Procedures for liquidation of planted forests under jurisdiction of local authorities in Vietnam

Procedures for liquidation of planted forests under jurisdiction of local authorities 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 regarding the announcement of new administrative procedures in the forestry sector within the scope of the Ministry's management function.

Procedures for liquidation of planted forests under jurisdiction of local authorities in Vietnam

(1) Step 1: Submission and Receipt of Dossiers

Organizations are to submit one set of documents either directly, via postal services, or electronically to the local specialized forestry management authority appointed by the Chairman of the Provincial People's Committee (hereinafter referred to as the dossier-receiving agency):

- In the case of direct submission: within one working day from receiving the dossier, the dossier-receiving agency must check the components and immediately inform the organization of the completeness and legality of the dossier.

- In the case of submission via postal services: within three working days from receiving the dossier, the dossier-receiving agency must assess the completeness and legality of the dossier’s components; if the dossier is incomplete or illegal as per legal regulations, the agency must notify the organization in writing and specify the reasons.

- In the case of electronic submission, as per the regulations of Decree 45/2020/ND-CP: within no more than one working day from the time of receipt of the dossier, the dossier-receiving agency must assess the completeness and legality; if the dossier is incomplete or illegal, the agency must notify the organization and specify the reasons.

(2) Step 2: Dossier Appraisal and Submission to Competent Authority for Decision on Forest Liquidation

Within 30 days from receiving a complete and legal dossier, the dossier-receiving agency performs the following tasks:

* Submit to the competent authority the establishment of the Forest Liquidation Appraisal Council to decide on the liquidation of planted forests.

Council composition includes: the Chairman of the Council being the head of the dossier-receiving agency; Council members include: representatives of the higher-level management agency of the organization owning the forest proposing liquidation (if any), financial agencies; experts, scientists (if any), and representatives of other relevant agencies (if any). The Appraisal Council operates on part-time policies and dissolves upon task completion. The Forest Liquidation Appraisal Council performs the following tasks:

If necessary, the Chairman of the Forest Liquidation Appraisal Council organizes verification and field inspection. Participants include: representatives of the Appraisal Council; the state forest management agency where the area of the forest proposed for liquidation exists; the Commune People's Committee where the forest is proposed for liquidation; organizations owning the forest proposed for liquidation; other relevant agencies (if any). The results of verification and field inspection are documented as per Form 05 in the Appendix issued with Decree 140/2024/ND-CP;

The Appraisal Council holds meetings: based on acceptance criteria after planting (for forests in the investment phase) or national standards for planted forests (for forests post-investment phase), the Council meets to review the dossier and contents in the forest liquidation plan. Before convening the Council meetings, members submit written opinions confirmed by the unit where they work. Meeting results are documented as per Form 06 in the Appendix issued with Decree 140/2024/ND-CP.

* Upon receiving the meeting minutes from the Appraisal Council, the dossier-receiving agency compiles a report of the appraisal results as per Form 07 in the Appendix issued with Decree 140/2024/ND-CP and submits to the competent authority for a decision on foreign liquidation as per Form 08 in the same Appendix.

In cases where the forest is not eligible for liquidation, the competent authority informs the organization in writing and specifies the reasons.

Detailed dossier information can be found at Decision 3670a/QD-BNN-LN (effective from October 28, 2024).

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