Procedure for liquidating plantations under the jurisdiction of ministries and central agencies in Vietnam

Procedure for liquidating plantations under the jurisdiction of ministries and central agencies in Vietnam (Image from the internet)

On October 28, 2024, the Ministry of Agriculture and Rural Development of Vietnam issued Decision 3670a/QD-BNN-LN on the announcement of new administrative procedures in forestry under the management function of the Ministry of Agriculture and Rural Development of Vietnam.

Procedure for liquidating plantations under the jurisdiction of ministries and central agencies in Vietnam

(1) Step 1: Submitting and receiving the dossier

The organization submits one set of dossiers directly or via postal service or electronically to the Forestry Department under the Ministry of Agriculture and Rural Development or specialized agencies under ministries, central agencies assigned by ministers of ministries, heads of central agencies (hereinafter referred to as the Dossier Receiving Agency).

- If the dossier is submitted directly: within one working day from the date of receipt, the Dossier Receiving Agency checks the content and immediately responds about the completeness and legality of the submitted content to the organization.

- If the dossier is submitted via postal service: within three working days from the date of receipt, the Dossier Receiving Agency examines the completeness and legality of the submitted content; if the dossier is incomplete or not in compliance with legal regulations, the Dossier Receiving Agency will notify the organization in writing stating the reasons.

- If the dossier is submitted electronically, the procedures follow regulations in Decree 45/2020/ND-CP: within no more than one working day from the time of receiving the dossier, the Dossier Receiving Agency examines the completeness and legality of the submitted content; if the dossier is incomplete or not compliant with legal regulations, the Dossier Receiving Agency will notify the organization stating the reasons.

(2) Step 2: Reviewing the dossier and submitting to the competent authority for the decision to liquidate planted forests

Within 30 days from the date of receiving a complete and lawful dossier, the Dossier Receiving Agency carries out the following tasks:

* Present to the competent authority to decide the liquidation of planted forests, establishing a Council for the appraisal and liquidation of planted forests.

The Council comprises: Chairman of the Council from the leadership of the Dossier Receiving Agency; Council members include: representatives of the superior management authority of the organization with the planted forest proposed for liquidation (if any), the financial authority; experts, scientists (if any), and representatives from other relevant agencies (if any). The Appraisal Council operates on a part-time policy and dissolves after completing its duties. The Council for appraisal and liquidation of planted forests undertakes the following:

If necessary, the Chairman of the Appraisal Council for the liquidation of planted forests organizes site verification, inspections. Participants include: representatives of the Appraisal Council; state management agencies in forestry where the forest area proposed for liquidation is located; the People's Committee at the communal level where the forest is proposed for liquidation; the organization with planted forests proposed for liquidation; and other relevant agencies (if any). Verification and inspection results are documented according to Form No. 05 in the Appendix issued with Decree 140/2024/ND-CP;

Organize a meeting of the Appraisal Council: based on acceptance criteria after forest planting (for forests in the investment phase) or national standards for planted forests (for forests beyond the investment phase), the Appraisal Council meets to review the dossier and contents in the liquidation plan of the planted forests. Before the Council’s meeting, Council members submit written opinions verified by the unit where each Council member works. Meeting results are documented according to Form No. 06 in the Appendix issued with Decree 140/2024/ND-CP.

* After receiving the minutes from the Appraisal Council’s meeting, the Dossier Receiving Agency prepares a report on the appraisal results of forest liquidation according to Form No. 07 in the Appendix issued with Decree 140/2024/ND-CP and submits it to the competent authority for the decision on forest liquidation according to Form No. 08 in the Appendix issued with Decree 140/2024/ND-CP.

If the planted forest does not meet the conditions for liquidation, the competent authority for the liquidation of planted forests will respond in writing to the organization, clarifying the reasons.

Refer to the detailed dossier in Decision 3670a/QD-BNN-LN (effective from October 28, 2024).

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