The government has outlined criteria and conditions for converting the purpose of rice land, protective forests, special-use forests, and production forests into other uses.
Accordingly, the criteria and conditions for converting an area of 02 hectares or more of rice land, protective forests, special-use forests, and production forests into other uses include:
1. Have a plan for alternative forest planting or a document confirming the completion of the responsibility to pay for alternative forest planting in accordance with the law on forestry;
2. Have a plan for using the topsoil in accordance with the law on cultivation;
3. Have an initial environmental impact assessment or an environmental impact assessment in accordance with the law on environmental protection.
The decree states that the People’s Committee at the provincial level shall, based on the actual situation in the locality, stipulate specific criteria and conditions for converting rice land, protective forests, special-use forests, and production forests into other uses to ensure efficient land use that meets the requirements of food security and environmental protection in the province for cases not mentioned above.
Land Allocation and Lease for Small, Enclave State-Managed Land Parcels
According to the decree, small, enclave state-managed land parcels that are allocated or leased in accordance with this decree must meet the following criteria:
1. Belong to the land fund that has been recovered by a decision of a competent state agency, or land that has not yet been allocated or leased, or land that is being allocated for management as stipulated in point d of Clause 1 and Clause 2, Article 7 of the Land Law;
2. Do not meet the conditions and minimum area requirements for land division as prescribed by the People’s Committee at the provincial level;
3. Conform with the approved district-level land use planning or the approved master plan or subdivision planning in accordance with the law on urban planning, or detailed construction planning for urban areas, construction planning for new rural residential areas, and construction planning for communes in new rural areas;
4. Do not belong to the area of land for projects and works that have been determined in the approved and publicly announced land use planning and plan;
5. The land to be allocated or leased is not subject to any disputes, complaints, or violations, or if there are disputes, complaints, or violations, they must be resolved in accordance with the law.
Principles of Land Allocation and Lease for Small, Enclave Land Parcels
The decree states that priority shall be given to using small, enclave state-managed land parcels for public purposes. If they cannot be used for public purposes, they shall be allocated with land use levies or leased to adjacent land users.
In cases where there are two or more adjacent land users who wish to use the small, enclave land parcel, the competent authority for land allocation or lease shall make a decision based on the planning and actual conditions of land use of the adjacent land users.
Land allocation and leasing for small, enclave land parcels to adjacent land users shall be carried out after the People’s Committees at all levels have organized inspections, made public announcements, and collected opinions from the people in the area where the land is located.
Land allocation and leasing for small, enclave land parcels shall be based on the application of adjacent land users and must be carried out in a transparent and democratic manner.
After being allocated or leased by the state, adjacent land users must consolidate the land parcels in accordance with regulations.
The rights of adjacent land users must be guaranteed in accordance with the law on land and civil law, and there must be no land-related disputes, complaints, or lawsuits.
Land Use Duration
The decree stipulates that the duration of land use when the state allocates or leases small, enclave land parcels to adjacent land users shall be determined in accordance with the duration of the land parcel that the adjacent land user is currently using. In cases where the allocation or lease of small, enclave land parcels is associated with a change in the purpose of the adjacent land parcel, the duration of land use shall be determined in accordance with Articles 171 and 172 of the Land Law.
The People’s Committee at the provincial level shall stipulate specific procedures for inspecting, publicly announcing, and establishing a list of small, enclave land parcels, as well as for allocating and leasing such land parcels in the locality.
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