On 16 June 2022, the National Assembly issued Resolution No. 55/2022/QH15 (“Resolution 55”) on trialling some mechanisms and policies exclusively on the development of Khanh Hoa. Relating to the land management, clause 1 Article 5 of the Resolution 55 presented a mechanism as follows: the People’s Council of Khanh Hoa, as authorized by the Prime Minister, decided on strategies to repurpose production forest areas under 1000 ha, which must be compliant with the national forestry planning, and other land-use plans approved by the competent authorities.
In order to deploy the aforementioned mechanism, on 18 November 2022, the Prime Minister introduced Decision No. 23/2022/QDD-TTg (“Decision 23”) on the trial implementation of procedures for deciding on the repurposing of forest lands under the competence of the People’s Council of Khanh Hoa authorized by the Prime Minister as stated in the Resolution 55.
Scope of authorization:
According to Decision 23, the People’s Council of Khanh Hoa is authorized to consider and decide on the following issues:
- Consider and decide on the repurposing strategy of forest lands in case of production forest with the land area from 50 ha to under 1000 ha.
- Give appraisal opinions on investment projects, public investment projects, PPP projects, under the competence of the Prime Minister, of which the repurposing of forest land area from 50 ha to under 1000 ha has been proposed before presenting to the Prime Minister for approval.
- Consider and determine on project for repurposing forest lands under the competence of the Prime Minister and has already been presented to the Ministry of Agriculture and Rural Development for assessment of the dossiers from 1 August, 2022 to 17 November, 2022. The Ministry shall summarize, finalize the assessment result and present to the People’s Council of Khanh Hoa province for consideration and determination.
The repurposing of forest lands in projects under the competence of the People’s Council of Khanh Hoa province pursuant to this Decision must be completed within the effective period of Resolution 55 (no later than 31 July 2022)[1].
Procedures for deciding the policy for repurposing forest lands of the People’s Council of Khanh Hoa under the authorization of the Prime Minister:
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Step |
Content |
Execution unit |
Duration |
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1 |
Submit 01 set of dossiers requesting for repurposing forest lands to the Ministry of Agriculture and Rural Development (the “MARD”). |
Organizations/ individuals (the “Applicant”). |
|
|
2 |
In case the dossiers are invalid, issue direct written instruction to the Applicant for amendment and supplementation of the dossiers. |
The MARD. |
Within 03 working days from the receipt date of the dossiers. |
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In case the dossiers are valid: + Publicly disclose the repurposing of forest lands at the commune People’s Committee where the forest land subject to the transfer is located at least 15 working days. + Collect feedbacks of the forest owners and the residential community where the forest is located. + Report to the People’s Committee of Khanh Hoa within 05 working days from the date of finishing feedback collection. |
The MARD. |
Within 15 working days from the receipt date of the valid dossiers. |
|
|
3 |
Assess the contents presented for approval of the policy for repurposing the forest lands. |
The People’s Committee of Khanh Hoa province. |
Within 30 working days from the receipt date of the valid dossiers. |
|
4 |
Summarize and present the assessment result to the People’s Council of Khanh Hoa. |
The People’s Committee of Khanh Hoa province. |
Within 10 working days from the issuance date of the assessment result. |
|
5 |
Consider and decide on the policy for repurposing the forest lands. |
The People’s Council of Khanh Hoa province. |
After receiving the report and relevant documents from The People’s Committee of Khanh Hoa province. |
Decision 23 has become effective since 18 November 2022 and shall be trially performed until the expiration date of Resolution 55 (31 July 2027).
[1] Article 10.1 of Resolution 55 regulated that: Resolution 55 shall be effective within 5 years from 1 August 2022.
Comment: