CIRCULAR

Provisions on replanting forests when changing the purpose of forest land use to other purposes

to other purposes

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; The Minister of Agriculture and Rural Development issues this Circular stipulating provisions on replanting forests when changing the purpose of forest land use to other purposes

Pursuant to the Forestry Law dated November 15, 2017;

Pursuant to Decree No. 156/2018/NĐ-CP dated November 16, 2018 of the Government detailing the implementation of certain provisions of the Forestry Law;

At the proposal of the Director General of the Forest Administration;

This Circular stipulates provisions on replanting forests when changing the purpose of forest land use to other purposes..

Article 1. Scope of Regulation and Applicability

1. Scope of application

Article 2. Scope of application

Organizations, households, individuals, and community groups involved in replanting forests when changing the purpose of forest land use to other purposes.

1. Organizations and individuals involved in replanting forests when changing the purpose of forest land use to other purposes must strictly comply with forestry laws and related laws. The Chairman of the People's Committee at the provincial level shall be responsible for the results of replanting forests within their jurisdiction.

Article 3. General Provisions

2. Organizations and individuals approved by competent state agencies to change the purpose of forest land use to other purposes (hereinafter referred to collectively as the Project Owner) have the obligation to replant forests.

a) In cases where the Project Owner does not have the conditions to replant forests themselves, they shall fulfill the obligation to replant forests by paying money into the Forest Protection and Development Fund to organize planting according to the provisions of Article 4 of this Circular.

b) In cases where the Project Owner replants forests themselves but still lacks the area required for replanting due to insufficient land area, they shall fulfill the obligation to replant forests by paying money into the Forest Protection and Development Fund for the shortfall area.

3. The funds for replanting forests paid by the Project Owner into the Forest Protection and Development Fund shall be prioritized for use in the following order: special-purpose forests; protective forests; support for productive forest planting; reallocation of funds to plant protective forests and special-purpose forests in other localities.

4. The determination of the area of forest land converted to other purposes shall be carried out according to the provisions of Article 42 of Decree No. 156/2018/NĐ-CP dated November 16, 2018 of the Government detailing certain provisions of the Forestry Law (hereinafter referred to as Decree No. 156/2018/NĐ-CP).

5. The funds for replanting forests shall be determined within the total investment cost of projects that convert forest land use to other purposes.

6. Timber harvested when converting forest land use to other purposes shall be handled according to current laws.

7. The acceptance of replanted forests shall be carried out according to the regulations of the Ministry of Agriculture and Rural Development on managing public investment in forestry works and current national regulations. Acceptance costs shall be determined within the total budget for replanting forests.

1. The Project Owner shall organize replanting forests themselves in the following cases:

Article 3. The project owner plants substitute forests on their own

a) When converting the purpose of special-purpose forests or protective forests or natural productive forests to other purposes: The Project Owner must have land areas without forests planned for developing protective forests or special-purpose forests, which are assigned by the State for planting forests according to the law.

b) When converting the purpose of planted productive forests to other purposes: The Project Owner must have land areas without forests planned for developing forests, which are assigned or leased by the State for planting forests according to the law.

2. Preparing plans for replanting forests

The Project Owner shall prepare plans for replanting forests according to the model attached as Appendix I to this Circular. In cases where the area of forest converted to other purposes lies across multiple provinces or centrally-administered cities, separate plans shall be prepared for each province or centrally-administered city.

3. Documents for approval of replanting forest plans

a) Components of the documents include:

Plan for replanting forests according to the model attached as Appendix I to this Circular;

Request for approval according to the model attached as Appendix II to this Circular;

Decision on the policy to change the purpose of forest land use to other purposes issued by competent state agencies, and other relevant documents (if any).

b) In cases where the documents are in a foreign language, a Vietnamese translation must be provided.

4. Receiving documents for approval of replanting forest plans

a) The Project Owner shall submit directly or through postal services or via electronic means (national single window mechanism, online public service, electronic software, email, fax) one set of documents as stipulated in Clause 3 of this Article to the Department of Agriculture and Rural Development where the replanting forest area is located;

In cases of direct submission or submission through postal services: All components of the documents must be original or certified copies;

In cases of submission via electronic means: All components of the documents must be scanned or photographed from the originals;

The Project Owner shall be responsible for the legality of the submitted documents.

b) In cases where the documents are valid, the Department of Agriculture and Rural Development shall accept them and inform the Project Owner of the date to receive the result immediately upon receipt of the documents;

In cases where the documents are invalid, the Department of Agriculture and Rural Development shall notify the Project Owner immediately upon receipt of the documents in cases of direct submission; by written notice within two working days from the date of receipt of the documents in cases of submission by other methods.

5. Procedures for reviewing and approving replanting forest plans

a) Within twenty working days from the date of receiving valid documents from the Project Owner, the Department of Agriculture and Rural Development shall complete the review. In cases requiring on-site verification of the status of the area converted to other purposes, the proposed replanting forest site, the time to complete the review of the replanting forest plan may be extended, but not exceeding fifteen working days.

a) Within twenty working days from the date of receiving the valid dossier of the Project Owner, the Department of Agriculture and Rural Development shall complete the review. In cases where on-site verification regarding the current status of forest land converted to other purposes, the proposed location for replanting forests, and the time to complete the review of the replanting plan needs to be extended, but not exceeding fifteen additional working days.

The Appraisal Board shall consist of 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 replanting forest is located; and may invite representatives from related scientific organizations. The number of members of the Appraisal Board must be at least five people, including one leader from the Department of Agriculture and Rural Development serving as the Chairman of the Board. In cases where the total replanted forest area is less than ten hectares, the Director of the Department of Agriculture and Rural Development decides on the composition of the Appraisal Board with fewer members.

b) Within three working days from the date of completing the appraisal, the Department of Agriculture and Rural Development shall submit the replanting forest plan to the Provincial People's Committee (hereinafter referred to as the Provincial People's Committee) for consideration and approval. If the Department of Agriculture and Rural Development does not propose the Provincial People's Committee to consider and approve the replanting forest plan, it shall notify the Project Owner in writing of the reasons.

c) Within ten working days from the date of receiving the request for approval of the replanting forest plan from the Department of Agriculture and Rural Development, the Provincial People's Committee shall approve the replanting forest plan, send the result to the Department of Agriculture and Rural Development and the Project Owner. If it does not approve, the Provincial People's Committee shall notify the Department of Agriculture and Rural Development and the Project Owner in writing of the reasons.

6. Implementation of replanting forests

a) After the replanting forest plan has been approved, the Project Owner shall organize the design and budget for replanting forests according to the regulations of the Ministry of Agriculture and Rural Development on managing public investment in forestry works and current regulations, and submit them to the competent authority for approval.

When approving the design and budget for replanting forests, the Provincial People's Committee shall decide specifically on the planting time, the number of years for caring for and protecting replanted forests in accordance with Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018 of the Ministry of Agriculture and Rural Development on forestry measures and actual conditions of the locality, ensuring sufficient time for the planted forest to be accepted as completed according to regulations.

b) The Project Owner must carry out replanting forests within twelve months from the date the replanting forest plan is approved.

7. Time limit for fulfilling the replanting forest obligation

The Project Owner fulfills the replanting forest obligation when the replanted forest area is accepted as completed according to regulations.

Article 4. The project owner shall not plant substitute forests themselves

1. Documents for requesting approval of the payment plan for replanting forests

Plan for replanting forests according to the model attached as Appendix I to this Circular;

A document from the Project Owner requesting the Provincial People's Committee to approve the payment plan for replanting forests;

Decision on the policy to change the purpose of using forest land to other purposes by the competent state agency;

Report on the area and current status of the forest (by purpose of use, source of formation, management authority) planned to change the purpose of use; other relevant documents (if any).

4. Receiving documents for approval of replanting forest plans

2. Acceptance of documents for requesting approval of the payment plan for replanting forests by the Project Owner

a) The Project Owner shall submit directly or through postal services or via electronic environment (national single window mechanism, online public service, electronic software, email, fax) one set of documents as stipulated in Clause 1 of this Article to the Provincial People's Committee where the replanting forest area is located;

In cases of submission via electronic means: All components of the documents must be scanned or photographed from the originals;

The Project Owner shall be responsible for the legality of the submitted documents.

b) In cases where the documents are valid, the Department of Agriculture and Rural Development shall accept them and inform the Project Owner of the date to receive the result immediately upon receipt of the documents;

b) In case the documents are valid, the Provincial People's Committee shall accept them and inform the Project Owner of the date to receive the result immediately upon receipt of the documents;

In case the documents are invalid, the Provincial People's Committee shall notify the Project Owner immediately upon receipt of the documents if submitted directly; in writing within two working days from the date of receipt of the documents if submitted by other means.

3. Procedure for approving payment for replanting forests in cases where the Provincial People's Committee arranges land for replanting forests within its jurisdiction

a) Within fifteen working days from the date of receiving valid documents from the Project Owner as stipulated in Clause 1 of this Article, the Provincial People's Committee shall examine and resolve and notify the Project Owner in writing;

The Provincial People's Committee shall decide on the replanting forest unit price, the total amount to be paid, and the time limit for the Project Owner to fulfill the obligation of paying for replanting forests. The replanting forest unit price shall be calculated based on the projected budget for planting protective and special-purpose forests in the province at the time the Project Owner requests the Provincial People's Committee to approve the payment plan for replanting forests;

The replanting forest unit price shall be determined based on economic and technical standards for planting, caring for, and protecting forests; regulations of the Ministry of Agriculture and Rural Development on managing public investment in forestry works; local labor day rates, material prices, and seedling prices.

b) Within thirty working days from the date the Provincial People's Committee issues the document approving the payment plan for replanting forests, the Project Owner shall pay the full replanting forest amount into the Forest Protection and Development Fund of the province (Department of Agriculture and Rural Development for localities that have not established a Forest Protection and Development Fund);

c) The Forest Protection and Development Fund of the province (Department of Agriculture and Rural Development for localities that have not established a Forest Protection and Development Fund) shall receive the replanting forest payment according to the document approving the payment plan for replanting forests issued by the Provincial People's Committee to organize replanting forests according to regulations.

d) In cases where the Project Owner has paid the replanting forest amount into the Forest Protection and Development Fund of the province (Department of Agriculture and Rural Development for localities that have not established a Forest Protection and Development Fund) as stipulated in points b and c of this clause but the Provincial People's Committee cannot allocate or cannot allocate enough land for replanting forests: within twelve months from the date the Project Owner pays the money, the Forest Protection and Development Fund of the province (Department of Agriculture and Rural Development for localities that have not established a Forest Protection and Development Fund) must transfer the unused amount to the National Forest Protection and Development Fund to organize replanting forests in another locality.

4. Procedure for approving payment for replanting forests in cases where the locality no longer has land in the forest development planning for replanting forests

a) Within five working days from the date of receiving the valid dossier of the Project Owner in accordance with Clause 1 of this Article, the Provincial People's Committee shall submit the dossier in accordance with Point b of this Clause to request the Ministry of Agriculture and Rural Development to approve the plan for paying money to plant substitute forests to be deposited into the Vietnam Forest Protection and Development Fund to organize planting substitute forests in another locality.

b) The dossier requesting of the Provincial People's Committee

The document of the Provincial People's Committee requesting the Ministry of Agriculture and Rural Development to clearly state the reasons why there is no more land planned for forest development to plant substitute forests, accompanied by a list of projects implementing the obligation to pay money for planting substitute forests according to Model III attached to this Circular;

The dossier requesting of the Project Owner in accordance with Clause 1 of this Article.

c) Receiving the dossier requesting of the Provincial People's Committee

The Provincial People's Committee shall directly submit or send through postal service or via online environment (one-stop national mechanism, online public service, electronic software, email, fax) one set of dossier prescribed at Point b of this Clause to the Ministry of Agriculture and Rural Development;

In cases of submission via electronic means: All components of the documents must be scanned or photographed from the originals;

The Project Owner shall be responsible for the legality of the submitted documents.

The Provincial People's Committee shall be responsible for the legality of the submitted dossier.

In case the dossier is valid, the Ministry of Agriculture and Rural Development shall accept it and schedule the result delivery date to the Provincial People's Committee immediately upon receipt of the dossier;

In case the dossier is invalid, the Ministry of Agriculture and Rural Development shall be responsible for notifying the Provincial People's Committee immediately upon receipt of the dossier in case of direct submission; by written notice within two working days from the date of receipt of the dossier in case of submission by other means.

d) Within twenty working days from the date of receiving the valid dossier of the Provincial People's Committee, the Ministry of Agriculture and Rural Development shall examine and arrange for planting substitute forests in another province or city (hereinafter referred to as the location for receiving substitute forest planting); issue a document requesting the Provincial People's Committee at the location for receiving substitute forest planting to prepare and approve the design and budget for planting substitute forests (protective and special-use forests).

đ) Within thirty working days from the date of receiving the document of the Ministry of Agriculture and Rural Development, the Provincial People's Committee at the location for receiving substitute forest planting shall approve the design and budget for planting substitute forests and send them to the Ministry of Agriculture and Rural Development.

The unit price for planting substitute forests shall be determined by the Provincial People's Committee at the location for receiving substitute forest planting at the time of receiving the document of the Ministry of Agriculture and Rural Development approving the planting of substitute forests on the territory, based on: economic and technical norms for planting forests, caring for, and protecting forests; regulations of the Ministry of Agriculture and Rural Development on managing public investment in forestry works; daily labor wage rates, material prices, and seedling prices in the locality.

e) Within ten working days from the date of receiving the decision approving the design and budget for planting forests by the Provincial People's Committee at the location for receiving substitute forest planting, the Ministry of Agriculture and Rural Development (or authorized agency) shall notify in writing to the relevant Provincial People's Committees, the Vietnam Forest Protection and Development Fund, and the Project Owner about the amount of money the Project Owner must pay for planting substitute forests.

g) Within thirty working days from the date the Ministry of Agriculture and Rural Development (or authorized agency) issues a written notification of the amount of money to be paid for planting substitute forests, the Project Owner shall pay the entire amount of money for planting substitute forests to the Vietnam Forest Protection and Development Fund at the provincial level where the Project Owner submitted the dossier (Department of Agriculture and Rural Development for localities that have not established the Vietnam Forest Protection and Development Fund).

h) Within ten working days from the date the Project Owner pays the money for planting substitute forests, the Vietnam Forest Protection and Development Fund at the provincial level (Department of Agriculture and Rural Development for localities that have not established the Vietnam Forest Protection and Development Fund) shall transfer the amount of money paid by the Project Owner to the Vietnam Forest Protection and Development Fund.

5. The Project Owner shall fulfill the obligation of planting substitute forests when notified by the Vietnam Forest Protection and Development Fund at the provincial level where the Project Owner paid the money that the obligation to pay money for planting substitute forests has been fulfilled.

6. Receiving and using money for planting substitute forests

a) Money for planting substitute forests shall be managed, used, settled, and controlled through the State Treasury in accordance with current regulations of the State.

b) The Vietnam Forest Protection and Development Fund shall open an account at the State Treasury in accordance with Point a of Clause 2, Article 77 of Decree No. 156/2018/NĐ-CP.

c) Organizations and units entrusted with the task of organizing the planting of substitute forests shall open an account at the State Treasury to receive money for planting substitute forests, manage it, and implement the control of expenditure on money for planting substitute forests.

d) Money for planting substitute forests shall be used to plant protective and special-use forests in accordance with Clause 7 of this Article.

For money for planting substitute forests paid into the Vietnam Forest Protection and Development Fund at the provincial level (Department of Agriculture and Rural Development for localities that have not established the Vietnam Forest Protection and Development Fund): the Provincial People's Committee shall decide to support the planting of production forests in accordance with Clause 8 of this Article in cases where the locality no longer has vacant land to plant protective and special-use forests.

7. Planting protective and special-use forests

a) The Department of Agriculture and Rural Development shall advise the Provincial People's Committee to assign tasks and allocate funds to the Forest Management Board or organizations and units with functions to plant substitute forests on areas of land planned for protective and special-use forests from the funds for planting substitute forests paid by the Project Owners or transferred back by the Vietnam Forest Protection and Development Fund.

Based on the plan for allocating funds for planting substitute forests to the Forest Management Boards or organizations and units with functions approved by the Provincial People's Committee, the Vietnam Forest Protection and Development Fund at the provincial level (Department of Agriculture and Rural Development for localities that have not established the Vietnam Forest Protection and Development Fund) shall transfer the money for planting substitute forests to the organization or unit implementing the planting of substitute forests in accordance with the law.

b) The Forestry General Department advises the Ministry of Agriculture and Rural Development on the allocation plan for afforestation funds to be distributed to localities for planting substitute forests on areas designated as protective forest land and special-use forest land, with respect to funds transferred from localities to the Vietnam Forest Protection and Development Fund pursuant to point d, Clause 3 and Clause 4 of this Article.

Based on the approved allocation plan for afforestation funds for localities by the Ministry of Agriculture and Rural Development, the Vietnam Forest Protection and Development Fund shall transfer afforestation funds back to the provincial-level Forest Protection and Development Fund (Department of Agriculture and Rural Development for localities that have not established a Forest Protection and Development Fund) where the substitute forest planting will take place, in accordance with the provisions of the law for afforestation.

The provincial-level Forest Protection and Development Fund (Department of Agriculture and Rural Development for localities that have not established a Forest Protection and Development Fund) where substitute forest planting takes place shall transfer afforestation funds to organizations and units responsible for implementing substitute forest planting in accordance with the provisions of the law.

c) Organizations and units assigned the task of planting substitute forests shall proceed to prepare, submit for approval the design and budget estimate, and organize the implementation of planting, caring for, and protecting the substitute planted forests until they are accepted as completed according to the regulations of the Ministry of Agriculture and Rural Development on managing public investment in forestry works and current laws.

8. Support for planting production forests

a) Recipients of support: households of ethnic minority groups and poor households of the Kinh people living stably in communes with difficult socio-economic conditions (areas II and III) as stipulated in Article 2 of Government Decree No. 75/2015/ND-CP dated September 9, 2015 on mechanisms and policies for forest protection and development, linked to rapid poverty reduction policies and sustainable support for ethnic minorities during the period 2015-2020 (hereinafter referred to as Decree No. 75/2015/ND-CP), who have a need for support in planting production forests on areas of land not yet allocated for production forest development.

b) Content and level of support: carried out in accordance with the provisions of Article 5 of Government Decree No. 75/2015/ND-CP.

c) Lists of recipients, areas, and needs for support in planting production forests are compiled in accordance with the guidelines set forth in Appendix IV attached to this Circular.

Article 5. Management and utilization of substitute planted forests after investment

1. For areas of forest formed by the Project Owner planting according to the provisions of Article 3 of this Circular, the Project Owner continues to manage, protect, develop, and utilize the forest; enjoys benefits and fulfills obligations under the law regarding special-use forests, protective forests, and production forests.

2. For areas of special-use forests and protective forests formed from substitute afforestation funds paid by Project Owners, the Forest Management Board and relevant units continue to manage, protect, and develop the forest in accordance with the law regarding special-use forests and protective forests.

3. For areas of production forests of household families supported by substitute afforestation funds paid by Project Owners, household families are responsible for managing, protecting, developing, and utilizing the forest; enjoy the full value of forest products after fulfilling financial obligations under the law regarding production forests.

Article 6. Handling Risks Due to Natural Disasters

1. For areas of production forests damaged by natural disasters, support shall be provided in accordance with the provisions of Government Decree No. 02/2017/ND-CP dated January 9, 2017 on mechanisms and policies to support agricultural production to restore production in areas affected by natural disasters and epidemics.

2. For areas of protective forests and special-use forests damaged by natural disasters, liquidation shall be carried out in accordance with the provisions of Circular No. 18/2013/TT-BTC dated February 20, 2013 of the Minister of Finance guiding the procedures and formalities for liquidating planted forests and managing and using the proceeds from the liquidation of planted forests that have not become forests or have no potential to become forests.

3. The statistics and assessment of damage caused by natural disasters shall be conducted in accordance with Joint Circular No. 43/2015/TTLT-BNNPTNT-BKHĐT dated November 23, 2015 of the Minister of Agriculture and Rural Development and the Minister of Planning and Investment guiding the statistics and assessment of damage caused by natural disasters.

4. The process of providing financial support shall be applied in accordance with the provisions of Decision No. 01/2016/QĐ-TTg dated January 19, 2016 of the Prime Minister on mechanisms and processes for providing financial support to localities to mitigate the consequences of natural disasters.

Article 7. Responsibilities 1. This Circular takes effect from February 15, 2026; Circular No. 24/2013/TT-BKHCN dated September 30, 2013 of the Minister of Science and Technology on activities related to calibration, verification, testing of measuring instruments, and measurement standards shall cease to be effective from the date this Circular takes effect.

1. The General Department of Forestry shall aggregate, report, inspect, and supervise, and propose solutions to difficulties encountered during the implementation of afforestation replacement nationwide.

2. Departments of Agriculture and Rural Development shall organize the implementation of afforestation replacement work within their respective jurisdictions.

3. The Forest Protection and Development Fund shall receive and disburse funds for afforestation replacement submitted by Project Owners, participate in supervising the implementation of afforestation replacement by units and organizations assigned afforestation replacement funding.

4. Project Owners and units and organizations assigned afforestation replacement funding shall strictly comply with current laws regarding afforestation replacement; organize planting, caring for, and protecting the forest until it is accepted as completed according to regulations; comply with reporting requirements on the results of implementation.

Article 8. Effective Date

1. This Circular takes effect from January 1, 2020.

2. Circular No. 23/2017/TT-BNNPTNT dated November 15, 2017 of the Ministry of Agriculture and Rural Development on afforestation replacement when changing the purpose of forest use to other purposes shall cease to be effective from the date this Circular takes effect.

3. Legal normative documents cited for application in this Circular, when amended, supplemented, or replaced according to current State regulations, shall be implemented in accordance with the amended, supplemented, or replacing documents.

4. During the implementation of this Circular, if there are difficulties, agencies, units, and localities are requested to report in writing to the Ministry of Agriculture and Rural Development for consideration and resolution.

Article 9. Transitional Provisions

1. For afforestation replacement plans currently being implemented in accordance with Circular No. 23/2017/TT-BNNPTNT dated November 15, 2017 of the Ministry of Agriculture and Rural Development or already approved, where the content complies with the provisions of Clause 1, Article 3 of this Circular but has not been implemented before this Circular takes effect, they shall continue to be implemented according to the approved plan.

2. For Project Owners who have received approval from competent authorities for plans to pay afforestation replacement funds into the Forest Protection and Development Fund, where the content complies with the provisions of the Forestry Law but have not paid the funds before this Circular takes effect, they must implement payment of afforestation replacement funds in accordance with this Circular, and Project Owners do not need to reapply for approval of the plan to pay afforestation replacement funds.

3. For Project Owners who have submitted applications for approval of afforestation replacement plans, or applications for approval of plans to pay afforestation replacement funds before this Circular takes effect but have not yet been approved, they shall implement in accordance with this Circular.

4. For projects funded by state budget that changed the purpose of forest use to other purposes before the effectiveness of Circular No. 23/2017/TT-BNNPTNT dated November 15, 2017 of the Ministry of Agriculture and Rural Development and have not determined afforestation replacement costs in the total project investment, Departments of Agriculture and Rural Development shall compile lists of projects and areas of forests requiring replacement planting, report to the People's Committee of the province to include them in the annual new afforestation plan of the province./.