Liquidation of Cultivated Forests Unable to Develop into Forests under Central Management

This content is detailed in Circular 18/2013/TT-BTC guiding the order, procedures for liquidation of planted forests and the management, usage of proceeds from the liquidation of planted forests that cannot become forests, and planted forests that have no potential to become forests.

The authority and procedure for liquidating non-viable plantation forests under central management are detailed in Article 6 of Circular 18/2013/TT-BTC, as follows:

liquidation of non-viable plantation forests, Circular 18/2013/TT-BTC

Illustrative image (source: internet)

Firstly, regarding the authority to decide on the liquidation of plantation forests under central management: The investment decision-making body for the forest planting is responsible for this decision.

Secondly, regarding the procedure for liquidating plantation forests:

For plantation forests in which ministries or central departments have decided to invest, in cases where the plantation area is non-viable and subject to liquidation as per this Circular, the investor shall form an inspection team to verify the field conditions. Specifically:

- Members of the inspection and verification team include: the investor, a representative from supervisory bodies, contract awardee households (if any), relevant local forest management agencies assigned by the district People’s Committee (Flood and Storm Prevention Committee, Forest Fire Prevention Committee, Forest Protection Department, financial agencies of the same level, etc.); and the People’s Committee of the commune where the plantation forest is located.- The inspection minutes content is regulated in Clause 2, Article 5 of this Circular.

Thereafter, based on the verified inspection minutes confirmed by the district People’s Committee where the plantation forest is situated, the investor prepares a dossier requesting the liquidation of the plantation forest and reports to the competent authority. The liquidation dossier follows the provisions outlined in Clause 3, Article 5 of this Circular.

Upon receiving the liquidation dossier from the investor, within 30 working days, the investment decision-making body requests the provincial People’s Committee's opinion on the liquidation of the plantation forest. After receiving the agreement from the provincial People’s Committee, the investment decision-making body issues a decision on the plantation forest liquidation. The content of this liquidation decision is similar to that for the liquidation of plantation forests under local management as regulated in Clause 4, Article 5 of this Circular. If necessary, the ministries or central departments may establish an inspection team to re-verify before making a decision.

Finally, after completing the organization and implementation of the plantation forest liquidation and the logging of forest products, the investor reports the results to the liquidation decision-making body and concurrently to the provincial People’s Committee where the forest was liquidated. The asset and investment value on the land for the plantation area are reduced as per the capital source regulations in Clause 2, Article 1 of this Circular.

More details can be found in Circular 18/2013/TT-BTC, effective from April 5, 2013.

Thu Ba

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