Principles of replacement afforestation in Vietnam as of January 2, 2024

Principles of replacement afforestation in Vietnam as of January 2, 2024 (Internet image) 

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

1. Principles of replacement afforestation in Vietnam as of January 2, 2024

- The area for replacement afforestation when converting forest land to other purposes shall be implemented according to the regulations in Article 21 of the Forestry Law. In case organizations or individuals implementing projects convert forest land to other purposes (hereinafter referred to as project owners), they shall contribute funds to the Provincial Forest Protection and Development Fund or the Department of Agriculture and Rural Development for localities that have not yet established the Provincial Forest Protection and Development Fund (hereinafter referred to as the provincial-level Fund), and the area for replacement afforestation must not be less than the area for replacement planting that the project owner has contributed funds for.

- Provinces shall review the land area planned for protection forests, special-use forests, and production forests; carry out replacement afforestation when there is available land; and propose replacement afforestation in other provinces only when there is no available land or when the site conditions are not suitable for planting forests.

- Replacement afforestation shall be implemented within 12 months from the approved replacement afforestation Plan or from the time the project owner fulfills the obligation to contribute funds for replacement afforestation.

- Replacement afforestation is silvicultural work in projects that convert forest land to other purposes.

2. Funding for replacement afforestation as of February 1, 2024

- Provincial People's Committees shall decide the unit price or adjust the unit price for replacement afforestation when necessary, based on the economic and technical norms for forest planting as prescribed by the Minister of Agriculture and Rural Development.

- The design and estimate for replacement afforestation shall be determined based on the economic and technical norms for forest planting as prescribed by the Minister of Agriculture and Rural Development; the construction unit price for the estimated forest planting shall be determined by the Provincial People's Committee where the replacement afforestation is carried out. The process of preparing, appraising, approving designs and estimates, acceptance, and risk management in the investment phase of replacement afforestation shall comply with the regulations on the management of investment in silvicultural projects.

- The funding for replacement afforestation shall be contributed by the project owner to the provincial-level Forest Protection and Development Fund, calculated based on the area for replacement planting as prescribed in point a, clause 1 of Article 2 of Circular 25/2022/TT-BNNPTNT multiplied by the unit price for planting one hectare of forest.

- For the funding for replacement afforestation to support the planting of large timber species, support shall be implemented according to local policies; for provinces that have not issued policies to support replacement afforestation, the current state policies shall be applied.

3. Organization of replacement afforestation as of February 1, 2024

- For provinces that have independently arranged land funds for replacement afforestation: carry out forest planting on land planned for special-use forests, protection forests; plant forests on land planned for production forests of forest owners as stipulated in clauses 1, 2, 3, and 4 of Article 8 of the Law on Forestry 2017, except for private enterprises as forest owners; support the planting of large timber species (harvested after 10 years) on land planned for production forests transferred to households and individuals.

- For provinces that receive funding for replacement afforestation from other localities and do not have available land for replacement afforestation, only carry out planting of special-use forests and protection forests on land planned for special-use forests and protection forests.

Legal basis: Article 2 of Circular 25/2022/TT-BNNPTNT, amended by clause 1 of Article 1 of Circular 22/2023/TT-BNNPTNT.

Circular 22/2023/TT-BNNPTNT takes effect on January 2, 2024

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