Decision No. 10/2022/QĐ-TTg provides for the procedures and formalities for approving the change of land use purpose from rice cultivation with two or more crops per year to other purposes on a scale of less than 500 hectares.

Pursuant to …;
Regulations on the procedures and formalities for approving the change of land use purpose from two crops or more with a scale under 500 hectares for rice fields; special-use forests and protective forests upstream under 50 hectares

||| 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 the Forestry Law dated November 15, 2017;

Pursuant to Resolution No. 35/2021/QH15 dated November 13, 2021 of the National Assembly on pilot testing certain special mechanisms and policies for the development of Haiphong City;

Pursuant to Resolution No. 36/2021/QH15 dated November 13, 2021 of the National Assembly on pilot testing certain special mechanisms and policies for the development of Nghe An Province;

Pursuant to Resolution No. 37/2021/QH15 dated November 13, 2021 of the National Assembly on pilot testing certain special mechanisms and policies for the development of Thanh Hoa Province;

Pursuant to Resolution No. 45/2022/QH15 dated January 11, 2022 of the National Assembly on pilot testing certain special mechanisms and policies for the development of Can Tho City;

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

The Prime Minister issues this Decision to regulate the procedures and formalities for approving the change of land use purpose from two crops or more with a scale under 500 hectares for rice fields; special-use forests and protective forests upstream under 50 hectares within the authority delegated by the Prime Minister to the People's Councils of Haiphong City, Thanh Hoa Province, Nghe An Province, and Can Tho City as stipulated in the Resolutions passed by the 15th National Assembly.

Article 1. Scope of Regulation and Applicability

Article 1. Scope of Regulation: This Decision regulates the procedures and formalities for approving the change of land use purpose within the authority delegated by the Prime Minister to the provincial People's Councils, specifically as follows:

a) Changing the land use purpose from two crops or more with a scale under 500 hectares for rice fields in Haiphong City as stipulated in Clause 1, Article 4 of Resolution No. 35/2021/QH15 dated November 13, 2021 of the National Assembly;

b) Changing the land use purpose from two crops or more with a scale under 500 hectares for rice fields; special-use forests and protective forests upstream under 50 hectares in Nghe An Province as stipulated in Clause 2, Article 4 of Resolution No. 36/2021/QH15 dated November 13, 2021;

c) Changing the land use purpose from two crops or more with a scale under 500 hectares for rice fields; special-use forests and protective forests upstream under 50 hectares in Thanh Hoa Province as stipulated in Clause 2, Article 4 of Resolution No. 37/2021/QH15 dated November 13, 2021;

d) Changing the land use purpose from two crops or more with a scale under 500 hectares for rice fields in Can Tho City as stipulated in Clause 1, Article 4 of Resolution No. 45/2022/QH15 dated January 11, 2022 of the National Assembly.

Article 2. Applicability: This Decision applies to state agencies, organizations, and individuals related to the change of land use purpose as stipulated in Clause 1 of Article 1 of this Decision in Haiphong City, Can Tho City, Nghe An Province, and Thanh Hoa Province.

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

1. Investment projects requiring the change of land use purpose as provided in Clause 1 of 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. Already approved for investment according to the provisions of the law, and the approval document remains valid at the time of proposal; for projects that must reclaim land according to Clause 3, Article 62 of the Land Law, they must be approved by the Provincial People's Council.

4. Having a replanting plan and ensuring replanting funds determined in the total project investment cost for projects changing the land use purpose of forests as stipulated by forestry laws or documents completing the responsibility to pay replanting fees or plans using surface soil layers as stipulated by agricultural laws.

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

1. Based on the provisions of Article 2 of this Decision, investors and project owners requiring a change of land use purpose shall register their land use requirements with the District People's Committee where the project is located. The District People's Committee is responsible for compiling and sending the dossier to the Department of Natural Resources and Environment to carry out the procedures for changing the land use purpose. In cases where the project is implemented in two or more districts, the investor or project owner shall directly register with the Department of Natural Resources and Environment where the project is located.

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

Within fifteen days from the date of receiving a complete and compliant dossier to implement the procedures for changing the land use purpose, the Department of Natural Resources and Environment shall coordinate with organizations requiring land use, the District People's Committee, and the Commune People's Committee where the land is located to collect opinions according to the following regulations:

a) The content of collecting opinions includes:

Location and scale of land use of the investment project;

Impact on people whose land is being reclaimed (living conditions, employment, career change);

The impact of changing the land use purpose on the community.

b) Form of opinion collection:

Collecting opinions directly from people whose land is being reclaimed and the community through representatives of residential areas, the Vietnam Fatherland Front, and local social organizations where the land is located.

Collecting written opinions from relevant departments, the District People's Committee, and the Commune People's Committee where the land is located.

c) Within fifteen days from the end of the opinion collection process, the Department of Natural Resources and Environment shall coordinate with organizations requiring land use and the District People's Committee where the land is located to compile, explain, and incorporate the opinions into a dossier to propose approval for the change of land use purpose to the Provincial People's Committee.

3. Dossier submitted to the Provincial People's Committee includes:

a) A report from the People's Council on the change of land use purpose including basic information as follows:

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 a change of land use purpose.

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 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 days from the date of receiving the files, the Provincial People's Committee shall notify the Department of Natural Resources and Environment.

2. The contents of the examination include:

a) The necessity and requirement 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 on the form of examination through an examination council or by collecting opinions in writing.

4. Within no more than ten 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 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 files:

a) A report to the Provincial People's Council regarding the approval of the change in land use purpose according to Model No. 01 attached to this Decision;

b) A list of approved projects for changing the 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 the allocation of land, leasing of land, and approval of the change in land use purpose in accordance with the laws on land and other relevant laws.

Article 6. Implementation Organization

1. Responsibilities of the Provincial People's Council:

a) To be responsible before the law and before the Prime Minister for the implementation of the contents authorized by 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 Provincial People's Committee has submitted valid files in accordance with the provisions to the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development for examination to present to the Prime Minister for approval of the change in land use purpose for rice-growing land, protective forest land, special-use forest land as stipulated in Point a Clause 1 Article 58 of the Land Law before the Resolution of the National Assembly allowing pilot testing of certain special mechanisms and policies took effect, continue to implement in accordance with current land laws.

Article 8. Implementation clause

1. This Decision takes effect from the date of issuance. This Decision will be implemented until Decisions No. 35/2021/QH15, No. 36/2021/QH15, No. 37/2021/QH15, and No. 45/2022/QH15 cease to be effective.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Provincial People's Councils, and Chairmen of Provincial People's Committees who have been permitted by the National Assembly to pilot test certain special mechanisms and policies related to the change in land use purpose for protective forests, special-use forests, and rice-growing land for two or more crops and Heads of related units are responsible for implementing this Decision.

Model No. 01

Regarding the request for consideration of the Hai Thuong Lan Ong Award for Traditional Medicine Work
Regarding the change in land use purpose for rice-growing land for two or more crops with a scale under 500 hectares, special-use forest land, and upstream protective forest land under 50 hectares in the area ... to implement the project

Respectfully submitted to: Provincial People's Council ...

Based on the need to change the land use purpose for rice-growing land, protective forest land, and special-use forest land of districts/cities/districts/municipalities; the results of comparing suitability with land use plans and proposals of the Department of Natural Resources and Environment; the People's Committee of the central province/city ... respectfully requests the Provincial People's Council of the central province/city ... to consider and approve the change in land use purpose for rice-growing land, protective forest land, and special-use forest land to implement the project, specifically as follows:

1. Legal basis for submission to the Provincial People's Council...

Based on the provisions at ², the People's Committee of the central province/city ... respectfully requests the Provincial People's Council of the central province/city ... to issue a Resolution on the change in land use purpose for rice-growing land for two or more crops with a scale under 500 hectares, special-use forest land, and upstream protective forest land under 50 hectares in the area ...

1 Record the administrative unit where the land is located and write the name of the project using the land for rice-growing, protective forest, and special-use forest. 2 Clause 1 Article 4 Resolution No. 35/2021/QH15 dated November 13, 2021 of the National Assembly or Clause 2 Article 4 Resolution No. 36/2021/QH15 dated November 13, 2021 of the National Assembly, Clause 2 Article 4 Resolution No. 37/2021/QH15 dated November 13, 2021 of the National Assembly.

2. Situation of land use purpose change in the area

a) Total land use targets for rice-growing, special-use forest, and protective forest changed in purpose in the area according to approved land use plans and plans

b) Results of implementing the change in land use purpose for rice-growing, special-use forest, and protective forest

Achievements reached

(According to Tables 01, 02 attached to the Report)

Limitations and causes

3. Content for seeking opinions of the Provincial People's Council...

a) Proposal to change the land use purpose for rice-growing, protective forest, and special-use forest to implement the project.

Based on the proposal for changing the land use purpose

+ Need to change the land use purpose for rice-growing, protective forest, and special-use forest to implement the project.

+ Legal basis for changing the land use purpose for rice-growing, protective forest, and special-use forest.

+ Suitability of land use for the project in terms of location, area, and type of land according to approved land use plans and plans.

+ Suitability of land use for the project with planning of other sectors and fields.

Request for approval of the change in land use purpose

Specify sequentially and specifically for each type of land use purpose change.

Evaluate the results of implementation for each type of land compared to the approved targets and specifically for each type of land use purpose change.

Implementation location determined according to the land use plan and plan map at the district level...

After being approved by the Provincial/Municipal People's Council ..., the Provincial/Municipal People's Committee ... shall be responsible for organizing the implementation of the change in land use purpose in accordance with the provisions of the Law on Land.

b) Other contents (if any):

The Provincial/Municipal People's Committee ... shall submit to the Provincial/Municipal People's Council for consideration and decision.