Conditions and procedures for changing the purpose of using rice and forest land in Nghe An and 3 other provinces and cities

Deputy Prime Minister Le Van Thanh has just signed and issued Decision No. 10/2022/QD-TTg stipulating the procedures for approving the conversion of land use purposes for rice cultivation from 02 crops or more with a scale of less than 500 hectares; special-use forest land, upstream protection forest land under 50 hectares under the authority of the Prime Minister authorized to the People's Councils of 4 provinces and cities: Hai Phong, Thanh Hoa, Nghe An and Can Tho in the Resolutions passed by the 15th National Assembly.

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This Decision stipulates the order and procedures for approving the change of land use purpose under the authority of the Prime Minister authorized to the People's Council at the provincial level, specifically as follows:

+ Changing the purpose of using rice-growing land for 2 or more crops with a scale of less than 500 hectares in Hai Phong city as prescribed in Clause 1, Article 4 of Resolution No. 35/2021/QH15 dated November 13, 2021 of the National Assembly.

+ Change the purpose of using land for rice cultivation from 2 crops or more with a scale of less than 500 hectares; special-use forest land, upstream protection forest land under 50 hectares in Nghe An province as prescribed in Clause 2, Article 4 of Resolution No. 36/2021/QH15 dated November 13, 2021.

+ Change the purpose of using land for rice cultivation from 2 crops or more with a scale of less than 500 hectares; special-use forest land, upstream protection forest land under 50 hectares in Thanh Hoa province as prescribed in Clause 2, Article 4 of Resolution No. 37/2021/QH15 dated November 13, 2021.

+ Changing the purpose of using rice-growing land for 2 or more crops with a scale of less than 500 hectares in Can Tho city as prescribed in Clause 1, Article 4 of Resolution No. 45/2022/QH15 dated January 11, 2022 of the National Assembly.

The Decision specifies the conditions for approval of land use purpose conversion to implement investment projects:

1- Investment projects that need to change land use purposes fall into one of the above cases.

2- In accordance with the land use planning and plans decided and approved by competent authorities and other relevant plans as prescribed by law.

3- Investment has been approved in accordance with the provisions of law and the approval document is still valid at the time of proposal; for projects requiring land recovery in accordance with the provisions of Clause 3, Article 62 of the Land Law, it must be approved by the Provincial People's Council.

4- Have a plan for replacement forestation and ensure that the cost of replacement forestation is determined in the total investment of the project for projects that change the purpose of forest use according to the provisions of the law on forestry or a document completing the responsibility to pay for replacement forestation or a plan for using the topsoil layer according to the provisions of the law on cultivation.

Procedures for approval of change of purpose of use of rice-growing land and forest land

Based on the regulations on conditions for approval of land use purpose conversion to implement the above investment project, investors and project owners who need to convert land use purpose must register their land use needs at the People's Committee of the district where the project is implemented. The People's Committee of the district is responsible for synthesizing and sending to the Department of Natural Resources and Environment to carry out procedures for converting land use purpose. In case the project is implemented in 2 or more districts, the investor or project owner must register directly with the Department of Natural Resources and Environment where the project is implemented.

In case the dossier is invalid, within 3 days from the date of receiving the dossier, the Department of Natural Resources and Environment shall respond in writing to the organization or individual requesting to change the land use purpose.

Within 15 days from the date of receiving a complete and valid dossier to carry out procedures for changing land use purposes, the Department of Natural Resources and Environment shall coordinate with organizations in need of land use, the People's Committees at the district and commune levels where the land is located to collect opinions according to regulations.

The dossier submitted to the Provincial People's Committee includes: Submission to the People's Council on land use purpose conversion; list of projects requiring land use purpose conversion; extract of the map of the land use purpose conversion area certified by the Department of Natural Resources and Environment.

Within no more than 10 days from the date of receipt of valid dossiers, the Provincial People's Committee shall be responsible for organizing the appraisal of the change of land use purpose. In case the dossiers are invalid, within no more than 2 days from the date of receipt of the dossiers, the Provincial People's Committee shall be responsible for notifying the Department of Natural Resources and Environment.

Within no more than 10 days from the date of receiving the appraisal opinion, the Department of Natural Resources and Environment is responsible for explaining, accepting and completing the dossier to submit to the Provincial People's Council for consideration and approval.

The Provincial People's Committee submits to the Provincial People's Council for approval of land use purpose change.

The Provincial People's Council considers and decides to approve the change of land use purpose according to the Working Regulations of the Provincial People's Council.

After receiving written approval from the Provincial People's Council, the Provincial People's Committee shall consider and decide on land allocation, land lease, and permission to change land use purposes in accordance with the provisions of the law on land and other relevant laws.