What are details of Decree 140/2024/ND-CP stipulating regulations on the liquidation of planted forests in Vietnam?
What are details of Decree 140/2024/ND-CP stipulating regulations on the liquidation of planted forests in Vietnam?
On October 25, 2024, the Government of Vietnam promulgated Decree 140/2024/ND-CP, prescribing the order, procedures for liquidation, and management and utilization of the funds obtained from the liquidation of planted forests owned by the people.
In cases where international treaties to which Vietnam is a member have specific provisions, the liquidation of planted forests is implemented according to the signed international treaties.
Decree 140/2024/ND-CP takes effect from October 25, 2024, and applies to state agencies, organizations, households, individuals, and communities involved in the activities of liquidating planted forests.
Article 4 of Decree 140/2024/ND-CP stipulates the reasons for the liquidation of planted forests as follows:
- Due to natural disasters according to the law on natural disaster prevention, including storms, tropical depressions, strong winds at sea, tornadoes, lightning, heavy rain, floods, flash floods, inundation; landslides, land subsidence due to rain or flow or drought; seawater rise, saline intrusion, heatwaves, drought, natural forest fires, cold spells, hail, fog, frost, earthquakes, tsunamis, and other natural disasters, incidents, catastrophes.
- Due to pest, disease, and other harmful organisms affecting the forest.
What are details of Decree 140/2024/ND-CP stipulating regulations on the liquidation of planted forests in Vietnam? (Internet image)
In which cases are planted forests liquidated in Vietnam?
According to Article 7 of Decree 140/2024/ND-CP, the cases in which planted forests are liquidated in Vietnam are stipulated:
Article 7. Cases in which planted forests are liquidated
- Planted forests in the investment stage are damaged due to one of the causes specified in Article 4 of this Decree and do not meet the acceptance criteria after forest planting according to legal regulations on silviculture project investment.
- Planted forests after the investment stage are damaged due to one of the causes specified in Article 4 of this Decree and do not meet the national standards for planted forests. Only trees that can no longer recover are exploited or cut down; trees that are still capable of recovery are counted, inventoried, and proposed for recovery solutions in the planted forest liquidation plan according to Form No. 04 attached to this Decree.
Thus, planted forests are liquidated in the following cases:
[1] Planted forests in the investment stage are damaged due to one of the following causes and do not meet the acceptance criteria after forest planting according to legal regulations on silviculture project investment:
- Due to natural disasters according to the law on natural disaster prevention, including storms, tropical depressions, strong winds at sea, tornadoes, lightning, heavy rain, floods, flash floods, inundation; landslides, land subsidence due to rain or flow or drought; seawater rise, saline intrusion, heatwaves, drought, natural forest fires, cold spells, hail, fog, frost, earthquakes, tsunamis, and other natural disasters, incidents, catastrophes.
- Due to pest, disease, and other harmful organisms affecting the forest.
[2] Planted forests after the investment stage are damaged due to one of the following causes and do not meet the national standards for planted forests:
- Due to natural disasters according to the law on natural disaster prevention, including storms, tropical depressions, strong winds at sea, tornadoes, lightning, heavy rain, floods, flash floods, inundation; landslides, land subsidence due to rain or flow or drought; seawater rise, saline intrusion, heatwaves, drought, natural forest fires, cold spells, hail, fog, frost, earthquakes, tsunamis, and other natural disasters, incidents, catastrophes.
- Due to pest, disease, and other harmful organisms affecting the forest.
How long does forest planting land remain unused before it becomes subject to expropriation due to land law violations in Vietnam?
Pursuant to Article 81 of Land Law 2024, which stipulates the cases of land expropriation due to violations of land law in Vietnam:
Article 81. Cases of land expropriation due to violations of land law
- Use land for purposes inconsistent with those assigned, leased, or recognized by the State, and having been administratively penalized for such misuse but continuing to violate.
- Land users damaging the land, having been administratively penalized for land damage but continuing to violate.
- Land assigned or leased to inappropriate subjects or unauthorized persons.
- Land received from transfers or gifts by persons assigned or leased by the State, who are not allowed to transfer or gift as per the provisions of this Law.
- Land under State management left to be encroached upon or occupied.
- Land users failing to perform financial obligations to the State.
- Land for annual crops, aquaculture land not used for 12 consecutive months, perennial crops land not used for 18 consecutive months**, forest planting land not used for 24 consecutive months and having been administratively penalized without bringing the land into use as scheduled in the administrative penalty decision,**
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According to the above regulation, forest planting land that is not used for 24 consecutive months and has been administratively penalized without bringing the land into use within the period specified in the administrative penalty decision will be reclaimed for violating land law.
