Decision No. 06/2023/QĐ-TTg provides a pilot on the procedures and formalities for approving the change of land use purpose from rice cultivation to other purposes with a scale under 500 hectares within the authority delegated by the Prime Minister to the People's Council of Khanh Hoa Province.

Pursuant to …;

PROVISIONS ON THE PROCEDURE AND PROCEDURES FOR APPROVAL OF CHANGE IN PURPOSE OF USE OF RICE FIELDS WITH AN AREA UNDER 500 HA WITHIN THE AUTHORITY DELEGATED BY THE PRIME MINISTER TO THE PEOPLE'S COUNCIL OF KHANH HOA PROVINCE

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

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

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Land Law of November 26, 2013;

Pursuant to Resolution No. 55/2022/QH15 of June 16, 2022 of the National Assembly on pilot implementation of certain special mechanisms and policies for the development of Khanh Hoa Province; In accordance with the proposal of the Minister of Natural Resources and Environment;

The Prime Minister issues this Decision to provide provisions on the pilot implementation of the procedure and procedures for approval of change in purpose of use of rice fields with an area under 500 ha within the authority delegated by the Prime Minister to the People's Council of Khanh Hoa Province.

Article 1. Scope of Regulation and Applicability

Article 1. Scope of Regulation: This Decision provides provisions on the pilot implementation of the procedure and procedures for approval of change in purpose of use of rice fields with an area under 500 ha in Khanh Hoa Province within the authority delegated by the Prime Minister to the People's Council of Khanh Hoa Province as stipulated in Clause 1, Article 5 of Resolution No. 55/2022/QH15 of June 16, 2022 of the National Assembly.

Article 2. Applicability: This Decision applies to state agencies, organizations, and individuals related to the change in purpose of use of land as stipulated in Clause 1 of this Article in Khanh Hoa Province.

Article 3. Conditions for Approval of Change in Purpose of Use of Land for Implementation of Investment Projects

1. The investment project has the need to change the purpose of use of land as provided for in Clause 1, Article 1 of this Decision.

2. It is consistent with the land use plan and land use plan approved by the competent authority and other relevant plans as prescribed by law.

3. It has been approved for investment in accordance with the law, and the approval document remains valid at the time of application; for projects requiring land acquisition as provided for in Clause 3, Article 62 of the Land Law, it must be approved by the People's Council of the province.

4. It has a plan for surface land use in compliance with the law on cultivation.

Article 4. Request for Approval of Change in Purpose of Use of Land

1. The People's Committee of the district shall be responsible for compiling the needs for change in purpose of use of land of organizations, households, and individuals subject to the provisions of Article 1 and meeting the conditions stipulated in Article 3 of this Decision, and submit them to the Department of Natural Resources and Environment to prepare a report for the People's Committee of the province to consider and submit to the People's Council of the province for decision on changing the purpose of use of rice fields to another purpose for implementation of the project. For cases where the project is implemented in two or more districts, the investor shall directly register with the Department of Natural Resources and Environment.

2. If the file is not in compliance, the Department of Natural Resources and Environment shall respond in writing to the organization or individual requesting the change in purpose of use of land within three working days from the date of receipt of the file.

Within fifteen working days from the date of receiving a complete and compliant file, the Department of Natural Resources and Environment shall coordinate with organizations and individuals having the need to use land, the People's Committee of the district, and the People's Committee of the commune where the land is located to collect opinions according to the following provisions:

a) Content of opinion collection includes:

Location and scale of land use of the investment project;

Impact on people whose land will be acquired (living conditions, employment, occupation change);

Impact of changing the purpose of use of land on the community.

b) Form of opinion collection:

Collecting opinions directly from people whose land will be acquired and the community through representatives of residential areas. The Vietnam Fatherland Front and local organizations at the location of the land change;

Collecting written opinions from relevant departments and the People's Committee of the district and commune where the land change is taking place.

c) Within no more than fifteen working days from the end of the opinion collection process, the Department of Natural Resources and Environment shall be responsible for coordinating with organizations and individuals having the need to use land, and the People's Committee of the district where the land is located to compile, explain, and incorporate opinions and prepare a file for requesting approval of the change in purpose of use of land to submit to the People's Committee of the province.

3. Files submitted to the People's Committee of the province include:

a) A report to the People's Council of the province on the change in purpose of use of land including the following basic information:

The necessity and demand for change in purpose of use of land;

The consistency of the change in purpose of use of land with the approved land use plan;

Compliance with conditions and adherence to laws on land and other relevant laws when changing the purpose of use of land.

b) List of projects requiring change in purpose of use of land;

c) Extracts from the map of the area for change in purpose of use of land certified by the Department of Natural Resources and Environment.

Article 4. Responsibilities of the Provincial People's Committee

1. Within no more than ten working days from the date of receiving valid files, the Provincial People's Committee shall be responsible for organizing the examination of the change in land use purpose. In case the files are not valid, within no more than two working days from the date of receiving the files, the Provincial People's Committee shall be responsible for notifying the Department of Natural Resources and Environment.

2. The contents of the examination include:

a) The necessity and demand for changing the land use purpose;

b) The conformity of the change in land use purpose with the approved land use plans and other relevant plans;

c) Compliance with the conditions and legal provisions on land and other related laws when changing the land use purpose as stipulated in Article 2 of this Decision.

3. The Provincial People's Committee decides the form of examination through an examination council or by soliciting opinions in writing.

4. Within no more than ten working days from the date of receiving the examination opinions, the Department of Natural Resources and Environment shall be responsible for explaining, adopting, and perfecting the files to submit to the Provincial People's Committee for submission to the Provincial People's Council for consideration and approval.

Article 5. Decision on Approval of Change in Land Use Purpose

1. The Provincial People's Committee submits to the Provincial People's Council for approval of the change in land use purpose, including the following documents:

a) A report to the Provincial People's Council on the approval of the change in land use purpose according to the Appendix issued together with this Decision;

b) A list of projects approved for the change in land use purpose;

c) An extract of the map of the area for the change in land use purpose, confirmed by the Department of Natural Resources and Environment;

d) A report summarizing the adoption and explanation of comments and examination opinions.

2. The Provincial People's Council considers and decides to approve the change in land use purpose according to the operational regulations of the Provincial People's Council.

3. After receiving the approval document from the Provincial People's Council, the Provincial People's Committee examines and decides on land recovery, allocation, leasing, and permission to change the land use purpose according to the current laws on land and other related laws.

Article 6. Implementation Organization

1. Responsibilities of the Provincial People's Council:

a) To bear responsibility before the law and the Prime Minister for the implementation of the delegated contents according to the law;

b) To annually report to the Prime Minister on the results of the change in land use purpose as stipulated in Article 1 of this Decision;

c) To summarize the implementation of this Decision and send a report to the Ministry of Natural Resources and Environment for consolidation and reporting to the Prime Minister.

2. The Ministry of Natural Resources and Environment, in collaboration with the Ministry of Agriculture and Rural Development, and the Ministry of Planning and Investment, shall be responsible for inspecting the organization of the implementation of this Decision.

Article 7. Transitional Provisions

For cases where the People's Committee of Khanh Hoa Province has submitted valid files according to the regulations to the Ministry of Natural Resources and Environment and the Ministry of Agriculture and Rural Development for examination to submit to the Prime Minister for approval of the change in land use purpose for rice cultivation as stipulated in point a, Clause 1, Article 58 of the Land Law before the Resolution of the National Assembly allowing pilot implementation of certain special mechanisms and policies becomes effective, continue to implement according to the current laws on land.

Article 8. Implementation clause

1. This Decision takes effect from the date of issuance. This Decision will be implemented until Resolution No. 55/2022/QH15 ceases to be effective.

2. The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, the People's Council of Khanh Hoa Province, the Chairman of the People's Committee of Khanh Hoa Province, and Heads of related units are responsible for implementing this Decision.