The Prime Minister has just issued Decision 10/2022/QD-TTg stipulating the order and procedures for approving the change of land use purpose for wet rice cultivation from 02 crops or more with an area of less than 500 hectares; land of special-use forests and watershed protection forests of less than 50 hectares in 4 provinces and cities: Hai Phong, Nghe An, Thanh Hoa and Can Tho.
Article table of contents
Procedures for changing the use purpose of rice and forest land in 4 provinces and cities (Illustration image)
Accordingly, the conditions and procedures for changing the use purpose of rice and forest land are prescribed as follows:
1. Conditions for approval of change of land use purpose for implementation of investment projects
- An investment project that needs to change the land use purpose in one of the following cases:
+ Change the purpose of using land for wet rice cultivation from 02 crops or more with an area of less than 500 hectares in Hai Phong city as prescribed in Clause 1, Article 4 of Resolution 35/2021/QH15 ;
+ Change the purpose of using land for wet rice cultivation from 02 crops or more with an area of less than 500 hectares; special-use forest land, watershed protection forest land of less than 50 hectares in Nghe An province specified in Clause 2, Article 4 of Resolution 36/2021/QH15 ;
+ Change the purpose of using land for wet rice cultivation from 02 crops or more with an area of less than 500 hectares; special-use forest land and watershed protection forest land of less than 50 hectares in Thanh Hoa province specified in Clause 2, Article 4 of Resolution 37/2021/QH15 ;
+ Change the purpose of using land for wet rice cultivation from 02 crops or more with an area of less than 500 hectares in the area of Can Tho city as prescribed in Clause 1, Article 4 of Resolution 45/2022/QH15 .
- Conform to master plans and plans on land use decided and approved by competent authorities and other relevant plannings in accordance with law.
- The investment has been approved according to the provisions of law but the written approval is still valid until the time of proposal;
For projects subject to land recovery according to the provisions of Clause 3, Article 62 of the Land Law , they must be approved by the People's Council of the province.
- Having an alternative afforestation plan and ensuring that the replacement afforestation budget is determined in the total investment of the project, for projects that change forest use purposes according to the provisions of the forestry or cultural law. A copy of the payment of payment for replacement afforestation or the plan to use the topsoil in accordance with the law on cultivation.
2. Order and procedures for changing the use purpose of rice land and forest land
(1) Based on the conditions mentioned in Section 1, the investor or project owner wishing to change the land use purpose shall register the need for land use at the People's Committee of the district where the project is implemented.
The district-level People's Committees are responsible for summarizing and submitting to the Department of Natural Resources and Environment for carrying out the procedures for changing land use purposes.
In case the project is implemented in the area of 02 districts or more, the investor or investor shall register directly with the Department of Natural Resources and Environment where the project is implemented.
(2) Within 15 days from the date of receipt of complete and valid dossiers to carry out the procedures for changing land use purpose, the Department of Natural Resources and Environment shall coordinate with organizations wishing to use land and the People's Committees to grant land use purposes. The district or commune level where the land is located shall collect opinions according to the following provisions:
- Contents of consultation include:
+ Location and scale of land use of the investment project;
+ Effects on people whose land is recovered (life, employment, job change);
+ Impact of land use change on residential communities.
- Form of opinion collection:
+ Collect opinions directly from people whose land is recovered and the population community through representatives of residential areas, the Vietnam Fatherland Front and mass organizations in the locality where the land is repurposed;
+ Collect written opinions from relevant departments and branches, and the People's Committees of districts and communes where the land is repurposed.
- Within 15 days from the date of completion of the consultation, the Department of Natural Resources and Environment is responsible for coordinating with organizations wishing to use land and the People's Committee of the district where the land is located to summarize, explain, receive opinions and make a dossier of request for approval of the change of land use purpose and submit it to the People's Committee of the province.
Note: In case the dossier is invalid, within 03 days from the date of receipt of the dossier, the Department of Natural Resources and Environment shall reply in writing to the organization or individual requesting the change of land use purpose.
(3) Within no more than 10 days from the day on which the valid application is received, the People's Committee of the province shall organize the appraisal of the change of land use purpose.
In case the dossier is invalid, within no more than 02 days from the date of receipt of the dossier, the People's Committee of the province is responsible for notifying the Department of Natural Resources and Environment.
(4) Provincial People's Committee submits to Provincial People's Council for approval of change of land use purpose
Provincial-level People's Councils consider and decide to approve the change of land use purpose according to the working regulations of the provincial-level People's Councils.
After obtaining written approval from the People's Council of the province, the People's Committee of the province shall consider and decide on land allocation, land lease, and permission to change the land use purpose according to the provisions of the land law and the law. other relevant.
Decision 10/2022/QD-TTg takes effect from April 6, 2022 and is implemented until Resolutions 35/2021/QH15 , 36/2021/QH15 , 37/2021/QH15 and 45/2022 /QH15 expires.
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