What are regulations on liquidation of planted forests in Vietnam? What are cases of liquidation of planted forests in Vietnam?

What are regulations on liquidation of planted forests in Vietnam?

According to Clause 2, Article 3 of Decree 140/2024/ND-CP, the explanation of the liquidation of planted forests in Vietnam is as follows:

The liquidation of planted forests involves the financial and asset management concerning forests that have been damaged due to reasons specified in Article 4 of Decree 140/2024/ND-CP.

Article 4 of Decree 140/2024/ND-CP specifies the causes for the liquidation of planted forests as follows:

(1) Due to natural disasters as regulated by law on disaster prevention, including: storms, tropical depressions, strong winds at sea, whirlwinds, lightning, heavy rains, floods, flash floods, inundations; landslides, land subsidence due to rain or runoff or drought; tidal waves, saltwater intrusion, extreme heat, drought, forest fires due to natural causes, harsh cold, hail, fog, frost, earthquakes, tsunamis, and other types of disasters, incidents, catastrophes.

(2) Due to pest infestations, diseases, and other organisms harmful to forests.

In Clause 1, Article 3 of Decree 140/2024/ND-CP, forest plantations are defined as follows:

Planted forests owned by the public are those fully invested by the State through programs, projects, scientific, and technological tasks (hereinafter referred to as projects); forests planted by state-owned organizations funded by reforestation investments when changing the purpose of forest use; forests retrieved by the State, donated, or transferred ownership according to the law.

What are regulations on liquidation of planted forests in Vietnam?  (Image from internet)

What are cases of liquidation of planted forests in Vietnam?

- Planted forests in the investment phase are damaged due to one of the reasons specified in Article 4 of Decree 140/2024/ND-CP and do not meet the acceptance criteria after planting according to the law on investment in forestry construction.

- Planted forests after the investment phase are damaged due to one of the reasons specified in Article 4 of Decree 140/2024/ND-CP and do not meet national standards for planted forests. Only utilize or cut down trees that cannot recover; trees that can recover are recorded, assessed, and solutions for recovery are proposed in the Forest Liquidation Plan according to Form No. 04 in the Appendix attached to Decree 140/2024/ND-CP.

(Article 7 of Decree 140/2024/ND-CP)

What are the regulations for the documentation of forest liquidation in Vietnam?

Specifically: in Article 9 of Decree 140/2024/ND-CP, regulations for the documentation of forest liquidation from October 25, 2024, are as follows:

- Documentation for forests in the investment phase includes:

+ Request for forest liquidation according to Form No. 03 in the Appendix issued with Decree 140/2024/ND-CP;

+ Forest Liquidation Plan according to Form No. 04 in the Appendix issued with Decree 140/2024/ND-CP;

+ On-site inspection reports determining cause and damage to forests according to Form No. 02 in the Appendix issued with Decree 140/2024/ND-CP. If on-site inspection reports were prepared under the law before Decree 140/2024/ND-CP took effect, organizations with forests requesting liquidation may use these reports to carry out the liquidation procedures:

+ Copies of the design, afforestation estimation documents;

+ Copy of approval decision (project, topic...) by the competent state authority;

+ Copies of annual work acceptance reports;

+ Copies of annual financial statements;

+ Other related documents (if any).

- Documentation for forests after the investment phase includes:

+ Request for forest liquidation according to Form No. 03 in the Appendix issued with Decree 140/2024/ND-CP;

+ Forest Liquidation Plan according to Form No. 04 in the Appendix issued with Decree 140/2024/ND-CP;

+ On-site inspection reports determining cause and damage to forests according to Form No. 02 in the Appendix issued with Decree 140/2024/ND-CP. If on-site inspection reports were prepared under the law before Decree 140/2024/ND-CP took effect, organizations with forests requesting liquidation may use these reports to carry out the liquidation procedures:

+ Copies of the design, afforestation estimation documents;

+ Copy of approval decision (project, topic...) by the competent state authority;

+ Copies of project completion financial settlement reports;

+ Other related documents (if any).

Regarding the agency receiving documentation:

- The sectoral management agency for forestry under the Ministry of Agriculture and Rural Development assigned by the Minister of Agriculture and Rural Development;

- Specialized agencies under ministries, central agencies assigned by ministers of ministries, heads of central agencies;

- Sectoral management agency for forestry at the local level assigned by the Chairman of the Provincial People's Committee.

More details can be found in Decree 140/2024/ND-CP effective from October 25, 2024.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE