Decree 27/2024/ND-CP amend Decree 156/2018/ND-CP detailing the Law on Forestry

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 156/2018/ND-CP of November 16, 2018, detailing a number of articles of the Law on Forestry^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 15, 2017 Law on Forestry;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 156/2018/ND-CP of November 16, 2018, detailing a number of articles of the Law on Forestry.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 156/2018/ND-CP of November 16, 2018, detailing a number of articles of the Law on Forestry

1. To add Clause 9 to Article 3 as follows:

“9. Temporary forest use means the use of forests for construction of temporary works serving the construction of power grid projects for socio-economic development for national and public interests in accordance with the construction law, electricity law and other relevant laws without repurposing of the temporarily used forest areas.”

2. To add Article 42a as follows:

“Article 42a. Temporary forest use

1. Conditions for approval of a temporary forest use plan

To have its temporary forest use plan approved, a project must satisfy the following conditions:

a/ Having a power grid project serving socio-economic development for national and public interests, of which the investment policy has been decided or approved, or the investment project has been decided and approved in accordance with the public investment law and law on investment in the form of public-private partnership.

b/ In case the project involves both forest repurposing and temporary forest use, it is requested to have a decision on the forest repurposing policy (for the to-be-repurposed forest areas). In case the project involves temporary forest use without forest repurposing, it is requested to have an investment policy decision or approval or investment project approval decision.

c/ A forest area may only be temporarily used in case the project requires the use of such forest area due to the unavailability of other land areas. The temporarily used forest area and deforestation in such area must be minimized (forest trees with the measured diameter of 20 cm or more at 1.3 m above the ground may not be cut down).

d/ The temporarily used forest area must be surveyed and assessed of its actual status and deposits, and impacts of the temporary use on the forest ecosystem. Contents on the intervention in the forest, reforestation and forest restoration must be expressed in an adequate and detailed manner in the temporary forest use plan.

dd/ The period of temporary forest use must be clearly stated in a written request for decision approving the temporary forest use plan, which must not exceed the period of project implementation.

e/ Temporary forest use is prohibited in a strictly protected area of the special-use forest and forest area with endangered, precious and rare species of forest flora; to refrain from taking advantage of the temporary forest use for deforestation, hunting of forest fauna, and illegal exploitation and transport of timbers and timber products, and legalize illegally exploited timber and timber products; to refrain from illegally bringing wastes, toxic chemicals, explosives, flammables, combustible substances, tools and vehicles into the forest; to refrain from constructing, digging, excavating, accreting, preventing natural flows and carrying out other illegal activities that result in changes in the natural structure and landscape and destruction of forest resources, forest ecosystem and forest protection and development works.

g/ Reforestation shall be immediately carried out in the nearest local afforestation season which must not exceed 12 months after the expiration of the period of temporary forest use stated in the approved temporary forest use plan, ensuring that the restored forest area satisfies the forest formation criteria specified in the forestry law.

2. Competence to decide on approval of a temporary forest use plan

The chairperson of a provincial-level People’s Committee shall issue a decision approving a temporary forest use plan for construction of temporary work items for the implementation of a power grid project serving socio-economic development for national and public interests. In case the temporarily used forest area falls under the management of a forest owner that is an attached unit of the ministry or sector, the chairperson of the provincial-level People’s Committee shall send a written request for collection of opinions of such managing ministry or sector and may approve the temporary forest use plan only after obtaining the ministry’ or sector’s consent.

3. Dossiers

A dossier of request for approval of temporary forest use must comprise:

a/ The project owner’s written request for approval of a temporary forest use plan or the modification of the temporary forest use plan, made according to Appendix I to this Decree;

b/ A copy of the decision on the forest repurposing policy of the project or a copy of the forest repurposing decision of the project. In case the project does not involve forest repurposing, a copy of the investment policy decision or approval or investment project approval decision is required;

c/ An original commentary report and map of the current status of the forest area requested to be temporarily used. The report must indicate the location (forest plot, sub-compartment or compartment; and administrative unit name), forest area by forest type (special-use forest, protection forest or production forest), origin of forest formation (natural forest, planted forest), deposits and plant species for planted forests; a map (of the current status of the to-be-temporarily-used forest area of 1/5,000 scale clearly showing the location (forest plot, sub-compartment or compartment; and administrative unit name), scope and boundaries) of the forest area requested to be temporarily used;

d/ A temporary forest use plan or modification of the temporary forest use plan formulated by the project owner according to Appendix II to this Decree.

4. Order and procedures for approval of a temporary forest use plan

a/ A project owner that has a written request for approval of a temporary forest use plan or modification of the temporary forest use plan shall hand-deliver or send by post or submit via the network 1 dossier specified in Clause 3 of this Article to the provincial-level Department of Agriculture and Rural Development.

In case the dossier is invalid, the provincial-level Department of Agriculture and Rural Development shall, within 3 working days after receiving it, issue a written reply, clearly stating the reason for refusal to accept it.

b/ Within 7 working days after receiving a valid dossier, the provincial-level Department of Agriculture and Rural Development shall check and verify the commentary report and map of the current status of the forest area requested to be temporarily used, and organize the appraisal of the temporary forest use plan or modification of the temporary forest use plan for submission to the provincial-level People’s Committee for consideration and decision the approval of the temporary forest use plan or modification of the temporary forest use plan (the submitted documents include the documents specified in Clause 3 of this Article and the appraisal report).

c/ In case the temporarily used forest area falls under the management of a forest owner that is an attached unit of the ministry or sector, within 3 working days after receiving the report and dossier from the provincial-level Department of Agriculture and Rural Development, the provincial-level People’s Committee shall seek opinions of such managing ministry or sector. A dossier for collection of opinions must comprise a written request for collection of opinions of the provincial-level People’s Committee, the appraisal report and the documents specified in Clause 3 of this Article.

Within 5 working days after receiving the dossier of request for collection of opinions from the provincial-level People’s Committee, the managing ministry or sector shall give its opinion in writing.

Within 5 working days after receiving opinions of the managing ministry or sector, the chairperson of the provincial-level People’s Committee shall consider and decide on the approval of the temporary forest use plan or modification of the temporary forest use plan according to Appendix III to this Decree. In case of disapproval, the chairperson of the provincial-level People’s Committee shall issue a written reply, clearly stating the reason for disapproval.

d/ In case it is not required to collect opinions from the managing ministry or sector, within 5 working days after receiving the report and dossier from the provincial-level Department of Agriculture and Rural Development, the chairperson of provincial-level People’s Committee shall consider and decide on approval of the temporary forest use plan or modification of the temporary forest use plan according to Appendix III to this Decree. In case of disapproval, the chairperson of the provincial-level People’s Committee shall issue a written reply, clearly stating the reason for disapproval.

5. Modification of decisions approving temporary forest use plans

a/ A project that has made a change in the location or scope of its temporarily used forest area which does not result in an increase in the forest area to be temporarily used compared to that approved by the competent agency and satisfies the conditions specified in Clause 1 of this Article, is not required to have the decision approving the temporary forest use plan modified. The project owner shall report such change to the chairperson of the provincial-level People’s Committee and the forest owner.

b/ A project that has made a change in the contents of the approved temporary forest use plan which does not fall in the case specified at Point a of this Clause is required to have the decision approving the temporary forest use plan modified. The dossier, order and procedures for submission of a decision approving the modification of the temporary forest use plan must comply with Clauses 3 and 4 of this Article. For dossier components having no change compared to those in the dossier submitted for approval of the temporary forest use plan, it is not required to submit such dossier components under Clause 3 of this Article.

c/ The competence to modify decisions approving temporary forest use plans must comply with Clause 2 of this Article.

6. Utilization harvest of timber products and reforestation

a/ Forest exploitation in temporarily used forest areas must comply with regulations on utilization harvest of timber products of the Minister of Agriculture and Rural Development regarding the management and origin tracing of timber products.

b/ Project owners shall carry out reforestation after temporarily using forest areas. The reforestation and pre-acceptance testing of reforestation must comply with the Minister of Agriculture and Rural Development’s regulations on silvicultural measures and the management of investment in silvicultural facilities; natural forests shall be replanted with indigenous species only.”

Article 2. Implementation provisions

1. This Decree takes effect on March 6, 2024.

2. Transitional provisions

The plan on intervention in and restoration of forests approved under the Government’s Resolution No. 23/NQ-CP of February 23, 2023, continues to be implemented under the approved plan.

Article 3. Implementation responsibilities

1. The Ministry of Agriculture and Rural Development shall perform the state management of, and examine, the temporary forest use specified in this Decree; and promptly solve arising problems according to its competence, and report problems falling beyond its competence to competent authorities.

2. The Ministry of Industry and Trade shall direct the formulation and modification of power master plans and approve decisions on investment policy of power grid projects according to its competence, adhering to the principle of minimizing the temporary use of forests, particularly natural forests, for implementation of power grid projects.

3. Provincial-level People’s Committees shall:

a/ Take responsibility for contents of decisions approving temporary forest use plans and modification of temporary forest use plans; inspect the temporary forest use by organizations and projects owners; take responsibility for failure to satisfy the conditions for approval of temporary forest use plans or modification of temporary forest use plans, or for the occurrence of deforestation, illegal exploitation and transportation of timbers and timber products, and for changes in the natural structure and landscape of the forest ecosystems in the implementation of temporary forest use plans; and, before December 31 every year, submit annual reports on temporary forest use results to the Ministry of Agriculture and Rural Development.

b/ Direct local agencies in charge of forestry in guiding and examining project owners and forest owners in the implementation of approved temporary forest use plans, inspecting the reforestation, and assessing and testing for acceptance reforestation results after the temporary forest use.

4. Power grid project owners may only intervene in forests for constructing temporary works serving the implementation of power grid projects after the temporary forest use plans are approved by competent authorities; comply with temporary forest use plans approved by competent authorities; and be held responsible for the deforestation and destruction of forest ecosystems and the environment during the construction of the temporary works.

5. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN LUU QUANG

* The Appendices to this Decree are not translated.