Application and procedures for approval for plans for harvesting ordinary forest plants in Vietnam

Application and procedures for approval for plans for harvesting ordinary forest plants in Vietnam (Internet image)

Procedures for approval for plans for harvesting ordinary forest plants in Vietnam 

According to Circular 26/2022/TT-BNNPTNT, the procedures for approval for plans for harvesting ordinary forest plants in Vietnam are as follows:

(1) Cases of approval for a harvesting plan:

- Salvage logging of ordinary forest plant species from natural forests;

- Full utilization of ordinary forest plant species from natural forests;

- Harvesting of non-timber forest plants from ordinary forest plant species from natural forests which are classified as reserve forests;

- Collection of ordinary forest plant specimens serving scientific and technological researches from reserve forests;

- Harvesting of ordinary forest plant species from planted forests whose ownership is represented by the State;

- Harvesting of ordinary forest plant species from planted protection forests whose investment is stimulated by organizations, individuals, household businesses, and residential community.

(2) Authorities having power to approve (hereinafter referred to as “approving authorities”):

- The Ministry of Agriculture and Rural Development shall approve the harvesting plan in the cases prescribed in Points a, b, c, d and dd Clause 1 of this Article for forest area controlled by the Ministry of Agriculture and Rural Development;

- The district-level People’s Committees shall approve the harvesting plan in the case prescribed in Point dd Clause 1 of this Article invested by individuals, household businesses, residential community; plans for salvage logging and full utilization of timber from production forests which are natural forests managed by individuals, household businesses, residential community;

- The Department of Agriculture and Rural Development shall approve the harvesting plan in cases other than those prescribed in Points a and b of this Clause;

(3) An application shall include:

- The original application for approval for harvesting plan using Form No. 10 in the Appendix enclosed herewith;

- The original harvesting plan using Form No. 11 in the Appendix enclosed herewith;

- A copy of the decision on forest repurposing or copy of the decision on approval for the silviculture project or documents proving the implementation of silviculture measures or scientific research program/project that has been approved by a competent authority in the cases prescribed in Points a and d Clause 1 of this Article.

(4) Procedures:

- The forest owner or the organization/individual who is authorized by the forest owner shall submit in person or via postal service or by an electronic mean 01 dossier prescribed in Clause 3 of this Article to the approving authority prescribed in Clause 2 of this Article. In case the dossier is submitted via an electronic mean, it shall comply with the regulations in Decree No. 45/2020/ND-CP.

- Time limit for informing the applicant of the validity of the dossier:

In case the dossier is submitted in person, the aproving authority shall check documents of the dossier and immediately inform the forest owner or the organization/individual authorized by the forest owner of the validity of the dossier.

In case the dossier is submitted via postal service or an electronic mean, within 01 working day after receiving the dossier, the approving authority shall consider the validity of the documents of the dossier; if the dossier is invalid as prescribed, a written notification specifying reasons for the invalidity shall be sent.

- Within 10 working days from the day on which a valid dossier is received, the approving authority shall approve the harvesting plan and return results to the forest owner or the organization/individual authorized by the forest owner. In case of rejection, a written notification specifying reasons thereof shall be given.

The approving authority which has approved the harvesting plan shall send a copy of the approved harvesting plan to the local forest protection authority where the harvesting is carried out for monitoring, inspection and supervision.

Duong Chau Thanh

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