c) Clause 1 of Article 14; Clause 1 and Clause 5 of Article 54; Point c of Clause 2 and Point a of Clause 3 of Article 94; Clause 4 and Clause 6 of Article 99; Clause 3 of Article 100; Point b of Clause 6 of Article 101; Articles 20, 21, 23, 44, 45, 48, 49, 51, 52, 53, 60, 64, 66, 68, 73, 106, 107 of Decree No. 102/2024/NĐ-CP;

d) Articles 11, 12, and 13 of Decree No. 112/2024/NĐ-CP dated September 11, 2024 of the Government detailing rice-growing land.

Article 22. Transitional provisions

1. The State management tasks regarding land that are being implemented according to the provisions of the Land Law and detailed regulations on certain articles of the Land Law before July 1, 2025 but have not yet been completed shall be continued by the People's Committee of the province to suit each specific case.

2. Administrative units at the commune level after reorganization shall continue to use the land use plan of the district, the annual land use plan of the district, or the urban and rural planning scheme approved by competent state agencies according to the law before July 1, 2025 within their territory or land use indicators in the land allocation and zoning plan of the provincial planning scheme allocated to administrative units at the commune level after reorganization until the completion of the review and establishment of land use plans and plans according to new administrative units.

3. Transitional provisions for land expropriation, compensation, and resettlement support:

a) In cases where the People's Committee of the district has issued a decision approving the compensation, support, and resettlement plan according to the Land Law before July 1, 2025 but has not yet issued a land expropriation decision, the Chairman of the People's Committee of the commune shall continue to implement procedures according to the authority prescribed by the Land Law and this Decree for the area within the commune.

b) In cases where the procedures for compensation, support, resettlement, and land expropriation are being carried out according to Article 87 of the Land Law before July 1, 2025 but have not yet issued a decision approving the compensation, support, and resettlement plan, the Chairman of the People's Committee of the commune shall continue to implement the steps according to the provisions of the Land Law and this Decree for the area within the commune.

c) In cases where there is a decision to enforce the land expropriation decision according to the Land Law before July 1, 2025 but enforcement has not yet been organized, the Chairman of the People's Committee of the commune shall carry out the enforcement according to the provisions of the Land Law and this Decree.

d) In cases where organizations are conducting land valuation, implementing compensation, support, and resettlement tasks according to the provisions of the Land Law before July 1, 2025 but have not yet completed these tasks, the People's Committee of the province shall decide to continue these tasks appropriately for each specific case.

4. In cases where a project includes a portion of land for which a compensation, support, and resettlement plan has been approved according to the provisions of the Land Law 2024 and guiding documents for its implementation by the People's Committee of the province within its assigned authority but still has areas without an approved plan as of July 1, 2025, the People's Committee of the province after reorganization shall decide to apply the compensation, support, and resettlement provisions already issued for implementation.

5. In cases where applications for land allocation, land lease, and change of land use purpose were submitted before July 1, 2025 but have not yet been resolved by the competent authority, the following shall apply:

a) If it falls under the authority of the People's Committee of the province according to the law before July 1, 2025, the Chairman of the People's Committee of the province shall now resolve according to the procedures and processes stipulated by the land law before this Decree takes effect.

b) If it falls under the authority of the People's Committee of the district according to the law before July 1, 2025, the Chairman of the People's Committee of the commune shall now resolve according to the procedures and processes stipulated in this Decree.

c) Land lease contracts signed before this Decree takes effect shall remain valid until the end date specified in the contract.

6. Land registration files, property attached to land, and applications for issuance of land use right certificates and ownership certificates of property attached to land received before July 1, 2025 but not yet resolved by the competent authority shall be handled as follows:

a) If it falls under the authority of the People's Committee of the province according to the law before July 1, 2025, it shall now be resolved according to the procedures and processes stipulated by the land law before this Decree takes effect.

b) If it falls under the authority of the People's Committee of the district according to the law before July 1, 2025, the Chairman of the People's Committee of the commune shall now resolve according to the procedures and processes stipulated in this Decree.

7. For localities currently implementing the construction of land price lists to be published and applied from January 1, 2026, if they now operate under a two-level local government model, the People's Committee of the new administrative unit shall continue to implement the task of constructing the land price list to publish and apply from January 1, 2026 according to the law.

Article 23. Responsibility for Implementation

1. Authorities and individuals with delegated, decentralized, and defined powers when receiving and performing state management functions and tasks in the field of land shall have the responsibilities as follows:

a) Review the tasks delegated, decentralized, and defined according to this Decree to amend, supplement, and announce the Decision on the list of administrative procedures within their authority to ensure smooth processing of administrative procedures after delegation, decentralization, and definition of authority without interruption.

b) Inherit all files, documents, steps taken, and results of resolution of authorities and individuals who performed these tasks before this Decree takes effect. They shall not require individuals or organizations to resubmit previously submitted files; they shall not repeat steps in administrative procedures already completed before delegation, decentralization, and definition of authority.

c) Accept and manage state affairs for tasks delegated, decentralized, and defined by authorities and individuals who performed them before this Decree takes effect.

2. The ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of people's committees at all levels, and related organizations and individuals shall be responsible for implementing this Decree.