Procedures for Decision on forest leasing for households and individuals in Vietnam

Procedures for Decision on forest leasing for households and individuals 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 forestry and forest protection sectors within the scope of management functions of the Ministry of Agriculture and Rural Development of Vietnam.

Procedures for Decision on forest leasing for households and individuals in Vietnam

- Step 1: Develop a plan for auctioning forest leases

Within 30 days from the date the forest lease plan is approved by the competent authority, the specialized forestry agency at the district level shall develop an auction plan for forest leases for submission to the district-level People's Committee for approval according to Form No. 16 Appendix II attached to Decree 91/2024/ND-CP.

- Step 2: Determine the starting price for forest leasing

Within 20 days from the date the forest lease auction plan is approved, the Department of Agriculture and Rural Development shall determine the starting price for forest leasing, for submission to the provincial People's Committee for approval in accordance with the forestry law and relevant laws.

- Step 3: Approve the starting price for forest leasing

Within 10 days from the date of receiving the submission from the Department of Agriculture and Rural Development, the provincial People's Committee shall consider and approve the starting price for forest leasing (the approved starting price forms the basis for carrying out the auction for forest leasing).

In case of non-approval, the provincial People's Committee shall respond in writing, stating the reasons.

- Step 4: Sign a service contract for auctioning forest leases

Within 10 days from the date the provincial People's Committee approves the starting price for forest leasing, the specialized forestry agency at the district level shall sign a service contract for asset auction with the auction organization according to the approved plan to carry out the auction for forest leasing. The service contract for asset auction must be made in writing and executed according to the civil law and the provisions of the Asset Auction Law.

- Step 5: Organize the auction for forest leasing

Within 30 days from the date of signing the forest lease auction contract, the asset auction organization contracted must responsibly carry out the sequence and procedures for the auction for forest leasing according to the provisions of the auction law and relevant laws.

- Step 6: Approve the results of the auction for forest leasing

Within 5 days from the date of receiving the auction results, the Auction Minutes, and the list of successful bidders, the district-level People's Committee shall issue a decision recognizing the auction results for forest leasing, sending them to the specialized forestry agency at the district level, the unit organizing the auction, the leasing agency, and the successful bidder.

- Step 7: Pay for the forest lease after the decision recognizing the auction results for forest leasing

Within 30 days from the date of the decision recognizing the auction results for forest leasing, the successful household or individual must pay the lease fee to the State Treasury and submit proof of payment to the specialized forestry agency at the district level to report to the district-level People's Committee for the forest lease decision.

- Step 8: Decide on the forest lease

Within 10 days from the date the successful household or individual completes financial obligations, the district-level People's Committee is responsible for considering and signing the forest lease decision for the household or individual according to Form No. 10 Appendix II attached to Decree 91/2024/ND-CP; sign the forest lease contract according to Form No. 12 Appendix II attached to Decree 91/2024/ND-CP; and direct the specialized forestry agency at the district level to organize the handover of the forest according to the provisions at point e, clause 1, Article 36 of Decree 156/2018/ND-CP as amended and supplemented at clause 18, Article 1 Decree 91/2024/ND-CP.

In case the stipulated time according to point g, clause 3, Article 36 of Decree 156/2018/ND-CP as amended and supplemented at clause 18 of Decree 91/2024/ND-CP is exceeded and the household or individual fails to pay the full amount according to the auction results, the specialized forestry agency at the district level shall propose the district-level People's Committee to cancel the recognition of the auction results.

See details of the dossier in Decision 3703/QD-BNN-LN, effective from October 30, 2024.

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