Completion of legal provisions on the conversion of forest land used for other purposes in Vietnam

Completion of legal provisions on the conversion of forest land used for other purposes in Vietnam (Image from the internet)

On June 05, 2024, the Office of the Government of Vietnam issued Notice No. 254/TB-VPCP regarding conclusions of the Deputy Prime Minister at a meeting concerning the completion of legal provisions on forest land use conversion in accordance with Clause 5, Article 248 of the Land Law 2024 and the Forestry Law 2017.)

Completion of Legal Provisions on Forest Land Use Conversion On June 03, 2024, at the headquarters of the Government of Vietnam, the Deputy Prime Minister presided over a meeting concerning the completion of legal provisions on forest land use conversion as prescribed in Clause 5, Article 248 of the Land Law 2024 and the Forestry Law 2017. Attending the meeting were leaders of the Ministries of Agriculture and Rural Development, Justice, Planning and Investment, Finance, leaders of the Office of the Government of Vietnam, and representatives of the Ministries of Natural Resources and Environment, Construction, Transport, and Public Security. After hearing reports from the Office of the Government of Vietnam and comments from various ministries and central authorities at the meeting, Deputy Prime Minister Tran Luu Quang concluded and directed as follows:

(1) Report to the Government of Vietnam and the Prime Minister of the Government of Vietnam on the decision not to request the Standing Committee of the National Assembly to interpret Clause 5, Article 248 of the Land Law 2024 as recommended by the Ministry of Agriculture and Rural Development, and the Ministry of Natural Resources and Environment (the leading agency drafting the Land Law 2024); the Ministry of Agriculture and Rural Development is to report this in the proposal to the Government of Vietnam for the issuance of the decree amending and supplementing several articles of Decree No. 156/2018/ND-CP dated November 16, 2018, of the Government of Vietnam, which details the implementation of certain provisions of the Forestry Law 2017 as prescribed.

(2) The Ministry of Agriculture and Rural Development shall take the lead and cooperate with the Ministry of Natural Resources and Environment, the Ministry of Justice, the Office of the Government of Vietnam, and related agencies to review and finalize the draft decree amending and supplementing several articles of Decree No. 156/2018/ND-CP, ensuring progress, quality, procedures, and conformity with current regulations and within the proper authority of the Government of Vietnam, following directives from the leaders of the Government of Vietnam, and report to the Government of Vietnam, the Prime Minister of the Government of Vietnam before June 10, 2024, including:

- For the policy on converting forest land use for investment projects proposing such conversions under the jurisdiction of approval and decision-making by the National Assembly, the Prime Minister of the Government of Vietnam, and the provincial People's Councils as prescribed by the Public Investment Law 2019, the Investment Law 2020, the Public-Private Partnership (PPP) Law 2020, and the Petroleum Law 2022.

To align with the spirit of promoting decentralization directed by the Government of Vietnam and the Prime Minister of the Government of Vietnam during the drafting and issuance of the Land Law 2024 (wherein Clause 5, Article 248 has amended and supplemented Article 20 of the Forestry Law 2017):

+ Unify the integration of considering policy proposals for forest land use conversion during the approval and decision-making process for the investment policy of such projects (if the project proposes forest land use conversion);

+ Study and establish clear and specific regulations on: i) the composition of documents required for submission; ii) the agency soliciting assessment opinions, the reviewing authority, the content and timeline for providing assessment opinions, the responsibility of the authority reviewing the policy for forest land use conversion during the approval and decision-making process for project investment policy; iii) the method of expressing the forest land use conversion policy content for investment projects proposing forest land use conversion;

- Review and fully incorporate feedback from the Ministry of Justice, with specific regulations on the responsibility of implementation and transition clauses; ensure coverage of all possible cases that may arise requiring resolution, whereby the Ministry of Agriculture and Rural Development must complete the assessment and submit to the competent authority for decision-making on the policy for forest land use conversion for valid cases received before April 01, 2024, even if not yet submitted or approved by the competent authority.

- The Ministry of Agriculture and Rural Development should urgently submit a report to the Prime Minister of the Government of Vietnam to review and decide on the issuance of the decree amending and supplementing several articles of Decree No. 156/2018/ND-CP under the expedited procedure to promptly address legal gaps and resolve practical issues affecting the progress of investment projects involving forest use, especially public investment projects.

More details can be found in Notice No. 254/TB-VPCP issued on June 05, 2024.

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