Conditions for approving the temporary forest use plan in Vietnam as of March 6, 2024

Conditions for approving the temporary forest use plan in Vietnam as of March 6, 2024

When approving the temporary forest use plan, the project must meet the following conditions:

- There must be a power grid project to develop the socio-economic situation for the national and public interest, which has been granted by a competent authority to decide the investment policy, approve the investment policy, or decide to approve the investment project according to the regulations of the law on public investment, investment under the public-private partnership method, and investment.

- In the event that the project involves both the conversion of forest use to another purpose and temporary forest use, there must be a decision on the policy of converting forest use to another purpose (for the area of land use purpose conversion). In case the project does not convert forest use to another purpose but has temporary forest use, there must be a decision on the investment policy, approval of the investment policy, or decision to approve the investment project.

- Temporary forest use is only allowed in cases where the project is required to be used on an area with forest because it is impossible to arrange on another land area. The area of temporary forest use and felling of forest trees within the area of temporary use must be minimized (do not fell forest trees with a diameter of 20 cm or more at a position from the ground to a position of 1.3m of the tree trunk).

- The area of temporary use must be investigated and assessed for the current status, reserves, and impact of temporary forest use on the forest ecosystem. The content of forest impact, reforestation, and forest restoration must be fully and detailed in the temporary forest use plan.

- The duration of temporary forest use must be clearly identified in the document requesting the decision to approve the temporary forest use plan; not exceeding the project implementation time.

- Do not temporarily use forests in the strictly protected area of special-use forests, the area of forests with endangered and rare forest plant species; do not take advantage of temporary forest use to cut down, destroy forests, hunt wildlife, exploit and transport timber and forest products in violation of the law, legalize illegally exploited timber and forest products; do not bring toxic waste, chemicals, explosives, flammable substances, flammable substances, tools, and equipment into the forest in violation of the law; Do not construct, excavate, dig, fill, dam, obstruct natural water flow, and engage in other activities that violate legal regulations and alter the natural landscape structure, damage forest resources, forest ecosystems, forest protection and development works.

- Reforestation is carried out immediately in the nearest forest planting season in the locality, but no later than 12 months from the time the temporary forest use ends in the approved temporary forest use plan; ensuring that the area of restored forest meets the criteria for becoming a forest according to the regulations of the law on forestry.

More details can be found in Decree 27/2024/NĐ-CP, taking effect on March 6, 2024.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE