Authority to allocate land, lease land, and permit changes in land use

Reply:

Article 123 of the 2024 Land Law stipulates the authority to allocate land, lease land, and permit changes in land use purposes as follows:

1. The provincial People's Committee decides on land allocation, land leasing, and permission for land use conversion in the following cases:

a) Granting land, leasing land, and permitting changes in land use purposes for domestic organizations;

b) Granting land or leasing land to religious organizations and affiliated religious organizations;

c) Granting land or leasing land to people of Vietnamese origin residing abroad and economic organizations with foreign investment capital;

d) Leasing land to foreign organizations with diplomatic functions.

2. The People's Committee at the district level decides on land allocation, land leasing, and permission for land use conversion in the following cases:

a) Land allocation, land leasing, and permission for land use conversion for individuals. In cases where individuals lease land or are permitted to convert agricultural land for commercial or service purposes with an area of ​​0.5 hectares or more, written approval from the provincial People's Committee is required before making a decision;

b) Land allocation to local communities.

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

4. The competent state agency for land allocation, land leasing, and permission for land use conversion as stipulated in Clauses 1 and 2 of this Article is the agency authorized to decide on adjustments and extensions of land use rights for cases where the land user has received a decision on land allocation, land leasing, or permission for land use conversion before the effective date of this Law, and other cases of decisions on land allocation, land leasing, and permission for land use conversion as prescribed by this Law.

5. The competent state agencies specified in Clauses 1, 2, and 4 of this Article shall not be allowed to delegate or authorize other powers.

PV