Procedures for the Decision on forest leasing in Vietnam for cases where the lessee is a household or individual

Procedures for the Decision on forest leasing in Vietnam for cases where the lessee is a household or individual​ (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 forestry and forest protection fields under the management scope of the Ministry of Agriculture and Rural Development of Vietnam.

Procedures for the Decision on forest leasing in Vietnam for cases where the lessee is a household or individual​

(1) Implementation Sequence:

- Step 1: Develop a plan for auctioning forest leasing

Within 30 days from the date the forest leasing plan is approved by the competent authority, the district-level professional agency responsible for forestry develops an auction plan for forest leasing and submits it to the district-level People's Committee for approval according to Form No. 16 Appendix II attached to Decree 91/2024/ND-CP dated July 18, 2024, of the Government of Vietnam.

- 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-level People's Committee for approval according to forestry 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-level People's Committee reviews and approves the starting price for forest leasing (the approved starting price for forest leasing is the basis for auctioning forest leasing).

In cases of non-approval, the provincial-level People's Committee shall issue a written response specifying the reasons.

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

Within 10 days from the date the provincial-level People's Committee approves the starting price for forest leasing, the district-level forestry professional agency signs a property auction service contract with the property auction organization according to the approved plan to conduct the forest leasing auction. The property auction service contract must be in writing and performed according to civil law and the Property Auction Law.

- Step 5: Organize the auction for forest leasing

Within 30 days from the date of signing the forest leasing auction contract, the contracted property auction organization is responsible for implementing the procedures and conducting the forest leasing auction according to auction and related legal regulations.

- Step 6: Approve the auction results for forest leasing

Within 5 days from the date of receiving the auction results, auction minutes, and the list of successful bidders, the district-level People's Committee issues a decision recognizing the auction results for forest leasing and sends it to the district-level forestry professional agency, the auction organizing unit, the leasing agency, and the successful bidder.

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

Within 30 days from the date of having a decision recognizing the auction results for forest leasing, the household or individual who won the auction is responsible for paying the forest leasing fee to the state treasury and submitting the payment receipt to the district-level forestry professional agency for reporting to the district-level People's Committee to decide on forest leasing.

- Step 8: Decision on forest leasing

Within 10 days from the date the household or individual who won the auction fulfills the financial obligation, the district-level People's Committee is responsible for reviewing and signing the decision on forest leasing for the household or individual according to Form No. 10 Appendix II attached to Decree 91/2024/ND-CP dated July 18, 2024, of the Government of Vietnam; signing the forest leasing contract according to Form No. 12 Appendix II attached to Decree 91/2024/ND-CP dated July 18, 2024, of the Government of Vietnam; directing the district-level forestry professional agency to organize the forest handover according to the regulations in point e, clause 1, Article 36 Decree 156/2018/ND-CP as amended and supplemented in clause 18, Article 1 Decree 91/2024/ND-CP dated July 18, 2024, of the Government of Vietnam.

If the time limit stipulated in point g, clause 3, Article 36 Decree 156/2018/ND-CP as amended, supplemented by Decree 91/2024/ND-CP is exceeded, and the winning household or individual does not fully pay the amount according to the auction result, the district-level forestry professional agency shall propose the district-level People's Committee to annul the result recognition decision of the auction outcome.

(2) Composition and Quantity of Dossiers

• Dossier for approval of the forest leasing auction plan: The forest leasing auction plan.

• Dossier for approval of forest leasing auction results:

  - Auction result;

           - Auction minutes;

           - List of successful bidders.

• Dossier for the decision on forest leasing:

  - Auction result;

           - Auction minutes;

           - List of successful bidders;

           - Notice on the completion of financial obligations.

(3) Time for Resolution:

- District-level People's Committee approves the forest leasing auction plan: 30 days from the plan development date.

- Provincial-level People's Committee approves the starting price for forest leasing: 30 days from the date of receiving the submission from the Department of Agriculture and Rural Development.

- Provincial-level People's Committee approves the auction results for forest leasing: 45 days from the date of signing the forest leasing auction service contract.

- District-level forestry professional agency signs a property auction service contract with the property auction organization: 10 days from the date the provincial-level People's Committee approves the starting price for forest leasing.

- The property auction organization carries out the procedures for forest leasing auction: 30 days from the date of signing the forest leasing auction contract.

- District-level People's Committee decides on forest leasing: 40 days from the date of receiving the decision recognizing the auction results.

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

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