Commune Chairs Issue Land Use Certificates in Vietnam from July 1, 2025

On June 12, 2025, the Government issued Decree 151/2025/ND-CP regulating the decentralization of authority for local governments at two levels, empowering and decentralizing in the field of land. Accordingly, Commune Chairs Issue Land Use Certificates in Vietnam from July 1, 2025. This is a crucial highlight in the administrative procedure reform process, aiming for stronger decentralization to grassroots authorities, to facilitate easier exercise of land rights for citizens. This change is expected to shorten processing times for applications, reduce the burden on higher management levels, and simultaneously enhance efficiency in local land management. In the article below, Viet An Law will provide clients with an overview of this issue.

Commune Chairs Issue Land Use Certificates in Vietnam from July 1, 2025

Based on points h, i, m, Clause 1, Article 5 of Decree 151/2025/ND-CP (effective from July 1, 2025), which stipulates the authority of District-level People’s Committees under the Land Law transferred to the Commune Chairs, including the following tasks:

• Issuing Land Use Certificate (Certificate of land use rights, ownership of house and other property on land) as stipulated in Point b, Clause 1, Article 136 and Point d, Clause 2, Article 142 of the Land Law;
• Re-determining residential land area and issuing Land Use Certificate as stipulated in Clause 6, Article 141 of the Land Law;
• Decisions to allocate land, lease out land, or grant permission for land repurposing for individuals as stipulated in Point c, Clause 1 and Point a, Clause 2, Article 123 of the Land Law; Decisions to allocate land for residential communities as stipulated in Point b, Clause 2, Article 123 of the Land Law; Decisions to allocate agricultural land for individuals as stipulated in Point b, Clause 2, Article 178 of the Land Law;

Accordingly, the cases eligible for Certificate issuance under these regulations include individuals, household communities currently using land (under the authority of the Commune Chairs from July 1, 2025), and cases of residential land previously arranged by organizations for their official or employee, which are now handed over for certificate issuance:

• Commune-level People’s Committees will have the authority to issue Land Use Certificates to the following subjects:
• Domestic individuals.
• Overseas Vietnamese residing abroad who are Vietnamese citizens.
• Residential communities.
• Previously, Point d, Clause 2, Article 142 of the Land Law 2024 referred to cases in the land area of an organization that was allocated to a household/individual that is an official or employee of the organization to build houses before the effective date of this Law shall be handed over to the People’s Committee of the second-level administrative division to which the land belongs which will issue a certificate. Now, this authority belongs to the Commune-level People’s Committee.
• At the same time, the commune level is authorized to issue certificates of title according to the approved arrangements for Land Use Certificate contribution or land readjustment. This task is currently handled at the provincial and district levels.
• Land Use Certificate issuance cases under the authority of the Provincial-level People’s Committee will be transferred to communes, wards, and special zones, including: Domestic organizations such as state agencies, Communist Party of Vietnam agencies, people’s armed units, Vietnam Fatherland Front, socio-political organizations, socio-political-professional organizations, socio-professional organizations; religious organizations; foreign organizations with diplomatic functions; people of Vietnamese origin residing abroad; economic organizations with foreign investment capital.
• Commune-level People’s Committees are also authorized to re-determine and issue the Land Use Certificate to the homestead land parcel of the household or individual with a garden or pond thereon for which a certificate of title has been issued before July 01, 2004.

Significance of Adjusting Commune-level People’s Committee Authority in Land Use Certificate Issuance

The adjustment of the authority of the Commune-level People’s Committee in Land Use Certificate issuance according to the Land Law 2024 and Decree 151/2025/ND-CP (effective from July 1, 2025) marks a significant step forward in administrative reform, specifically:

• Clearly demonstrates the State’s policy of strong decentralization, significantly reducing the workload for higher-level agencies, especially District-level People’s Committees, thereby optimizing the administrative apparatus;
• Significantly shorten the time and costs for citizens when carrying out administrative procedures related to land.
• Promotes administrative procedure reform, increases transparency, and publicity, and enhances citizen satisfaction with public services.
• Boosts the professional capacity and responsibility of commune-level officials, contributing to building a more citizen-friendly and effective administration.

What documents are needed for first-time Land Use Certificate issuance in 2025?

To carry out the first-time Land Use Certificate issuance procedure, citizens need to prepare a complete set of documents as stipulated in Article 28 of Decree 101/2024/ND-CP. Below is a list of necessary documents, depending on the requesting subject:

For individuals, households, residential communities

• An application form for registration of land or property attached to land, which is made using Form 04/DK enclosed with Decree 101/2024/ND-CP.
• Documents on land use rights granted before October 15, 1993 (such as land transfer certificates, and temporary land allocation certificates).
• House construction permits, state-owned housing purchase, and sale contracts (if any).
• Documents on inheritance rights, and land use rights received as gifts.
• Documents related to administrative violations in the field of land (if any).
• Written confirmation of household members having common land use rights (if any).
• Construction design documents that have been appraised or construction acceptance results (if any).
• Proof of financial obligations fulfilled (if any).

For organizations, foreign individuals

• Land registration application form according to Form 05/DK.
• Documents on land use rights as mentioned for individuals and households.
• Cadastral map extract, if available.
• Documents proving inheritance rights, especially for people of Vietnamese origin residing abroad.

Note: Citizens must provide copies of the above documents, certified or original for comparison.

How to handle a Land Use Certificate application received before July 1, 2025, but not yet resolved?

Decree 151/2025/ND-CP regulating the decentralization of authority for local governments at two levels, empowering and decentralizing in the field of land, explicitly states in its transitional provisions that if an application for land allocation, land lease, or change of land use purpose was submitted before July 1, 2025, but has not yet been resolved by the competent authority, it shall be handled as follows:

• In cases falling under the authority of the Provincial-level People’s Committee according to legal regulations before July 1, 2025, the Chairman of the Provincial-level People’s Committee shall now resolve them according to the procedures and processes stipulated by land law before the effective date of this Decree.
• In cases falling under the authority of the District-level People’s Committee according to legal regulations before July 1, 2025, the Commune Chairs shall now resolve them according to the procedures and processes stipulated in this Decree.

Above is the advice of Viet An Law on the issue of Commune Chairs Issue Land Use Certificates in Vietnam from July 1, 2025. Clients who have related questions or need legal support, please contact Viet An Law Firm for the best support!