Regulations on replacement afforestation in Vietnam

Regulations on replacement afforestation in Vietnam (Internet image)

What is replacement afforestation?

According to Circular 25/2022/TT-BNNPTNT, replacement afforestation means the planting of new forests on unforested land planned for special-use forests, protection forests, production forests, or reforestation on unforested areas that have already been liquidated. while changing the forest use purpose to another purpose as prescribed by law, specifically:

- In case of self-planting replacement afforestation: The project owner afforests on the unforested land planned for special-use forests, protection forests, and production forests;

- In case of non-self-planting replacement afforestation: 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 on the area of special-use plantations and non-forest protection plantations, the liquidation of planted forests has been completed in accordance with law.

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

Some regulations on replacement afforestation in Vietnam

- The area of forest to be replaced when changing the forest use purpose to another purpose shall comply with the provisions of Article 21 of the Law on Forestry.

- Funding for replacement afforestation is determined by the total investment of the project that changes the forest use purpose to another purpose.

- Funding for replacement afforestation when changing the forest use purpose to another purpose shall be decided by organizations and individuals to change the forest use purpose to another purpose by the competent authority (hereinafter referred to as the project owner) and paid to the Forest Protection and Development Fund of the province or city directly under the Central Government or the Department of Agriculture and Rural Development for localities that have not yet established a Forest Protection and Development Fund (hereinafter referred to as the Provincial Forest Protection and Development Fund) according to the estimate approved by the competent authority.

- Estimation and design of replacement afforestation are determined on the basis of economic and technical norms for afforestation, forest care, and protection according to Decision 38/2005/QD-BNN; Circular 29/2018/TT-BNNPTNT; Circular 17/2022/TT-BNNPTNT; the unit price of labor day; and the price of materials and seedlings in the locality approved by the People's Committee of the province where the replacement afforestation is organized.

The replacement afforestation estimate is determined by the People's Committee of the province where the replacement afforestation organization accepts to pay the replacement afforestation fee.

- Preparation, appraisal, approval of cost estimates, design, acceptance, and handling of risks in the investment phase shall comply with the provisions of Circular 15/2019/TT-BNNPTNT.

- Management, payment, and settlement of money for replacement afforestation:

+ The Forest Protection and Development Fund opens an account at the State Treasury to receive money for replacement afforestation instead;

+ The Provincial Forest Protection and Development Fund controls the payment of replacement afforestation expenses of the project owner and organizations and individuals assigned to invest in replacing afforestation according to the provisions of Section 5, Chapter II on management of payment of capital from lawful revenues of state agencies and public non-business units for investment in public investment projects of Decree 99/2021/ND-CP;

+ Organizations and individuals assigned to replace afforestation investors shall make the final settlement according to the provisions of Decree 99/2021/ND-CP.

- The project owner fulfills the obligation to plant a replacement forest after paying the full amount and is notified in writing by the provincial Forest Protection and Development Fund of the fulfillment of the obligation to plant the replacement forest.

- Criteria for selecting a locality for planting replacement forests from the transfer of the Vietnam Forest Protection and Development Fund:

+ There is a document from the President of the People's Committee of the province registering to receive funding for afforestation according to Form No. 01 and the plan on afforestation approved by the People's Committee of the province according to Form No. 02, Appendix I issued together with Circular 25/2022/TT-BNNPTNT;

+ There is an area of land without forest that is planned for special-use forest, protection forest, or production forest according to the provisions of Point b, Clause 1, Article 2 of Circular 25/2022/TT-BNNPTNT.

+ In the event that many localities register to receive funding for afforestation instead, priority shall be given to those that have a large area of unforested land but cannot balance the budget for afforestation.

Duong Chau Thanh

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