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Hoang Khanh Hungs company (Quang Ngai) is implementing a new urban area project in case the state recovers land according to the provisions of Clause 27, Article 79 of the Land Law. The project has to change the purpose of using production forests, the origin of which is planted forests. The Provincial Peoples Council has approved the policy of changing the forest use purpose, Mr. Hungs company has paid money to plant replacement forests. Mr. Hung asked, is the issuance of a decision to change the forest use purpose first or is the forest recovery done first in accordance with the law? If your company wants to keep some forest trees for landscaping, is that in accordance with the law? If so, what is the procedure? The Ministry of Agriculture and Environment answers this issue as follows: Regarding forest recovery, comply with the provisions of the Law on Forestry, in which Point g, Clause 1, Article 22 stipulates that the State recovers forests for: Other cases of forest land recovery according to the provisions of the Land Law. Regarding conversion of forest use purposes to other purposes, comply with regulations on principles, bases, conditions, and authority for converting forest use purposes to other purposes. Other purposes in Articles 14, 15, 19, 20, 23 of the Law on Forestry, amended and supplemented in Article 8 of Law No. 146/2025/QH15 amending and supplementing a number of articles of 15 Laws in the field of agriculture and environment. Regulations on dossiers, order and procedures for converting forests to other purposes comply with the provisions of Articles 41 and 42 of the Decree. Decree No. 156/2018/ND-CP of the Government is amended and supplemented in Articles 17 and 20 of Decree No. 42/2026/ND-CP dated January 26, 2026 of the Government. Pursuant to the regulations on changing forest use purposes to other purposes mentioned above, when the project meets the conditions and meets the principles, grounds and criteria for determining the project, the forest use purpose can be changed to other purposes. For other purposes and there are enough documents to change the forest use purpose according to regulations, it is possible to carry out the order and procedures to submit to the competent authority to decide to change the forest use purpose to another purpose (forestry law does not stipulate the implementation of the order and procedures to decide to change the forest use purpose to another purpose before or after the order and procedures for forest recovery). The project needs to clarify the proposal to retain forest trees to create environmental landscape, while proposing to change the purpose of forest use. forest use purpose to another purpose on the same area. Thus, there is a contradiction when proposing to change the forest use purpose to another purpose of the project. Therefore, it is necessary to clarify the proposal to change the forest use purpose to another purpose of the project.Chinhphu.vnRefer moreWhat mechanism compensates for growth when the locality has to keep forest land and rice land?See moreAwakening the potential of forest hills - Upland economy prospersSee moreRegulations on temporary use of forests to construct urgent projectsSee moreConditions for changing the use purpose of rice land and forest land to implement projectsReference moreDa Nang: Converting dozens of hectares of planted forest land to implement projects
