Forms of liquidation of planted forests in Vietnam

Forms of liquidation of planted forests in Vietnam
Nguyen Thi Diem My

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

Forms of liquidation of planted forests in Vietnam

Forms of liquidation of planted forests in Vietnam include:

- Cutting and clearing forests for planted forests with no forestry product value;

- Selling harvested forestry products for planted forests with forestry product value.

- Based on the type of forest and specific cases regulated in Article 7 of Decree 140/2024/ND-CP, the competent authority decides on the liquidation of planted forests by selecting an appropriate form of liquidation in accordance with the local conditions and carrying out exploitation in line with forestry laws.

Cases of Forests Eligible for Liquidation in Vietnam 

- Planted forests in the investment phase damaged due to reasons specified in Article 4 of Decree 140/2024/ND-CP and not meeting acceptance criteria post-planting as per legal regulations on forestry project investment.

- Planted forests post-investment phase damaged due to reasons specified in Article 4 of Decree 140/2024/ND-CP and not meeting national standards for planted forests. Only utilize or cut down trees that cannot be restored; trees that can be rehabilitated must be listed, counted, and proposed for recovery solutions in the Forest Liquidation Plan according to Form No. 04 in the Appendix attached to Decree 140/2024/ND-CP.

Principles of Liquidation of Planted Forests in Vietnam

- Compliance with forestry laws; public investment management laws, and public asset management and use laws.

- Conduct forest liquidation promptly to avoid loss and waste of funds and assets.

- Perform liquidation for damaged planted forest areas with complete legal documentation as required by law.

- Restore forests post-liquidation in accordance with forestry legal regulations.

Causes for Liquidation of Planted Forests in Vietnam

- Due to natural disasters as regulated by disaster prevention laws, including: storms, tropical depressions, strong winds at sea, tornadoes, lightning, heavy rain, floods, flash floods, inundation; landslides, ground subsidence due to rain, floods, flow or drought; sea level rise, saltwater intrusion, heat, drought, wildfires due to natural causes, cold spells, hail, fog, frost, earthquakes, tsunamis, and other types of natural disasters, incidents, disasters.

- Due to pest, disease, and other harmful forest organisms.

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

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