Procedures for approval or adjustment of plan for allocation, lease, or change of forest use purpose in Vietnam

Procedures for approval or adjustment of plan for allocation, lease, or change of forest use purpose in Vietnam​ (Image from the internet)

On October 30, 2024, the Ministry of Agriculture and Rural Development of Vietnam issued Decision 3703/QD-BNN-LN regarding the announcement of internal administrative procedures between state administrative agencies in the field of forestry and forest protection under the management scope of the Ministry of Agriculture and Rural Development of Vietnam.

Procedures for approval or adjustment of plan for allocation, lease, or change of forest use purpose in Vietnam

(1) Order of implementation:

- Step 1: Issuance of a document notifying the request for registration of needs for forest land allocation, lease, or change of use purpose

Annually, the district People's Committee is responsible for developing a plan for forest land allocation, lease, and change of use purpose; notifying the registration needs for forest allocation, lease, or change of use purpose and sending it to the district-level specialized agency, commune-level People's Committee.

The time for providing the notification document for developing, appraising, and approving the plan for forest allocation, lease, or change of use purpose is conducted simultaneously with the time for developing, appraising, and approving the annual land use plan at the district level.

- Step 2: Consolidate the demand for forest land allocation, lease, and projects proposing to change the use purpose

Within 20 days from the receipt of the document requesting for registration of needs for forest land allocation, lease, or change of use purpose, the district-level specialized agency, and commune-level People's Committee consolidate the needs for forest land allocation, lease, and projects proposing to change the use purpose, submitting it to the district People's Committee based on consideration of the requests from organizations, households, individuals, communities; needs for forest allocation, lease, and change of use purpose are consolidated according to Form No. 01 Appendix II attached to Decree 91/2024/ND-CP dated July 18, 2024, of the Government of Vietnam.

- Step 3: Develop the plan for forest land allocation, lease, or change of use purpose

The district People's Committee bases on the needs for forest allocation, lease, and change of use purpose from both the district specialized agency and commune People's Committee to summarize forest areas not yet allocated or leased, identify criteria for allocation and lease, and projects involving change of use purpose by each administrative unit at the commune level; summarize needs and project allocation criteria planning for forest allocation and lease, and projects involving use change purpose at the district level by each commune-level administrative unit.

The content of the plan for forest allocation, lease, or change in use purpose follows the provisions in Clause 2, Article 35 Decree 156/2018/ND-CP dated November 16, 2018, of the Government of Vietnam, as amended and supplemented in Clause 17, Article 1 Decree 91/2024/ND-CP dated July 18, 2024, of the Government of Vietnam.

- Step 4: Submit the dossier of the plan or adjust the plan for forest allocation, lease, or change of use purpose

In the third quarter of each year, the district People's Committee submits the dossier of the plan or adjusts the plan for forest allocation, lease, or change of use purpose to the Department of Agriculture and Rural Development.

- Step 5: Appraisal of the dossier

Within 15 days from the complete receipt of the dossier, the Department of Agriculture and Rural Development organizes the appraisal of the dossier for the plan or adjustment and submits it to the Provincial People's Committee for approval.

If the dossier is incomplete or inaccurate, the Department of Agriculture and Rural Development shall issue a document stating the reasons and send it to the district People's Committee to complete the dossier within 15 days.

- Step 6: Decision to approve the plan or adjust the plan for forest land allocation, lease, or change of use purpose

Within five days from the receipt of the dossier submitted by the Department of Agriculture and Rural Development, the Provincial People's Committee considers and decides to approve the plan or adjust the plan for forest land allocation, lease, or change of use purpose at the district level according to Form No. 07 Appendix II attached to Decree 91/2024/ND-CP dated July 18, 2024, of the Government of Vietnam.

(2) Components and number of dossiers: 01 set of dossiers includes:

* Dossiers from the district People's Committee to the district specialized agency, commune People's Committee: Document notifying the request for registration of needs for forest allocation, lease, or change of use purpose.

* Dossiers from the district-level specialized agency, commune People's Committee to the district People's Committee: A consolidation of needs for forest allocation, lease, and projects proposing a change of use purpose according to Form No. 01 Appendix II attached to Decree 91/2024/ND-CP dated July 18, 2024, of the Government of Vietnam.

* Dossiers from the district People's Committee to the Department of Agriculture and Rural Development:

- Proposal form according to Form No. 05 Appendix II attached to Decree 91/2024/ND-CP dated July 18, 2024, of the Government of Vietnam;

- Plan or adjustment of forest allocation, lease in the district, detailed to each commune, specifying sub-division, plot, lot, forest area, forest type, forest allocation area, lease area according to Form No. 03 Appendix II attached to Decree 91/2024/ND-CP dated July 18, 2024, of the Government of Vietnam;

- Plan or adjustment of change in the purpose of forest use to other purposes in the district, detailing to each commune, specifying the project name, implementation location, position (sub-division, plot, lot), forest area, origin of forest formation (natural forest, plantation forest), forest type (special-use forest, protection forest, production forest) change use purpose according to Form No. 04 Appendix II attached to Decree 91/2024/ND-CP dated July 18, 2024, of the Government of Vietnam;

- Maps of plans or adjustments for forest allocation, lease, change in use purpose.

* Dossiers from the Department of Agriculture and Rural Development to the Provincial People's Committee:

- The proposal of the Department of Agriculture and Rural Development according to Form No. 06 Appendix II attached to Decree 91/2024/ND-CP dated July 18, 2024, of the Government of Vietnam.

- Proposal form according to Form No. 05 Appendix II attached to Decree 91/2024/ND-CP dated July 18, 2024, of the Government of Vietnam;

- Plan or adjustment of forest allocation, lease in the district, detailed to each commune, specifying sub-division, plot, lot, forest area, forest type, forest allocation area, lease area according to Form No. 03 Appendix II attached to Decree 91/2024/ND-CP dated July 18, 2024, of the Government of Vietnam;

- Plan or adjustment of change in the purpose of forest use to other purposes in the district, detailing to each commune, specifying the project name, implementation location, position (sub-division, plot, lot), forest area, origin of forest formation (natural forest, plantation forest), forest type (special-use forest, protection forest, production forest) change use purpose according to Form No. 04 Appendix II attached to Decree 91/2024/ND-CP dated July 18, 2024, of the Government of Vietnam;

- Maps of plans or adjustments for forest allocation, lease, change in use purpose.

(3) Processing time:

- The time for issue of the document notification for developing, appraising, approving the plan for forest allocation, lease, and change of use purpose: Conducted simultaneously with the time for development, appraisal, approval of the annual land use plan at the district level.

- Consolidation of needs for forest allocation, lease, and projects proposing to change use purpose: 20 days from the date of receiving the document requesting registration of needs for forest land allocation, lease, or change of use purpose by district-level specialized agency.

- Time for the Department of Agriculture and Rural Development to organize the appraisal of the dossier of the plan or adjustment for forest allocation, lease, or change of use purpose at district level and present to the Provincial People's Committee for approval: 15 days from the date of receiving the complete dossier.

- Time for the Provincial People's Committee to consider and decide on the approval of the plan or the adjustment of the plan for forest allocation, lease, or change of use purpose at the district level: 05 days from the receipt of the dossier submitted by the Department of Agriculture and Rural Development.

Refer to the Decision 3703/QD-BNN-LN (effective from October 30, 2024).

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