Regulations on criteria and conditions for changing land use purposes under 2 hectares

Accordingly, the criteria and conditions for changing the purpose of use of less than 2 hectares for the above-mentioned land types must first of all be consistent with the district-level land use planning or general planning or zoning planning according to the provisions of the law on urban planning approved by competent authorities; the purpose of using natural forests must not be changed to other purposes, except for the following projects: important national projects; projects serving national defense and security; other urgent projects according to the criteria prescribed in Decree No. 91/2024/ND-CP dated July 18, 2024 of the Government amending and supplementing a number of articles of Decree No. 156/2018/ND-CP dated November 16, 2018 of the Government detailing the implementation of a number of articles of the Forestry Law.

In addition, there must be an investment decision in accordance with the provisions of the law on public investment or a decision approving the investment policy at the same time as approving the investor or a decision approving the investor in accordance with the provisions of the law on investment, the law on housing or a document approving the results of investor selection for investment projects under the public-private partnership method, except in cases where investment procedures are not required to be carried out in accordance with regulations.

Have a plan for replacement forestation approved by a competent state agency or a document completing the responsibility to pay for replacement forestation according to the provisions of the law on forestry.

There is a plan to use the topsoil layer according to the provisions of Clause 2, Article 10 of Decree No. 112/2024/ND-CP dated September 11, 2024 of the Government detailing regulations on rice-growing land. There is a preliminary environmental impact assessment or environmental impact assessment according to the provisions of the law on environmental protection.

According to regulations, the People's Committees at district and commune levels are responsible for determining the area and type of land that needs to be converted to other purposes. Relevant organizations and individuals who need to convert the purpose of using rice-growing land, protective forest land, special-use forest land, and production forest land to other purposes must comply with the provisions of law.

Source: https://baoquangnam.vn/quy-dinh-tieu-chi-dieu-kien-chuyen-muc-dich-su-dung-dat-duoi-2ha-3145021.html