What do project owners who do not plant replacement forests themselves need to prepare in their application for payment of planting replacement forests in Vietnam?
I would like to ask if the project owner does not plant replacement forests themselves, according to the new regulations in Veitnam, what needs to be prepared in the dossier requesting payment for replacement forest planting? - Question from Thanh An (Cao Bang).
Who has authority to approve the application for payment for replacement afforestation in Vietnam?
Pursuant to Clause 2, Article 4 of Circular 25/2022/TT-BNNPTNT (effective from February 15, 2023), there are regulations on authority to approve dossiers requesting payment for replacement afforestation as follows:
The project owner does not plant replacement forests himself
1. The project owner submits 01 set of documents requesting payment for replacement forest planting directly or via postal service or via electronic environment to the Department of Agriculture and Rural Development where forest areas are converted to other uses. In case of submitting documents via the electronic environment, comply with the provisions of Decree No. 45/2020/ND-CP dated April 8, 2020 of the Government on implementing administrative procedures in the electronic environment.
2. Authority to approve payment for replacement afforestation: Provincial People's Committee.
According to the above regulations in Vietnam, the Provincial People's Committee has the authority to approve dossiers requesting payment for replacement afforestation.
What do project owners who do not plant replacement forests themselves need to prepare in their application for payment of planting replacement forests in Vietnam?
In Clause 3, Article 4 of Circular 25/2022/TT-BNNPTNT (effective from February 15, 2023) has regulations on dossiers requesting payment for direct replacement afforestation for project owners who do not plant themselves are as follows:
The project owner does not plant replacement forests himself
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3. Documents include:
a) Original written request for approval of payment for replacement afforestation specified in Appendix III issued with this Circular;
b) Copy of the document of the competent State agency approving the policy of converting the forest to another purpose;
c) Copies of other relevant documents (if any).
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According to this Article, the dossier requesting payment for direct replacement forest planting for project owners who do not plant replacement forests themselves includes:
+ Original document requesting approval to pay for replacement afforestation;
+ Copy of the document of the competent State agency approving the policy of changing the forest use purpose to another purpose;
+ Copies of other relevant documents.
Is it possible for project owners who do not plant replacement forests themselves to request the Department of Agriculture and Rural Development to check the composition of the dossier implementing the policy of planting replacement forests and immediately answer in Vietnam?
In Clause 4, Article 4 of Circular 25/2022/TT-BNNPTNT (effective from February 15, 2023) has regulations on time to respond to the completeness of the components of the dossier requesting payment for direct replacement forest planting for project owners who do not plant replacement forests themselves are as follows:
The project owner does not plant replacement forests himself
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4. Time to respond to completeness of dossier components:
a) In case of direct application: Department of Agriculture and Rural Development checks the application and immediately responds to the project owner about the completeness of the application and clearly states the reason;
b) In case of submitting application via postal service or via electronic environment: Within 01 working day from the date of receiving the application, the Department of Agriculture and Rural Development reviews the completeness of the components; In case the dossier is not complete as prescribed, notify the project owner in writing and clearly state the reason.
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Based on the above regulations in Vietnam, if the dossier requests payment for direct replacement forest planting, the project owner who does not plant replacement forests themselves can request the Department of Agriculture and Rural Development to check the profile components and immediately respond to the project owner about the completeness of the profile components.
What is procedure for approving payment for replacement afforestation in case the Provincial People's Committee allocates land for replacement afforestation in the area in Vietnam?
In Clause 5, Article 4 of Circular 25/2022/TT-BNNPTNT (effective from February 15, 2023) has regulations on procedure for approving payment for replacement afforestation in cases where the People's Committee The provincial level allocates land for replacement forestry in the area as follows:
+) Within 05 working days from the date of receiving the valid dossier, the Department of Agriculture and Rural Development advises the Provincial People's Committee to assign the Protection Forest Management Board and the Special-Use Forest Management Board, the armed unit is the investor in the case of planting replacement forests on the land area allocated to the Protection Forest Management Board, the Special Use Forest Management Board, and the armed unit for management;
Assign the Forest Protection Department or the District Forest Development Project Management Board to be the investor in the case of planting replacement forests on the land area allocated to the Commune People's Committee, households, individuals, and residential community management;
+) Within 20 days from the date of assignment, the investor prepares estimates and designs and sends them to the Department of Agriculture and Rural Development for appraisal and submission to the Provincial People's Committee for approval;
+) Within 05 working days from the date of receiving the submission from the Department of Agriculture and Rural Development, the Provincial People's Committee approves the estimate, design and notifies in writing the project owner in writing about the time and amount of money to be paid for replacement afforestation;
+) Within 10 days from the date of receiving the document from the Provincial People's Committee, the project owner must pay the full amount of money for replacement forest planting to the Provincial Forest Protection and Development Fund to organize replacement forest planting.
Best regards!
