Chương III Nghị định 156/2018/NĐ-CP: Giao rừng, cho thuê rừng, chuyển loại rừng, chuyển mục đích sử dụng rừng sang mục đích khác, thu hồi rừng

Chapter III

FOREST ALLOCATION AND LEASE, CONVERSION OF FOREST TYPES, FOREST REPURPOSING AND FOREST APPROPRIATION

Section 1. FOREST ALLOCATION AND LEASE

Article 35. Plans for allocating and leasing out forests

1. Preparing plans for allocating and leasing out forests

a) Commune-level People’s Committees shall prepare annual plan for allocating and leasing out forests and send written notification of proposal of registration of demands for allocating and leasing out forests to district-level People’s Committees. Written announcement about preparation, appraisal and approval of plans for forest allocation or lease shall be issued in conjunction with preparation, appraisal and approval of district-level annual land use plan.

b) Commune-level People’s Committees shall send a consolidated report on local demands for forest allocation or lease made according to Form No.1 provided in Appendix II thereto to district-level People’s Committees within 20 working days from the day on which the application for registration of forest allocation/lease demands is received;

c) District-level People's Committees shall make a consolidated report on unallocated/unleased forest area and determine criteria for allocating or leasing out forests to each commune-level administrative agency, gather demands and predict allocation or lease of forests to each commune-level administrative agency.

2. The plan for allocating or leasing out forests shall contain the following information:

a) Area of types of forests available in districts and communes including total forest area, allocated/leased forest area and unallocated/unleased forest area;

b) Forest area requested for allocation or lease in each commune and locations of the allocated or leased forests;

c) Quotas on forest allocation to family households, individuals and community in consistent with land allocation quotas;

d) Assessment of impacts of forest allocation or lease plans on society - economy, environment, national defense and security; proceeds from forest allocation or lease; job creation, labor attraction, hunger elimination and poverty reduction; capability of reasonable forest resources exploitation; requirements for forest development and conservation and forest density in association with preservation of landscape and culture of ethnic groups and elements affecting to national defense and security;

dd) Determination of finance, labor and technique resources, methods and schedule for implementing forest allocation or lease.

3. Granting approval for forest allocation or lease plans

a) District-level People's Committees shall send an application for forest allocation or lease including an application form, forest allocation or lease plan, general explanation report and a map of forest allocation or lease plan to the Department of Agriculture and Rural Development in Quarter III every year.

b) The Department of Agriculture and Rural Development shall appraise such application and send it to the provincial People's Committee for approval purpose within 15 working days from the day on which the satisfactory application is received. In case such application is found unsatisfactory, the Department of Agriculture and Rural Development shall inform the commune-level People’s Committee to provide additional information;

c) Provincial People’s Committees shall grant approval for annual forest allocation or lease plan of commune level before December 31.

4. The district-level People's Committee shall post up the approved forest allocation or lease plan at its office and the office of the commune-level People's Committee in place where forests are allocated or leased out within 30 days from the day on which such plan is approved.

Article 36. Procedures for forest allocation and forest lease in consistent with land allocation and land lease

Procedures for forest allocation and forest lease in consistent with land allocation and land lease shall be carried out under provisions of the law on land and the following regulations:

1. Application form for forest allocation or lease or land allocation or lease shall be made according to Form No.2 for organizations or Form No.3 for family households, individuals and community which is provided in Appendix II issued thereto.

2. The receiving authority shall transfer the application to the forestry management authority for opinion asking within 2 working days from the day on which the satisfactory is received. The forestry management authority shall send its opinion in writing to the environment and resource agency within 5 working days from the day on which the application is received.

3. Decisions on land allocation or lease or forests allocation or lease shall be made according to Forms specified in this Decree as follows:

a) Decisions on allocating land or forest to organizations shall be made according to Form No.4 provided in Appendix II issued thereto;

b) Decisions on leasing out land or forest to organizations shall be made according to Form No.5 provided in Appendix II issued thereto;

c) Decisions on allocation land or forest to family households, individuals or community shall be made according to Form No.6 provided in Appendix II issued thereto;

c) Decisions on leasing out land or forest to family households, individuals or community shall be made according to Form No.7 provided in Appendix II issued thereto.

4. The Director of Department of Agriculture and Rural Development shall enter into a contract for forest lease with the organization (the lessee) and Chairperson of district-level People's Committee shall enter a contract with the family household or individual (the lessee) according to Form No.8 provided in Appendix II issued thereto within 3 working days from the day on which the decision on leasing out land or forest is issued.

Article 37. Completing dossiers on forest allocation or forest lease in case of allocated land or leased forested land or recognition of forested land use rights without any forest allocation or lease dossier

1. Organizations, family households, individuals and community whose land is allocated or whose forested land is leased or having their forested land use rights recognized shall cooperate with forestry management authorities of various levels in completing dossiers on forest allocation or forest lease.

2. The environment and resources agency shall provide information on allocated or leased land area or land of which the use right is recognized specified in the cadastral dossier to various-level forestry management authorities for them to complete dossiers on forest allocation or forest lease.

3. Various-level forestry management authorities shall inspect and review forest information recorded in the cadastral dossier and in reality, including forest use purposes, forest area, origin, location, boundaries and real condition and reserves of the forest and complete dossiers on forest allocation or forest lease.

Article 38. Completing dossiers on land allocation or land lease in case of allocated forests or leased forests

1. Organizations, family households, individuals and community whose forest is allocated or leased but not having their land use rights recognized shall provide information to the environment and resources agencies of various levels for them to complete dossiers on land allocation or land lease.

2. Various-level forestry management authorities shall provide information on dossiers on forest allocation or forest lease to the environment and resources agency of the same level for the purpose of completing dossiers on land allocation or land lease and issuing land use rights certificates.

3. The environment and resources agency shall take charge and cooperate with various-level forestry management authorities in verifying applications for land allocation or land lease and carry out field inspection, and send such applications to People's Committees of the same level for them to issue land allocation decisions and land use right certificates as per provisions of the law on land.

Section 2. CONVERSION OF FOREST TYPES AND FOREST REPURPOSING

Article 39. Plans for conversion of forest types

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

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

a) Legal and scientific bases and real condition;

b) 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;

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

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

dd) General funding estimate and organization of plan implementation

Article 40. Procedures for conversion of forest types

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

a) 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;

b) 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;

c) 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.

d) 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;

dd) 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.

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

b) 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;

b) 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;

c) 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;

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

Article 41. Procedures for deciding the policy on forest repurposing

1. In case the policy is under authority of the National Assembly: the procedure for deciding the forest repurposing policy is not required if the forest repurposing project has investment guidelines decided by the National Assembly.

2. For the case in which the policy is under authority of the Prime Minister

a) The investor shall send 2 applications for forest repurposing to the Ministry of Agriculture and Rural Development directly or by post if the forest is under management of such Ministry. The application shall include an application form, a report on investment plan proposal, written appraisal of such report provided by relevant entities;

b) The Ministry of Agriculture and Rural Development shall consider then send such application to the Prime Minister for deciding the policy on forest repurposing within 30 working days from the day on which the satisfactory application is received.

c) The investor shall send 2 applications for forest repurposing to the Department of Agriculture and Rural Development directly or by post in case the forest in under provincial management. The application shall include an application form, a report on investment plan proposal, written appraisal of such report provided by relevant entities;

d) The Department of Agriculture and Rural Development shall consider the application then send it to the provincial People's Committee and the Prime Minister for deciding the forest repurposing policy within 15 working days from the day on which the satisfactory application is received;

dd) The Prime Minister shall consider deciding the forest repurposing policy within 30 working days from the day on which the satisfactory application is received;

e) The aforesaid regulation shall not apply to the case in which the investment policy is already decided by the Prime Minister.

3. For the case in which the policy is under authority of provincial People's Committees

c) The investor shall send 2 applications for forest repurposing to the Department of Agriculture and Rural Development directly or by post in case the forest to be repurposed is owned by an organization. The application shall include an application form, a report on investment plan proposal, written appraisal of such report provided by relevant entities;

b) The Department 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;

c) The investor shall send 2 applications for forest repurposing to the district-level People’s Committee directly or by post. The application shall include an application form, a report on investment plan proposal, written appraisal of such report provided by relevant entities;

d) The district-level People’s Committee 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;

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

e) The aforesaid regulation shall not apply to the case in which the investment policy is already decided by the provincial People’s Council.

Article 42. Procedures for forest repurposing

1. The procedure for forest repurposing shall be in consistent with the procedure for land repurposing.

2. The environment and resources agency shall cooperate with the forestry management authority in checking the dossier of forest repurposing conditions as prescribed in Article 19 of the Forestry Law and review and define location, area and real condition of such forest before granting approval for forest repurposing.

3. The decision on land repurposing issued by the competent authority shall indicate location and area of the forest to be repurposed as approved.

4. The application form for forest repurposing enclosed with the application for forest repurposing shall be made according Form No.9 for organizations or Form No.10 for family households, individuals and community which is provided in Appendix II issued thereto.

Section 3. FOREST APPROPRIATION

Article 43. Procedures for forest appropriation and conversion of forest types

1. The procedure for forest appropriation or forest conversion shall be consistent with the procedure for land appropriation or land conversion in compliance with provisions of the law on land.

2. In case the forest is appropriated as prescribed in Point a, b and dd Clause 1 Article 22 of the Forestry Law, such appropriation shall be done based upon inspection and violation handling results provided by competent regulatory agencies in addition to regulations in Clause1 this Article.

3. District-level People’s Committees shall instruct commune-level People's Committees to manage forests appropriated for allocation or lease purpose.

Article 44. Compensation in case of appropriation of allocated or leased forests beyond the power or wrong forest appropriation

1. Competent People’s Committees shall take responsibility to establish a valuation council to:

a) determine unpaid forest rent in total amount paid to the State by the forest owner in which the amount paid is not originated from state budget;

b) determine increased forest product value, value of planted production forests and other assets legally invested by forest owners on the allocated or leased forest area in which the investment capital is not originated by state budget.

2. The State shall make compensation for unpaid forest rent, increased forest product value and value of planted production forests and other assets legally invested specified in Clause 1 this Article to the forest owners as per law provisions on compensation responsibility of the State.

3. Compensation shall be made as specified in Clause 2 this Article in case of appropriation of planted production forests of which ownership is already transferred.

4. In case the owner of the forest to be appropriated has put the value of planted production forest as a security or guarantee or to contribution, beneficiaries thereof shall be compensated as per civil law provisions.