This is a prominent regulation mentioned in Circular 13/2019/TT-BNNPTNT regarding reforestation when converting forest land to other purposes.
According to regulations, organizations and individuals who have been approved by competent state agencies to change the purpose of forest use to another purpose (hereinafter referred to as Project Owners) are obligated to undertake replacement forest planting. After the replacement forest planting plan is approved, the Project Owner is responsible for preparing the design and budget for forest planting in accordance with the regulations of the Ministry of Agriculture and Rural Development on the management of investment in forestry projects and current regulations, and submitting them to competent authorities for approval.
Illustrative image (source: internet)
The Project Owner shall manage and utilize the replacement forests after investing in forestry projects as prescribed in Article 5 of Circular 13/2019/TT-BNNPTNT as follows:
- For forest areas formed by the Project Owner planting according to Article 3 of this Circular. The Project Owner shall continue to manage, protect, develop, and utilize the forest; and shall enjoy benefits and fulfill obligations in accordance with the law for special-use forests, protection forests, and production forests.- For special-use forests and protection forests formed from the replacement forest planting funds submitted by the Project Owners, the Forest Management Board and related units shall continue to manage, protect, and develop the forests according to the law concerning special-use forests and protection forests.- For production forest areas of households supported by replacement forest planting funds submitted by the Project Owners, the households are responsible for managing, protecting, developing, and utilizing the forests; and shall enjoy the full value of forest products after fulfilling financial obligations in accordance with the law concerning production forests.
Refer to related regulations in Circular 13/2019/TT-BNNPTNT, effective from January 1, 2020.
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