Latest Procedures for closing and opening natural forests in Vietnam

Latest Procedures for closing and opening natural forests in Vietnam (Internet image) 

Regarding this issue, LawNet answers as follows:

1. Latest Procedures for closing and opening natural forests in Vietnam

Procedures for closing and opening natural forests according to Article 33 of Decree 156/2018/ND-CP are as follows:

-  The scheme on closing or opening of natural forests shall contain the following basic information:

+ Determination of necessity of closing or opening of natural forests;

+ Assessment of socio-economic condition, national defense and security condition in the forest zone in reality;

+ Assessment of reserves and quality of forest resources in reality and forest ecosystem and biodiversity;

+ Methods for management and implementation during closing or opening of natural forests, legal rights and benefits of parties involved in closing or opening of natural forests;

+ Determination and allocation of funding for closing or opening of forests

- Procedures for closing or opening of natural forests under the authority of the Prime Minister

+ An application for closing or opening of natural forest shall include an application form prepared by the Ministry of Agriculture and Rural Development and the scheme for closing or opening of natural forests;

+ The Ministry of Agriculture and Rural Development shall send the application specified in Point a this Clause to the Prime Minister;

+ The Prime Minister shall consider whether to close or open the natural forest within 30 working days from the date on which the satisfactory application is received.

- Procedures for closing or opening of natural forests under the authority of Chairpersons of provincial People’s Committees

+ An application for closing or opening of natural forests shall include an application form prepared by the Department of Agriculture and Rural Development and the scheme for closing or opening of natural forests;

+ The Department of Agriculture and Rural Development shall send the application specified in Point a this Clause to the Chairperson of provincial People’s Committee; The Chairperson of provincial People's Committee shall send the scheme for closing or opening of natural forests to the People's Council of the same level for approval purpose;

+ The Chairperson of provincial People’s Committee shall consider whether to close or open the natural forest in the area under its management within 10 working days from the day on which the scheme is approved by the People’s Council of the same level.

- Announcing decisions on closing or opening of natural forests

Decisions on closing or opening of natural forests shall be publicly announced on mass media throughout the country and posted on the portal of the Ministry of Agriculture and Rural Development and provincial People’s Committees.

2. Criteria applied for natural forests in Vietnam

According to Article 4 of Decree 156/2018/ND-CP, natural forests are primeval forests and secondary forests that satisfy the following requirements:

- The canopy of timbers, bamboos and family palmae (hereinafter referred to as “forest trees”) which are main components of the natural forest is at least 0.1.

- The inter-regional area is at least 0.3 ha.

- Average height of main forest trees shall be classified based upon geographical conditions as follows:

+ For natural forests on hills and plains: at least 5 m;

+ For freshwater swamp natural forests: at least 2.0 m;

+ Natural forests on land inundated by acid sulfate: at least 1.5 m

+ Natural forests on rock mountains, sandy land, salt marshes and other forests growing under special ecological conditions: at least 1.0 m

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