Decision 10/2022/QD-TTg procedures for approving the change of land use purpose of under-50 hectare special-use forest land

DECISION

Prescribing the order and procedures for approval of the repurposing of less than 500 hectares of land for wet-rice cultivation with 2 or more crops per year; and less than 50 hectares of land under special-use forests or watershed protection forests^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 19, 2015 Law on Organization of Local Administration;

Pursuant to the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 26, 2013 Land Law;

Pursuant to the November 15, 2017 Law on Forestry;

Pursuant to the National Assembly’s Resolution No. 35/2021/QH15 of November 13, 2021, on pilot implementation of a number of special mechanisms and policies for development of Hai Phong city;

Pursuant to the National Assembly’s Resolution No. 36/2021/QH15 of November 13, 2021, on pilot implementation of a number of special mechanisms and policies for development of Nghe An province;

Pursuant to the National Assembly’s Resolution No. 37/2021/QH15 of November 13, 2021, on pilot implementation of a number of special mechanisms and policies for development of Thanh Hoa province;

Pursuant to the National Assembly’s Resolution No. 45/2022/QH15 of January 11, 2022, on pilot implementation of a number of special mechanisms and policies for development of Can Tho City;

At the proposal of the Minister of Natural Resources and Environment;

The Prime Minister promulgates the Decision prescribing the order and procedures for approval of the repurposing of less than 500 hectares of land for wet-rice cultivation with 2 or more crops per year; and less than 50 hectares of land under special-use forests or watershed protection forests as authorized by the Prime Minister to the People’s Councils of Hai Phong city, Thanh Hoa province, Nghe An province and Can Tho city in Resolutions adopted by the 15^th National Assembly.

Article 1. Scope of regulation and subjects of application

1. Scope of regulation: This Decision prescribes the order and procedures for approval of the repurposing of land as authorized by the Prime Minister to provincial-level People’s Councils, specifically as follows:

a/ The repurposing of less than 500 hectares of land for wet-rice cultivation with 2 or more crops per year in Hai Phong city under Clause 1, Article 4 of the National Assembly’s Resolution No. 35/2021/QH15 of November 13, 2021;

b/ The repurposing of less than 500 hectares of land for wet-rice cultivation with 2 or more crops per year; and less than 50 hectares of land under special-use forests or  watershed protection forests in Nghe An province under Clause 2, Article 4 of the National Assembly’s Resolution No. 36/2021/QH15 of November 13, 2021;

c/ The repurposing of less than 500 hectares of land for wet-rice cultivation with 2 or more crops; and less than 50 hectares of land under special-use forests or watershed protection forests in Thanh Hoa province under Clause 2, Article 4 of the National Assembly’s Resolution No. 37/2021/QH15 of November 13, 2021;

d/ The repurposing of less than 500 hectares of land for wet-rice cultivation with 2 or more crops per year in Can Tho city under Clause 1, Article 4 of the National Assembly’s Resolution No. 45/2022/QH15 of January 11, 2022.

2. Subjects of application: This Decision applies to state agencies, and organizations and individuals involved in the repurposing of land specified in Clause 1 of this Article in Hai Phong city, Can Tho city, Nghe An province and Thanh Hoa province.

Article 2. Conditions for approval of land repurposing for implementation of investment projects

1. Falling into one of the cases specified in Clause 1, Article 1 of this Decision.

2. Being conformable with the land use mater plans and plans decided or approved by competent authorities and other related master plans as prescribed by law.

3. Having obtained the investment approval in accordance with law, which remains valid at the moment of proposing the repurposing of the land; having been approved by provincial-level People’s Councils, for projects requiring land recovery under Clause 3, Article 62 of the Land Law.

4. Having adopted a replacement forest plantation scheme of which funds for implementation are determined within projects’ total investments, for projects involving the repurposing of forest land in accordance with the law on forestry; or having obtained a confirmation of payment for replacement forest plantation or adopted a plan on use of the topsoil layer in accordance with the law on crop production.

Article 3. Requests for approval of land repurposing

1. Based on Article 2 of this Decision, an investor or a project owner wishing for land repurposing shall register his/her/its land use demand at the district-level People’s Committee of the locality where the project is carried out. The district-level People’s Committee shall sum up demands and send them to the provincial-level Department of Natural Resources and Environment for performing land repurposing procedures. For a project carried out in 2 or more districts, the investor or project owner shall register land use demand directly with the provincial-level Department of Natural Resources and Environment of the locality where the project is carried out.

2. In case a dossier is invalid, within 3 days after receiving it, the provincial-level Department of Natural Resources and Environment shall issue a written reply to the organization or individual requesting the land repurposing.

Within 15 days after receiving a complete and valid dossier for performing land repurposing procedures, the provincial-level Department of Natural Resources and Environment shall coordinate with organizations with land use demands and district- and commune-level People’s Committees of the localities where exist the to-be-repurposed land areas in conducting consultations as follows:

a/ Content of consultation:

- Location and land-use scale of the investment project(s);

- Impacts on people whose land is recovered (life, employment, career change);

- Impacts of the land repurposing on residential communities.

b/ Forms of consultation:

- Conducting direct consultation with people whose land is recovered and residential communities through representatives of residential quarters, the Vietnam Fatherland Front Committees and mass organizations in the localities where exist the to-be-repurposed land areas;

- Sending consultation documents to  related provincial-level departments and sectors and district- and commune-level People’s Committees of the localities where exist the to-be-repurposed land areas.

c/ Within 15 days after consultations are completed, the provincial-level Department of Natural Resources and Environment shall coordinate with organizations having land use demand and district-level People’s Committees of the localities where exist the to-be-repurposed land areas in summarizing, explaining and assimilating received opinions and prepare a dossier of request for approval of land repurposing for submission to the provincial-level People’s Committee.

3. A dossier for submission to the provincial-level People’s Committee must comprise:

a/ A report to the People’s Council on the land repurposing, containing the following principal information:

- Necessity of and demand for the land repurposing;

- Conformity of the land repurposing with the land use master plans and plans already decided or approved;

- Satisfaction of the conditions prescribed by, and compliance with, the land law and other relevant laws upon the land repurposing.

b/ List of projects wishing for land repurposing.

c/ Extracts of maps of the to-be-repurposed land areas, certified by the provincial-level Department of Natural Resources and Environment.

Article 4. Responsibilities of provincial-level People’s Committees

1. Within 10 days after receiving a valid dossier, the provincial-level People’s Committee shall organize the appraisal of land repurposing. In case the dossier is invalid, within 2 days after receiving it, the provincial-level People’s Committee shall notify thereof to the provincial-level Department of Natural Resources and Environment.

2. Contents of appraisal:

a/ Demand for and necessity of the land repurposing;

b/ Conformity of land repurposing with the land use master plans and plans already decided or approved and other related master plans;

c/ Satisfaction of the conditions specified in Article 2 of this Decision and compliance with the land law and other relevant laws upon land repurposing.

3. The provincial-level People’s Committee shall decide on the form of appraisal either through forming an appraisal council or seeking written opinions.

4. Within 10 days after obtaining the appraisal opinion, the provincial-level Department of Natural Resources and Environment shall explain and assimilate the opinion and finalize the dossier for submission to the provincial-level People’s Council for consideration and approval.

Article 5. Land repurposing approval decisions

1. The provincial-level People’s Committee shall submit dossiers to the provincial-level People’s Council for land repurposing approval. Such a dossier must comprise:

a/ A report to the provincial-level People’s Council on land repurposing approval, made according to Form No. 01 provided in the Appendix to this Decision;

b/ List of projects approved for land repurposing;

c/ Extracts of maps of the to-be-restructured land areas, certified by the provincial-level Department of Natural Resources and Environment;

d/ A summary report on assimilation and explanation of opinions and appraisal opinions.

2. Provincial-level People’s Councils shall consider and decide to permit land repurposing under their working regulations.

3. After obtaining a written approval of the provincial-level People’s Council, the provincial-level People’s Committee shall consider and decide to allocate or lease land or permit land repurposing in accordance with the land law and other related laws.

Article 6. Organization of implementation

1. Responsibilities of provincial-level People’s Councils:

a/ To bear responsibility before law and the Prime Minister for the implementation of the contents authorized under law;

b/ To annually report to the Prime Minister on land repurposing results under Article 1 of this Decision;

c/ To sum up results of implementation of this Decision and send a report thereon to the Ministry of Natural Resources and Environment for summarization and reporting to the Prime Minister.

2. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development and Ministry of Planning and Investment in, examining the implementation of this Decision.

Article 7. Transitional provisions

For cases in which provincial-level People’s Committees have sent valid dossiers under regulations to the Ministry of Natural Resources and Environment and Ministry of Agriculture and Rural Development for appraisal and submission to the Prime Minister for the latter to approve the repurposing of land for wet-rice cultivation or land under protection forests or special-use forests specified at Point a, Clause 1, Article 58 of the Land Law before the National Assembly’s Resolutions on pilot implementation of a number of special mechanisms and policies take effect, the existing land law shall be further applied.

Article 8. Implementation provisions

1. This Decision takes effect on the date of its signing. This Decision shall be implemented until Resolutions No. 35/2021/QH15, No. 36/2021/QH15 and No. 45/2022/QH15 cease to be effective.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, People’s Councils, and chairpersons of People’s Committees, of provinces and centrally run cities that are permitted by the National Assembly to implement on a pilot basis a number of special mechanisms and policies regarding the repurposing of land under protection forests and special-use forests and land for wet-rice cultivation with 2 or more crops per year, and heads of related agencies shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
LE VAN THANH

* The Appendix to this Decision is not translated.