Authority to allocate land, lease land, and permit change of land use purpose

Reply:

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

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

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

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

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

d) Land lease to foreign organizations with diplomatic functions.

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

a) Land allocation, land lease, and permission to change land use purposes for individuals. In case of land lease to individuals or permission to change the purpose of agricultural land use for commercial or service purposes with an area of ​​0.5 ha or more, there must be written approval from the Provincial People's Committee before making a decision;

b) Land allocation to residential communities.

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

4. The State agency competent to allocate land, lease land, and permit conversion of land use purposes as prescribed in Clauses 1 and 2 of this Article is the agency competent to decide on land use adjustment and extension in cases where the land user has had a decision on land allocation, land lease, or permit conversion of land use purposes before the effective date of this Law and in cases where a decision on land allocation, land lease, or permit conversion of land use purposes is made in accordance with the provisions of this Law.

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