What are the procedures for the decision by the Prime Minister of Vietnam on the forest repurposing?
What are the requirements for forest repurposing in Vietnam?
Pursuant to the provisions of Article 19 of the 2017 Law on Forestry in Vietnam, the requirements for forest repurposing in Vietnam are as follows:
- Forest repurposing shall be in compliance with the national forestry planning, land use plans and planning.
- Competent state authorities shall make decisions on forest repurposing.
- Forest repurposing shall have investment projects approved by competent state authorities.
- There shall be replacement afforestation plans approved by competent state authorities after payment for replacement afforestation is fully made.
What are the procedures for the decision by the Prime Minister of Vietnam on the forest repurposing? (Image from the Internet)
Which agency has the power to make decisions on forest repurposing in Vietnam?
Pursuant to the provisions of Article 20 of the 2017 Law on Forestry in Vietnam stipulating as follows:
Power to make decisions on forest repurposing
1. The National Assembly shall make decisions on repurposing of reserve forests, watershed protection forests, bordering protection forests of at least 50 ha; wind/sand shielding protection forests and tide shielding/sea encroachment prevention forests of at least 500 ha; production forests of at least 1,000 ha.
2. The Prime Minister shall make decisions on repurposing of reserve forests of under 50 ha; watershed protection forests or bordering protection forests of from 20 ha to under 50 ha; wind/sand shielding protection forests and tide shielding/sea encroachment prevention forests of from 20 ha to under 500 ha; production forests of from 50 ha to under 1,000 ha.
3. People’s Councils of provinces shall make decisions on repurposing of watershed protection forests, bordering protection forests, wind/sand shielding protection forests and tide shielding/sea encroachment prevention of under 20 ha; production forests under 50 ha; forests protecting water resources of communities.
Thus, the power to make decisions on forest repurposing in Vietnam is prescribed as follows:
- The National Assembly shall make decisions on repurposing of:
+ Reserve forests, watershed protection forests, bordering protection forests of at least 50 ha;
+ Wind/sand shielding protection forests and tide shielding/sea encroachment prevention forests of at least 500 ha;
+ Production forests of at least 1,000 ha.
- The Prime Minister shall make decisions on repurposing of:
+ Reserve forests of under 50 ha; watershed protection forests or bordering protection forests of from 20 ha to under 50 ha;
+ Wind/sand shielding protection forests and tide shielding/sea encroachment prevention forests of from 20 ha to under 500 ha;
+ Production forests of from 50 ha to under 1,000 ha.
- People’s Councils of provinces shall make decisions on repurposing of:
+ Watershed protection forests, bordering protection forests, wind/sand shielding protection forests and tide shielding/sea encroachment prevention of under 20 ha;
+ Production forests under 50 ha;
+ Forests protecting water resources of communities.
What are the procedures for the decision by the Prime Minister of Vietnam on the forest repurposing?
Pursuant to the provisions of Clause 2, Article 41 of Decree 156/2018/ND-CP (amended by Clause 1, Article 1 of Decree 83/2020/ND-CP) stipulating the procedures for decision by the Prime Minister of Vietnam on the forest repurposing as follows:
(1) Any organization or individual that applies for forest repurposing shall submit an application to the Department of Agriculture and Rural Development of the province where the forest to be repurposed is located, whether in person or by post.
If the application is insufficient, within 03 working days from receipt of the application, the Department of Agriculture and Rural Development shall respond to the applicant in writing.
(2) Within 05 working days from receipt of the valid application, the Director of the Department of Agriculture and Rural Development shall notify the provincial People’s Committee.
(3) Within 20 working days from receipt of the valid application, the provincial People’s Committee shall appraise it.
If the appraisal result shows that the application is unsatisfactory, the provincial People's Committee shall respond to the applicant in writing and provide explanation.
(4) Within 05 working days from the appraisal, the provincial People’s Committee shall submit a dossier to the Ministry of Agriculture and Rural Development.
The President of the provincial-level People's Committee is responsible to the law for the adequacy, completeness and accuracy of the statement.
If the dossier is insufficient, within 03 working days from receipt of the dossier, the Ministry of Agriculture and Rural Development shall respond to the provincial People’s Committee in writing.
(5) Within 25 working days from receipt of the sufficient dossier specified in Point d of this Clause, the Ministry of Agriculture and Rural Development shall take charge and cooperate with the Ministry of Natural Resources and Environment and relevant ministries and central authorities in appraising the dossier; request the Prime Minister to consider deciding the forest repurposing.
If the appraisal result shows that the dossier is unsatisfactory to be submitted to the Prime Minister for decision on the forest repurposing guidelines, within 05 working days from appraisal of the dossier, the Ministry of Agriculture and Rural Development shall respond the provincial People’s Committee in writing.
The dossier submitted by the Ministry of Agriculture and Rural Development to the Prime Minister is composed of: A written request by the Ministry of Agriculture and Rural Development, written appraisal (minutes of Appraisal Council’s meeting or consolidated report on appraisal opinions given by relevant ministries and central authorities), documents specified in Point d of this Clause; documents of relevant ministries and central authorities (if any).
If the appraisal is carried out by seeking sending enquiries, the enquired ministries and central authorities shall give their written opinions to the Ministry of Agriculture and Rural Development within 10 working days.
Nguyễn Thị Hồng Nhung
