Decision No. 23/2022/QĐ-TTg provides pilot regulations on the procedures and formalities for deciding to change the purpose of forest land use to other purposes within the authority delegated by the Prime Minister to the People's Council of Khanh Hoa Province pursuant to Resolution No. 55/2022/QH15 adopted by the XV National Assembly at its third session.

Pursuant to …;

Pilot regulations 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 Council of Khanh Hoa Province pursuant to Resolution No. 55/2022/QH15 adopted at the third session of the 15th National Assembly

On the basis of Law on Government Organization dated June 19, 2015; Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

On the basis of The Forest Law on November 15, 2017;

Pursuant to Resolution No. Resolution No. 55/2022/QH15 dated June 16, 2022 of the National Assembly on piloting certain special mechanisms and policies for developing Khanh Hoa Province;

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

The Prime Minister issues this Decision to provide pilot regulations 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 Council of Khanh Hoa Province pursuant to Resolution No. 55/2022/QH15 adopted at the third session of the 15th National Assembly.

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.

a) The Prime Minister delegates the People's Council of Khanh Hoa Province to implement the procedures and formalities for deciding the policy 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 1, Article 5 of Resolution No. 55/2022/QH15 dated June 16, 2022 of the 15th National Assembly on piloting certain special mechanisms and policies for developing Khanh Hoa Province.

b) For investment projects, public investment projects, and public-private partnership projects within the authority to approve investment proposals 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 Decision approving the investment proposal or the Decision approving the project, the Ministry of Planning and Investment (or the Inter-Ministerial Review Board or the main reviewing agency) shall seek the review opinion of the People's Committee of Khanh Hoa Province on the policy to change the purpose of forest land use to other purposes in accordance with the laws on forestry and the laws on investment, and submit it to the Prime Minister for approval of the investment proposal.

c) For the change of the purpose of natural forest land use to other purposes: to be implemented in accordance with Clause 2, Article 14 of the Forest Law, Decree No. 156/2018/NĐ-CP dated November 16, 2018 of the Government detailing certain provisions of the Forest Law, amended and supplemented by Decree No. 83/2020/NĐ-CP dated July 15, 2020 of the Government amending and supplementing certain provisions of Decree No. 156/2018/NĐ-CP dated November 16, 2018 of the Government.

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 in Vietnam, and foreign organizations and individuals related to activities changing the purpose of forest land use to other purposes in the territory of Khanh Hoa 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. Procedures and formalities for the People's Council of Khanh Hoa Province to decide 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) Original report proposing the investment project or preliminary feasibility study report attached with the review document of the competent state agency (for projects already approved by the competent state agency: Approval of investment proposal or investment registration certificate issued by the competent state agency in accordance with the Investment Law; decision on investment proposal or investment decision issued by the competent state agency in accordance with the Public Investment Law; investment permit or investment certificate issued by the competent state agency still valid);

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 the laws on investment;

d) Original explanatory report, current forest map (scale 1/2,000 for areas proposed to change the purpose of forest land use under 500 hectares, scale 1/5,000 for areas proposed to change the purpose of forest land use 500 hectares or more), results of forest survey in the area proposed to decide the policy to change the purpose of forest land use (forest area, forest volume), tree 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. If the documents are not compliant, within three working days from the date of receipt of the documents, the Department of Agriculture and Rural Development shall have the responsibility to guide directly or reply in writing to the organizations and individuals proposing to change the purpose of forest land use.

Within fifteen working days from the date of receiving complete compliant documents, the Department of Agriculture and Rural Development shall coordinate with the organizations and individuals who need to change the purpose of forest land use, the People's Committees of the districts and communes where the forests are located to carry out:

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) Seeking opinions from the forest owners and the local community. Content of seeking opinions: impact of changing the purpose of forest land use on the livelihoods of the forest owners, impact on the local community. Form of seeking opinions: directly or through meetings.

c) Within five working days from the end of seeking opinions from the forest owners and the local community, the Department of Agriculture and Rural Development shall report to the People's Committee of Khanh Hoa Province.

3. Within thirty working days from the date of receiving complete and valid documents, the People's Committee of Khanh Hoa Province shall organize the examination of the content to be approved for the proposal to change the purpose of forest land use to another purpose. The examination content 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 effectiveness; environmental impact assessment of the project according to laws on environmental protection, investment, and public investment; results of opinions solicited from forest owners and local communities where the forests are located.

4. Within ten working days from the date of obtaining the examination results, the People's Committee of Khanh Hoa Province shall compile and submit the proposal for approval of changing the purpose of forest land use to another purpose to the People's Council of Khanh Hoa Province for consideration and decision. The dossier includes: the report of the People's Committee of Khanh Hoa Province, the dossier specified in Clause 1 and Clause 3 of this Article, and other related documents (if any).

The report of the People's Committee of Khanh Hoa Province includes basic 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 effectiveness; degree of environmental impact of the project according to laws on environmental protection, investment, and public investment; results of opinions solicited from forest owners and local communities where the forests are located.

In case the examination results do not meet the conditions for submission to the People's Council of Khanh Hoa Province for decision on changing the purpose of forest land use to another purpose, within five working days from the date of examining the dossier, the People's Committee of Khanh Hoa Province shall reply in writing to the organization or individual proposing to change the purpose of forest land use to another purpose.

5. The People's Council of Khanh Hoa Province shall consider and decide on the proposal to change the purpose of forest land use to another purpose in accordance with the law and the operational rules of the People's Council of Khanh Hoa Province.

Article 4. Organization of Implementation

1. Responsibilities of the People's Council of Khanh Hoa Province

The People's Council of Khanh Hoa Province shall be responsible before the law and the Prime Minister regarding the implementation of the content authorized under this Decision.

2. Responsibilities of the People's Committee of Khanh Hoa Province

a) Within five working days from the date the People's Council of Khanh Hoa Province approves the proposal to change the purpose of forest land use to another purpose, send the Resolution to the Ministry of Agriculture and Rural Development and notify the organization or individual proposing to change the purpose of forest land use to another purpose.

b) Report annually on the implementation of this Decision, preliminary review every three years before July 31, 2025, and final review before March 15, 2027 to the Ministry of Agriculture and Rural Development for consolidation and reporting to the Prime Minister.

c) Report to the People's Council of Khanh Hoa Province on the examination opinions on the contents stipulated in Point b Clause 1 Article 1 of this Decision.

d) Publicly announce projects decided to change the purpose of forest land use to another purpose on the Khanh Hoa Province's electronic portal for relevant agencies and organizations to monitor the process of approval and implementation of the project.

3. Responsibilities of the Ministry of Agriculture and Rural Development

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

b) Report annually to the Prime Minister on the implementation of this Decision; preliminary review every three years, report to the Prime Minister in August 2025; final review and report to the Prime Minister in April 2027.

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. 55/2022/QH15 dated June 16, 2022 ceases to be effective.

2. Projects decided by the People's Council of Khanh Hoa Province to change the purpose of forest land use to another purpose according to this Decision, the People's Committee of Khanh Hoa Province must complete the decision to change the purpose of forest land use and the project proponent must complete the change of purpose of forest land use during the period when Resolution No. 55/2022/QH15 dated June 16, 2022 is effective.

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

Article 6. Transitional Provisions

For projects that have been submitted to the Ministry of Agriculture and Rural Development for dossier examination to propose changing the purpose of forest land use to another purpose within the Prime Minister's authority from August 1, 2022 to the date this Decision takes effect, the Ministry of Agriculture and Rural Development shall compile the progress of dossier examination and submit it to the People's Committee of Khanh Hoa Province to continue the examination, complete the examination results, and submit them to the People's Council for consideration and decision./.