Decree 227/2025/ND-CP amending Decree 156/2018/ND-CP on Forestry Law

DECREE

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

Pursuant to Law No. 63/2025/QH15 on Organization of the Government;

Pursuant to Law No. 16/2017/QH14 on Forestry;

At the proposal of the Minister of Agriculture and Environment;

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 the implementation of 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 the implementation of a number of articles of the Law on Forestry

1. To amend and supplement Clauses 6 and 9, Article 3 of Decree No. 156/2018/ND-CP, which was amended and supplemented under Clause 1, Article 1 of Decree No. 91/2024/ND-CP and Clause 1, Article 1 of Decree 27/2024/ND-CP as follows:

“6. Utilization harvest means the cutting of forest trees in the course of implementing silvicultural measures, conducting scientific research, and carrying out ground clearance for projects upon the forest repurposing; using forests as power grid safety corridors; temporarily using forests for the construction of make-shift works serving the project construction under Clause 1, Article 42a of this Decree; liquidating planted forests; constructing infrastructure facilities to serve the forest protection and development under Clauses 1, 2, 3 and 4, Article 51 of the Law on Forestry.”.

“9. Temporary use of forests means the use of forests for the construction of make-shift works to serve the project construction under Clause 1, Article 42a of this Decree for the socio-economic development for the national and public interests in accordance with the laws on investment, public investment, investment in the form of public-private partnership, oil and gas, construction, electricity, and other relevant laws, without repurposing such forests, for temporarily use forest areas.”.

2. To amend and supplement Clause 5, Article 12 of Decree No. 156/2018/ND-CP, which was amended and supplemented under Clause 1, Article 1 of Decree No. 91/2024/ND-CP as follows:

“Utilization harvest of a forest in case a forest area is used for the construction of infrastructure facilities to serve the forest protection and development or for the construction of make-shift works to serve the project construction under Clause 1, Article 42a of this Decree.

a/ Objects: Forest products on the forest area used for the construction of infrastructure facilities to serve the forest protection and development or for the construction of make-shift works to serve the project construction under Clause 1, Article 42a of this Decree.

b/ Conditions: For the utilization harvest on the forest area used for the construction of infrastructure facilities to serve the forest protection and development, a competent state agency’s project or work approval decision is required.

For the utilization harvest on the forest area used for the construction of make-shift works to serve the project construction under Clause 1, Article 42a of this Decree, a competent authority’s decision approving the plan on temporary use of the forest is required.”.

3. To amend and supplement Clause 4, Article 20 of Decree No. 156/2018/ND-CP, which was amended and supplemented under Point c, Clause 9, Article 1 of Decree No. 91/2024/ND-CP as follows:

“4. Utilization harvest of natural forest or planted forest timber

a/ Objects: Timber trees on the forest area decided by the competent authority to be repurposed; timber frees affecting the power grid safety corridor; timber trees that must be cut upon the implementation of silvicultural technical measures or to serve the training work and the performance of scientific research tasks; timber trees on the liquidated planted forest area; timber trees on the forest area used for the construction of infrastructure facilities to serve the forest protection and development and the forest area temporarily used for the construction of make-shift works to serve the project construction under Clause 1, Article 42a of this Decree.   

b/ Conditions: There is the competent authority’s decision permitting the forest repurposing; or the competent state agency’s decision approving the silvicultural project or the scientific research program or subject; decision on liquidation of the planted forest; decision approving the project or infrastructure facilities to serve the forest protection and development; decision approving the plan on temporary use of the forest for the construction of make-shift work to serve the project construction under Clause 1, Article 42a of this Decision.”.

4. To amend and supplement Clause 2, Article 28 of Decree No. 156/2018/ND-CP, which was amended and supplemented under Clause 14, Article 1 of Decree No. 91/2024/ND-CP as follows:

“2. Utilization harvest of natural forest timber

a/ Objects: Timber trees on the forest area decided by the competent authority to be repurposed; timber frees affecting the power grid safety corridor; timber trees that must be cut upon the implementation of silvicultural technical measures or to serve the training work and the performance of scientific research tasks; timber trees on the liquidated planted forest area; timber trees on the forest area used for the construction of infrastructure facilities to serve the forest protection and development and the forest area temporarily used for the construction of make-shift works to serve the project construction under Clause 1, Article 42a of this Decree.  

b/ Conditions: There is the competent authority’s decision permitting the forest repurposing; or the competent state agency’s decision approving the silvicultural project or the scientific research program or subject; decision on liquidation of the planted forest; decision approving the project or infrastructure facilities to serve the forest protection and development; decision approving the plan on temporary use of the forest for the construction of make-shift work to serve the project construction under Clause 1, Article 42a of this Decision.”.

5. To amend and supplement Clause 2, Article 29 of Decree No. 156/2018/ND-CP, which was amended and supplemented under Clause 15, Article 1 of Decree No. 91/2024/ND-CP as follows:

“2. Utilization harvest of planted forest timber

a/ Objects: Timber trees on the forest area decided by the competent authority to be repurposed; timber frees affecting the power grid safety corridor; timber trees that must be cut upon the implementation of silvicultural technical measures or to serve the training work and the performance of scientific research tasks; timber trees on the liquidated planted forest area; timber trees on the forest area used for the construction of infrastructure facilities to serve the forest protection and development and the forest area temporarily used for the construction of make-shift works to serve the project construction under Clause 1, Article 42a of this Decree.  

b/ Conditions: The planted forest with the State as the owner representative must obtain the competent authority’s decision permitting the forest repurposing; or the competent state agency’s decision approving the silvicultural project or the scientific research program or subject; decision on liquidation of the planted forest; decision approving the project or infrastructure facilities to serve the forest protection and development; decision approving the plan on temporary use of the forest for the construction of make-shift work to serve the project construction under Clause 1, Article 42a of this Decision.”.

6. To amend and supplement Article 42a of Decree No. 156/2018/ND-CP, which was amended and supplemented under Clause 2, Article 1 of Decree No. 27/2024/ND-CP as follows:

“Article 42a. Temporary use of forests

1. Projects eligible for temporary use of forests

a/ Projects with investment policy approved or decided by the National Assembly in accordance with the Law on Public Investment, the Law on Investment, the Law on Investment in the Form of Public-Private Partnership, and the Law on Oil and Gas.

b/ Projects to serve national defense and security; emergency projects as specified by the law on state of emergency; unscheduled or emergency projects for the disaster, epidemic, fire and explosion prevention and fighting; power source or power grid projects to ensure the national energy security; urgent projects to address arising issues for which investment policy is decided or approved by competent authorities or for which investment projects are approved under competent authorities’ decisions. 

c/ Urgent projects on construction of essential socio-economic infrastructure facilities: Projects on construction of traffic works or railways; projects on hydraulic structures; projects on freshwater reservoirs; projects on embellishment of revolutionary relics, projects on embellishment of cultural-historical relics being national relics or special national relics for which investment policy is decided or approved by competent authorities or for which investment projects are approved under competent authorities’ decisions in accordance with the Law on Public Investment or the Law on Investment in the Form of Public-Private Partnership.  

2. Conditions for a project’s temporary use of forests: Having a plan on temporary use of forests approved by a competent authority, except where such a plan is not required for planted forests that are production forests owned by organizations, households, individuals or residential communities.

3. Conditions for a plan on temporary use of forests to be approved

a/ There is a project as specified in Clause 1, Article 42a of this Decree with investment policy decided or approved by a competent authority or with its investment project approved a competent authority in accordance with the Law on Public Investment, the Law on Investment in the Form of Public-Private Partnership, the Law on Investment, and the Law on Oil and Gas;

b/ In case of a project that requires both the forest repurposing and temporary use of forests, there is a decision on forest repurposing policy (for the repurposed forest area). In case of a project that does not require the forest repurposing but requires temporary use of forests, there is an investment policy decision or approval document or investment project approval decision;

c/ Temporary use of forests may only be permitted in case a project has to use the forest area for the reason that it is impossible to arrange a land area of another category. The forest area to be temporarily used and the cutting of forest trees within such area must be limited to the utmost.   

d/ The forest area to be temporarily used is subject to investigation and assessment of forest actual state and reserve and impacts of the temporary use of forests on the forest ecosystem. Contents on impacts on forests, reforestation and recovery must be fully and specifically expressed in the plan on temporary use of forests;

dd/ The period of temporary use of forests must be clearly determined in the written request for decision on approval of the plan on temporary use of forests and must not exceed the project implementation period;

e/ Not to temporarily use forests in strictly protected areas of special-use forests, forest areas with endangered, precious and rare forest plant species; not to take advantage of the temporary use of forests to reforest and poach forest animals, exploit and transport timber and forest products in contravention of law, legalize illegally exploited timber and forest products; not to bring wastes, toxic chemicals, combustibles, flammables, tools and vehicles into forests in contravention of law; not to carry out construction, digging, excavation, embankment or blocking of natural currents and other activities that can change the natural landscape or destroy forest resources, forest ecosystems and forest protection and development works;  

g/ The reforestation is carried out right in the coming forestation season in the locality and within 12 months from the expiration of the period of temporary use of forests stated in the plan on temporary use of forests approved by the competent authority; the temporarily used forest area is recovered up to the forest-forming criteria specified by the law on forestry.

4. Competence to decide to approval plans on temporary use of forests

Chairpersons of provincial-level People’s Committees may decide to approve plans on temporary use of forests for the implementation of work items to serve the project implementation under Clause 1, Article 42a of this Decree in order to promote the socio-economic development for the national and public interests. In case forest areas to be temporarily used are managed by forest owners being attached units of the ministries, sectors or national defense zones, chairpersons of provincial-level People’s Committees shall send written requests for opinions of the managing ministries and sectors and the Ministry of National Defense, and shall approve the temporary use of such areas after obtaining consent of the managing ministries and sectors and the Ministry of National Defense.

5. Dossiers

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

a/ A written request for approval of the plan on temporary use of forests or the adjusted plan on temporary use of forests of the project owner, made according to the form provided in Appendix I to this Decree;

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

c/ The originals of the commentary report and the forest status map of the forest area requested to be temporarily used. The commentary report must show the location (lot, plot, sub-zone; and administrative unit name), forest acreage by forest type (special-use forest, protective forest or production forest), forming origin (natural forest or planted forest), forest plant reserve and species, for planted forests; 1:5,000 scale map (showing the forest status of the forest area to be temporarily used), and the scope and boundaries of the forest area requested to be temporarily used;   

d/ A plan on temporary use of forests or an adjusted plan on temporary use of forests, made by the project owner according to the form provided in Appendix II to this Decree.

6. Order and procedures for approving a plan on temporary use of forests

a/ The project owner shall send a dossier of request for a decision on approval of the plan on temporary use of forests or the adjusted plan on temporary use of forests as specified in Clause 5 of this Article by hand delivery or by post or via the electronic environment to the provincial-level Department of Agriculture and Environment.

In case the dossier is invalid, within 3 working days after receiving it, the provincial-level Department of Agriculture and Environment shall reply in writing, clearly stating the reason for refusal to accept it.

b/ Within 7 working days after receiving the valid dossier, the provincial-level Department of Agriculture and Environment shall examine and verify the commentary report and the forest status map of the forest area requested to be temporarily used, and organize the appraisal of the plan on temporary use of forests or the adjusted plan on temporary use of forests, then submit it to the chairperson of the provincial-level People’s Committee for consideration and approval (the dossier for submission is specified in Clause 5 of this Article and the appraisal report).

c/ In case the forest areas to be temporarily used are managed by forest owners being attached units of the ministries and sectors, within 3 working days after receiving the written request and dossier of the provincial-level Department of Agriculture and Environment, the provincial-level People’s Committee shall collect opinions of the managing ministries and sectors. A dossier for collection of opinions must comprise a written request of the provincial-level People’s Committee, an appraisal report, and documents specified in Clause 5 of this Article. Within 5 working days after receiving a dossier for collection of opinions of the provincial-level People’s Committee, the managing ministries and sectors shall send their written opinions to the provincial-level People’s Committee. 

Within 5 working days after receiving opinions of the managing ministries and sectors, the chairperson of the provincial-level People’s Committee shall consider and decide to approve the plan on temporary use of forests or the adjusted plan on temporary use of forests according to the form provided in Appendix III to this Decree. In case of refusal to approve the plan, the chairperson of the provincial-level People’s Committee shall reply in writing, clearly stating the reason for refusal.

d/ In case the forest areas to be temporarily used belong to a national defense zone, within 3 working days after receiving the written request and dossier of the provincial-level Department of Agriculture and Environment, the provincial-level People’s Committee shall collect opinions of the Ministry of National Defense. A dossier for collection of opinions must comprise a written request of the provincial-level People’s Committee, an appraisal report, and documents specified in Clause 5 of this Article. Within 5 working days after receiving a dossier for collection of opinions of the provincial-level People’s Committee, the Ministry of National Defense shall send its written opinions to the provincial-level People’s Committee. 

Within 5 working days after receiving opinions of the Ministry of National Defense, the chairperson of the provincial-level People’s Committee shall consider and decide to approve the plan on temporary use of forests or the adjusted plan on temporary use of forests according to the form provided in Appendix III to this Decree. In case of refusal to approve the plan, the chairperson of the provincial-level People’s Committee shall reply in writing, clearly stating the reason for refusal.

dd/ In case opinions of the managing ministries and sectors or the Ministry of National Defense are not required, within 5 working days after receiving the written request and dossier of the provincial-level Department of Agriculture and Environment, the chairperson of provincial-level People’s Committee shall consider and decide to approve the plan on temporary use of forests or the adjusted plan on temporary use of forests according to the form provided in Appendix III to this Decree. In case of refusal to approve the plan, the chairperson of the provincial-level People’s Committee shall reply in writing, clearly stating the reason for refusal.

7. Modification of a decision to approve a plan on temporary use of forests

a/ If the project is relocated or has the scope of temporary use of forests changed without any change in the forest type or any increase in the forest acreage compared to the total forest acreage approved by the competent agency and satisfies the conditions specified in Clause 3 of this Article, the decision on approval of the plan on temporary use of forests is not required to be modified but the project owner shall report the relocation or change to the chairperson of the provincial-level People’s Committee and the forest owner.

b/ If the project has a change in contents of the approved plan on temporary use of forests other than changes specified at Point a of this Clause, the decision on approval of the plan on temporary use of forests is required to be modified. Dossier, order and procedures for submitting the modified decision on the plan on temporary use of forests must comply with Clauses 5 and 6 of this Article. Dossier components that have no change in their contents compared to those initially submitted for approval of the plan on temporary use of forests are not required to be submitted again under Clause 5 of this Article.  

c/ The competence for modifying a decision approving a plan on temporary use of forests must comply with Clause 4 of this Article.

8. Utilization harvest of timber and non-timber forest plants and reforestation

a/ Utilization harvest of timber and non-timber forest plants on temporarily used forest areas must comply with the Ministry of Agriculture and Environment’s regulations on utilization harvest of forest products regarding the management and tracing of origins of foreign products. Project owners shall work out plans on utilization harvest of timber and non-timber forest plants on temporarily used forest areas according to the form provided in Appendix II to this Decree; and organize the utilization harvest of timber and non-timber forest plants after plans on temporary use of forests are approved by competent authorities. Expenses for utilization harvest shall be paid by project owners.  

b/ Project owners shall organize the reforestation after temporarily using forests. The reforestation and pre-acceptance testing of replanted forests must comply with the Minister of Agriculture and Environment’s regulations on silvicultural measures and management of investment in silvicultural works. Natural forests may only be reforested with indigenous plants.”.  

Article 2. Implementation responsibility

1. The Minister of Agriculture and Environment shall perform the state management and inspect the temporary use of forests in accordance with this Decree; promptly solve problems according to his/her competence and report on issues arising beyond his/her competence to competent authorities. 

2. Ministers and heads of sectors shall direct the formulation and implementation of projects falling under the management functions and tasks of their ministries, adhering to the principle of restricting the use of forests, particularly natural forests, upon the formulation of investment projects.

3. Provincial-level People’s Committees shall:

a/ Take responsibility for contents of decisions on approval of plans on temporary use of forests and adjusted plans on temporary use of forests; inspect the temporary use of forests by organizations and project owners; bear responsibility for failure to satisfy the conditions for approval and adjustment of plans on temporary use of forests in case of occurrence of forest tree cutting, deforestation, forest loss, exploitation and transportation of forest products in contravention of regulations, or change of natural landscapes of forest ecosystems due to the implementation of such plans; and report results of the temporary use of forests and reforestation to the Ministry of Agriculture and Environment before December 31 every year.

b/ Direct forestry agencies in their provincial localities in guiding and inspecting project owners and foreign owners in the course of implementation of approved plans on temporary use of forests, inspecting the reforestation and evaluating and testing before acceptance of reforestation results after the temporary use of forests. 

4. Project owners may carry out forest-affecting activities to build make-shift works to serve the project implementation only after plans on temporary use of forests are approved by competent authorities; strictly implement approved plans on temporary use of forests; bear responsibility for forest loss, forest tree cutting, deforestation, destruction of forest ecosystems and the environment during the construction of make-shift works; and report on results of the temporary use of forests and reforestation until the forest-forming criteria are satisfied once every 3 months after their plans on temporary use of forests are approved.

Article 3. Implementation provisions

1. This Decree takes effect on the date of its signing.

2. The Government’s Decree No. 27/2024/ND-CP of March 6, 2024, amending and supplementing a number of the Government’s Decree No. 156/2018/ND-CP of November 16, 2018, detailing a number of articles of the Law on Forestry, ceases to be effective on the effective date of this Decree.

3. Transitional provisions: Valid dossiers of request for approval of plans on temporary use of forests that are received, appraised and submitted by competent state agencies to competent authorities before the effective date of this Decree may continue be processed under the Government’s Decree No. 27/2024/ND-CP of March 6, 2024, within 20 days from the effective date of this Decree. If the processing of such dossiers cannot be completed within the above time limit, such dossiers shall be processed under this Decree.   

4. The ministers, heads of ministerial-level agencies, heads of government-attached agencies, and related agencies, organizations and individuals shall implement this Decree.

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

TRAN HONG HA

* The Appendices to this Decree are not translated.