Consolidated Document number 05/VBHN-BNNPTNT stipulates the planting of replacement forests when changing the purpose of forest land use to other purposes.

CIRCULAR

PROVISIONS ON REPLANTING FORESTS WHEN CHANGING THE PURPOSE OF FOREST USE TO ANOTHER PURPOSE

Circular No. 25/2022/TT-BNNPTNT dated December 30, 2022 of the Minister of Agriculture and Rural Development on replanting forests when changing the purpose of forest use to another purpose took effect from February 15, 2023, amended and supplemented by:

1. Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023 of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, effective from February 1, 2024.

2. Circular No. 24/2024/TT-BNNPTNT dated December 12, 2024 of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, effective from January 27, 2025.

Pursuant to Decree No. 105/2022/NĐ-CP dated December 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Forestry Law on November 15, 2017; At the proposal of the Director of the Forest Management Department;

The Minister of Agriculture and Rural Development issues this Circular on provisions regarding replanting forests when changing the purpose of forest use to another purpose.^[2]

Article 1. Scope of Regulation and Applicability

1. Scope of regulation: This Circular stipulates on replanting forests when changing the purpose of forest use to another purpose.

2. Applicability: Authorities, organizations, households, individuals, and community groups involved in activities related to replanting forests when changing the purpose of forest use to another purpose.

Article 3. General Provisions^[3]

1. Principles for replanting forests:

a) The area required for replanting forests when changing the purpose of forest use to another purpose shall be implemented according to Article 21 of the Forestry Law. In cases where organizations or individuals implementing projects that change the purpose of forest use to another purpose (hereinafter referred to as project owners) pay money into the Provincial Forest Protection and Development Fund or the Department of Agriculture and Rural Development for localities that have not established such funds (hereinafter referred to as the Provincial Forest Protection and Development Fund), the replanting area must ensure it is not less than the replanting area that the project owner has paid for;

b) Provinces and centrally governed cities (hereinafter referred to as provinces) shall review areas designated for special-use forests, protective forests, and production forests; replant forests when there is still available land; only propose replanting forests in other provinces when there is no available land or there is available land but conditions for establishing planting sites are unsuitable for forest planting;

c) Replanting forests must be carried out within 12 months from the date the replanting forest plan is approved or from the date the project owner completes their obligation to pay for replanting forests;

d) Replanting forests is a forest engineering project in projects that change the purpose of forest use to another purpose.

2^[4]Organizations implementing replanting forests:

a) For provinces and centrally governed cities that can allocate land for replanting forests: plant forests on land designated for special-use forests and protective forests; plant forests on land designated for production forests allocated to state-owned forest managers, forest managers as specified in Clauses 1, 3, and 4 of Article 8 of the Forestry Law; support planting production forests with large timber species (harvested after 10 years) on land designated for production forests allocated to households and individuals;

b) For provinces and centrally governed cities receiving replanting forest funding from other regions without available land for replanting forests, replant special-use forests, protective forests, and production forests on land designated for special-use forests, protective forests, and production forests.

3. Funding for implementing replacement forest planting:

a) The People's Committee of the province decides on unit prices or adjusts unit prices for replanting forests when necessary based on economic and technical norms for forest planting as prescribed by the Minister of Agriculture and Rural Development;

b)^[5] The design and budget estimate for replanting forests are determined based on economic and technical norms as prescribed by the Minister of Agriculture and Rural Development; the construction unit price for the replanting forest budget is set by the People's Committee of the province where replanting forests are organized. The establishment, review, approval of designs and budgets, and risk management during the investment phase of replanting forests are carried out according to Chapter IV of Decree No. 58/2024/NĐ-CP dated May 24, 2024 of the Government on some investment policies in the forestry sector. Replanting forests are accepted according to regulations guiding certain management contents of forest engineering projects by the Minister of Agriculture and Rural Development;

c) The replanting forest funding is paid into the Provincial Forest Protection and Development Fund by the project owner based on the replanting forest area specified in Point a Clause 1 of this Article multiplied by the unit price for 1 hectare of replanting forest;

d) For replanting forest funding to support planting production forests with large timber species, support is provided according to local policies; for provinces that do not issue support policies for planting forests, the current national policy applies.

4. Acceptance, management, use, and settlement of replanting forest funding:

a) The Provincial Forest Protection and Development Fund and organizations assigned the task of replanting forests open accounts at the State Treasury to accept replanting forest funding;

b)^[6] Sources of replanting forest funding are managed, used, and settled through the State Treasury according to current regulations.

The Provincial Forest Protection and Development Fund implements expenditure control for replanting forest funding according to current laws; payment of replanting forest funding through the State Treasury is based on transfer vouchers and settlement documents of the Provincial Forest Protection and Development Fund.

c) Units accepting replanting forest funding prepare reports and submit them to higher-level financial authorities or authorized agencies or agencies assigned by competent authorities for review and settlement of replanting forest funding;

d) The Chairman of the People's Committee of the province decides to use interest from replanting forest funding deposits to implement replanting forest activities according to this Circular.

5^[7]Article 1. Criteria for selecting units and localities to receive funds for planting substitute forests from provinces and cities that no longer have land for planting substitute forests:

a) Possessing the area of land planned for special-use forests, protective forests, and production forests as specified in Point b Clause 2 of this Article, determined based on the land use plan approved by the competent authority and the current forest status at the time of proposal; having a document signed by the head of the unit or the Chairman of the Provincial People's Committee registering to receive funds for planting substitute forests according to Model No. 01 in Appendix I issued together with this Circular.

b) In cases where multiple units or localities register to receive funds for planting substitute forests, priority will be given to localities with large areas of land not yet having special-use forests, protective forests, and production forests but unable to balance their budget for planting forests.

Article 3. The project owner planting substitute forests

1.^[8] The project owner shall prepare and submit to the competent authority for approval the Plan for Planting Substitute Forests. If the area of forest converted to another purpose lies within the territory of several provinces, separate plans shall be prepared for each province. Implement planting substitute forests on the planned land for special-use forests, protective forests, and production forests.

2. Authority to approve the Plan for Planting Substitute Forests: Provincial People's Committee.

3. Documents include:

a) Original document requesting approval of the Plan for Planting Substitute Forests as specified in Model No. 01 in Appendix II issued together with this Circular;

b) Original Plan for Planting Substitute Forests as specified in Model No. 02 in Appendix II issued together with this Circular;

c) ^[9] Original budget estimate and design for planting substitute forests as stipulated in Point b Clause 3 Article 2 of this Circular;

d) Copy of the document from the competent state agency approving the policy to convert forest land to other purposes;

đ) Copy of other related documents (if any);

4. Procedure for implementation:

The project owner shall submit directly or send through postal service or electronic environment one set of documents as prescribed in Clause 3 of this Article to the Department of Agriculture and Rural Development where the area of forest land converted to other purposes is located.

In case of submitting documents through the electronic environment, it shall be carried out in accordance with the provisions of Government Decree No. 45/2020/NĐ-CP dated April 8, 2020 on implementing administrative procedures in the electronic environment.

5. Time limit for responding to the completeness of the documents:

a) In case of direct submission: The Department of Agriculture and Rural Development shall check the completeness of the documents and immediately inform the project owner of the completeness of the documents and specify the reasons;

b) In case of submission through postal service or electronic environment: Within one working day from the date of receipt of the documents, the Department of Agriculture and Rural Development shall examine the completeness of the documents; if the documents are incomplete, it shall notify the project owner in writing and specify the reasons.

6. Within twenty days from the date of receiving valid documents, the Department of Agriculture and Rural Development shall establish a Review Board and organize the review of the Plan for Planting Substitute Forests. In case of need to inspect and evaluate the Plan for Planting Substitute Forests on-site, the Department of Agriculture and Rural Development shall establish a Review Board, organize the review, and complete the review within thirty-five days from the date of receiving valid documents.

Members of the Review Board include representatives from the Department of Agriculture and Rural Development; the Department of Natural Resources and Environment; the Department of Planning and Investment; the People's Committee of the district where the area for planting substitute forests is located; representatives of relevant scientific organizations (if any). The number of members of the Review Board shall not exceed seven people.

a) In case the documents meet the conditions, the Department of Agriculture and Rural Development shall submit to the Provincial People's Committee for consideration and approval of the Plan for Planting Substitute Forests; accompanied by the budget estimate and design for planting substitute forests;

b) In case the documents do not meet the conditions, the Department of Agriculture and Rural Development shall notify the project owner in writing and specify the reasons.

7. Within ten days from the date of receiving the documents submitted for approval of the Plan for Planting Substitute Forests and the budget estimate and design for planting substitute forests from the Department of Agriculture and Rural Development, the Provincial People's Committee shall approve the Plan for Planting Substitute Forests accompanied by the budget estimate and design for planting substitute forests, and send the results to the Department of Agriculture and Rural Development and the project owner. In case of non-approval, the Provincial People's Committee shall notify in writing and specify the reasons sent to the Department of Agriculture and Rural Development and the project owner.

8. Implementation of planting substitute forests:

a) Within ten days from the date of approval of the Plan for Planting Substitute Forests and the budget estimate and design for planting substitute forests, the project owner shall pay the full amount into the Provincial Forest Protection and Development Fund where the project owner submitted the documents; the Provincial Forest Protection and Development Fund shall notify the project owner in writing about the completion of the obligation to plant substitute forests;

b)^[10] The project owner shall implement planting forests according to the approved Plan for Planting Substitute Forests, design, and budget estimate for planting substitute forests; the Department of Agriculture and Rural Development shall organize the acceptance of the completion of planting substitute forests implemented by the project owner;

c)^[11] In case the project owner does not implement planting substitute forests as stipulated in Point b of this Clause, the Provincial People's Committee shall decide to organize the implementation of planting substitute forests according to Clause 7 Article 4 of this Circular using the funds paid by the project owner into the Provincial Forest Protection and Development Fund; in case the amount paid by the project owner is lower than the unit price of planting substitute forests of the province at the time of organizing planting, the Chairman of the Provincial People's Committee shall issue a document notifying the project owner of the difference in the unit price of planting substitute forests. Within ten days from the date of receipt of the document from the Chairman of the Provincial People's Committee, the project owner must pay the difference into the Provincial Forest Protection and Development Fund;

d)^[12] The Provincial Forest Protection and Development Fund shall disburse funds for planting substitute forests in accordance with Clause 4 Article 2 of this Circular.

Article 4. The project owner shall not plant forests directly as replacement

1. The project owner shall submit one set of application documents for payment of forest planting replacement either in person, through postal service, or via electronic environment to the Department of Agriculture and Rural Development where the area of forest land has been converted to another purpose. In case of submission via electronic environment, it shall be carried out in accordance with the provisions of Government Decree No. 45/2020/NĐ-CP dated April 8, 2020 on administrative procedures conducted via electronic environment.

2. Authority to approve payment for forest planting replacement: Provincial People's Committee.

3. Documents include:

a) Original document requesting approval for payment of forest planting replacement as stipulated in Appendix III issued together with this Circular;

b) Copy of the document from the competent state agency approving the proposal to convert forest land to another purpose;

c) Copies of other relevant documents (if any).

4. Time limit for reply to complete the application package:

a) In case of direct submission: The Department of Agriculture and Rural Development shall check the completeness of the documents and immediately inform the project owner of the completeness of the documents and specify the reasons;

b) In case of submission through postal service or electronic environment: Within one working day from the date of receipt of the documents, the Department of Agriculture and Rural Development shall examine the completeness of the documents; if the documents are incomplete, it shall notify the project owner in writing and specify the reasons.

5.^[13] Procedure for approving payment for forest planting replacement when the provincial people's committee arranges land for planting replacement forests within its jurisdiction:

a) Within seven days from the date of receipt of a valid application package from the project owner as prescribed in Clause 3 of this Article, the provincial people's committee shall examine, resolve and notify the project owner in writing about the approval for payment, time frame, and amount to be paid based on the area of forest planting replacement required by the project owner and the provincial forest planting replacement unit price;

b) Within ten days from the date of receipt of the notification from the provincial people's committee, the project owner must pay the full amount for forest planting replacement into the Provincial Forest Protection and Development Fund to organize the planting of replacement forests;

c) Within five days from the date of receipt of the full payment from the project owner, the Provincial Forest Protection and Development Fund shall notify the project owner in writing about the completion of the obligation to plant replacement forests.

6.^[14] Procedure for approving payment for forest planting replacement when the locality cannot arrange land for planting replacement forests:

a) Within seven days from the date of receipt of a valid application package as prescribed in Clause 3 of this Article, the Department of Agriculture and Rural Development shall submit the application package to the provincial people's committee for examination and forward the request to the Ministry of Agriculture and Rural Development for approval to pay the forest planting replacement fund into the National Forest Protection and Development Fund to organize planting replacement forests in another locality;

Documents include: the application package as prescribed in Clause 3 of this Article and the document from the provincial people's committee requesting the Ministry of Agriculture and Rural Development to approve the payment of the forest planting replacement fund into the National Forest Protection and Development Fund, specifying the reason for the lack of land for planting replacement forests;

b) Within five days from the date of receipt of a valid application package from the provincial people's committee as prescribed in Point a of this Clause, the Ministry of Agriculture and Rural Development shall issue a document requesting the provincial people's committee receiving the planting replacement funds to provide information on the planting location and unit price of forest planting at the time the project owner requests payment;

c) Within twelve days from the date of receipt of the document from the Ministry of Agriculture and Rural Development, the provincial people's committee receiving the planting replacement funds shall issue a confirmation document regarding the allocation of the planting location and unit price of forest planting, and send it to the Ministry of Agriculture and Rural Development;

d) Within three days from the date of receipt of the document from the provincial people's committee receiving the planting replacement funds, accompanied by a copy of the decision approving the unit price of forest planting of the province, the Ministry of Agriculture and Rural Development shall issue a document to the provincial people's committee requesting payment about the time frame and amount the project owner must pay for planting replacement forests;

đ) Within five days from the date of receipt of the document from the Ministry of Agriculture and Rural Development, the Chairman of the provincial people's committee requesting payment shall issue a document to the project owner about the time frame and amount the project owner must pay for planting replacement forests;

e) Within ten days from the date of receipt of the document from the Chairman of the provincial people's committee, the project owner must pay the full amount for forest planting replacement into the Provincial Forest Protection and Development Fund where the project owner submitted the application package;

g) Within five days from the date the project owner pays the full amount for forest planting replacement, the Provincial Forest Protection and Development Fund where the payment was requested shall transfer the amount paid by the project owner to the National Forest Protection and Development Fund to implement planting replacement forests in another locality and notify the project owner in writing about the completion of the obligation to plant replacement forests;

h) Within ten days from the date of receipt of the full payment for forest planting replacement, the National Forest Protection and Development Fund shall transfer the funds to the Provincial Forest Protection and Development Fund where the planting replacement forests are selected according to the regulations;

i) In case the project owner requests immediate payment of the forest planting replacement amount based on the unit price of forest planting of the provincial people's committee requesting payment:

- Within seven days from the date of receipt of a valid application package from the project owner as prescribed in Clause 3 of this Article and the commitment of the project owner to pay the full amount according to the unit price of forest planting of the province receiving the planting replacement forests as stipulated in Appendix IIA issued together with this Circular, the provincial people's committee shall examine and notify the project owner in writing about the approval for payment, time frame, and amount to be paid based on the area of forest planting replacement required by the project owner and the provincial forest planting replacement unit price;

- Within ten days from the date of receipt of the notification from the provincial people's committee, the project owner must pay the full amount for forest planting replacement into the Provincial Forest Protection and Development Fund where the project owner submitted the application package;

- Within five days from the date of receipt of the full payment from the project owner, the Provincial Forest Protection and Development Fund where the project owner submitted the application package shall notify the project owner in writing about the completion of the obligation to plant replacement forests.

- Within five days from the date of receipt of the document from the Ministry of Agriculture and Rural Development regarding the planting price of the provincial People's Committee where the substitute forest planting is accepted, the Chairman of the provincial People's Committee where the payment is proposed shall issue a document to notify the project owner of the difference in the planting price for substitute forest planting.

In the case where the amount paid according to the planting price of the provincial People's Committee where the payment is proposed is lower than the amount required to be paid according to the planting price of the province where the substitute forest planting is accepted, within ten days from the date of receipt of the document from the provincial People's Committee, the project owner must pay the additional amount into the Forest Protection and Development Fund of the province where the project owner submitted the application. The Chairman of the provincial People's Committee where the payment is proposed shall direct the project owner to fully pay the substitute forest planting cost as committed by the project owner.

In the case where the amount paid according to the planting price of the provincial People's Committee where the payment is proposed is higher than the amount required to be paid according to the planting price of the province where the substitute forest planting is accepted, within fifteen days from the date of receipt of the document from the Chairman of the provincial People's Committee sent to the project owner, the Forest Protection and Development Fund of the province where the application was submitted shall refund the excess funds including interest to the project owner in accordance with regulations.

7.^[15] Organization of substitute forest planting:

a)^[16] The Department of Agriculture and Rural Development advises the provincial People's Committee to assign units as investors to plant substitute forests: forest owners as stipulated in Clauses 1, 3, and 4 of Article 8 of the Forestry Law; state-owned enterprise forest owners; other state agencies and organizations;

b) The investor prepares and submits for approval the design and budget estimate; implements substitute forest planting, manages, protects, and accepts completion of the planted forest area in accordance with this Circular and other forestry laws and regulations.

8.^[17] Support for planting large timber production forests:

a) The Department of Agriculture and Rural Development advises the provincial People's Committee to assign the provincial or district project management board in the forestry sector or the relevant department under the Department of Agriculture and Rural Development, or the district-level People's Committee in areas without a project management board, as the investor in the case of supporting the planting of production forests on land allocated to households and individuals for management;

b) Recipients of support: households and individuals who have a need for support to plant large timber production forests and commit to harvesting after ten years of age on the land planned for production forest development according to Model 01 Appendix IIB issued together with this Circular;

c) Content of support, level of support, form and method of support: implementation according to local policy; for provinces that have not issued a support policy, the current national policy shall apply. Management, inspection, and acceptance costs are determined in the budget approved by the competent authority;

d) The investor compiles a list of recipients, area, and support needs for planting according to Model 02 Appendix IIB issued together with this Circular, sends it to the Department of Agriculture and Rural Development for submission to the Chairman of the provincial People's Committee for approval; organizes support, manages, and uses funds in accordance with current laws.

Article 5. Management of planted forests from afforestation funds ^[18]

Planted forests from afforestation funds, upon completion and acceptance, shall be managed according to the regulations on special-use forests, protective forests, and production forests.

Article 6. Risk management for replacement forests

The area of planted forests from afforestation funds that suffer losses due to unforeseeable causes leading to failure to become forests or loss of forests shall be liquidated in accordance with the laws on liquidation of planted forests.

Article 7. Implementation Organization

1. The Forestry Department: ^[19]

a) Organizes the implementation of this Circular; guides, monitors, urges, and inspects the implementation of afforestation replacement nationwide;

b) Selects localities to implement afforestation replacement, reallocates afforestation replacement funds for funds transferred by localities to the Vietnam Forest Protection and Development Fund in accordance with this Circular;

c) Annually, before January 31, summarizes and reports to the Ministry of Agriculture and Rural Development on the results of afforestation replacement in the previous year nationwide.

2.^[20] Provincial People's Committees:

a) Directs and organizes the implementation of this Circular within their province;

b) Approves unit prices for afforestation replacement within their province; assigns tasks to project sponsors for afforestation replacement within their province;

c) Directs the planting of replacement forests within twelve months from when the project sponsor pays money into the provincial Forest Protection and Development Fund; organizes the implementation of afforestation replacement at the local level with funds paid by the project sponsor, ensuring no fund accumulation.

3.^[21] Department of Agriculture and Rural Development:

a) Advises the provincial People's Committee to organize the implementation of afforestation replacement work within their province;

b) Advises the provincial People's Committee to approve unit prices and adjust unit prices for afforestation replacement, assign tasks to project sponsors for afforestation replacement within their province; advises the Chairman of the provincial People's Committee to issue documents to the Ministry of Agriculture and Rural Development if the locality has a need to accept afforestation replacement funds; takes the initiative to contact and provide information about provinces needing afforestation replacement when the locality no longer has land for afforestation replacement to the Ministry of Agriculture and Rural Development;

c) Leads the review of Afforestation Replacement Plans, designs, and budgets of project sponsors;

d) Organizes inspections and supervision of afforestation replacement work within their province;

đ) Annually, before December 15, reports to the provincial People's Committee and the Forestry Department on the results of afforestation replacement within their province according to Model Number 01 Appendix IV issued together with this Circular.

4.^[22] (abolished).

5. Forest Protection and Development Funds at all levels:

a) Receives and disburses afforestation replacement funds submitted by project sponsors according to the decision of the competent authority;

b) Cooperates in inspecting and supervising the implementation of afforestation replacement by units and organizations assigned afforestation replacement funds;

c) Annually, before December 15, reports to the supervisory agency on the results of receiving and disbursing afforestation replacement funds submitted by project sponsors or transferred by the Vietnam Forest Protection and Development Fund according to Model Number 02 Appendix IV issued together with this Circular.

6. Project sponsors who organize afforestation replacement, organizations assigned as sponsors for afforestation replacement shall:

a)^[23] Develop designs and budgets for afforestation replacement to submit for approval by the competent authority in accordance with point b, Clause 3, Article 2 of this Circular;

b) Implement afforestation replacement until completion and acceptance, organize the management and use of replacement forests in accordance with this Circular;

c) During the investment phase, report annually before November 30 on the results of afforestation, care, and protection of replacement forest areas to the Department of Agriculture and Rural Development for consolidation.

Article 8. Effective Date^[24]

1. This Circular takes effect from February 15, 2023.

2. Circular No. 13/2019/TT-BNNPTNT dated October 25, 2019 of the Minister of Agriculture and Rural Development on afforestation replacement when changing the purpose of forest use to other purposes ceases to be effective from the date this Circular comes into force.

3. Transitional Provisions:

a) Project sponsors with approved Afforestation Replacement Plans or have been granted permission to pay afforestation replacement funds by the competent authority before this Circular takes effect shall implement in accordance with Circular No. 13/2019/TT-BNNPTNT dated October 25, 2019 of the Minister of Agriculture and Rural Development on afforestation replacement when changing the purpose of forest use to other purposes;

b) Project sponsors with unapproved Afforestation Replacement Plans or without permission to pay afforestation replacement funds from the competent authority before this Circular takes effect shall implement in accordance with this Circular;

c)^[25] For afforestation replacement funds already paid by project sponsors into the provincial Forest Protection and Development Fund but without plans, contents, or usage before this Circular takes effect, the provincial People's Committee shall implement afforestation replacement in accordance with this Circular, ensuring the replanting area is not less than the area paid by project sponsors.

4. Legal normative documents cited and applied in this Circular, when amended, supplemented, or replaced, shall be implemented according to the amended, supplemented, or replacing documents.

ANNEX I

MODEL FOR REGISTRATION OF RECEIPT OF AFFORESTATION REPLACEMENT FUNDS
(Issued together with Circular No. 24/2024/TT-BNNPTNT dated December 12, 2024 of the Minister of Agriculture and Rural Development)

Form No. 01^[26]

Respected: Ministry of Agriculture and Rural Development

Based on Circular No.     /……/TT-BNNPTNT dated…/…/….. of the Minister of Agriculture and Rural Development on afforestation replacement when changing the purpose of forest use to other purposes, the People's Committee of the province…/name of unit reviews the land fund to ensure criteria for afforestation replacement and has the following needs for afforestation replacement:

1. Total area to be planted with replacement forests: ... ha, including:

- Special-purpose forest planting...

- Protective forest planting...

- Production forest planting...

2. Unit price for forest planting on the provincial territory/unit: ... dong/ha (Decision number: .../QĐ-... dated ..., month ..., year ....).

3. Total estimated budget: ... billion dong.

(Details in the attached Replacement Forest Planting Plan Schedule)

The People's Committee of the province/city .../name of unit requests the Ministry of Agriculture and Rural Development to consider reallocating funds from the Vietnam Forest Protection and Development Fund for the province/unit to arrange for replacement forest planting./.

ATTACHMENT: REPLACEMENT FOREST PLANTING PLAN FOR THE YEAR ...

(Attached to Document number: .../... dated ... month ... year ... of the People's Committee of the province/city .../name of unit)

Form No. 02[27]

REPLACEMENT FOREST PLANTING PLAN

(Repealed)

ANNEX II

MODEL DOCUMENT APPROVING FOREST REPLACEMENT PLAN
(Issued together with Circular No. 25/2022/TT-BNNPTNT dated December 30, 2022 of the Minister of Agriculture and Rural Development)

Form No. 01

DOCUMENT REQUESTING APPROVAL OF FOREST REPLACEMENT PLAN

Respectfully submitted to:...

Name of Project Leader:…

Address:…

Based on Circular No. /2022/TT-BNNPTNT dated .../.../2022 of the Minister of Agriculture and Rural Development regarding the replanting of forests when converting forest land use to other purposes,... (name of project leader) requests ... to approve the forest replacement plan as follows:

1. Total area of forest land converted to other uses: ... ha

2. Type of forest land converted to other uses (natural forest, plantation):...

3. Forest replanting:

- Total area required for replanting: ... ha

- Location of replanting: lot ..., compartment ..., sub-district ..., commune ..., district ..., province ...

- Category of land planned for forest (special purpose, protective, production):...

(Forest replanting design and budget estimates sent along with this document27)

...(name of project leader) commits to organizing the implementation of forest replanting to be completed within 12 months from the date the forest replanting plan is approved by the competent authority, in case of violation, responsibility will be borne under the law./.

___________________

^[27] The budget estimate and design for replanting forests are based on economic and technical norms for forest planting, care, and protection according to Decision No. 38/2005/QĐ-BNN dated July 6, 2005 of the Minister of Agriculture and Rural Development on economic and technical norms for forest planting, encircling and promoting regeneration and forest protection; Circular No. 15/2019/TT-BNNPTNT dated October 30, 2019 of the Ministry of Agriculture and Rural Development on managing public investment in forestry works; Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on forestry measures; Circular No. 17/2022/TT-BNNPTNT dated October 27, 2022 of the Minister of Agriculture and Rural Development amending and supplementing some articles of Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on forestry measures; daily labor wage rates, material prices, and seedling prices in the locality.

Form No. 02

FOREST REPLANTING PLAN

FOREST REPLANTING PLAN

I. BASIS FOR DEVELOPMENT

.......

.......

II. GENERAL INFORMATION ON THE PROJECT LEADER WHO TRANSFERS FOREST USE PURPOSES TO OTHER PURPOSES

(Overview of the name of the Project Leader, field of operation, etc.)

III. INFORMATION ON THE AREA OF FOREST TRANSFERRED FROM FOREST USE PURPOSES TO OTHER PURPOSES

1. Project Name:

............................

2. Information on the area of forest planned to be transferred from forest use purposes to other purposes (statistical by forest lot)

IV. CONTENT OF THE FOREST REPLANTING PLAN

1. Area for replanting forest:

- Location: lot ..., compartment ..., sub-district ..., commune ..., district ..., province ...

- Category of land planned for forest (protective, special purpose, production):...

2. Forest replanting plan: Determine tree species, density, planting method, care according to Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on forestry measures; Circular No. 17/2022/TT-BNNPTNT dated October 27, 2022 of the Minister of Agriculture and Rural Development amending and supplementing some articles of Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018.

- Tree species...

- Density...

- Planting method (mixed, pure):...

- Care and protection of planted forests:...

- Time and progress of planting (details for each year)...

- Construction of firebreaks (km)...

- Investment cost per hectare according to the unit price decided by the provincial People's Committee (million dong):...

- Total investment cost for replanting forests...

V. PETITION

...........................................................................................................................

...........................................................................................................................

...........................................................................................................................

ANNEX IIA

COMMITMENT TO PAY FOR REPLANTING FORESTS^[28]
(Attached to Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023 of the Minister of Agriculture and Rural Development)

COMMITMENT FORM

Regarding payment for replanting forests

To: Provincial People's Committee, city ……

Project Name:...

Legal representative of the project leader:…

Address:…

Based on Circular No.:    /…../TT-BNNPTNT dated…/…/…… of the Ministry of Agriculture and Rural Development regarding replanting forests when transferring forest use purposes to other purposes,... (name of project leader) commits to implementing the following contents:

1. Name of Rural Industrial Enterprise (

1. Total area of forest transferred from use purposes to other purposes:…

2. Type of forest:

- According to forest use purpose (special purpose, protective, production):…

- According to origin (natural forest, plantation): …

3. Total area required for replanting forests:…

II. CONTENT OF THE COMMITMENT

…(name of Project Leader) commits to implementing the following contents:

1. Pay the replanting forest fee according to the provincial People's Committee's replanting forest unit price (place of submitting application).

2. Pay the full difference in fees according to the provincial People's Committee's replanting forest unit price at the location accepting replanting forests, after receiving notification from the provincial People's Committee (place of submitting application), ensuring compliance with the specified time and regulations.

If there is a breach of commitment, we will fully bear the responsibility under the law./.

ANNEX IIB

(Attached to Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023 of the Minister of Agriculture and Rural Development)

Form No. 01^[29]

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Hanoi, day …. month ….. year …

COMMITMENT FORM

On supporting the planting of production forests of large timber species

Respectfully submitted to: ...

1. Name of Rural Industrial Enterprise (

My name is:...

Date of birth: …Gender:…

Place of origin…Ethnic group:…

Permanent residence address:...

ID card number:…Date of issue: …Place of issue:…

Contact phone number: …

II. IMPLEMENTATION CONTENTS

1. Area, tree species, and planting location for forest

- Area:...ha; tree species:...

- Location: Sub-zone..., Plot..., Lot...

b) To bear responsibility for the legality of the contributed capital to the Credit Union ….;

I commit to planting large timber trees and harvesting wood from the planted forest after 10 years on the land allocated for production forest development.

If I violate the above commitments, I will fully bear responsibility under the law.

Form No. 02^[30]

SUMMARY OF REQUIREMENTS FOR SUPPORT IN PLANTING PRODUCTION FORESTS WITH LARGE TIMBER TREES

NAME OF THE ORGANIZATION^[31]………….

ANNEX III

DOCUMENT REQUESTING APPROVAL TO PAY MONEY FOR REPLACEMENT FOREST PLANTING
(Issued together with Circular No. 25/2022/TT-BNNPTNT dated December 30, 2022 of the Minister of Agriculture and Rural Development)

Respectfully submitted to:...

Project proponent's name:...

Address:…

Based on Decision...Regarding the approval of the policy to change the purpose of forest use, specifically:

1. Total area of forest converted to other purposes:... ha,

2. Type of forest converted to other purposes (natural forest, planted forest):…

Due to lack of conditions to organize replacement forest planting as prescribed in Circular No.../2022/TT-BNNPTNT dated month day 2022 of the Minister of Agriculture and Rural Development on replacement forest planting when changing the purpose of forest use to other purposes…(1)…I respectfully request the People's Committee of Province...(2)…to consider and decide that...(1)... be allowed to pay money for replacement forest planting as prescribed.

...(1)...respectfully requests the People's Committee of Province...(2)…to consider and decide./.

ANNEX IV

TEMPLATE FOR REPORT ON RESULTS OF REPLACEMENT FOREST PLANTING YEAR…
(Issued together with Circular No. 25/2022/TT-BNNPTNT dated December 30, 2022 of the Minister of Agriculture and Rural Development)

Form No. 01

REPORT ON RESULTS OF REPLACEMENT FOREST PLANTING YEAR…
OF THE DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

REPORT ON RESULTS OF REPLACEMENT FOREST PLANTING YEAR…

Respectfully submitted to:...

Implementing the plan for the year…

Implementing regulations on replacement forest planting as stipulated in Circular No      /2022/TT- BNNPTNT dated month day 2022 of the Minister of Agriculture and Rural Development on replacement forest planting when changing the purpose of forest use to other purposes.

The Department of Agriculture and Rural Development of Province…reports the results of replacement forest planting in year…as follows:

1. Implementation of regulations on replacement forest planting in the locality

- Issuing and advising on issuing related documents on replacement forest planting;

- Directing and implementing legal regulations, directives, and guidelines from the state regarding replacement forest planting.

- Inspecting and supervising replacement forest planting.

2. Results of implementation of replacement forest planting

- Total number of projects converting forest land use to other purposes on the provincial territory is…projects with total forest area converted to other purposes being... ha, including:

+ Planted forest…ha;

+ Natural forest:…ha.

+ Total area required for replacement forest planting is…ha.

+ Total area planted and paid…ha

a. Project proponents organizing replacement forest planting themselves

Total approved replanting plans:…plans.

Area of replacement forest planting according to approved plans…ha

Area planted…, achieving…% of the planned replanting area

Unimplemented area…, remaining…% of the planned replanting area

b. Project proponents paying money for replacement forest planting

Total amount of money for replacement forest planting to be paid to the Forest Protection and Development Fund of the province... million dong, including:

- Total amount of money for replacement forest planting paid by…project proponents to the Forest Protection and Development Fund of the province…is... million dong. Achieving…%

- Total amount of money for replacement forest planting still to be paid by…project proponents to the Forest Protection and Development Fund of the province... is... million dong. Achieving…%

3. Results of disbursing money for replacement forest planting:

- Total amount of money disbursed for replanting projects is…million dong, including:

+ Special-use forest planting…ha, achieving %; Amount paid…million dong, achieving…%

+ Protective forest planting…ha, achieving %; Amount paid…million dong, achieving…%

+ Production forest planting…ha, achieving %; Amount paid…million dong, achieving…%

+ Transferred to the National Forest Protection and Development Fund:…million dong, corresponding to…ha of replanted forest.

- Total amount of money still to be disbursed for finalizing project replanting accounts and caring for replanted forests is:…million dong.

- Total amount of money not yet spent is... million dong.

4. Limitations and shortcomings:

5. Causes:

- Subjective causes:

- Objective causes

6. Recommendations and proposals:

Form No. 02

REPORT ON RESULTS OF COLLECTION AND EXPENDITURE OF MONEY FOR REPLACEMENT FOREST PLANTING YEAR…
OF THE FOREST PROTECTION AND DEVELOPMENT FUND

REPORT ON RESULTS OF COLLECTION AND EXPENDITURE OF MONEY FOR REPLACEMENT FOREST PLANTING YEAR…

Respectfully submitted to:...

The Forest Protection and Development Fund...(1)... reports the results of collection and expenditure of money for replacement forest planting in year…as follows:

1. Results of collecting money for replacement forest planting

- Total amount of money for replacement forest planting received by the Fund in the year:…billion dong, including

+ Payments made by project proponents:…billion dong (details by each proponent)

+ Transfers from the National Forest Protection and Development Fund:…billion dong.

- Cumulative total amount of money for replacement forest planting received by the Fund since its operation until the reporting date:…billion dong.

2. Results of disbursing money for replacement forest planting.

- Total amount of money disbursed by the Fund in the year:…billion dong, including

+ Amount disbursed for the first year's planting and care activities:…billion dong. (details by each investor)

+ Amount disbursed for care activities from the second year onwards:…billion dong. (details by each investor)

- Total amount of money disbursed by the Fund since its operation until the reporting date:…billion dong. (details by each investor)

- Amount of money still to be disbursed by the Fund in subsequent years:…billion dong. (details by each investor)

3. Limitations and shortcomings:

4. Cause:

5. Recommendations and proposals:

^[2] Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, is based on the following grounds:

"Based on Decree No. 105/2022/NĐ-CP dated December 22, 2022, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Forestry Law on November 15, 2017; At the proposal of the Director of the Forest Management Department;

The Minister of Agriculture and Rural Development issues this Circular amending and supplementing certain articles of circulars in the forestry sector."

Circular No. 24/2024/TT-BNNPTNT dated December 12, 2024, of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, based on the following grounds:

"Based on Decree No. 105/2022/NĐ-CP dated December 22, 2022, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Forestry Law dated November 15, 2017;

Based on Decree No. 58/2024/NĐ-CP dated May 24, 2024, of the Government stipulating some investment policies in forestry;

Based on Decree No. 156/2018/NĐ-CP dated November 16, 2018, of the Government detailing and guiding the implementation of some provisions of the Forestry Law; Decree No. 91/2024/NĐ-CP dated July 18, 2024, of the Government amending and supplementing some articles of Decree No. 156/2018/NĐ-CP dated November 16, 2018, of the Government detailing and guiding the implementation of some provisions of the Forestry Law;

Based on Decree No. 168/2016/NĐ-CP dated December 27, 2016, of the Government stipulating forest concession, orchard area, and water surface area in special-use forest management boards, protective forests, and State-owned agricultural and forestry limited liability companies;

At the proposal of the Director of the Forest Management Department;

The Minister of Agriculture and Rural Development issues this Circular to amend and supplement certain articles of circulars in the forestry sector.

^[3] This provision is amended and supplemented according to the provisions of Clause 1, Article 1 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, which takes effect from February 1, 2024.

[4This clause is amended and supplemented according to the provisions of Point a, Clause 1, Article 2 of Circular No. 24/2024/TT-BNNPTNT dated December 12, 2024, of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, which takes effect from January 27, 2025.

^[5] This point is amended and supplemented according to the provisions of Point b, Clause 1, Article 2 of Circular No. 24/2024/TT-BNNPTNT dated December 12, 2024, of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, which takes effect from January 27, 2025.

^[6] This point is amended and supplemented according to the provisions of Point c, Clause 1, Article 2 of Circular No. 24/2024/TT-BNNPTNT dated December 12, 2024, of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, which takes effect from January 27, 2025.

^[7] This clause is amended and supplemented according to the provisions of Point d, Clause 1, Article 2 of Circular No. 24/2024/TT-BNNPTNT dated December 12, 2024, of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, which takes effect from January 27, 2025.

^[8] This clause is amended and supplemented according to the provisions of Point a, Clause 2, Article 1 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, which takes effect from February 1, 2024.

^[9] This point is amended and supplemented according to the provisions of Point b, Clause 2, Article 1 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, which takes effect from February 1, 2024.

[1This point is amended and supplemented according to the provisions of Point c, Clause 2, Article 1 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, which takes effect from February 1, 2024.

^[11] This point is amended and supplemented according to the provisions of Clause 2, Article 2 of Circular No. 24/2024/TT-BNNPTNT dated December 11, 2024, of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, which takes effect from January 27, 2025.

^[12] This point is amended and supplemented according to the provisions of Point c, Clause 2, Article 1 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, which takes effect from February 1, 2024.

^[13] This clause is amended and supplemented according to the provisions of Clause 3, Article 1 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, which takes effect from February 1, 2024.

^[14] This clause is amended and supplemented according to the provisions of Clause 3, Article 1 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, which takes effect from February 1, 2024.

^[15] This clause is added according to the provisions of Clause 3, Article 1 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, which takes effect from February 1, 2024.

^[16] This point is amended and supplemented according to the provisions of Clause 3, Article 2 of Circular No. 24/2024/TT-BNNPTNT dated December 12, 2024, of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, which takes effect from January 27, 2025.

^[17] This clause is added according to the provisions of Clause 3, Article 1 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, of the Minister of Agriculture and Rural Development amending and supplementing certain articles of circulars in the forestry sector, which takes effect from February 1, 2024.

^[18] This provision is amended and supplemented pursuant to Clause 4, Article 1 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain provisions of Circulars in the forestry sector, which shall take effect from February 1, 2024.

^[19] The name of this clause is amended and supplemented pursuant to Point a, Clause 5, Article 1 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain provisions of Circulars in the forestry sector, which shall take effect from February 1, 2024.

^[20] This clause is amended and supplemented pursuant to Point b, Clause 5, Article 1 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain provisions of Circulars in the forestry sector, which shall take effect from February 1, 2024.

^[21] This clause is amended and supplemented pursuant to Point c, Clause 5, Article 1 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain provisions of Circulars in the forestry sector, which shall take effect from February 1, 2024.

^[22] This clause is repealed pursuant to Point d, Clause 5, Article 1 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain provisions of Circulars in the forestry sector, which shall take effect from February 1, 2024.

^[23] This point is amended and supplemented pursuant to Point đ, Clause 5, Article 1 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain provisions of Circulars in the forestry sector, which shall take effect from February 1, 2024.

^[24] Article 14 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain provisions of Circulars in the forestry sector, which shall take effect from February 1, 2024, provides as follows:

“Article 14. Implementation clause

1. This Circular takes effect from February 1, 2024.

2. During the implementation of this Circular, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly report them to the Ministry of Agriculture and Rural Development for guidance, research, and amendment.

Article 5 of Circular No. 24/2024/TT-BNNPTNT dated December 12, 2024, issued by the Minister of Agriculture and Rural Development to amend and supplement certain provisions of Circulars in the forestry sector, which shall take effect from January 27, 2025, provides as follows:

"Article 5. Effectiveness of Implementation

1. This Circular takes effect from January 27, 2025.

2. In cases where the legal normative documents or standards cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replaced documents.

3. During the implementation of this Circular, if there are difficulties or obstacles, it is requested that relevant agencies, organizations, and individuals promptly report them to the Ministry of Agriculture and Rural Development for consideration and resolution.

^[25] This point is amended and supplemented pursuant to Clause 6, Article 1 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain provisions of Circulars in the forestry sector, which shall take effect from February 1, 2024.

^[26] This form is replaced by Form No. 01 Appendix III promulgated together with Circular No. 24/2024/TT-BNNPTNT dated December 12, 2024, issued by the Minister of Agriculture and Rural Development to amend and supplement certain provisions of Circulars in the forestry sector, which shall take effect from January 27, 2025 (and amended and supplemented at Clause 7, Article 1 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain provisions of Circulars in the forestry sector, which shall take effect from February 1, 2024).

^[27] This form is repealed pursuant to Point b, Clause 7, Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain provisions of Circulars in the forestry sector, which shall take effect from February 1, 2024.

^[28] This appendix is added pursuant to Point c, Clause 7, Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain provisions of Circulars in the forestry sector, which shall take effect from February 1, 2024.

^[29] Form No. 01 of this appendix is added pursuant to Point c, Clause 7, Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain provisions of Circulars in the forestry sector, which shall take effect from February 1, 2024.

^[30] Form No. 02 of this appendix is added pursuant to Point c, Clause 7, Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain provisions of Circulars in the forestry sector, which shall take effect from February 1, 2024.

^[31] Agencies and units assigned by the Provincial People's Committee to implement support for production forest planting from the forest planting replacement budget due to the project owner changing the land use purpose of the forest shall submit.