Latest regulations on plans for conversion of forest types in Vietnam

Latest regulations on plans for conversion of forest types in Vietnam (Internet image) 

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

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

Plans for conversion of forest types according to Article 39 of Decree 156/2018/ND-CP are as follows:

- Forest owners shall prepare plans for converting types of forests.

- The plan for conversion of forest types shall include the basic following information:

+ Legal and scientific bases and real condition;

+ Forest characteristics in terms of its natural condition, socio-economic condition, resources and biodiversity in reality and assessment of management, protection and use of the forest;

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

+ Cause for forest type conversion, management scope, methods and management of the forest;

+ General funding estimate and organization of plan implementation

2. Procedures for conversion of forest types in Vietnam

Procedures for conversion of forest types in Vietnam according to Article 40 of Decree 156/2018/ND-CP are as follows:

- With regard to forest zones established as decided by the Prime Minister

+ The forest owner shall send 2 applications for conversion of forest type to the Ministry of Agriculture and Rural Development directly or by post if the forest is under management of Ministry of Agriculture and Rural Development. The application includes an application form and plan for conversion of forest type;

+ The forest owner shall send 2 applications for conversion of forest type to the Department of Agriculture and Rural Development directly or by post in case the forest is under management of the provincial People’s Committee. The application includes an application form and plan for conversion of forest type;

+ The Department of Agriculture and Rural Development shall take charge of application appraisal and inform the provincial People's Committee for proposals to the Ministry of Agriculture and Rural Development and the Prime Minister for the purpose of deciding conversion of forest type within 15 working days from the day on which the satisfactory application is received.

+ The Ministry of Agriculture and Rural Development shall consider the application then send proposals of decision on conversion of forest types to the Prime Minister within 30 working days from the day on which the satisfactory is received;

+ The Prime Minister shall consider whether to grant approval for conversion of forest type within 30 working days from the day on which the satisfactory is received.

- With regard to forest zones established as decided by the provincial People’s Committees

+ The forest owner shall send 2 applications for conversion of forest type, each includes an application form and conversion plan, to the Department of Agriculture and Rural Development directly or by post;

+ The Ministry of Agriculture and Rural Development shall send such application to the provincial People's Committee for consideration within 15 working days from the day on which the satisfactory application is received;

+ The provincial People’s Committee shall send such application to the People’s Council of the same level for considering and deciding the policy on conversion of forest type 15 days before the next meeting of such People's Council. The People’s Council shall issue a Resolution on for conversion of forest types 15 days after the meeting;

+ The provincial People's Committee shall issue a decision on conversion of forest types within 15 working days after the policy is promulgated.

3. 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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