05 Projects for Converting the Purpose of Natural Forest Use to Other Purposes

05 projects for converting the use purpose of natural forests to other purposes (Illustrative photo)

Decree 83/2020/ND-CP specifies additional criteria for determining projects allowed to convert the use purpose of natural forests to other purposes. To be specific:

1. National important projects under Article 7 of the Public Investment Law 2019, projects approved by the National Assembly under Article 30 of the Investment Law 2014.

2. Projects for national defense and security purposes confirmed in writing by the Ministry of National Defense and the Ministry of Public Security; consistent with the land use planning approved by competent state authorities; consistent with the national forestry planning under the law on planning.

3. Projects urgently needing to convert the use purpose of natural forests.

- Emergency projects under the law on emergency situations; ad-hoc, urgent projects for disaster prevention and mitigation, epidemic prevention, fire, and explosion prevention; urgent projects to address arising issues in practice as decided by the National Assembly, the Government of Vietnam, the Prime Minister of the Government of Vietnam.

- Essential infrastructure construction projects for socio-economic needs (transportation, irrigation, forestry protection, and development), projects to generate electricity and electricity transmission systems to ensure national energy security, and projects to renovate and restore national revolutionary relics, historical-cultural relics. Projects exploring and exploiting minerals, and ecological tourism projects approved by the Prime Minister of the Government of Vietnam.

- When approving the policy to convert the use purpose of natural forests, projects must ensure the following criteria:

- Have a project investment proposal under the law on investment, public investment;- Be consistent with the national forestry planning, land use planning approved by competent state authorities under the law on planning;- Be confirmed by the provincial People's Committee (in the Proposal stipulated in point d of clause 2, Article 41) as projects that must be implemented on the area with natural forests due to the inability to allocate it to other land areas. The Chairman of the provincial People's Committee is responsible before the Government of Vietnam, the Prime Minister of the Government of Vietnam, and the law for the content of the above-mentioned confirmation document. The Provincial People's Council is responsible for closely monitoring the proposal and organizing the implementation of converting natural forests to other use purposes in the area;- Not be located in the strictly protected subdivision of special-use forests; not convert natural forests under the planning of special-use forests, protection forests to other purposes to carry out mineral activities;- Have a plan for replanting forests under the law on forestry.

4. Projects approved by competent authorities for investment policy or investment decision under the law but suspended for review under Resolution No. 71/NQ-CP ensure the following criteria:

- Be consistent with the national forestry planning, land use planning approved by competent authorities under the law on planning;- Be confirmed by the provincial People's Committee (in the Proposal stipulated in point d of clause 2, Article 41) as projects that must be implemented on the area with natural forests due to the inability to allocate it to other land areas. The Chairman of the provincial People's Committee is responsible before the Government of Vietnam, the Prime Minister of the Government of Vietnam, and the law for the content of the above-mentioned confirmation document. The Provincial People's Council is responsible for closely monitoring the proposal and organizing the implementation of converting natural forests to other use purposes in the area;- Not be located in the strictly protected subdivision of special-use forests; not convert natural forests under the planning of special-use forests, protection forests to other purposes to carry out mineral activities;

5. The Government of Vietnam assigns the Prime Minister of the Government of Vietnam to decide on the policy of converting the use purpose of natural forests for national defense and security projects; other urgent projects specified in clause 2, Article 14 of the Forestry Law, except for projects under the jurisdiction of the National Assembly.

Details can be found in Decree 83/2020/ND-CP effective July 15, 2020.

Ty Na

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