Based on the provisions of Article 19 of the 2017 Forestry Law, one of the conditions for changing the purpose of forest land to another purpose is that it must be in line with national-level forestry planning and land use planning. Additionally, according to Resolution 61/2022/QH15 and Resolution 131/NQ-CP, protection and development forest planning, as well as provincial-level planning for three types of forests, approved by competent authorities before January 1, 2019, will continue to be implemented, extending until national forestry planning or provincial planning is approved.
However, in practice, many localities still do not have their provincial-level planning approved, but forest protection and development planning and planning for the three types of forests have expired, causing difficulties for businesses operating in these areas when attempting to change the purpose of forest land for other projects.
Therefore, on August 31, 2023, the Government issued Resolution 139/NQ-CP, which specifies several solutions to resolve difficulties and obstacles in the process of changing the purpose of forest land to serve essential projects for economic, social development, national defense, and security ("Resolution 139").
According to Resolution 139, for localities that have not had their provincial-level planning approved for the period 2021-2030 by competent authorities, forest protection and development planning or provincial planning for three types of forests will continue to be implemented, extended, and adjusted by the provisions of relevant laws before the effective date of the Planning Law, until national forestry planning or provincial planning for the period 2021-2030 is decided or approved.
The aforementioned planning types are established and approved following the procedures and formalities of which legal documents, and when adjusting their content and extending their duration, follow the procedures for adjusting provisions in the relevant legal documents or amendments and supplements issued by competent authorities before the effective date of the Planning Law.
Resolution 139 takes effect from August 31, 2023, and will be implemented until national forestry planning or provincial planning for the period 2021-2030 under the Planning Law is decided or approved by competent authorities.
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