Application for approval of afforestation plan in Vietnam

Application for approval of afforestation plan in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is afforestation?

According to Clause 1, Article 2 of Circular 25/2022/TT-BNNPTNT, afforestation means the planting of new forests on an area of unforested land that is planned for special-use forests, protection forests, production forests, or reforestation on an area of non-forest plantations that have been liquidated while changing the forest use purpose to another purpose as prescribed by law, specifically:

- In the case of self-planting replacement forests, the project owner afforests the unforested land designated for special-use forests, protection forests, and production forests.

- In case of not self-planting replacement forests: planting forests on land without forests planned for special-use forests or protection forests; planting production forests on non-forested land managed by special-use forest management boards, protection forest management boards, and armed units; afforestation in the area of special-use plantations and non-forest protection plantations, the liquidation of planted forests in accordance with law.

Prioritize afforestation on unforested land areas planned for coastal and border forests.

2. Application for approval of afforestation plan in Vietnam

Specifically, in Clause 3, Article 3 of Circular 25/2022/TT-BNNPTNT, the application for approval of the afforestation plan includes:

- The original of the written request for approval of the afforestation plan specified in Form No. 01, Appendix II issued together with Circular 25/2022/TT-BNNPTNT;

Original of the written request for approval of the afforestation plan

- The original of the alternative afforestation plan specified in Form No. 02, Appendix II, which was issued alongside Circular 25/2022/TT-BNNPTNT;

Original of the afforestation plan

- The original afforestation estimate and design as specified in Clause 5 and Article 2 of Circular 25/2022/TT-BNNPTNT;

- A copy of the document approving the policy of specializing in forest use for other purposes issued by a competent state agency;

- Copies of any additional relevant documents (if any).

3. Procedures for approval of afforestation plans in Vietnam

The project owner submits 01 set of documents specified in Section 2 directly, via postal service, or electronically to the Department of Agriculture and Rural Development where there is an area of forest where the purpose of forest use is changed to another purpose.

In case of submission of documents via the electronic environment, the provisions of Decree 45/2020/ND-CP on implementing administrative procedures in the electronic environment shall be complied with.

(Clause 4, Article 3 of Circular 25/2022/TT-BNNPTNT)

4. Regulations on implementation of afforestation in Vietnam

The implementation of replacement afforestation is regulated as follows:

- Within 10 days after the replacement afforestation plan, estimate, and design of replacement afforestation are approved, the project owner shall pay the full amount to the provincial-level Forest Protection and Development Fund where the project owner submits the application; The Provincial Forest Protection and Development Fund shall notify the project owner in writing of the fulfillment of the obligation to plant replacement forests.

- The project owner must complete afforestation within 12 months of the approval of the alternative afforestation plan.

- In case the project owner fails to plant replacement forests as prescribed at Point b, Clause 8, Article 3 of Circular 25/2022/TT-BNNPTNT, the People's Committee of the province shall decide to organize the afforestation at another location selected by the People's Committee of the province with the money already paid by the project owner to the Provincial Forest Protection and Development Fund;

- Provincial-level Forest Protection and Development Fund disburses money for afforestation in accordance with the provisions of Point b, Clause 7, Article 2 of Circular 25/2022/TT-BNNPTNT.

(Clause 8, Article 3 of Circular 25/2022/TT-BNNPTNT)

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