Chương III Thông tư 28/2018/TT-BNNPTNT quy định về quản lý rừng bền vững: TRÌNH TỰ, THỦ TỤC XÂY DỰNG, PHÊ DUYỆT PHƯƠNG ÁN QUẢN LÝ RỪNG BỀN VỮNG

Chapter III

PROCEDURES FOR PREPARING AND APPROVING SFMPs

Article 10. Procedures for preparing an SFMP

1. The forest owner shall make an outline and estimate to serve preparation of an SFMP.

2. Review and assess current documents and maps.

3. Conduct an investigation and collect additional documents and maps.

4. Prepare an SFMP.

Article 11. Approving an SFMP of the forest owner that is a special-use forest management organization affiliated to the Ministry of Agriculture and Rural Development

1. The authority that has the power to approve the SFMP is the Ministry of Agriculture and Rural Development.

2. An application for approval for an SFMP includes:

a) An application form, which is made using the Appendix VI hereof;

b) The SFMP, which is made using the Appendix II hereof;

c) Maps specified in Clause 3 Article 4 hereof.

3. The forest owner shall submit the application in person or by post or through public postal services or online.

4. Procedures:

a) The forest owner shall submit 01 application as specified in Clauses 2 and 3 of this Article to the Vietnam Administration of Forestry. If the application is unsatisfactory, within 01 working day from the receipt of the application, the Vietnam Administration of Forestry shall instruct the forest owner in person or in writing to complete the application;

b) Within 20 working days from the receipt of the satisfactory application, the Vietnam Administration of Forestry shall consider it and collect comments from relevant Departments and units about contents of the SFMP.

If the contents are satisfactory, the Vietnam Administration of Forestry shall submit the SFMP to the Ministry of Agriculture and Rural Development for approval.

If the contents are unsatisfactory, the Vietnam Administration of Forestry shall provide a written explanation to the forest owner that will complete the plan within 05 working days before submitting it to the Ministry of Agriculture and Rural Development for approval;

c) Within 03 working days from the receipt of the application, the Ministry of Agriculture and Rural Development shall approve the SFMP and return final result to the forest owner. In case of rejection, a written explanation shall be provided.

Article 12. Approving the SFMP of a forest owner that is a business entity and forest owner that is a household, individual or residential community

1. The forest owner that is a business entity self-investing in planting of production forests on the land leased out by the State; the forest owner that is a foreign-invested enterprise leased out land by the State to plant production forests shall approve and implement the SFMP itself.

2. The forest owner that is a household, individual or residential community or households and individuals consolidated into a smallholder group shall approve and implement the SFMP themselves.

Article 13. Approving the SFMP of an owner other than that specified in Article 11 and Clause 1 Article 12 of this Circular

1. The authority that has the power to approve the SFMP is the People’s Committee of a province.

2. An application for approval for an SFMP is provided in Clause 2 Article 11 hereof.

3. The application shall be submitted using the methods specified in Clause 3 Article 11 hereof.

4. Procedures:

a) The forest owner shall submit 01 application as specified in Clauses 2 and 3 of this Article to the Department of Agriculture and Rural Development. If the application is unsatisfactory, within 01 working day from the receipt of the application, the Department of Agriculture and Rural Development shall instruct the forest owner in person or in writing to complete the application;

b) Within 20 working days from the receipt of the satisfactory application, the Department of Agriculture and Rural Development shall consider it and collect comments from the Department of Natural Resources and Development, Department of Finance, Department of Planning and Investment, Department of Industry and Trade about contents of the SFMP.

If the contents are satisfactory, the Department of Agriculture and Rural Development shall request the People’s Committee of the province for approval.

If the contents are unsatisfactory, the Department of Agriculture and Rural Development shall provide a written explanation to the forest owner that will complete the plan within 05 working days before submitting it to the People’s Committee of the province for approval.

c) Within 03 working days from the receipt of the application, the People’s Committee of the province shall approve the SFMP and return final result to the forest owner. In case of rejection, a written explanation shall be provided.