Procedures for approval of the Plan for replacement afforestation in cases where the project owner undertakes replacement afforestation independently in Vietnam

Procedures for approval of the Plan for replacement afforestation in cases where the project owner undertakes replacement afforestation independently in Vietnam​ (Image sourced from the internet)

On December 23, 2024, the Ministry of Agriculture and Rural Development of Vietnam issued Decision 4626/QD-BNN-LN announcing administrative procedures amended and supplemented in the forestry sector within the scope of management functions of the Ministry of Agriculture and Rural Development.

Procedures for approval of the Plan for replacement afforestation in cases where the project owner undertakes replacement afforestation independently in Vietnam

(1) Implementation process:

* Step 1: Submission of application

The project owner submits directly or sends via postal services or electronically 01 set of documents to the Department of Agriculture and Rural Development where the forest area is converted for other purposes.

If submitted electronically, it is done according to the regulations in Decree 45/2020/ND-CP dated April 8, 2020, by the Government of Vietnam on the implementation of administrative procedures in an electronic environment.

* Step 2: Receipt of application

- For direct submissions: The Department of Agriculture and Rural Development checks the components of the application and immediately informs the project owner about the completeness of the application and clearly states reasons;- For submissions via postal services or electronically: Within 01 working day from receiving the application, the Department of Agriculture and Rural Development reviews the completeness of application components; if the application is incomplete as per regulations, a written notice is provided to the project owner clearly stating reasons.

* Step 3: Establishment of Appraisal Council and appraisal organization

Within 20 days from receiving a complete application, the Department of Agriculture and Rural Development establishes an Appraisal Council and organizes the appraisal of the Alternative Afforestation Plan. If on-site inspection and evaluation of the Afforestation Plan are needed, the Department establishes an Appraisal Council, organizes the appraisal, and completes the appraisal within 35 days from receiving a complete application.

(i) If the application meets the conditions, the Department of Agriculture and Rural Development presents it to the provincial People's Committee for consideration and approval of the Alternative Afforestation Plan; along with the estimation and design of the alternative afforestation;

(ii) If the application does not meet the conditions, the Department of Agriculture and Rural Development notifies the project owner in writing, stating the reasons.

* Step 4: Approval of the plan

Within 10 days from receiving the application for approval of the Alternative Afforestation Plan, estimation, and design by the Department of Agriculture and Rural Development, the provincial People's Committee approves the Alternative Afforestation Plan accompanied by estimation and design, and sends the result to the Department of Agriculture and Rural Development and the project owner.

If not approved, the provincial People's Committee notifies in writing and states the reasons, sending it to the Department of Agriculture and Rural Development and the project owner.

* Step 5: Completion of the obligation for alternative afforestation

Within 10 days from the approval of the Alternative Afforestation Plan, estimation, and design, the project owner pays the full amount into the provincial Forest Protection and Development Fund where the application was submitted; the provincial Forest Protection and Development Fund notifies in writing the completion of the alternative afforestation obligation to the project owner;

* Step 6: Implementation of afforestation and acceptance

The project owner conducts afforestation in accordance with the approved Alternative Afforestation Plan, design, and estimation; the Department of Agriculture and Rural Development organizes the acceptance of the completion of afforestation as conducted by the project owner.

If the project owner does not carry out alternative afforestation, the provincial People's Committee decides to implement the alternative afforestation using the funds already deposited by the project owner into the provincial Forest Protection and Development Fund; if the funds deposited are less than the reforestation cost of the province at the time of reforestation, the Chairman of the provincial People's Committee sends a written notice to the project owner about the difference in the reforestation unit price. Within 10 days from receiving the notice from the Chairman of the provincial People's Committee, the project owner must supplement the difference amount into the provincial Forest Protection and Development Fund.

* Step 7: Implementation of disbursement

- The Forest Protection and Development Fund and organizations assigned the task of alternative afforestation open accounts at the State Treasury to receive funding for alternative afforestation;- The unit receiving the funding for alternative afforestation prepares a report, submits it to the immediate higher financial authority, the decentralized agency, or the assigned agency according to the decision of the competent authority for appraisal and finalization of alternative afforestation funding;

- The Chairman of the provincial People's Committee decides on the use of interest from deposited funds for alternative afforestation to carry out afforestation activities in accordance with the regulations of Circular 25/2022/TT-BNNPTNT (as amended and supplemented by Circular 22/2023/TT-BNNPTNT).

Refer to detailed content in Decision 4626/QD-BNN-LN effective from January 27, 2025.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE