Chương II Luật lâm nghiệp 2017: Quy hoạch lâm nghiệp

Chapter II

FORESTRY PLANNING

Article 10. Rules and bases for preparing forestry planning

1. The forestry planning shall be made in accordance with rules of law on planning and the following rules:

a) The forest planning shall be suitable for the overall national planning, national land use planning, national forestry development strategy and national strategy on biodiversity;

b) The forest planning shall ensure the sustainable forest management; harvest and use of forests associated with conservation of national resources, enhancement of economic value of forests and cultural - historical value; environmental safety, preparedness to climate change and improvement of people’s livelihood;

c) Natural forests shall be included in the planning of reserve forests, protection forests and production forests;

d) The forest planning shall ensure participation of organizations, households, individuals and communities; ensure publicity, transparency and sexual equality;

dd) Contents of forestry stated in the provincial and national forestry planning shall ensure consistency.

2. The forestry planning shall be made in accordance with bases of law on planning and the following bases:

a) The national forest planning shall be based on the overall national planning, national land use planning and national forestry development strategy;

b) Contents of forestry stated in the provincial and national forestry planning shall ensure consistency;

c) The forestry planning shall be based on natural and socio-economic conditions and national or local resources.

Article 11. Periods and contents of forestry planning

1. The period of national forestry planning shall be 10 years with an orientation from 30 to 50 years.

2. Forestry planning contents shall be in compliance with regulations law on planning including:

a) Collecting, analyzing and assessing data on natural and socio-economic conditions and actual state of forest resources; relevant policies and development orientation and planning; assessing development resources and problems need to be solved;

b) Assessing the implementation of previous forest planning on forest management, protection and development; forest products processing and trade; investment in science and technology and workforce;

c) Forecasting forest products demand and market, forest environmental services, effect of climate change, scientific and technical advances and technological advances applied to forestry;

d) Studying cases and connection of industries; determining requirements for socio-economic development of forestry;

dd) Determining points of view and development goals of forestry;

e) Sustainable development orientation of reserve forests, protection forests and production forests;

g) Development orientation of forestry infrastructure;

h) Development orientation of the market, material supplying areas and processing of forest products;

i) Solutions to and resources for implementing the planning.

Article 12. Preparation, comments, assessment, approval and adjustment of national forest planning

1. Responsibilities of organizations preparing national forest planning:

a) The Ministry of Agriculture and Rural Development shall prepare the national forest planning;

b) Ministries, ministerial authorities and People’s Committees of provinces shall cooperate with the Ministry of Agriculture and Rural Development in preparing the national forestry planning.

2. Comments on the national forest planning shall be collected as follows:

a) The Ministry of Agriculture and Rural Development shall collect comments from relevant state authorities, organizations, households, individuals and communities; consolidate, select and explain comments on the national forestry planning;

b) Comments on the national forestry planning shall be collected publicly through websites and mass media; sending comments in writing; organizing conferences or workshops;

c) The time limit for collecting comments shall be 60 days from the day on which a competent state authority makes a decision on collection of comments.

3. Assessment of the national forest planning:

a) The Prime Minister shall set up an assessment council responsible for the national forest planning;

b) The Ministry of Agriculture and Rural Development shall be the standing authority of the assessment council of the national forest planning;

c) The assessment council shall carry out assessment of the national forestry planning and send results thereof to the Ministry of Agriculture and Rural Development. The Ministry of Agriculture and Rural Development shall acknowledge and explain assessment contents;

d) Assessment contents shall include the compliance with the overall national planning, national forestry development strategy and national land use planning; actual situations, resources, demand and capability of using forests to satisfy requirements for sustainable development; socio-economic and environmental efficiency; and feasibility of the planning.

4. The Prime Minister shall approve the national forestry planning submitted by the Minister of Agriculture and Rural Development.

5. Adjustment of the national forest planning:

a) The national forest planning shall be adjusted if any change in the national overall planning, national land use planning or national forestry development strategy makes a big change in the forest planning contents mentioned in Clause 2 Article 11 herein;

b) The adjustment of the national forest planning shall be assessed and approved in accordance with the provisions of Clause 3 and Clause 4 this Article.

6. Preparation, comments, assessment, approval and adjustment of the national forest planning shall comply with provisions stated herein and regulations of law on planning.

Article 13. Provision of forestry planning preparation consulting services

1. Authorities preparing forest planning shall select qualified consulting service providers in compliance with regulations of law on bidding.

2. Consulting service providers shall have juridical person status and adequate qualifications in accordance with the Government’s regulations.