Land recovery for national defense and security tasks does not need to be submitted to the Prime Minister

According to the draft Resolution of the Government to remove obstacles in land management, the process of land recovery for national defense and security tasks but not yet included in the planning will no longer have to consult the Ministry of Agriculture and Environment, and will not have to be submitted to the Prime Minister for consideration and approval as before.

The Government is about to issue a resolution to remove institutional "bottlenecks" in land management.

The draft Resolution has been completed for the second time and sent to the Ministry of Justice for review. It is expected that the Resolution will take effect from the date of signing until March 1, 2027 or until relevant laws are amended. During the effective period, if there are any differences with current legal documents, the provisions of the Resolution will take precedence.

Specifically, land recovery for defense and security purposes, in cases where it is not included in the planning, will be conducted by the Minister of Defense or the Minister of Public Security in consultation with the provincial People's Committee, after which the chairman of the commune-level People's Committee will make a decision to recover the land. This process does not require the opinions of other ministries or a report to the Prime Minister.

For socio-economic projects for national and public interests related to defense and security land that have not been identified in the planning, the provincial People's Committee will consult with the Minister of National Defense or the Public Security, and then the commune-level People's Committee will decide to reclaim the land without having to submit it to the Prime Minister.

In particular, this new regulation applies to projects that have been approved for investment policy before the 2024 Land Law takes effect, regardless of the source of investment capital (including projects not under the authority of the National Assembly or the Prime Minister).

The abolition of the submission process to the Prime Minister and some inter-sectoral opinions aims to strongly decentralize to localities, shorten administrative procedures, remove institutional "bottlenecks" in land management, create equal conditions for investors to access land, promote disbursement and project implementation progress.

The draft Resolution also proposes a solution to fill the legal gap due to the absence of district-level authorities from July 1, 2025. Accordingly, the People's Committees of provinces and cities will base on the land use targets in the provincial planning for the period 2021-2030, with a vision to 2050, which have been approved, instead of relying on the targets previously allocated by the Prime Minister.

During the period when localities have not approved commune-level planning or urban and rural planning, competent authorities will base on planning, plans, and land use targets according to Decree 151/2025/ND-CP to recover, allocate land, lease land, and permit change of land use purpose.

MR. PHUONG

Source: https://www.sggp.org.vn/thu-hoi-dat-cho-nhiem-vu-quoc-phong-an-ninh-khong-can-trinh-thu-tuong-post805223.html