Decision No. 14/2022/QĐ-TTg provides a pilot on the procedures and formalities for deciding the policy to change the purpose of forest land use to other purposes within the authority delegated by the Prime Minister to the People's Councils of Thanh Hoa and Nghe An Provinces as approved by the National Assembly at its second session.

Pursuant to …;
Pilot regulations on the procedures and formalities for deciding policies to change the purpose of forest land use to other purposes within the authority delegated by the Prime Minister to the People's Councils of Thanh Hoa Province and Nghe An Province
changing the purpose of forest land to another purpose within the jurisdiction
delegated by the Prime Minister to the People's Council of Thanh Hoa Province,
pursuant to the Resolutions passed by the National Assembly at its second session of the XVth term
at the second session

Pursuant to the Law on the Organization of the Government dated June 19, 2015; the Law amending and supplementing certain articles of the Law on the Organization of the Government and the Law on the Organization of the Partynăng quyềndated November 22, 2019;

Pursuant to the Forestry Law dated November 15, 2017;

Pursuant to Resolution No. 36/2021/QH15 dated November 13, 2021 of the National Assembly on piloting certain special mechanisms and policies for the development of Nghe An Provinceheld on November 13, 2021, of the National Assembly regarding the pilot implementation of certain mechanismsand Resolution No. 37/2021/QH15 dated November 13, 2021 of the National Assembly on piloting certain special mechanisms and policies for the development of Thanh Hoa ProvinceThe Prime Minister issues this Decision to provide pilot regulations on the procedures and formalities for deciding policies to change the purpose of forest land use to other purposes within the authority delegated by the Prime Minister to the People's Councils of Thanh Hoa Province and Nghe An Province at the Resolutions passed by the National Assembly at its second session of the XVth term certain mechanismsand special policies for the development of Thanh Hoa Province;

At the proposal of the Minister of Agriculture and Rural Development;

a) The Prime Minister delegates to the People's Councils of Thanh Hoa Province and Nghe An Province the implementation of the procedures and formalities for deciding policies to change the purpose of forest land use to other purposes for production forests from 50 hectares to less than 1,000 hectares as stipulated in Clause 2, Article 4 of Resolution No. 36/2021/QH15 dated November 13, 2021 of the National Assembly on piloting certain special mechanisms and policies for the development of Nghe An Province and Clause 2, Article 4 of Resolution No. 37/2021/QH15 dated November 13, 2021 of the National Assembly on piloting certain special mechanisms and policies for the development of Thanh Hoa Province b) For investment projects, public investment projects, and public-private partnership investment projects within the authority to approve investment policies of the Prime Minister that propose changing the purpose of forest land use to other purposes as provided in point a of this clause, the policy to change the purpose of forest land use is part of the approval of the investment policy for the project. The Ministry of Planning and Investment (or the Inter-Ministerial Appraisal Board or the leading appraisal agency reviewing the feasibility study report) shall seek opinions from the People's Committees of Thanh Hoa Province and Nghe An Province on the policy to change the purpose of forest land use to other purposes in accordance with the laws on forestry, consolidate and submit to the Prime Minister for approval of the investment policy for the projectc) For the change of the purpose of natural forest land use to other purposes: implement in accordance with Clause 2, Article 14 of the Forestry Law, and Decree No. 83/2020/ND-CP dated July 15, 2020 of the Government amending and supplementing certain articles of Decree No. 156/2018/ND-CP dated November 16, 2018 detailing the implementation of certain provisions of the Forestry Law

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Decision applies to state agencies, organizations, households, individuals, community residents within the country, and foreign organizations and individuals related to activities changing the purpose of forest land use to other purposes in the territory of Thanh Hoa Province and Nghe An Province

b) For investment projects, public investment projects, and public-private partnership investment projects within the jurisdiction of the Prime Minister's approval of the investment orientation, where there is a proposal to change the purpose of forest land to another purpose as stipulated in point a of this clause, the decision to change the purpose of forest land is part of the approval of the investment orientation of the project. The Ministry of Planning and Investment (or the Inter-Ministerial Appraisal Board or the leading appraisal agency reviewing the preliminary feasibility study report) shall seek opinions from the People's Committee of Thanh Hoa Province and the People's Committee of Nghe An Province on the decision to change the purpose of forest land according to the laws on forestry, compile and submit to the Prime Minister for approval of the investment orientation of the project.

c) For the conversion of natural forest land to another purpose: it shall be implemented in accordance with Article 14, Clause 2 of the Forestry Law, and Decree No. 83/2020/NĐ-CP dated July 15, 2020 of the Government amending and supplementing some articles of Decree No. 156/2018/NĐ-CP dated November 16, 2018 detailing the implementation of certain provisions of the Forestry Law.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

This Decision applies to state agencies, organizations, households, individuals, community residents within the country, and foreign organizations and individuals related to the activity of changing the purpose of forest land to another purpose in the territory of Thanh Hoa Province and Nghe An Province.

Article 2. Principles

Changing the purpose of forest land use to other purposes must comply with the principles and conditions prescribed by the laws on forestry, the laws on land, and relevant laws.

Article 3. The procedure and formalities for the People's Council of Thanh Hoa Province and the People's Council of Nghe An Province to decide on the policy to change the purpose of forest land use to other purposes under the delegation of the Prime Minister.

1. Organizations and individuals proposing to change the purpose of forest land use to other purposes shall directly submit or send through postal services or electronic environment one set of documents to the Department of Agriculture and Rural Development. The documents include:

a) Original document requesting to change the purpose of forest land use to other purposes;

b) The original report proposing the investment project or the feasibility study report accompanied by the assessment document of the competent state agency (for projects that have been approved by the competent state agency for investment orientation or investment decision: Investment orientation approval or investment registration certificate of the competent state agency according to the Investment Law; investment orientation decision or investment decision of the competent state agency according to the Public Investment Law; valid investment permit or investment certificate issued by the competent state agency).

c) Environmental impact assessment documents of the project including one of the following: Original preliminary environmental impact assessment report or environmental impact assessment report or copy of environmental permit or environmental registration according to the laws on environmental protection and investment.

d) The original explanatory report, current forest map (scale 1/2,000 for areas less than 500 hectares proposed to change the purpose of forest land use, scale 1/5,000 for areas of 500 hectares or more proposed to change the purpose of forest land use), investigation results of the forest area proposed to change the purpose of forest land use (forest area, forest volume), planted species.

In cases where the documents are submitted through the electronic environment, the form of the documents shall be carried out in accordance with the laws on administrative procedures in the electronic environment.

2. In case the documents are not valid, within three working days from the date of receiving the documents, the Department of Agriculture and Rural Development shall be responsible for guiding directly or responding in writing to organizations and individuals proposing to change the purpose of forest land use.

Within fifteen working days from the date of receiving complete valid documents, the Department of Agriculture and Rural Development shall coordinate with organizations and individuals requesting to change the purpose of forest land use, the People's Committee of the district and commune where the forest is located to perform:

a) Publicly posting the information about changing the purpose of forest land use at the headquarters of the commune People's Committee where the forest is proposed to be changed, the posting period being at least fifteen working days;

b) Solicit opinions from the forest owners and local communities. Content of soliciting opinions: impact of changing the purpose of forest land use on the life of forest owners, impact on the local community. Methods of soliciting opinions include direct meetings or through meetings.

c) Within five working days from the end of soliciting opinions from forest owners and local communities, the Department of Agriculture and Rural Development shall report to the People's Committee of the province.

3. Within thirty working days from the date of receiving complete valid documents, the People's Committee of the province shall organize the review of the content to be submitted for approval of the policy to change the purpose of forest land use to other purposes. The content of the review includes:

a) Legal basis;

b) Components and contents of the dossier;

c) The necessity of investment in the project;

d) Location (plot, section, sub-section, administrative name), results of forest investigation (forest area, forest stock), types of planted trees;

đ) Compliance with relevant legal regulations;

e) Consistency with land use planning, national forestry planning as prescribed by law;

g) Economic and social benefits; environmental impact assessment of the project according to the laws on environmental protection, investment, and public investment; results of soliciting opinions from forest owners and local communities.

4. Within ten working days from the date of completing the review, the People's Committee of the province shall compile and submit to the People's Council of the province for consideration and decision on the policy to change the purpose of forest land use to other purposes. The documents include: the proposal of the People's Committee of the province, the documents specified in Clause 1 and Clause 3 of this Article, and other related documents (if any).

The proposal of the People's Committee of the province includes the following main contents:

a) General information about the project;

b) The necessity of investment in the project;

c) Location (plot, section, sub-section, administrative name), results of forest investigation (forest area, forest stock); types of planted trees;

d) Compliance with relevant legal regulations;

đ) Consistency with land use planning, national forestry planning as prescribed by law;

e) Economic and social benefits; degree of environmental impact of the project according to the laws on environmental protection, investment, and public investment; results of soliciting opinions from forest owners and local communities.

In case the review results do not meet the conditions to be submitted to the People's Council of the province for decision on the policy to change the purpose of forest land use to other purposes, within five working days from the date of reviewing the documents, the People's Committee of the province shall respond in writing to organizations and individuals proposing to change the purpose of forest land use to other purposes.

5. The People's Council of the province shall consider and decide on the policy to change the purpose of forest land use to other purposes according to the law and the operating regulations of the People's Council of the province.

Article 4. Organization of Implementation

1. Responsibilities of the People's Council of Thanh Hoa Province, the People's Council of Nghe An Province

The People's Council of Thanh Hoa Province and the People's Council of Nghe An Province shall be responsible before the law and the Prime Minister regarding the implementation of the content delegated according to this Decision.

2. Responsibilities of the People's Committee of Thanh Hoa Province, the People's Committee of Nghe An Province

a) Within five working days from the date the People's Council of the province approves the policy to change the purpose of forest land use to other purposes, send the Resolution to the Ministry of Agriculture and Rural Development and notify organizations and individuals proposing to change the purpose of forest land use to other purposes.

b) Report annually on the implementation of this Decision, mid-term review every three years before May 31, 2024, and final review before May 31, 2026 to the Ministry of Agriculture and Rural Development for consolidation and reporting to the Prime Minister.

c) Report to the People's Council of the province on the review comments on the contents stipulated in Point b Clause 1 Article 1 of this Decision.

3. Responsibilities of the Ministry of Agriculture and Rural Development

a) Take the lead, coordinate with the Ministry of Natural Resources and Environment and relevant agencies to guide and inspect the implementation of this Decision, promptly report to the Prime Minister any difficulties and obstacles.

b) Report annually to the Prime Minister on the implementation of this Decision; mid-term review every three years, report to the Prime Minister in June 2024; final review and report to the Prime Minister in June 2026.

4. Ministries and sectors within their respective functions and powers shall cooperate with the Ministry of Agriculture and Rural Development to inspect and supervise the implementation of this Decision.

Article 5. Implementation Provisions

1. This Decision takes effect from the date of issuance and will be piloted until the Resolution No. 36/2021/QH15 dated November 13, 2021 and Resolution No. 37/2021/QH15 dated November 13, 2021 cease to be effective.

2. The provincial People's Council of Thanh Hoa Province and the provincial People's Council of Nghe An Province decide to change the purpose of forest land use to another purpose according to this Decision, the People's Committee of Thanh Hoa Province and the People's Committee of Nghe An Province must complete the decision on changing the purpose of forest land use, and the project proponent must complete the change of purpose of forest land use within the time limit specified in Resolution No. 36/2021/QH15 dated November 13, 2021 and Resolution No. 37/2021/QH15 dated November 13, 2021 come into effect.

3. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, the provincial People's Council of Thanh Hoa Province, the provincial People's Council of Nghe An Province, the Chairman of the People's Committee of Thanh Hoa Province, the Chairman of the People's Committee of Nghe An Province, and related agencies, organizations, and individuals are responsible for implementing this Decision.

Article 6. Transitional Provisions

For projects that have submitted their files for review by the Ministry of Agriculture and Rural Development before January 1, 2022, they shall continue to be implemented in accordance with current laws.