📋 Tender Overview
According to Point a, Clause 1, Article 112 of Decree 102/2024/ND-CP, for the area of ??rice-growing land, protective forest land, and special-use forest land that has been approved in writing by the Prime Minister before August 1, 2024 or approved by the Resolution of the Provincial People's Council for use for other purposes but has not yet had a decision to recover land, allocate land, lease land, or permit the change of land use purpose to implement the project, it can be transferred to implementation in the following years but not exceeding a period of 3 years and does not have to re-do the procedures for submission to the Provincial People's Council for approval according to the provisions of Clause 1, Article 122 of the Land Law if the project continues to be implemented.
Mr. Phuc requested the competent authority to answer the following two questions:
(1) In the case where there is a Resolution of the Provincial People's Council approved for use for other purposes before August 1, 2024 but there is no decision to recover land, allocate land, lease land, or allow change of land use purpose to implement the project, the transfer to implementation in the following years but not exceeding 3 years is calculated from August 1, 2024 or calculated from the effective date of the Resolution of the Provincial People's Council?
(2) In cases where there has been a Resolution of the Provincial People's Council approved for use for other purposes before August 1, 2024, and there has been a decision to reclaim land but it is not complete (for example, there has been a decision to reclaim 60/100 plots of land), can Point b, Clause 1, Article 112 of Decree No. 102/2024/ND-CP be applied or according to what regulations?
The Ministry of Natural Resources and Environment responded to this issue as follows:
At Point a, Clause 1, Article 112 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law stipulates:
"Article 112. Transitional provisions
1. Transitional regulations on land allocation, land lease, and permission to change land use purposes
a) For the area of ??rice-growing land, protective forest land, and special-use forest land that has been approved in writing by the Prime Minister before August 1, 2024 or approved by the Resolution of the Provincial People's Council for use for other purposes but has not yet had a decision to recover land, allocate land, lease land, or permit change of land use purpose for project implementation, it can be transferred to implementation in the following years but not exceeding a period of 03 years and does not have to re-do the procedures for submission to the Provincial People's Council for approval according to the provisions of Clause 1, Article 122 of the Land Law if the project continues to be implemented;".
Thus, in cases where there has been a Resolution of the Provincial People's Council approved for use for other purposes before August 1, 2024 but there has not been a decision to recover land, allocate land, lease land, or allow change of land use purpose to implement the project, it will be transferred to implementation in the following years but not exceeding the 3-year period as prescribed in Point a, Clause 1, Article 112 of Decree No. 102/2024/ND-CP.
Clause 1, Article 122 of the 2024 Land Law stipulates:
"Article 122. Conditions for land allocation, land lease, and permission to change land use purpose
1. Competent state agencies may only decide to allocate land, lease land, or permit the conversion of rice-growing land, special-use forest land, protective forest land, or production forest land to other purposes after a Resolution of the Provincial People's Council is issued and the grounds specified in Article 116 of this Law are met, except for cases of land use for project implementation under the authority of the National Assembly or the Prime Minister to approve and decide on investment policies in accordance with the provisions of the Investment Law, the Public Investment Law, the Law on Investment under the Public-Private Partnership, and the Petroleum Law; the Provincial People's Council shall approve and decide on investment policies in accordance with the provisions of the Public Investment Law and the Law on Investment under the Public-Private Partnership.
The conversion of rice-growing land, special-use forest land, protective forest land, and production forest land to other purposes must comply with the criteria and conditions prescribed by the Government.
Therefore, for the area where there is no land recovery decision, it shall be implemented according to Clause 1, Article 122 of the 2024 Land Law.
We recommend that you study the provisions of the land law. If you are unclear, contact the local natural resources and environment agency for guidance.
