Conditions for approving a temporary forest use plan serving the construction of power grid projects in Vietnam

Conditions for approving a temporary forest use plan serving the construction of power grid projects in Vietnam (Internet image) 

Regarding this matter, LawNet would like to answer as follows: 

On March 6, 2024, the Government issued Decree 27/2024/ND-CP amending a number of articles of Decree 156/2018/ND-CP detailing the implementation of a number of articles of the Law on Forestry 2017.

Conditions for approving a temporary forest use plan serving the construction of power grid projects in Vietnam

In order to obtain approval for the temporary forest use plan, the project is required to meet the following conditions:

- There is a power grid project for socio-economic development in the national and public interests for which the investment policy decision or investment policy approval or decision on approval of investment project has been issued by a competent authority in accordance with regulations of the law on public investment, the law on investment in the form of public-private partnerships and the investment law.

- In case both forest repurposing and temporary forest use are defined in the project, there must be a decision on the policy for forest repurposing (in respect of the forest area to be repurposed). If only the temporary forest use is defined in the project, there must be an investment policy decision or investment policy approval or decision on approval of investment project.

- The temporary forest use is allowed only if the project must use forested area because it cannot be implemented on other land. The forest area temporarily used and cutting down of forest trees within this area must be minimized (do not cut down forest trees with a diameter of 20 cm or more in the position from the ground to the position of 1.3m of the trunk).

- The forest area temporarily used shall be subject to investigation and assessment of current status, reserves and impacts of temporary forest use on the forest ecosystem. Impacts on the forest, reforestation, and forest restoration must be fully specified in the temporary forest use plan.

- The duration of temporary forest use must be clearly defined in the application form for approval of the temporary forest use plan; and must not exceed the project duration.

- The following acts are prohibited: temporarily use forest areas in strictly protected areas of reserve forests or forest areas containing endangered and rare forest plants; take advantage of the temporary forest use for cutting trees, deforestation, hunting of forest animals, exploitation and transportation of timber and foreign products in contravention of laws, or for legalization of illegally harvested timber and forest products; bring wastes, toxic chemicals, explosives, flammable substances, tools and other instruments into forests in contravention of laws; build, dig, dam, block natural flows and do other activities in contravention of laws resulting in changes in the natural landscape structure, destruction of forest resources, forest ecosystems, and forest protection and development works.

- The reforestation shall be carried out immediately during the latest afforestation season in the locality but not later than 12 months from the termination of the temporary forest use duration defined in the approved temporary forest use plan; the restored forest area must meet the criteria for becoming a forest under the Law on Forestry 2017.

(Clause 1, Article 42a of Decree 156/2018/ND-CP, supplemented in Decree 27/2024/ND-CP)

Documentation requirements for approving a temporary forest use plan serving the construction of power grid projects in Vietnam

An application for approval of a temporary forest use plan includes:

- An application form for approval of the temporary forest use plan or the revised temporary forest use plan which is made by the project owner according to Appendix I enclosed with Decree 27/2024/ND-CP;

- A copy of the decision on the forest repurposing policy or a copy of the decision on forest repurposing. If the forest repurposing is not required in the project, a copy of the investment policy decision or investment policy approval or decision on approval of investment project shall be submitted;

- The original explanatory report and current-status map of the forest area to be put into temporary use as requested. The explanatory report must clearly indicate the location (forest plot, and sub-zone; administrative division), forest area by type of forest (reserve forest, protective forest and production forest), origin of the forest (natural forest or cultivated forest), forest reserves, tree species (for cultivated forest); Map (of the current status of forest area to be put into temporary use) of the scale of 1/5.000 must clearly show the location (forest plot, and sub-zone; administrative division), the scope and boundaries of the forest area to be put into temporary use;

- The temporary forest use plan or the revised temporary forest use plan which is made by the project owner according to Appendix II enclosed with Decree 27/2024/ND-CP.

(Clause 3, Article 42a of Decree 156/2018/ND-CP, supplemented in Decree 27/2024/ND-CP)

More details can be found in Decree 27/2024/ND-CP effective from March 6, 2024.

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