Decree No. 140/2024/NĐ-CP stipulates on the liquidation of planted forests

DECREE

Article 24etermining on the liquidation of planted forests

 

||| Pursuant to the Law on Organization of the Government dated June 19, 2015; Law amending and supplementing certain articles of the Government Organization Law and the Local Administration Law dated November 22, 2019; Pursuant to the Public Investment Law dated June 13, 2019

The Government issues this Decree to regulate the liquidation of planted forests.;

Pursuant to the Law on Management and Use of State Assets dated June 21, 2017;

Pursuant to the Forestry Law dated November 15, 2017;

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

1. This Decree stipulates the procedures and formalities for the liquidation and management and utilization of funds obtained from the liquidation of state-owned planted forests.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. In cases where international treaties to which Vietnam is a party provide specific provisions, the liquidation of planted forests shall be carried out in accordance with such treaties.

1. This Decree applies to state agencies, organizations, households, individuals, and community groups involved in activities related to the liquidation of planted forests as provided for in Clause 1 of Article 1 of this Decree.

Article 2. Applicability

2. It is encouraged to apply the provisions regarding the liquidation of planted forests set forth in this Decree to planted forests owned by organizations, households, individuals, and community groups as stipulated in Clause 2 of Article 7 of the Forestry Law.

1. State-owned planted forests are planted forests funded entirely by the State through programs, projects, and scientific and technological tasks (hereinafter referred to as projects); planted forests of state forest owners funded by replanting costs when changing the purpose of forest use to other purposes; planted forests that have been reclaimed by the State, given as gifts, or transferred ownership according to the provisions of the law.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

2. The liquidation of planted forests refers to financial and asset handling for planted forests damaged due to one of the causes specified in Article 4 of this Decree.

Article 4. Causes for the Liquidation of Planted Forests

1. Due to natural disasters as defined by laws on disaster prevention and control, including: typhoons, tropical depressions, strong winds at sea, whirlwinds, lightning, heavy rain, floods, flash floods, flooding; landslides, land subsidence caused by rain and floods or water flow or drought; water rise, saltwater intrusion, heatwaves, drought, wildfires caused by nature, cold damage, hailstorms, fog, salt mist, earthquakes, tsunamis, and other types of natural disasters, accidents, and catastrophes.

2. Due to pests, diseases, and other harmful organisms affecting forests.

Article 5. Principles of the Liquidation of Planted Forests

1. Compliance with forestry laws; laws on public investment management; and laws on the management and use of state assets.

2. Ensuring timely liquidation of planted forests to avoid loss and waste of investment funds and assets.

3. Implementing liquidation for areas of planted forests that have suffered damage and ensuring full legal documentation as required by law.

4. Restoring forests after liquidation in accordance with forestry laws.

LIQUIDATION OF PLANTED FORESTS AND MANAGEMENT AND USE OF FUNDS OBTAINED FROM THE LIQUIDATION OF PLANTED FORESTS

Chapter II

Article 6. Authority to Decide on the Liquidation of Planted Forests

1. The Minister or Head of a central agency shall define the authority to decide on the liquidation of planted forests within their respective jurisdictions.

2. The People's Council of a province shall define the authority to decide on the liquidation of planted forests within their jurisdiction.

Article 7. Cases Where Planted Forests Are Subject to Liquidation

1. Planted forests in the investment phase that suffer damage due to one of the causes specified in Article 4 of this Decree and fail to meet the acceptance criteria after planting as stipulated by laws on public investment in forestry works.

2. Planted forests after the investment phase that suffer damage due to one of the causes specified in Article 4 of this Decree and do not meet national standards for planted forests. Only trees that are no longer capable of recovery should be harvested or cut down; trees still capable of recovery should be inventoried, counted, and solutions for recovery proposed in the Forest Liquidation Plan according to Model No. 04 attached to this Decree.

2. Forest plantations after the investment phase suffer damage due to one of the causes specified in Article 4 of this Decree and fail to meet national standards for forest plantations. Only trees that no longer have the capacity to recover shall be harvested or felled; trees that still have the capacity to recover shall be inventoried, counted, and solutions for recovery proposed in the Plan for Liquidation of Forest Plantations according to Model No. 04 attached to this Decree.

Article 8. Forms of Forest Plantation Liquidation

1. Cutting down and cleaning up the forest for forest plantations without timber value;

2. Selling timber products from harvesting for forest plantations with timber value.

3. Based on each type of forest as specified in Article 7 of this Decree, the competent authority deciding on forest plantation liquidation shall select appropriate forms of forest plantation liquidation suitable to specific conditions at the local level and implement harvesting in accordance with the laws on forestry.

Article 9. Documents for Forest Plantation Liquidation

1. Documents for forest plantations during the investment phase include:

a) A request for forest plantation liquidation according to Model No. 03 attached to this Decree;

b) A plan for forest plantation liquidation according to Model No. 04 attached to this Decree;

c) A field inspection record, determining the cause and damage of the forest plantation according to Model No. 02 attached to this Decree. In cases where the field inspection record was established according to the law before the effective date of this Decree, organizations proposing forest plantation liquidation may use that record to carry out the liquidation procedures;

d) A copy of the design and budget documents for afforestation;

đ) A copy of the decision approving (project, topic...) by the competent state agency;

e) A copy of the annual quantity acceptance report;

g) A copy of the annual financial report;

h) Other related documents (if any).

2. Documents for forest plantations after the investment phase include:

a) The documents stipulated in points a, b, c, d, and đ of Clause 1 of this Article;

b) A copy of the final settlement report of the completed project;

c) Other related documents (if any).

3. Authority receiving documents

a) The specialized management agency under the Ministry of Agriculture and Rural Development assigned tasks by the Minister of Agriculture and Rural Development;

b) Specialized agencies under ministries and central agencies assigned tasks by the Ministers of ministries and heads of central agencies;

c) Local specialized management agencies on forestry assigned tasks by the Chairman of the Provincial People's Committee.

Article 10. Procedures and Formalities for Forest Plantation Liquidation

1. Establishing a Field Inspection Record

a) Within three working days from the end of natural disasters or epidemics, organizations whose forest plantations have been damaged due to causes specified in Article 4 of this Decree shall submit a request for confirmation according to Model No. 01 attached to this Decree to the forest rangers' office at the district level or the specialized agency at the district level assigned (hereinafter referred to as the specialized agency at the district level);

b) Within five working days from the receipt of the request, the specialized agency at the district level shall organize a field inspection to determine the cause and extent of damage to the forest plantation.

The field inspection team consists of representatives from: the specialized agency at the district level; the People's Committee of the commune where the damaged forest is located; the forest owner or the project investor with damaged forests; the specialized agency at the district level responsible for determining the cause (the disaster prevention agency for causes specified in Clause 1 of Article 4 of this Decree or the agency implementing pest control duties for causes specified in Clause 2 of Article 4 of this Decree); other relevant agencies or units (if any).

c) The results of the field inspection are recorded in a record according to Model No. 02 attached to this Decree.

2. Organizations proposing forest plantation liquidation shall submit one set of documents according to Clause 1 of Article 9 of this Decree for forest plantations during the investment phase or Clause 2 of Article 9 of this Decree for forest plantations after the investment phase directly or through postal services or electronic environment to the authority receiving documents as stipulated in Clause 3 of Article 9 of this Decree.

a) In case of direct submission: the authority receiving documents shall check the completeness and validity of the documents and immediately inform the organization about the completeness and validity of the documents within no more than one working day;

b) In case of submission through postal services: within no more than three working days from the receipt of the documents, the authority receiving documents shall examine the completeness and validity of the documents; if the documents are incomplete or invalid according to the law, the authority receiving documents shall notify the organization in writing and specify the reasons;

c) In case of submission through electronic environment, it shall be carried out according to the Government's Decree No. 45/2020/NĐ-CP dated April 8, 2020 on implementing administrative procedures in the electronic environment: within no more than one working day from the receipt of the documents, the authority receiving documents shall examine the completeness and validity of the documents; if the documents are incomplete or invalid according to the law, the authority receiving documents shall notify the organization and specify the reasons.

3. Within thirty days from the receipt of complete and valid documents, the authority receiving documents shall perform the tasks as stipulated in Clause 4 of this Article and submit to the competent authority deciding on forest plantation liquidation according to Model No. 08 attached to this Decree. In case the forest plantation does not meet the conditions for liquidation, the competent authority deciding on forest plantation liquidation shall notify the organization in writing and specify the reasons.

4. After receiving complete and valid documents, the authority receiving documents shall perform the following tasks:

a) Submit to the competent authority deciding on forest plantation liquidation to establish a Liquidation Review Board. The board members include: the Chairman of the Board is the leader of the authority receiving documents; the members of the Board include: representatives of the superior management agency of the organization proposing liquidation (if any), the finance agency; experts and scientists (if any) and representatives of other relevant agencies (if any). The Review Board operates on a part-time basis and is dissolved after completing its tasks. The Liquidation Review Board performs the following tasks:

In cases where necessary, the Chairman of the Forest Plantation Liquidation Review Board shall organize verification and on-site inspection. Participants include representatives from the Review Board; the state management agency for forestry in the area with the proposed forest plantation for liquidation; the People's Committee of the commune where the proposed forest plantation for liquidation is located; the organization owning the forest plantation proposed for liquidation; other relevant agencies (if any). The results of the verification and on-site inspection shall be recorded in a record according to Model No. 05 attached to this Decree.

Organizing a meeting of the Review Board: based on the acceptance criteria after planting forests (for forest plantations during the investment phase) or national standards for forest plantations (for forest plantations after the investment phase), the Review Board shall convene, examine the files, and review the contents of the forest plantation liquidation plan. Prior to the meeting, members of the Board shall submit their opinions in writing, confirmed by their respective units. The results of the meeting shall be recorded in a record according to Model No. 06 attached to this Decree.

b) After receiving the minutes of the Review Board's meeting, the agency receiving the file shall prepare a report on the results of the forest plantation liquidation review according to Model No. 07 attached to this Decree and submit it to the competent authority for decision on forest plantation liquidation. The submitted file includes:

The file as prescribed in Clause 1, Article 9 of this Decree for forest plantations during the investment phase or Clause 2, Article 9 of this Decree for forest plantations after the investment phase;

The record of verification and on-site inspection, determining the extent of forest damage according to Model No. 05 attached to this Decree (in cases where the Review Board organizes verification and on-site inspection);

The record of the Review Board's meeting on forest plantation liquidation according to Model No. 06 attached to this Decree;

The report on the results of the forest plantation liquidation review according to Model No. 07 attached to this Decree;

The draft decision on forest plantation liquidation according to Model No. 08 attached to this Decree.

5. In cases where forest plantation liquidation occurs before this Decree takes effect

a) The liquidation file has been prepared, including: A proposal for forest plantation liquidation that does not become a forest; a copy of the design and budget for forest planting; a copy of the approval decision for the project; a record of on-site verification with confirmation by the People's Committee of the district where the non-forest-forming forest plantation is located; the forest plantation liquidation plan.

b) The procedures and formalities for forest plantation liquidation in this case shall be carried out in accordance with the provisions of Clauses 2, 3, and 4 of this Article.

Article 11. Implementation of forest plantation liquidation

1. Organizations with forest plantations subject to liquidation shall implement forest plantation liquidation according to the liquidation decision issued by the competent authority.

2. Implement exploitation in accordance with the provisions of the law on forestry. In cases of selling timber from exploitation, it shall be carried out in accordance with the provisions of the law on auctioning assets.

3. After completing the forest plantation liquidation, the organization with forest plantations subject to liquidation shall request the competent authority to consider and handle:

a) For forest plantations during the investment phase: Adjust the investment project or adjust the capital plan, design, and budget for forest planting in accordance with the provisions of the law on public investment and public forestry works;

b) For forest plantations after the investment phase: Adjust the value of formed assets and sources of asset formation in accordance with the accounting law; report and declare changes in assets in accordance with Articles 126 and 127 of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government detailing the implementation of the Law on Management and Use of State Assets, amended and supplemented at Clause 64, Article 1 of Decree No. 114/2024/ND-CP.

4. Organizations with forest plantations subject to liquidation shall be responsible for reporting the results of implementing forest plantation liquidation to the competent authority for decision on forest plantation liquidation immediately after completing the liquidation process.

Article 12. Management and use of funds from the liquidation of planted forests

1. Content and level of expenditure

a) Content of expenditure: expenditure for activities related to preparing applications for liquidation, surveying, measuring, calculating volume and value (if applicable), felling, loading, transporting utilized forest products from liquidated planted forests, and other expenditures as stipulated in Clause 4, Article 36 of Decree No. 151/2017/NĐ-CP dated December 26, 2017 of the Government, amended and supplemented in Clause 29, Article 1 of Decree No. 114/2024/NĐ-CP.

b) Level of expenditure: implemented according to the provisions in Clause 5, Article 36 of Decree No. 151/2017/NĐ-CP.

2. Revenue from selling utilized forest products (if any) shall be used for organizing the liquidation of planted forests as prescribed in Clause 1 of this Article. The remaining amount after deducting liquidation costs shall be handled in accordance with the provisions of Decree No. 151/2017/NĐ-CP and Decree No. 114/2024/NĐ-CP.

3. Liquidation costs of planted forests shall be included in the budget estimate in the liquidation plan of planted forests. The preparation of estimates, compliance with estimates, and settlement of liquidation expenses shall be carried out in accordance with the laws on state budget. In cases where there is no revenue from selling forest products or the revenue from selling forest products is less than the actual liquidation costs, the following measures shall be taken:

a) The People's Council of the province shall consider handling by using local government budgets for planted forests under provincial management;

b) Ministries and central agencies shall consider handling by using annual allocated state budgets for planted forests under their management.

Chapter III

IMPLEMENTATION

Article 13. Responsibilities of ministries, central agencies, and provincial People's Committees

1. The Ministry of Agriculture and Rural Development shall guide and inspect the implementation of the liquidation of planted forests as prescribed in this Decree.

2. Ministries and central agencies entrusted by the State with the responsibility to manage planted forests:

a) Direct relevant agencies within their jurisdiction to implement the liquidation of planted forests as prescribed in this Decree;

b) Manage land after the liquidation of planted forests in accordance with laws on land and forestry; organize replanting immediately during the next planting season;

c) Inspect and handle according to their authority any violations or complaints and denunciations related to the liquidation of planted forests.

3. Provincial People's Committees shall be responsible for:

a) Direct agricultural and rural development agencies, finance agencies, natural resources and environment agencies; People's Committees of districts and other relevant agencies to implement the liquidation of planted forests as prescribed in this Decree;

b) Manage land after the liquidation of planted forests in accordance with laws on land and forestry; organize replanting immediately during the next planting season;

c) Inspect and handle according to their authority any violations or complaints and denunciations in accordance with the law.

4. Ministries, central agencies, and provincial People's Committees entrusted with the responsibility to manage forests, if there is any liquidation of planted forests, shall report periodically on the implementation of the liquidation of planted forests to the Ministry of Agriculture and Rural Development and the Ministry of Finance before March 15 each year as prescribed in Article 130 of Decree No. 151/2017/NĐ-CP, amended and supplemented in Clause 65, Article 1 of Decree No. 114/2024/NĐ-CP.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Effective Date

This Decree takes effect from October 25, 2024.

In cases where legal normative documents cited in this Decree are amended, supplemented, or replaced by other documents, they shall be applied according to the amended, supplemented, or replacing documents.

Article 15. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of provincial People's Committees, and related agencies, organizations, and individuals are responsible for implementing this Decree./.