The Ministry of Natural Resources and Environment issued Official Dispatch 9967/BTNMT-QHPTTND in 2023 on organizing the implementation of Clause 9, Article 1 of Decree 10/2023/ND-CP.
The Ministry of Natural Resources and Environment said that in the process of implementing Decree No. 10/2023/ND-CP dated April 3, 2023 of the Government amending and supplementing a number of articles of the decrees guiding the implementation of the Land Law, a number of localities proposed to amend Clause 9, Article 1 of Decree No. 10/2023/ND-CP on the content of having a document completing the responsibility to pay money for protection and development of rice-growing land in cases of changing the purpose of using rice-growing land to other purposes.
The Ministry of Natural Resources and Environment has compiled local opinions to submit to the Government for consideration and amendment of the above regulations. "While Decree No. 10/2023/ND-CP dated April 3, 2023 of the Government has not been amended or supplemented, the Ministry of Natural Resources and Environment requests the People's Committees of provinces and centrally run cities to direct relevant local departments, branches and sectors to continue to properly implement the regulations on the content of having documents to complete the responsibility of paying money for the protection and development of rice-growing land as prescribed in Clause 9, Article 1 of Decree No. 10/2023/ND-CP of the Government", the Ministry of Natural Resources and Environment proposed.
The Ministry of Natural Resources and Environment also proposed to ensure speeding up the consideration and approval of changing the purpose of using rice-growing land, protective forest land, and special-use forest land to other purposes to implement investment projects, remove difficulties and obstacles, and contribute to promoting the disbursement of public investment capital and socio-economic development.
The Ministry of Natural Resources and Environment respectfully requests the People's Committees of provinces and centrally-run cities to pay attention to directing and organizing the implementation.
The content of Clause 9, Article 1 of Decree 10/2023/ND-CP is as follows:
“Article 68a. Conditions and criteria for allowing the conversion of rice-growing land, protective forest land, and special-use forest land to other purposes to implement investment projects
1. Have an investment project approved in principle or granted an investment registration certificate in accordance with the provisions of investment law.
2. In accordance with the district-level land use planning, the investment project is included in the list of annual district-level land use plans approved in accordance with the provisions of law.
3. Have a plan for alternative forest planting or a document completing the responsibility to pay for alternative forest planting according to the provisions of the law on forestry in cases of changing the purpose of using protective forest land or special-use forest land to other purposes; have a plan for using the topsoil layer and a document completing the responsibility to pay for protecting and developing rice-growing land according to the provisions of the law on cultivation in cases of changing the purpose of using rice-growing land to other purposes.
4. Have a preliminary environmental impact assessment, environmental impact assessment according to regulations of law on environmental protection (if any).
5. The competent authority or person appraising and approving the policy of changing the purpose of use of protective forest land, special-use forest land, and rice-growing land to other purposes shall only be responsible for the contents in Clauses 2 and 3 of this Article; and shall not be responsible for other contents that have been appraised, approved, decided, ratified or resolved by the competent authority or person before.
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