The significance of Decree 151/2025/NĐ-CP issued by the Government regarding the authority of the two-tier local government system, and the delegation and decentralization of powers in the field of land management

After the National Assembly passed the amended Constitution and the Law on Organization of Local Government, reflecting the administrative reform initiated by General Secretary To Lam, numerous legal documents have been issued to concretize these policies. One important document is Decree No. 151/2025/NĐ-CP in the field of land management, which introduces significant changes in authority and impacts many administrative procedures related to land in Vietnam. In this article, TNTP’s lawyer will analyze the significance of Decree No. 151/2025/NĐ-CP.

1.Expansion of Authority for Chairman of Commune-level People’s Committees

a.Transfer of authority from district-level People’s Committees and their Chairman

According to Article 5 of Decree 151, certain powers previously held by district-level People’s Committees and their Chairman will be transferred to the Chairman of commune-level People’s Committees, within the scope of specific provisions of the Land Law, including approving certain agricultural land use plans, deciding on compensation, support, and resettlement plans, setting land prices for land recovery cases, enforcing land recovery decisions, resolving land disputes, and more.

b. Transfer of authority from provincial-level People’s Committees and their Chairman

According to Article 10 of Decree 151, some of authority of provincial-level People’s Committees will be assigned to commune-level People’s Committees and their Chairman, such as: deciding on remedial measures and levels of support for specific projects involving land recovery by the state; authority over land recovery and handling of cases involving public property attached to land; deciding on land allocation without land use fees; approving plans to reorganize residential land areas; and deciding on land allocation or leasing for civil airports and airfields, among others.

c. Commune-level authorities can now issue Land Use Right Certificates

Another major change is the authority to issue Certificate of land use rights and ownership of houses and other land-attached assets. This power now lies with the Chairman and People’s Committees of communes, as specified in Point h, Article 5 and Point đ, Article 10 of Decree 151.

It can be seen that commune-level People’s Committees and its Chairman have been granted more capability, thus simplified processes that previously required decisions from district- or provincial-level authorities. However, this expansion of authority also comes with greater responsibility for commune-level officials. With many powers now shifted from higher levels to communes, the local officials must correspondingly enhance their profession to ensure quality performance, timely processing, and compliance with legal mandates. This presents both a challenge and an opportunity for commune-level governments to improve their capabilities in order to meet their responsibilities, apply their skills to practical tasks, and strengthen their management and operational effectiveness—thus contributing more significantly to the state apparatus and society in line with the expectations entrusted by the Party and the State.

2.Simplify the processes for the Issuance of Land Use Right Certificates

a. Applicants for Land Use Right Certificates and land use change registration may choose the place of submission within the province

Under the previous regulations in Decree No. 101/2024/NĐ-CP, applications for initial land registration or for land use changes had to be submitted at the location of the land. However, according to Clause 1, Article 18 of Decree 151, for first-time registration of land or assets attached to land, and for registration of changes related to land and attached assets, applicants are now allowed to file the document at any location within the same provincial territory—removing the prior geographic restriction.

This new regulation under Decree 151 better protects the rights of citizens by reducing the time and effort required to submit applications. It is a step toward improving the quality of public services in handling land-related administrative procedures.

b. Issuance of Land Use Right Certificates no longer requires verification that the land is not under dispute

According to the 2024 Land Law, one of the conditions for land registration or exercising land use rights was that the land must not be under dispute. As a result, applicants had to obtain confirmation from the commune-level People’s Committee where the land is located to prove that the land was not in dispute and did not violate planning regulations.

However, under the new provision in Clause 4, Article 18 of Decree 151, when commune-level People’s Committees process applications for Land Use Right Certificates and Certificates of ownership of assets attached to land under Articles 137, 138, 139, and 140 of the 2024 Land Law, they are not required to independently confirm:

• Compliance with land-use planning;
• Non-dispute status;
• Stable land use.

This means that applicants for new or amended Land Use Right Certificates and asset ownership certificates no longer need to obtain confirmation that the land is not in dispute. Moreover, administrative authorities handling land procedures are not allowed to request this confirmation from land users. This change is highly significant as it greatly reduces the time and resources required for both applicants and government agencies when dealing with land-related administrative processes.

From the above changes, it is clear that Decree No. 151/2025/NĐ-CP introduces numerous positive reforms with wide-ranging impacts on local authority powers and administrative procedures related to land in Vietnam. It also better protects the rights of citizens undertaking such procedures. These reforms represent a crucial step toward enhancing the effectiveness of legal implementation and land management, reducing overlaps in the authority of different government levels, and—most importantly—realizing the Party and State’s vision of streamlining administrative structures in accordance with Resolution 18.

This concludes TNTP’s legal analysis of Decree No. 151/2025/NĐ-CP. We hope this article provides valuable insights to our readers.

Sincerely,