Decentralization of authority to commune level in the field of land

The Chairman of the People's Committee at the commune level has the authority to issue "red books" from July 1.

- Decree No. 151, which has just been issued by the Government, has provisions to specify the 2024 Land Law, in which the authority of the district-level People's Committee is transferred to the chairman of the commune-level People's Committee for implementation. Could you please tell us more about the authority of the commune-level People's Committee chairman in the field of land?

Mr. Nguyen Minh Thu - Deputy Director of Department of Agriculture and Environment

- According to Decree No. 151, most of the authority of the district-level People's Committee is transferred to the Chairman of the Commune-level People's Committee for implementation; the commune-level government continues to perform the tasks, powers and authorities assigned to the commune level by the decrees. Accordingly, the Chairman of the Commune-level People's Committee has the authority to: Issue Certificates of land use rights and ownership of assets attached to land (red books); decide on the change of land use purpose; re-determine the area of residential land and issue Certificates of land use rights and ownership of assets attached to land according to the provisions of the 2024 Land Law.

The Decree also stipulates the order and procedures for granting Certificates of land use rights and ownership of assets attached to land in a more concise manner; When carrying out this procedure in Articles 137, 138, 139 and 140 of the 2024 Land Law, the People's Committee at the commune level does not have to separately confirm compliance with planning, no disputes, and stable land use.

At the same time, according to Decree No. 151, from July 1, 2025, the Chairman of the People's Committee at the commune level also has the authority to: Approval of agricultural land use plans of economic organizations; approval of rice land use plans of individuals; land recovery decisions; decisions approving compensation, support and resettlement plans; approval of plans for enforcement of land recovery decisions and funding for enforcement activities; decisions on specific land prices... as prescribed in the 2024 Land Law, under the authority of the District People's Committee before July 1, 2025.

People can choose where to submit land records within the same province.

- As mentioned above, Decree No. 151 has specified the Land Law, strongly decentralizing authority to the commune level. What new regulations will there be for people when carrying out land procedures, sir?

- Article 18 of Decree No. 151 has provisions related to procedures and dossiers for land registration, assets attached to land, and cadastral records. Accordingly, the submission of dossiers prescribed in Clauses 3 and 4, Article 21 of Decree No. 101, dated July 29, 2024 of the Government regulating basic land survey; registration, issuance of Certificates of land use rights, ownership of assets attached to land and land information system, the applicant can choose one of the places to submit dossiers in the provincial area, with procedures such as: Registration of land use rights, registration of assets attached to land, issuance or update of red books... People can submit dossiers at the one-stop department at any level (province, commune), land registration office or branch of this office, as long as they are in the same province or city.

Thus, when carrying out land registration procedures, people and businesses will be free to choose where to submit land records at any receiving unit within the province, instead of being bound by administrative boundaries as before.

Upon receiving the application, the authorities must promptly process it.

- Sir, how are the responsibilities of agencies receiving and handling administrative procedures on land regulated in Decree No. 151?

People register land procedures at the one-stop department of Ninh Hoa Town People's Committee.

- Decree No. 151 stipulates that the agency handling administrative procedures (AP) on land is not allowed to request land users to correct records and documents related to land after the arrangement and organization of two-level local authorities, but to do so simultaneously when land users carry out AP or based on the needs of land users.

Regarding the receipt of dossiers and return of results of land registration procedures and land-attached assets, according to Decree No. 101, the agencies receiving dossiers and returning results of land registration procedures and land-attached assets include: One-stop department according to regulations of the provincial People's Committee on receiving dossiers and returning results of administrative procedure settlement at provincial, district and commune levels; land registration office; branch of land registration office.

Returning results to the person requesting registration must ensure the time for handling administrative procedures prescribed in Decree No. 101. In case of delay in returning results for handling dossiers according to regulations on time for handling land administrative procedures, the agency receiving dossiers and handling procedures shall send a written notice or via electronic means or via SMS to the person requesting registration, stating clearly the reason...

Based on specific local conditions, the Provincial People's Committee shall specifically decide on the agency receiving and returning the results of handling procedures according to regulations and regulations on receiving, transferring dossiers, handling and returning the results of handling procedures for land registration and other assets attached to land, the time for each step of the procedure implementation of each relevant agency and unit, the interconnection between relevant agencies according to the one-stop mechanism to ensure that it does not exceed the total time prescribed by law and the principles stipulated in Decree No. 101; publicize administrative procedures and the selection of locations for submitting dossiers for land registration and assets attached to land in the locality.

Thank you!

THAI THINH (Implementation)

Source: https://baokhanhhoa.vn/xa-hoi/moi-truong-do-thi/202506/phan-cap-tham-quyen-cho-cap-xa-trong-linh-vuc-dat-dai-d64682b/