Procedures for issuing Decision on forest lease in case the lessee is an organization in Vietnam from October 30, 2024

Procedures for issuing Decision on forest lease in case the lessee is an organization in Vietnam from October 30, 2024​ (Image from the internet)

On October 30, 2024, the Ministry of Agriculture and Rural Development of Vietnam issued Decision 3703/QD-BNN-LN on 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.

Procedures for issuing Decision on forest lease in case the lessee is an organization in Vietnam from October 30, 2024

The procedures for issuing Decision on forest lease in case the lessee is an organization are as follows:

Step 1: Develop a Plan for Forest Leasing Auction

Within 30 days from the date the forest leasing plan is approved by the competent authority, the Department of Agriculture and Rural Development develops a plan for forest leasing auction and submits it to the provincial People's Committee for approval in accordance with Form No. 16 Annex 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 leasing auction plan is approved, the Department of Agriculture and Rural Development determines the starting price for forest leasing and submits it to the provincial People's Committee for approval in accordance with forestry law and related legal regulations.

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 considers and approves the starting price for forest leasing (the approved starting price is the basis for conducting the forest leasing auction).

In case of non-approval, the provincial People's Committee provides a written explanation with specific reasons.

Step 4: Sign Service Contract for Forest Leasing Auction

Within 10 days from the date the provincial People's Committee approves the starting price for forest leasing, the Department of Agriculture and Rural Development signs an asset auction service contract with the asset auction organization according to the approved plan to conduct the forest leasing auction. The asset auction service contract must be in writing, carried out under civil law and the Law on Property Auction.

Step 5: Organize Forest Leasing Auction

Within 30 days from the date of signing the forest leasing auction contract, the asset auction organization that signed the service contract is responsible for implementing the procedure, and conducting the forest leasing auction in accordance with auction laws and related laws.

Step 6: Approve Auction Results for Forest Leasing

Within 05 days from the date of receiving the auction results, auction record, and the list of auction winners, the competent authority's People's Committee issues a decision to recognize the auction results for forest leasing, sending them to the Department of Agriculture and Rural Development, the unit organizing the auction, the tax authority, and the auction winner for forest leasing.

Step 7: Pay Forest Leasing Fee after Decision to Recognize Auction Results

Within 30 days from the date of the decision recognizing the auction results, the organization winning the auction for forest leasing is responsible for paying the forest lease fee into the State Treasury and submitting the payment voucher to the Department of Agriculture and Rural Development to report to the provincial People's Committee on lease decision.

Step 8: Decision to Lease Forest

Within 10 days from the date the auction-winning organization completes its financial obligations, the provincial People's Committee is responsible for reviewing and signing the decision to lease the forest to the organization in accordance with Form No. 14 Annex II attached to Decree 91/2024/ND-CP; instructing the Department of Agriculture and Rural Development to sign the forest leasing contract according to Form No. 12 attached to Annex II Decree 91/2024/ND-CP, and organizing the handover of the forest as stipulated at point đ, clause 2, Article 36 of Decree 156/2018/ND-CP as amended and supplemented at clause 18, Article 1 of Decree 91/2024/ND-CP.

In case the time exceeds the regulations at point g, clause 3, Article 36 Decree 156/2018/ND-CP as amended and supplemented at clause 18, Article 1 Decree 91/2024/ND-CP, if the winning organization does not pay the full amount according to the auction result, the Department of Agriculture and Rural Development submits to the provincial People's Committee for a decision to cancel the recognition of auction results.

Components of Dossier for approving Decision to lease forest for cases of leasing to organizations in Vietnam

The organization submits 1 set of dossiers including:

- Dossier for approving the forest leasing auction plan: Forest leasing auction plan.

- Dossier for approving the auction results for forest leasing:

+ Auction results;

+ Auction record;

+ List of auction winners.

- Dossier for the decision to lease the forest:

+ Auction results;

+ Auction record;

+ List of auction winners;

+ Notification of completion of financial obligations.

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

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