📋 Tender Overview
Ms. Pham Thi Vans company (Bac Ninh) is an investor implementing a wood and wood products factory project and was decided to approve the investment policy and approved the investor by the Provincial Peoples Committee. The company is carrying out procedures to apply for land lease with an estimated area of 2.0 hectares to implement the project. The total area of land proposed to be leased by the company is production forest land. Currently, the area for implementing the above project has been planned for non-agricultural production land based on Decision No. 219/QD-TTg dated February 17, 2022 of the Prime Minister on approving the planning of Bac Giang province (old) for the period 2021-2030, with a vision to 2050, no longer planned for production forest land. Information on forest land plots under the project is as follows: The origin of formation is all Planted forests and forest uses are all production forests. After the company received the transfer of land use rights of individual households and assets on the land, the households have completed exploiting the crops. Currently, it is an empty forest, not yet meeting the criteria to become a forest, and has no reserves. Ms. Van asked, does the change of use purpose of production forest land to land for non-agricultural production and business establishments have to be submitted to the Provincial Peoples Council for approval? Does the company apply according to Clause 3, Article 4 of Resolution No. 254/2025/QH15 or not? Does the company have to carry out procedures to request a policy to change the forest use purpose to another purpose? If it is necessary to apply for a policy to change the forest use purpose to another purpose, Ms. Van requests the competent authority to guide the procedures for changing the forest use purpose and guide the procedure for paying money for planting replacement forests within the scope of project implementation, clearly stating the legal basis for the company to have a basis to complete the land lease application. Ministry of Agriculture and Environment responded to this issue as follows: On December 11, 2025, at the 10th Session of the Decision: The person has the authority to decide on land allocation, land lease, and permission to change the use purpose of rice cultivation land, special-use forest land, protective forest land, and production forest land to other purposes without having to submit it to the Provincial Peoples Council for approval. On January 31, 2026, the Government issued Decree No. 49/2026/ND-CP detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly, in which, Clause 1, Article 14, Clause 1, Article 15 of the Decree stipulates: Provincial Peoples Committees have the authority to decide on land recovery, compensation, support, and resettlement. resettlement, land allocation, land lease, permission to change land use purpose, ... and decide on decentralization and authorization for competent agencies and persons to implement accordingly; regulate the order and administrative procedures for land in the locality, including the order and procedures for allowing change of land use purpose. Therefore, we recommend that you contact the local land management agency for guidance and to handle land leasing procedures according to your authority.Chinhphu.vnSee moreDoes the project have forest, change the purpose first or recover first?See moreHow to determine whether land is to be changed to a different use purpose?See moreConditions and procedures for changing the purpose of leased land See moreCan land that has been planned for a market still be changed to a different use purpose?See more moreCan land under multiple plans be changed to a different use purpose?See moreChanging the purpose of land for project implementation does not have to be submitted to the Provincial Peoples CouncilSee moreClarifying the authority to allow change of land use purpose
