Approval or adjustment procedures for Forest Temporary Use Plans in Vietnam

Approval or adjustment procedures for Forest Temporary Use Plans in Vietnam (Internet image) 

On March 12, 2024, the Ministry of Agriculture and Rural Development issued Decision 717/QD-BNN-KL on the announcement of new administrative procedures in the field of Forest Protection under the management function of the Ministry of Agriculture and Rural Development.

Approval or adjustment procedures for Forest Temporary Use Plans in Vietnam

(1) Procedures

Step 1. Submission of documents

The project investor submits a written request for approval or adjustment of the Forest Temporary Use Plan directly or through postal services or an electronic environment, including 01 set of documents, to the Department of Agriculture and Rural Development.

In case the documents are invalid, within 03 working days from the date of receiving them, the Department of Agriculture and Rural Development shall respond in writing and state the reasons.

Step 2. Verification and organization of the appraisal of the Plan or adjustment of the Forest Temporary Use Plan

Within 07 working days from the date of receiving valid documents, the Department of Agriculture and Rural Development shall: verify and check the report and current forest map of the proposed forest temporary use area, organize the appraisal of the Forest Temporary Use Plan or adjustment of the Forest Temporary Use Plan; submit it to the provincial People's Committee for consideration and approval or adjustment of the Forest Temporary Use Plan.

Step 3. Consideration and approval of the Plan or adjustment of the Forest Temporary Use Plan

+ In cases where the opinion of the competent ministry or sector is required (for forest temporary use areas under the management scope of the forest owner, which are units under ministries and sectors):

Within 03 working days from the date of receiving the submission and documents from the Department of Agriculture and Rural Development, the provincial People's Committee shall seek the opinion of the competent ministry or sector.

Within 05 working days from the date of receiving the submission for consideration from the provincial People's Committee, the competent ministry or sector shall provide their opinion in writing to the provincial People's Committee.

Within 05 working days from the date of receiving the opinion of the competent ministry or sector, the Chairman of the provincial People's Committee shall consider and approve the Forest Temporary Use Plan or any adjustment to the Forest Temporary Use Plan. In case of disapproval, the Chairman of the Provincial People's Committee shall respond in writing and state the reasons.

+ In cases where the opinion of the competent ministry or sector is not required:

Within 05 working days from the date of receiving the documents from the Department of Agriculture and Rural Development, the Chairman of the provincial People's Committee shall consider and approve the Forest Temporary Use Plan or the adjustment of the Forest Temporary Use Plan. In case of disapproval, the Chairman of the provincial People's Committee shall respond in writing and state the reasons.

(2) Documentation requirements

(2.1) In the case of requesting approval for the temporary forest use plan:

(i) The project investor shall submit the following documents to the Department of Agriculture and Rural Development:

- The request for approval of the temporary forest use plan by the project investor, according to Appendix I issued with Decree 27/2024/ND-CP;

- A certified copy of the decision on the transfer of forest use purposes to another purpose of the project or a certified copy of the decision on the transfer of forest use purposes to another purpose of the project. In case the project does not transfer the forest use purpose to another purpose, a copy of the investment decision, the investment approval decision, or the project investment approval decision shall be provided;

- The original report and map of the current forest status in the proposed forest use area. The report should indicate the location (parcel, block, sub-area; administrative place name), forest area by type of forest (special-use forest, protective forest, production forest), origin of formation (natural forest, planted forest), stock volume, and tree species for planted forest; The map (current forest status in the proposed forest use area at a scale of 1/5,000) should clearly show the location (parcel, block, sub-area; administrative place name), scope, and boundaries of the proposed forest use area;

- The temporary forest use plan prepared by the project investor, according to Appendix II issued with Decree 27/2024/ND-CP.

(ii) The Department of Agriculture and Rural Development shall submit the following documents to the Chairman of the Provincial People's Committee:

- The official letter from the Department of Agriculture and Rural Development;

- The request for approval of the temporary forest use plan by the project investor, according to Appendix I issued with Decree 27/2024/ND-CP;

- A certified copy of the decision on the transfer of forest use purposes to another purpose of the project or a certified copy of the decision on the transfer of forest use purposes to another purpose of the project. In case the project does not transfer the forest use purpose to another purpose, a copy of the investment decision, the investment approval decision, or the project investment approval decision shall be provided;

- The original report and map of the current forest status in the proposed forest use area. The report should indicate the location (parcel, block, sub-area; administrative place name), forest area by type of forest (special-use forest, protective forest, production forest), origin of formation (natural forest, planted forest), stock volume, and tree species for planted forest; The map (current forest status in the proposed forest use area at a scale of 1/5,000) should clearly show the location (parcel, block, sub-area; administrative place name), scope, and boundaries of the proposed forest use area;

- The temporary forest use plan prepared by the project investor, according to Appendix II issued with Decree 27/2024/ND-CP;

- The evaluation report from the Department of Agriculture and Rural Development.

(iii) The Provincial People's Committee shall submit the following documents to the relevant ministries and agencies in charge of the forest area to be temporarily used, which are under the management of the forest owner units under the ministries and agencies:

- The request letter from the Provincial People's Committee;

- The evaluation report from the Department of Agriculture and Rural Development;

- The request for approval of the temporary forest use plan by the project investor, according to Appendix I issued with Decree 27/2024/ND-CP;

- A certified copy of the decision on the transfer of forest use purposes to another purpose of the project or a certified copy of the decision on the transfer of forest use purposes to another purpose of the project. In case the project does not transfer the forest use purpose to another purpose, a copy of the investment decision, the investment approval decision, or the project investment approval decision shall be provided;

- The original report and map of the current forest status in the proposed forest use area. The report should indicate the location (parcel, block, sub-area; administrative place name), forest area by type of forest (special-use forest, protective forest, production forest), origin of formation (natural forest, planted forest), stock volume, and tree species for planted forest; The map (current forest status in the proposed forest use area at a scale of 1/5,000) should clearly show the location (parcel, block, sub-area; administrative place name), scope, and boundaries of the proposed forest use area;

- The temporary forest use plan prepared by the project investor, according to Appendix II issued with Decree 27/2024/ND-CP.

(2.2) The case requesting the adjustment of the decision to approve the Temporary Forest Use Plan.

(i) Case 1: The project changes the location and scope of temporary forest use, but does not change the type of forest and does not increase the forest area compared to the total approved forest area by the authorized agency, and ensures the conditions stipulated in Clause 1 Article 42a of Decree 156/2018/ND-CP as amended and supplemented in Clause 2 Article 1 of Decree 27/2024/ND-CP, the investor shall:

- Report to the Chairman of the Provincial People's Committee and the forest owner on the change of location and scope of temporary forest use.

(ii) Case 2: The project has changes in the content of the approved Temporary Forest Use Plan that do not fall under the provisions of Case 1 above. The dossier includes:

* The investor submits the project dossier to the Department of Agriculture and Rural Development, including:

- A written request for approval of the adjusted Temporary Forest Use Plan by the project investor according to Appendix I issued with Decree 27/2024/ND-CP.

- A copy of the decision on the transfer of forest use purposes to another purpose of the project, or a copy of the decision on the transfer of forest use purposes to another purpose of the project. In case the project does not convert forest use to another purpose, a copy of the investment decision or investment approval decision or project investment approval decision is provided. (If there is no change in the content of this dossier compared to the components of the dossier submitted for approval of the Temporary Forest Use Plan, it does not need to be resubmitted);

- The original report and current forest status map of the proposed forest use adjustment area. The report includes the location (plot, section, sub-area; administrative place name), forest area by type of forest (special-use forest, protective forest, production forest), origin of formation (natural forest, planted forest), stock volume, and tree species for planted forest; The map (current forest status of the proposed forest use area at a scale of 1/5,000 shows the clear location (plot, section, sub-area; administrative place name), scope, boundaries of the proposed forest use area;

- The adjusted Temporary Forest Use Plan prepared by the project investor according to Appendix II issued with Decree 27/2024/ND-CP.

* The Department of Agriculture and Rural Development submits the dossier to the Chairman of the Provincial People's Committee, including:

- A submission letter from the Department of Agriculture and Rural Development;

- A written request for approval of the adjusted Temporary Forest Use Plan by the project investor according to Appendix I issued with Decree 27/2024/ND-CP.

- A copy of the decision on the transfer of forest use purposes to another purpose of the project, or a copy of the decision on the transfer of forest use purposes to another purpose of the project. In case the project does not convert forest use to another purpose, a copy of the investment decision or investment approval decision, or project investment approval decision is provided. (If there is no change in the content of this dossier compared to the components of the dossier submitted for approval of the Temporary Forest Use Plan, it does not need to be resubmitted);

- The original report and current forest status map of the proposed forest use adjustment area. The report includes the location (plot, section, sub-area; administrative place name), forest area by type of forest (special-use forest, protective forest, production forest), origin of formation (natural forest, planted forest), stock volume, and tree species for planted forest; The map (current forest status of the proposed forest use area) at a scale of 1/5,000 shows the clear location (plot, section, sub-area; administrative place name), scope, and boundaries of the proposed forest use area;

- The adjusted Temporary Forest Use Plan prepared by the project investor according to Appendix II issued with Decree 27/2024/ND-CP;

- The appraisal report from the Department of Agriculture and Rural Development.

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