Application and procedures for conversion of forest types in Vietnam in 2024

Application and procedures for conversion of forest types in Vietnam (Newest) (Internet image)

1. Newest regulations on plans for conversion of forest types in Vietnam

According to Article 39 of Decree 156/2018/ND-CP (amended by Clause 19, Article 1 of Decree 91/2024/ND-CP), the plans for conversion of forest types in Vietnam include:

- The district-level People's Committee is responsible for developing plans for converting forest types for forest areas managed by households, individuals, communities, and the commune-level People's Committee; The Department of Agriculture and Rural Development is responsible for developing plans for converting forest types for forest areas managed by organizations, forests established by the Prime Minister of Vietnam under provincial-level management; National parks under the Ministry of Agriculture and Rural Development are responsible for developing plans for the forests assigned to their management.

- The basic contents of the forest type conversion plan include:

+ Based on legal foundations, scientific foundations, and practical conditions;

+ Characteristics of the forest area: natural conditions; socio-economic conditions; current forest resources, biodiversity status; evaluation of forest management, protection, and utilization;

+ Determining the area, scope, and boundaries of the forest type on the map;

+ Identifying the reasons for forest type conversion, management contents, solutions, and organizational implementation for forest management;

+ Estimating the budget; implementation of the plan.

2. Application and procedures for conversion of forest types in Vietnam (Newest)

According to Article 40 of Decree 156/2018/ND-CP (amended by Clause 20, Article 1 of Decree 91/2024/ND-CP), the application and procedures for conversion of forest types in Vietnam are prescribed as follows:

* The dossier requesting forest type conversion includes: a request document from the agency developing the forest type conversion plan; the explanation of the forest type conversion plan.

* Procedures for converting forest types for forests established by the Prime Minister of Vietnam

- The organization specified in Clause 1, Article 39 of Decree 156/2018/ND-CP is responsible for developing the forest type conversion plan, sending directly or via postal services or through electronic means 01 set of dossier as prescribed in Clause 1, Article 40 of Decree 156/2018/ND-CP to the Ministry of Agriculture and Rural Development;

If the dossier is not valid, within 03 working days from the date of receipt, the Ministry of Agriculture and Rural Development will respond in writing, stating the reasons;

- Within 30 days from the date of receipt of a valid dossier, the Ministry of Agriculture and Rural Development will appraise and submit it to the Prime Minister of Vietnam for consideration and decision on forest type conversion;

- Within 20 days from the date of receipt of the Ministry of Agriculture and Rural Development's submission, the Prime Minister of Vietnam will consider and decide on the forest type conversion.

* Procedures for converting forest types for forests not governed by Clause 2, Article 40 of Decree 156/2018/ND-CP

- The agency specified in Clause 1, Article 39 of Decree 156/2018/ND-CP is responsible for developing the forest type conversion plan, sending directly or via postal services or through electronic means 01 set of dossier as prescribed in Clause 1, Article 39 of Decree 156/2018/ND-CP to the provincial-level People's Committee;

If the dossier is not valid, within 03 working days from the date of receipt, the provincial-level People's Committee will respond in writing, stating the reasons;

- Within 15 days from the date of receipt of a valid dossier, the provincial-level People's Committee will organize an appraisal and submit it to the provincial-level People's Council for consideration and decision on the forest type conversion policy;

- The provincial-level People's Council will consider and decide on the forest type conversion policy according to legal regulations;

- Within 15 days from the date of the forest type conversion policy decision by the provincial-level People's Council, the provincial-level People's Committee will decide on the forest type conversion.

* Based on the forest type conversion decision of the competent authority, the provincial-level People's Committee will update it into the forest and land management records in accordance with the legal provisions on forestry and land.

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