Regulations on Establishment, Appraisal, Approval, and Scope of Investment Projects

On May 14, 2018, the Ministry of Planning and Investment issued Circular 02/2018/TT-BKHDT providing guidance on the implementation of certain contents of Decision 38/2016/QD-TTg on the issuance of policies for the protection and development of forests, and investment in supporting infrastructure, assigning public utility tasks to agriculture and forestry companies.

the preparation, appraisal, approval, and scope of investment projects are regulated by Circular 02 as follows:

Preparation, Appraisal, Approval of Investment Projects

Circular 02 clearly states that the preparation, appraisal, and approval of projects shall be carried out in accordance with the provisions of the Law on Public Investment and Decree 136/2015/ND-CP, which guides the implementation of several articles of the Law on Public Investment and Decree 59/2015/ND-CP.

Project Scope

- The scale of a project for forest protection and development, or afforestation must be at least 500 hectares; for mangrove forests, it must be at least 300 hectares. In cases where a province or city directly under the Central Government does not have sufficient area, the provincial-level People's Committee may develop a forest protection and development project.- A maximum of one forest protection and development project using Central Government budget support managed by the local authority may be established in a district; the support from the Central Government budget shall comply with the provisions of Clause 4, Article 17 of Decision 38/2016/QD-TTg. In cases where there is already a special-use forest management board in the area, the special-use forest management board will act as the project owner.

Refer to related regulations in Circular 02/2018/TT-BKHDT, effective from June 29, 2018.

- Thanh Lam -

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