Nghị định 27/2024/NĐ-CP sửa đổi Nghị định 156/2018/NĐ-CP hướng dẫn Luật Lâm nghiệp

DECREE

AMENDMENTS TO GOVERNMENT'S DECREE NO. 156/2018/ND-CP DATED NOVEMBER 16, 2018 ELABORATING THE LAW ON FORESTRY

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019; 

Pursuant to the Law on Forestry dated November 15, 2017;

At the request of the Minister of Agriculture and Rural Development of Vietnam;

The Government promulgates a Decree providing amendments to the Government's Decree No. 156/2018/ND-CP dated November 16, 2018 elaborating the Law on Forestry.

Article 1. Amendments to Government's Decree No. 156/2018/ND-CP dated November 16, 2018 elaborating the Law on Forestry

1. Clause 9 is added to Article 3 as follows:

“9. Temporary forest use means the use of a forest area for executing temporary works serving the construction of power grid projects for the socio-economic development in national and public interests in accordance with regulations of laws on construction, electricity and other relevant laws without repurposing this forest area.”

2. Article 42a is added as follows:

“Article 42a. Temporary forest use

1. Conditions for approving a temporary forest use plan

In order to obtain approval for the temporary forest use plan, the project is required to meet the following conditions:

a) There is a power grid project for socio-economic development in the national and public interests for which the investment policy decision or investment policy approval or decision on approval of investment project has been issued by a competent authority in accordance with regulations of the law on public investment, the law on investment in the form of public-private partnerships and the investment law.

b) In case both forest repurposing and temporary forest use are defined in the project, there must be a decision on the policy for forest repurposing (in respect of the forest area to be repurposed). If only the temporary forest use is defined in the project, there must be an investment policy decision or investment policy approval or decision on approval of investment project.

c) The temporary forest use is allowed only if the project must use forested area because it cannot be implemented on other land. The forest area temporarily used and cutting down of forest trees within this area must be minimized (do not cut down forest trees with a diameter of 20 cm or more in the position from the ground to the position of 1.3m of the trunk).

d) The forest area temporarily used shall be subject to investigation and assessment of current status, reserves and impacts of temporary forest use on the forest ecosystem. Impacts on the forest, reforestation, and forest restoration must be fully specified in the temporary forest use plan.

dd) The duration of temporary forest use must be clearly defined in the application form for approval of the temporary forest use plan; and must not exceed the project duration.

e) The following acts are prohibited: temporarily use forest areas in strictly protected areas of reserve forests or forest areas containing endangered and rare forest plants; take advantage of the temporary forest use for cutting trees, deforestation, hunting of forest animals, exploitation and transportation of timber and foreign products in contravention of laws, or for legalization of illegally harvested timber and forest products; bring wastes, toxic chemicals, explosives, flammable substances, tools and other instruments into forests in contravention of laws; build, dig, dam, block natural flows and do other activities in contravention of laws resulting in changes in the natural landscape structure, destruction of forest resources, forest ecosystems, and forest protection and development works.

g) The reforestation shall be carried out immediately during the latest afforestation season in the locality but not later than 12 months from the termination of the temporary forest use duration defined in the approved temporary forest use plan; the restored forest area must meet the criteria for becoming a forest under the Law on Forestry.

2. Power to approve a temporary forest use plan

Chairpersons of provincial People’s Committees shall decide to approve plans for temporary use of forests for executing temporary work items serving the implementation of power grid projects for the socio-economic development in the national and public interests. In cases where the temporarily used forest area falls under the management of a forest owner that is an affiliated unit of a Ministry or central-government authority, the Chairperson of the relevant provincial People's Committee shall seek written opinions and obtain the consent from such regulatory Ministry or central-government authority before giving approval for the temporary forest use plan.

3. Documentation requirements

An application for approval of a temporary forest use plan includes:

a) An application form for approval of the temporary forest use plan or the revised temporary forest use plan which is made by the project owner according to Appendix I enclosed herewith;

b) A copy of the decision on the forest repurposing policy or a copy of the decision on forest repurposing. If the forest repurposing is not required in the project, a copy of the investment policy decision or investment policy approval or decision on approval of investment project shall be submitted;

c) The original explanatory report and current-status map of the forest area to be put into temporary use as requested. The explanatory report must clearly indicate the location (forest plot, and sub-zone; administrative division), forest area by type of forest (reserve forest, protective forest and production forest), origin of the forest (natural forest or cultivated forest), forest reserves, tree species (for cultivated forest); Map (of the current status of forest area to be put into temporary use) of the scale of 1/5.000 must clearly show the location (forest plot, and sub-zone; administrative division), the scope and boundaries of the forest area to be put into temporary use;

d) The temporary forest use plan or the revised temporary forest use plan which is made by the project owner according to Appendix II enclosed herewith.

4. Procedures for approving temporary forest use plan

a) The project owner that wishes to apply for approval of a temporary forest use plan or revised temporary forest use plan shall submit an application which includes adequate documents prescribed in clause 3 of this Article directly, by post, or electronically to the relevant provincial Department of Agriculture and Rural Development.

If the application is invalid, within 03 working days from the date of receipt of the application, the provincial Department of Agriculture and Rural Development shall give a written response clearly stating the reasons therefor.

b) Within 07 working days from the date of receipt of a valid application, the provincial Department of Agriculture and Rural Development shall inspect and verify the explanatory report and current-status map of the forest area to be put into temporary use as requested, and carry out an appraisal of the temporary forest use plan or revised temporary forest use plan; and then petition the provincial People's Committee to consider granting approval for the temporary forest use plan or revised temporary forest use plan (documents presented to the provincial People's Committee include those prescribed in clause 3 of this Article and the appraisal report).

c) In cases where the temporarily used forest area falls under the management of a forest owner that is an affiliated unit of a Ministry or central-government authority, within 03 working days from the date of receipt of the report and application from the provincial Department of Agriculture and Rural Development, the provincial People's Committee shall seek opinions from such regulatory Ministry or central-government authority. Documents sent to get opinions include: The written request for opinions made by the provincial People's Committee, the appraisal report and the application prescribed in clause 3 of this Article.

Within 05 working days from the date of receipt of the documents sent to get opinions from the provincial People's Committee, the requested Ministry or central-government authority shall give their written opinions to the provincial People's Committee.

Within 05 working days from the date of receipt of opinions from the relevant Ministry or central-government authority, the Chairperson of the provincial People's Committee shall consider issuing a decision on approval of the temporary forest use plan or revised temporary forest use plan according to Appendix III enclosed herewith. If an application is refused, the Chairperson of the provincial People's Committee shall give a written response clearly indicating reasons for such refusal.

d) In cases where the opinions from the regulatory Ministry or central-government authority are deemed unnecessary, within 05 working days from the date of receipt of the report and application from the provincial Department of Agriculture and Rural Development, the Chairperson of the provincial People's Committee shall consider issuing a decision on approval of the temporary forest use plan or revised temporary forest use plan according to Appendix III enclosed herewith. If an application is refused, the Chairperson of the provincial People's Committee shall give a written response clearly indicating reasons for such refusal.

5. Amendments to decision on approval of temporary forest use plan

a) If there are changes in the location and scope of the temporarily used forest area which do not result in an increase in the forest area to be temporarily used compared to that approved by a competent authority, and the conditions set out in clause 1 of this Article are still met, amendments to the decision on approval of temporary forest use plan shall not be required, provided that such changes must be reported by the project owner to the Chairperson of the relevant provincial People’s Committee.

b) Amendments to the decision on approval of temporary forest use plan shall be required if there are any changes in the contents of the approved temporary forest use plan other than those mentioned in point a of this Clause. Documentation requirements and procedures for obtaining approval of the revised temporary forest use plan shall comply with clauses 3 and 4 of this Article. Re-submission of a document which has been submitted when applying for approval of the temporary forest use plan as prescribed in clause 3 of this Article shall not be required if there is no change in its contents.

c) Power to make amendments to a decision on approval of temporary forest use plan shall comply with the provisions of clause 2 of this Article.

6. Salvage harvesting of forest products and reforestation

a) Forest harvesting on the temporarily used forest areas shall comply with provisions on salvage harvesting of forest products included in regulations of the Ministry of Agriculture and Rural Development of Vietnam on management and tracing of forest products.

b) Project owners shall assume responsibility to carry out reforestation upon termination of temporary forest use duration. Reforestation, inspection and acceptance of reforestation tasks shall comply with regulations adopted by the Minister of Agriculture and Rural Development of Vietnam on silvicultural measures and management of investment in silvicultural projects. Reforestation of natural forests shall only be done using native species.”

Article 2. Implementation

1. This Decree comes into force from March 06, 2024.

2. Transition

The implementation of plans for use of forests and reforestation which have been approved under the Government’s Resolution No. 23/NQ-CP dated February 23, 2023 still continues.

Article 3. Responsibility for implementation

1. The Ministry of Agriculture and Rural Development of Vietnam shall perform state management tasks to inspect the temporary use of forests in accordance with the provisions of this Decree; promptly deal with difficulties arising during the implementation of this Decree within its jurisdiction, or report such difficulties falling beyond its jurisdiction to competent authorities.

2. The Ministry of Industry and Trade of Vietnam shall direct the formulation and modification of power plannings, and issue decisions on approval of power grid projects within its jurisdiction following the rule that the temporary use of forests, especially natural forests, for implementation of power grid projects must be minimized.

3. Provincial People's Committees shall:

a) assume responsibility for contents of decisions on approval of temporary forest use plans and revised temporary forest use plans; inspect the temporary use of forests by organizations and projects owners; assume responsibility for any breach of conditions for approval of temporary forest use plans and revised temporary forest use plans if any of the following acts occurs during the implementation of the temporary forest use plan, including: cutting trees, deforestation, exploitation and transportation of timber and foreign products in contravention of laws, or causing changes in the natural landscape structure of the forest ecosystems; submit annual reports on temporary forest use results to the Ministry of Agriculture and Rural Development of Vietnam by December 31 each year.

b) direct local forestry authorities to instruct and inspect project owners and forest owners during the implementation of approved temporary forest use plans, inspect the reforestation, assessment and acceptance of reforestation tasks upon termination of temporary use of forests.

4. Owners of power grid projects shall: only use forests for executing temporary work items serving the implementation of power grid projects after temporary forest use plans have been approved by competent authorities; implement temporary forest use plans approved by competent authorities; assume responsibility for any loss of forests, cutting of trees, or destruction of forest ecosystems and environment during the execution of temporary works.

5. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of Provincial People’s Committees and relevant authorities, organizations and individuals are responsible for the implementation of this Decree./.

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