Newest procedures for liquidation of planted forest in Vietnam

Newest procedures for liquidation of planted forest in Vietnam (Image from internet)

On October 25, 2024, the Government of Vietnam issued Decree 140/2024/ND-CP regulating the liquidation of planted forests  in Vietnam.

Newest procedures for liquidation of planted forest in Vietnam

(1) Preparing an on-site inspection record

- Within 03 working days from the conclusion of a natural disaster or epidemic period, the organization with planted forests damaged due to reasons specified in Article 4 of Decree 140/2024/ND-CP shall submit a written request for confirmation according to Form No. 01 in the Appendix issued together with Decree 140/2024/ND-CP to the district-level ranger agency or the assigned district-level specialized agency (hereafter referred to as the district-level specialized agency);

- Within 05 working days from receiving the written request, the district-level specialized agency organizes an on-site inspection to determine the cause and extent of damage to the planted forest.

The inspection team consists of representatives from the district-level specialized agency; the People's Committee of the commune where the damage occurred; the forest owner or the project investor with damaged forests; the district-level specialized agency identifying the cause (natural disaster prevention agency for causes specified in clause 1, Article 4 of Decree 140/2024/ND-CP or plant protection agency for causes specified in clause 2, Article 4 of Decree 140/2024/ND-CP); other relevant authorities and units (if any).

- The inspection results are documented in a record using Form No. 02 in the Appendix issued with this Decree.

(2) Organizations with planted forests requesting liquidation shall submit 01 dossier following the provisions of clause 1, Article 9 of Decree 140/2024/ND-CP for forests in the investment phase, or clause 2, Article 9 for forests post-investment phase, directly or via postal service or electronic medium to the receipt agency as per clause 3, Article 9 of Decree 140/2024/ND-CP.

- In case of direct submission: the receipt agency checks the dossier components and immediately informs the organization of the dossier's completeness and legality within no more than 01 working day;

- Submissions via postal service: within no more than 03 working days from receipt, the receipt agency assesses the dossier's completeness and legality; if incomplete or illegal as per legal provisions, the agency issues a written notice to the organization specifying the reasons;

- Submissions via electronic medium are handled according to regulations in Decree 45/2020/ND-CP for administrative procedures in the electronic medium: within no more than 01 working day from receiving the dossier, the receipt agency evaluates its completeness and legality; if incomplete or illegal, the agency informs the organization specifying the reasons.

(3) Within 30 days from receiving a complete, legal dossier, the receipt agency performs the tasks as specified in (4) and submits to the competent authority to decide on the liquidation of planted forests using Form No. 08 in the Appendix issued with Decree 140/2024/ND-CP. If the forests are not eligible for liquidation, the competent authority provides a written response to the organization stating the reasons.

(4) Upon receiving a complete, legal dossier, the receipt agency undertakes the following tasks:

- Submit to the competent authority to establish the Forest Liquidation Appraisal Council. The Council includes: the Chairman as the head of the receipt agency; members include representatives from the superior management agency of the organization requesting liquidation, the financial agency; experts, scientists (if any), and representatives of other relevant agencies (if any). The Appraisal Council works under part-time policies and dissolves upon completion of tasks. The Appraisal Council undertakes the following:

+ If necessary, the Chairman organizes verification and on-site inspection. Participants include representatives of the Appraisal Council; the state forestry management agency where the proposed liquidation forest area is located; the People's Committee of the commune where the proposed liquidation forest is located; the organization proposing forest liquidation; other relevant agencies (if any). The verification and inspection results are documented using Form No. 05 in the Appendix issued with this Decree;

+ Organize the Appraisal Council meeting: based on post-planting acceptance criteria (for investment phase forests) or national forestry standards (for post-investment phase forests), the Council reviews the dossier and liquidation plan. Before the meeting, Council members submit comments in writing affirmed by the member's workplace. The meeting results are documented using Form No. 06 in the Appendix issued with Decree 140/2024/ND-CP.

- After receiving the Appraisal Council's meeting minutes, the receipt agency draws up a report on the liquidation appraisal results using Form No. 07 in the Appendix issued with Decree 140/2024/ND-CP and submits to the competent authority to decide on forest liquidation. The documentation includes:

+ Dossier as required in clause 1, Article 9 of Decree 140/2024/ND-CP for investment phase forests or clause 2, Article 9 for post-investment phase forests;

+ Verification and inspection report on forest damage from Form No. 05 in the Appendix issued with Decree 140/2024/ND-CP (if the Appraisal Council conducts verification);

+ Appraisal Council meeting minutes from Form No. 06 in the Appendix issued with Decree 140/2024/ND-CP;

+ Appraisal result report using Form No. 07 in the Appendix issued with Decree 140/2024/ND-CP;

+ Draft decision on forest liquidation using Form No. 08 in the Appendix issued with Decree 140/2024/ND-CP.

(5) In cases where forest liquidation occurs before Decree 140/2024/ND-CP takes effect

- The forest liquidation dossier prepared includes: Proposal for liquidation of non-forest forming forests; copies of the forest planting design and estimate dossier; copy of the project approval decision; on-site verification record with certification from the district-level People's Committee where non-forest forming forests exist; liquidation plan for the planted forest.

- The procedure for forest liquidation in this case follows the provisions in (2), (3), and (4).

(Article 10 Decree 140/2024/ND-CP)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE