Conditions for changing rice land use purposes
Accordingly, the criteria and conditions for changing the use purpose of 2 hectares or more of rice cultivation land, protective forest land, special-use forest land, and production forest land to other purposes include:
Have a replacement afforestation plan or a document fulfilling the responsibility to pay for replacement afforestation according to the provisions of forestry law;
Have a plan to use the topsoil in accordance with the law on cultivation;
There is a preliminary environmental impact assessment or environmental impact assessment according to the provisions of law on environmental protection.
The Decree clearly states that the Provincial People's Committee, based on the actual situation of the locality, will stipulate specific criteria and conditions for changing the use purpose of rice cultivation land, protective forest land, and special-use forest land. , production forest land to other purposes to ensure economical and effective land use to meet the requirements of ensuring food security and environmental protection in the province for cases not falling under the above regulations.
Land allocation and land lease for small, narrow plots of land managed by the State
According to the Decree, small, narrow plots of land managed by the State that are allocated or leased land according to this regulation must meet the following criteria:
Belonging to the land fund recovered according to the decision of a competent state agency, unallocated land, unleased land or land under management as prescribed in Point d, Clause 1 and Clause 2, Article 7 of the Land Law;
Not meeting the conditions and minimum area of land division according to regulations of the Provincial People's Committee;
In accordance with district-level land use planning or general planning or zoning planning approved according to the provisions of law on urban planning or detailed urban construction planning, residential area construction planning rural areas, new rural commune construction planning has been approved by competent authorities;
Not belonging to the land area for implementing projects and works that have been identified in land use planning and plans approved and publicly announced by competent authorities;
The land expected to be allocated or leased has no disputes, complaints, or violations, or has disputes, complaints, or violations but has been resolved in writing according to the provisions of law.
Principles of land allocation and land lease for small, narrow and interspersed plots of land
The Decree clearly states that priority is given to the use of small, narrow plots of land managed by the State for public purposes. In case it cannot be used for public purposes, the land will be allocated with collection of land use fees and land lease to adjacent land users.
In case the land plot has two or more adjacent land users who need to use the small, narrow land plot located side by side, the decision shall be based on the planning and actual land use conditions of the adjacent land users. The competent authority in charge of land allocation and land lease shall decide.
The land allocation and land lease of small, narrow plots of land to adjacent land users is carried out after People's Committees at all levels have organized a review, public announcement and consultation. of the people where the land is located.
Land allocation and land lease for small, narrow plots of land are based on the land allocation or land lease application of the adjacent user and must be carried out publicly, transparently and democratically.
After being allocated or leased land by the State, adjacent land users must carry out land consolidation procedures according to regulations.
Ensuring rights to adjacent land plots according to provisions of land law and civil law; No disputes or complaints about land arise.
