What is the land authority of the People's Committee at the commune level from July 1, 2025?

Reply:

Pursuant to Articles 5, 6, 10, 13, 14, 17 and Appendix I, Part II, Part V, Part VI, Decree 151/2025/ND-CP of the Government effective from July 1, 2025 to March 1, 2027, the commune level is assigned very broad powers in the field of land, specifically as follows:

Authority to transfer from district to commune level:

- Approve agricultural land use plans of economic organizations, approve rice land use plans of individuals.

- Decision to reclaim land in many cases (for example: reclaim land due to law violations, reclaim land for socio-economic development for national and public interests...).

- Issue land recovery notice.

- Decision to approve compensation, support and resettlement plan.

- Approve the plan to enforce the land recovery decision and the budget for enforcement activities.

- Decide on specific land prices and resettlement housing prices in the area.

- Granting certificates of land use rights and property ownership rights attached to land to individuals and residential communities.

- Redefine residential land area and issue certificates of land use rights and ownership of assets attached to land.

- Record land prices in decisions related to land allocation, land lease, land use purpose conversion, land use extension, land use term adjustment, and land use form conversion.

- Decision to establish a specific land valuation council.

- Decision on land allocation, land lease, permission to change land use purpose for individuals and residential communities.

- Approve the plan to contribute land use rights and readjust land to implement projects to improve and develop rural residential areas, expand and upgrade rural roads.

- Decision to establish a Compensation, Support and Resettlement Council for each project.

- Issue decisions on compulsory inventory, decisions on compulsory implementation of compulsory inventory decisions, decisions on compulsory implementation of land recovery decisions, and establish Land Recovery Enforcement Boards.

- Decision on land requisition, extension of land requisition, determination of compensation level for damages caused by land requisition.

- Resolve land disputes between households, individuals, and residential communities; issue decisions to resolve land disputes, and decisions to enforce the implementation of decisions to resolve land disputes.

Authority of commune-level land management agency:

- Issue inspection plans and inspection decisions for land areas in the management area.

- Preside and coordinate the appraisal of compensation, support and resettlement plans.

- Sign to confirm the cadastral map excerpt for registration and issuance of land use right certificates and property ownership rights attached to land.

- Manage and use information from land records, update land fluctuations, reflect violations in land management and use in land records.

- Organize specialized land inspections, participate in the Land Dispute Mediation Council, inspect, urge, and guide the performance of public duties by officials and civil servants, resolve complaints and denunciations, and handle violations of laws on land management and use in the locality.

Decentralization and delegation of authority from provincial level to commune level:

- Decide on other measures and support levels for each specific project.

- Decision to reclaim land in some special cases.

- Decision on land allocation without land use fee collection, land lease with annual land rent collection, approval of agreement to receive land use rights to implement projects, decision on land allocation, land lease, permission to change land use purpose for cases of exemption from all land use fees and land rent for the entire lease term.

- Decide on land use forms, grant certificates of land use rights and ownership of assets attached to land for cases of land use in special forms.

- Approve the plan to rearrange residential land into residential areas, decide on land allocation and lease of land for civil airports and seaports.

Responsibilities of the People's Council at the commune level:

- Attend the Compensation, Support and Resettlement Council meeting for supervision.

- Through planning and land use plans at commune level.

Responsibilities of the People's Committee at the commune level:

- Give opinions on provincial land use planning.

- Organize the establishment and adjustment of commune-level land use planning and 5-year commune-level land use plans.

- Publicly announce commune-level land use planning and plans.

- Organize the implementation of local land use planning and plans.

- Announce and publicize the scope of land acquisition according to project progress.

- Report the results of implementation of land use planning and plans to the Provincial People's Committee.

- Direct and organize the implementation of compensation, support and resettlement tasks.

- Management of recovered land in rural areas.

- Organize the enforcement of land recovery decisions and resolve complaints related to enforcement.

- Establish and organize the implementation of resettlement projects, training plans, career conversion and job search in the locality.

- Assign responsibility to units and organizations to carry out compensation, support and resettlement tasks.

- Manage the land area of ​​agricultural and forestry companies handed over to localities, alluvial land along rivers and coasts.

- Carry out responsibilities for land management and use according to decrees detailing the implementation of the Land Law.

Procedures and formalities in the land sector carried out by the commune level

- Organize meetings with land owners in the land recovery area, issue land recovery notices, investigate, survey, measure, count, develop compensation, support, and resettlement plans, publicly post plans, solicit opinions, appraise, approve, disseminate, publicly post approval decisions, send compensation, support, and resettlement plans, implement compensation, support, and resettlement arrangements, issue land recovery decisions, organize mobilization, persuasion, and enforce land recovery, and manage recovered land.

- Carry out registration procedures and grant certificates of land use rights and ownership of assets attached to land in cases of donating land use rights to the State or residential communities or expanding roads.

- Carry out procedures for providing information data and land data to organizations and individuals in need.

Note:

+From July 1, 2025, all tasks, roles, functions, and authorities of district-level authorities have been transferred to commune-level or provincial-level authorities according to the provisions of newly issued decrees on decentralization, delegation, and determination of authority of two-level local authorities.

+When carrying out administrative procedures on land, people and organizations need to contact directly the People's Committee of the commune where the land is located to receive guidance and resolve according to the new authority.