The Government's solution to remove obstacles to converting forests for other purposes in Vietnam

The Government's solution to remove obstacles to converting forests for other purposes in Vietnam (Internet image)

Regarding this issue, LawNet answers as follows:

On August 31, 2023, the Government issued Resolution 139/NQ-CP on solutions to remove difficulties and obstacles in converting forests to other purposes to implement urgent projects serving socio-economic development, national defense, and security.

The Government's solution to remove obstacles to converting forests for other purposes in Vietnam

According to the provisions of Resolution 61/2022/QH15, Resolution 131/NQ-CP, forest protection and development planning, planning for 3 types of provincial forests that have been approved by competent authorities according to the provisions of law before January 1, 2019, will continue to be implemented, extend the period, and adjust the content if necessary until the national forestry planning or provincial planning for the period 2021–2030 according to the Planning Law is decided or approved by the competent authority.

Before the Law on Planning and Forestry Law took effect (January 1, 2019), the Government issued Decree 23/2006/ND-CP,
which regulates the preparation, approval, and adjustment of forest protection and development planning; Decree 92/2006/ND-CP (amended in Decree 04/2008/ND-CP) on the preparation, approval, and management of master plans for socio-economic development, including planning for special-use forests, protection forests, and production forests; the Ministries of Agriculture and Rural Development, Planning and Investment have issued circulars guiding the implementation of the above Decrees.

The Government agrees with the proposal of the Minister of Agriculture and Rural Development on a number of solutions in order to promptly remove difficulties and obstacles, ensure that the adjustment of forest protection and development planning, including the planning of 3 types of provincial forests, is implemented uniformly nationwide, strictly and in accordance with regulations, against group interests, corruption, negativity, and exploitation to legalize violations, and contribute to speeding up the implementation of urgent projects serving socio-economic development, national defense, and security, specifically as follows:

(1) For localities that do not have a provincial-level planning for the period 2021–2030 approved by competent authorities, forest protection and development planning or planning for 3 types of forests at the provincial level will continue to be implemented, extending the period and adjusting the content according to relevant laws before the effective date of the Law on Planning until the national forestry planning or provincial planning for the period 2021–2030 according to the Law on Planning is decided or approved, ensuring compliance with the provisions of Resolution 61/2022/QH15.

Provincial forest protection and development planning and planning for 3 types of provincial forests are prepared and approved according to the regulations on order and procedures of any legal documents when adjusting the content and extending the period of application of the order and procedures for adjustment specified in that legal document or the amended and supplemented document promulgated by the competent authority before the effective date of the Law on Planning.

(2) Regarding implementation responsibility

- For Chairmen of People's Committees of provinces and centrally run cities

Implement adjustments to the content and extend the period of forest protection and development planning or planning for 3 types of provincial forests as prescribed in (1), at the same time, it must ensure compliance with the norms for using production forest land, protective forest land, and special-use forest land allocated, planning, and land use plans approved by competent authorities; effectively and sustainably manage, protect, develop, and use existing forest areas, especially special-use forests, protective forests, and natural forests.

- For the Ministry of Agriculture and Rural Development

The Ministry of Agriculture and Rural Development is the lead agency and coordinates with relevant agencies to implement the following contents:

+ Check the adjustment and implementation of forest protection and development planning for 3 types of provincial forests, ensuring strictness and compliance with regulations in (1)

+ Review and propose amendments and supplements to legal regulations related to the forestry sector, ensure strict management, protection, development, and effective and sustainable use of existing forest areas, especially special-use forests, protection forests, and natural forests;

+ Promote decentralization and decentralization of power to localities in changing forest use purposes, along with strengthening the personal responsibility of leaders and having tools to inspect and monitor law enforcement, to improve the effectiveness and efficiency of state management of forestry.

Resolution 139/NQ-CP takes effect from the date of signing and is implemented until the national forestry planning or provincial planning for the period 2021–2030 under the Law on Planning that is decided or approved by competent authorities.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE