Decree No. 183/2025/NĐ-CP Amending and supplementing some articles of Decree No. 156/2018/NĐ-CP dated November 16, 2018 of the Government detailing the implementation of certain provisions of the Forestry Law.

DECREE

Amending and supplementing some articles of Decree No. 156/2018/NĐ-CP dated November 16, 2018 of the Government detailing implementation of certain provisions of the Forestry Law.

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Pursuant to the Government Organization Law on February 18, 2025;

Pursuant to the Forestry Law dated November 15, 2017;

Pursuant to the Land Law dated January 18, 2024;

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

The Government promulgates this Decree amending and supplementing some articles of Decree No. 156/2018/NĐ-CP dated November 16, 2018 of the Government detailing implementation of certain provisions of the Forestry Law.

Article 1. Amending and supplementing some articles of Decree No. 156/2018/NĐ-CP dated November 16, 2018 of the Government detailing implementation of certain provisions of the Forestry Law.

1. Supplement Clause 12 and Clause 13 following Clause 11 of Article 3 as follows:

"12. Medicinal plants in forests are plant and mushroom species growing and developing in forests, providing raw materials for medicine and other uses serving human health care.

13. Harvesting medicinal plants is the process of extracting all or part of the medicinal plant parts that have been cultivated and developed in forests."

2. Supplement Section 4a following Section 4 Chapter II as follows:

"Section 4a

RAISING, CULTIVATING AND HARVESTING MEDICINAL PLANTS IN SPECIAL PURPOSE FORESTS, PROTECTED FORESTS, AND PRODUCTIVE FORESTS

Article 32a. Principles for raising, cultivating, and harvesting medicinal plants in forests

1. Raising, cultivating, and harvesting medicinal plants in forests must ensure the forest area, forest quality, natural succession, and the purpose of forest use; not to deprive the State's ownership rights over forests, natural resources on land surface and underground, and comply with the provisions of this Decree.

2. Medicinal plants raised and cultivated in forests should be suitable to the ecological conditions of the region, included in the list of medicinal plants with high medical and economic value issued by the Minister of Health or other medicinal plants with high medical and economic value at the local level decided by the Chairman of the People's Committee of the province.

3. Exploitation activities for raising and cultivating medicinal plants shall not be used to harvest wild medicinal plants in forests; products from harvested medicinal plants must be transported out of the forest, they shall not be soaked, fermented, dried, or preserved and processed within the forest.

4. Management regulations regarding exploitation, conditions, and issuance of codes for medicinal plant cultivation facilities belonging to endangered, precious, and rare species in forests shall be implemented according to laws on management of forest flora and fauna, and enforcement of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

5. In the case of productive forests planted by the forest owner who has invested independently, the forest owner may decide on raising, cultivating, and harvesting medicinal plants but shall not change the purpose of the forest use.

Article 32b. Forms of raising, cultivating, and harvesting medicinal plants in forests

1. For special purpose forests and protective forests:

a) Forest owners who are organizations may organize themselves or cooperate, associate, or lease the forest environment to organizations or individuals for raising, cultivating, and harvesting medicinal plants in accordance with this Decree and related laws based on approved plans for raising, cultivating, and harvesting medicinal plants that are consistent with sustainable forest management plans;

b) Forest owners who are community groups, households, or individuals may organize themselves or cooperate, associate with organizations or individuals for raising, cultivating, and harvesting medicinal plants in accordance with this Decree and related laws based on approved plans for raising, cultivating, and harvesting medicinal plants;

c) Raising, cultivating, and harvesting medicinal plants shall not be conducted in strictly protected zones, ecological recovery zones of national parks, nature reserves, species and habitat conservation areas; areas of upstream protective forests with slopes over 30 degrees, coastal erosion zones in wind and sand barrier protective forests, and wave and sea intrusion protective forests. In cases where raising, cultivating, and harvesting medicinal plants are conducted in upstream protective forests with slopes over 30 degrees, the Director of the Department of Agriculture and Environment or the Chairman of the People's Committee of the commune shall issue detailed reports on the location and position where medicinal plants can be raised and cultivated while ensuring safety and protective functions of the forest (preventing flash floods, landslides, protecting water sources, and agricultural production) to the Chairman of the People's Committee of the province for approval before approving plans for raising, cultivating, and harvesting medicinal plants in accordance with Point d, Clause 3, Article 32d and Point d, Clause 3, Article 32e of this Decree.

2. For productive forests which are natural forests or planted forests owned by the State as representative owner:

a) Forest owners who are organizations may organize themselves or cooperate, associate, or lease the forest environment to organizations or individuals for raising, cultivating, and harvesting medicinal plants in accordance with this Decree and related laws based on approved plans for raising, cultivating, and harvesting medicinal plants that are consistent with sustainable forest management plans;

b) Forest owners who are community groups, households, or individuals may cooperate, associate with organizations or individuals for raising, cultivating, and harvesting medicinal plants in accordance with this Decree and related laws based on approved plans for raising, cultivating, and harvesting medicinal plants;

c) Forest owners who are community groups, households, or individuals may independently decide on raising, cultivating, and harvesting medicinal plants in accordance with the law. Encouragement is given to forest owners who are households, individuals, community groups, or households and individuals associating in groups to develop and implement plans for raising, cultivating, and harvesting medicinal plants.

Article 32c. Methods for Cultivating, Developing, Harvesting Medicinal Plants in Forests

1. Methods for cultivating, developing medicinal plants in forests:

a) For special-use forests: scattered planting or planting in groups to ensure even distribution across the forest plot, with the total area for cultivating and developing medicinal plants not exceeding one-third of the plot's area;

b) For protective forests and production forests: implement the combined forestry, agriculture, and fishery production method as stipulated in Articles 25 and 30 of this Decree.

2. Methods for harvesting medicinal plants in forests:

a) The forest owner or organization or individual leasing the forest environment to cultivate and develop medicinal plants may independently decide on the harvesting of cultivated and developed medicinal plants in the forest according to the provisions of this Decree;

b) Prior to harvesting, the forest owner or organization or individual must submit a Harvest Information Form for medicinal plants to the local Forest Protection Authority according to Model No. 08 attached as Appendix IB of this Decree for management in accordance with the law.

Article 32d. Content of the Plan for Cultivating, Developing, and Harvesting Medicinal Plants in Forests

1. Content of the plan for cultivating, developing, and harvesting medicinal plants in forests for organizational forest owners.

The content of the plan for cultivating, developing, and harvesting medicinal plants in forests according to Model No. 02 attached as Appendix IB of this Decree. The main contents of the plan include:

a) Assessment of natural and socio-economic conditions in the area; current status of the forest regarding area, volume, quality of the forest; current status and potential for cultivating, developing, and harvesting medicinal plants;

b) Determination of the objectives, scope, and content of the plan for cultivating, developing, and harvesting medicinal plants;

c) Determination of the location, scale, area, and species of medicinal plants planned to be cultivated, developed, and harvested during the implementation period of the plan;

d) Determination of methods for cultivating and developing medicinal plants;

đ) Rotation of positions for cultivating and developing medicinal plants to new cultivation positions to ensure that the forest area and quality are not reduced; not affecting the regeneration of the forest when cultivating and harvesting medicinal plants under the canopy of special-use forests, protective forests, and naturally produced production forests;

e) Determination of the form of organization for implementing the cultivation, development, and harvesting of medicinal plants: self-organization or cooperation, joint venture, association, or leasing of the forest environment;

g) Determination of management, protection, conservation, development, and restoration activities of the forest in the area of cultivating and developing medicinal plants;

h) Solutions and organization of implementation;

i) Inspection and supervision.

2. Content of the plan for cultivating, developing, and harvesting medicinal plants in forests for household, individual, and community forest owners.

The content of the plan for cultivating, developing, and harvesting medicinal plants in forests shall be implemented according to Model No. 06 attached as Appendix IB of this Decree. The main contents of the plan include:

a) Current status of forest resources, species of medicinal plants, potential for cultivating, developing, and harvesting medicinal plants;

b) Determination of the location, scale, area, and species of medicinal plants planned to be cultivated, developed, and harvested during the implementation period of the plan;

c) Determination of methods for cultivating and developing medicinal plants;

d) Rotation of positions for cultivating and developing medicinal plants to new cultivation positions to ensure that the forest area and quality are not reduced, not affecting the regeneration of the forest when cultivating and harvesting medicinal plants under the canopy of special-use forests, protective forests, and naturally produced production forests;

đ) Determination of the form of organization for implementing the cultivation, development, and harvesting of medicinal plants: self-organization or cooperation, joint venture, association;

e) Determination of management, protection, development, and restoration activities of the forest in the area of cultivating and developing medicinal plants;

g) Inspection and supervision.

Article 32đ. Procedures and Formalities for Reviewing, Approving, or Adjusting the Plan for Cultivating, Developing, and Harvesting Medicinal Plants in Forests for Organizational Forest Owners

1. The forest owner establishes the plan for cultivating, developing, and harvesting medicinal plants in forests according to the provisions of Clause 1 of Article 32d of this Decree.

2. Documents for the plan for cultivating, developing, and harvesting medicinal plants in forests include:

a) A report from the forest owner according to Model No. 01 attached as Appendix IB of this Decree (original copy);

b) The plan for cultivating, developing, and harvesting medicinal plants in forests according to the provisions of Clause 1 of this Article (original copy);

c) Various types of maps (original copies) including: current status map of the forest according to Vietnam Standard TCVN 11565:2016; map of the area for cultivating, developing, and harvesting medicinal plants according to Vietnam Standard TCVN 11565:2016 showing the areas and areas planned for cultivating, developing, and harvesting medicinal plants.

3. Procedure for reviewing and approving the plan for cultivating, developing, and harvesting medicinal plants in forests

d) Within seven days from the date of receipt of the document seeking comments for review from the agency, organization, or individual, the agency receiving the dossier as specified in point a of this clause shall be responsible for completing the review. In case the review does not meet the requirements, the agency receiving the dossier as specified in point a of this clause must notify the forest owner in writing and specify the reasons.

đ) In case the review meets the requirements, within seven days from the date of receipt of all dossiers, the specialized agency assigned under the ministry or sector (for forest owners under the management of ministries or sectors) or the Director of the Department of Agriculture and Environment (for forest owners under local management) shall decide to approve the plan for cultivating, developing, and harvesting medicinal plants in the forest according to Model No. 03 attached as Appendix IB to this Decree. The dossier for approval includes: the report of the dossier receiving department; summary of opinions of related agencies, organizations, and individuals; review results and dossier as prescribed in Clause 2 of Article 32d of this Decree.

4. The content of soliciting opinions from agencies, organizations, and individuals related to the plan for cultivating, developing, and harvesting medicinal plants includes:

a) The suitability with the activities of cultivating, developing, and harvesting medicinal plants in the forest management plan approved by the competent authority.

b) The suitability regarding location, scale, proportion of area under the forest canopy; species of medicinal plants planned for cultivation, development, and harvesting; cultivation methods; time for converting positions for cultivating medicinal plants and estimated harvest volume, ensuring compliance with Article 32a and Article 32b of this Decree.

c) Time and method of implementation.

d) Solutions for forest protection, forest development, forest restoration, nature conservation, biodiversity preservation, environmental protection, and mobilization of capital and investment resources.

đ) Other contents (if any).

5. The agency deciding to approve the plan for cultivating, developing, and harvesting medicinal plants is the agency authorized to approve adjustments to the plan. The dossier, procedures, and formalities for adjusting the plan are implemented according to the provisions of Clause 2 and Clause 3 of this Article.

Article 32e. Procedures and formalities for reviewing, approving, or adjusting plans for cultivating, developing, and harvesting medicinal plants in forests for forest owners who are households, individuals, or community residents.

1. Forest owners develop plans for cultivating, developing, and harvesting medicinal plants in accordance with the provisions of Clause 2 of Article 32d of this Decree.

2. The dossier for the plan for cultivating, developing, and harvesting medicinal plants in the forest includes:

a) The application form of the forest owner according to Model No. 04 attached as Appendix IB to this Decree (original copy).

b) A consolidated list of household and individual names for cases where households and individuals link up to form groups to develop plans for cultivating, developing, and harvesting medicinal plants in the forest according to Model No. 05 attached as Appendix IB to this Decree (original copy).

c) The plan for cultivating, developing, and harvesting medicinal plants in the forest as stipulated in Clause 1 of this Article (original copy).

d) Various types of maps (original copies) including: current forest status map according to Vietnam Standard TCVN 11565:2016; cultivation, development, and harvesting area map for medicinal plants according to Vietnam Standard TCVN 11565:2016 showing areas and planned cultivation, development, and harvesting areas for medicinal plants for cases where forest owners cooperate, joint venture, or link up with organizations or individuals for cultivating, developing, and harvesting medicinal plants or a diagram showing cultivation, development, and harvesting areas for medicinal plants for cases where forest owners organize cultivation, development, and harvesting of medicinal plants in the forest on their own.

2. Documents for the plan for cultivating, developing, and harvesting medicinal plants in forests include:

a) The forest owner submits directly or through postal services or electronic environment one set of dossier as prescribed in Clause 2 of this Article to the specialized agency assigned under the People's Committee at the commune level. In case the dossier is not valid, within three working days from the date of receipt of the dossier, the agency receiving the dossier must notify the forest owner in writing and specify the reasons.

b) Within three working days from the date of receipt of the valid dossier, the agency receiving the dossier as specified in point a of this clause shall organize the review by sending documents seeking comments from relevant agencies, organizations, and individuals about the dossier and the content of the plan as prescribed in Clause 2 and Clause 4 of this Article.

3. Procedure for reviewing and approving the plan for cultivating, developing, and harvesting medicinal plants in forests

d) Within seven days from the date of receipt of the document seeking comments for review from the agency, organization, or individual, the agency receiving the dossier as specified in point a of this clause shall be responsible for completing the review. In case the review does not meet the requirements, the agency receiving the dossier as specified in point a of this clause must notify the forest owner in writing and specify the reasons.

đ) Within seven days from the date of receipt of the complete dossier by the agency receiving the dossier as specified in point a of this clause, submit to the Chairman of the People's Committee at the commune level for decision to approve the plan for cultivating, developing, and harvesting medicinal plants in the forest according to Model No. 07 attached as Appendix IB to this Decree. The dossier for approval includes: the report of the agency receiving the dossier; summary of opinions of related agencies, organizations, and individuals; review results and dossier as prescribed in Clause 2 of this Article.

4. The content of soliciting opinions from agencies, organizations, and individuals related to the plan for cultivating, developing, and harvesting medicinal plants in the forest includes:

a) The suitability of the plan regarding location, scale, proportion of area under the forest canopy; species of medicinal plants planned for cultivation, development, and harvesting; time for converting positions for cultivating medicinal plants and estimated harvest volume, ensuring compliance with Article 32a and Article 32b of this Decree.

b) Time and method of implementation.

c) Solutions for forest protection, forest development, forest restoration, nature conservation, biodiversity preservation, and environmental protection; solutions for mobilizing capital and investment resources.

d) Other contents (if any).

5. The agency deciding to approve the plan for cultivating, developing, and harvesting medicinal plants in the forest is the agency authorized to approve adjustments to the plan. The dossier, procedures, and formalities for adjusting the plan are implemented according to the provisions of Clause 2 and Clause 3 of this Article.

Article 32g. Leasing forest environment for cultivating, developing, and harvesting medicinal plants in forests by the forest owner being an organization

1. The leasing of the forest environment for cultivating, developing, and harvesting medicinal plants must be publicly announced by the forest owner for a minimum period of 30 days through the following methods: posting at the workplace; publishing on the unit's electronic information website (if available); posting on the portal or electronic information website of the competent authority directly above the forest owner; or in one of the specialized newspapers on bidding.

2. The announcement shall include the following main contents:

a) General information about the forest owner;

b) Location, area, and proposed location for leasing the forest environment for cultivating, developing, and harvesting medicinal plants;

c) A summary of the plan for cultivating, developing, and harvesting medicinal plants in the forest approved by the competent state agency;

d) Technical dossier to select organizations or individuals leasing the forest environment as stipulated in Clause 3 of this Article;

đ) Time and address for submitting registration files.

3. The forest owner shall organize the preparation of the technical dossier to select organizations or individuals leasing the forest environment. Before public announcement, the technical dossier must be approved by the forest owner and shall include the following basic criteria:

a) Competence and experience of organizations or individuals leasing the forest environment in fields related to activities of cultivating, developing, and harvesting medicinal plants;

b) Business organization plan consistent with the approved plan for cultivating, developing, and harvesting medicinal plants in the forest;

c) Financial investment plan; projected revenue and rental price plan for the forest environment;

d) Plan for handling assets after the expiration of the contract;

đ) Commitment to contract implementation time, exploitation time, and revenue generation time;

e) Priority given to organizations or individuals who have been assigned forest protection tasks and have been evaluated as effectively performing forest protection and development work; nature conservation and biodiversity preservation;

g) Other professional conditions regarding sustainable forest management and other criteria determined by the forest owner that do not contravene legal regulations.

The criteria of the technical dossier are converted into points as the basis for evaluation and selection, with each criterion having a minimum qualifying score; the total score of all evaluation criteria in the technical dossier is 100, including a minimum total score requirement; organizations or individuals are qualified when they meet the minimum score of all criteria and the minimum total score requirement.

4. Organizations or individuals wishing to lease the forest environment for cultivating, developing, and harvesting medicinal plants shall prepare registration files according to the requirements of the forest owner as stipulated in Clause 2 of this Article and submit them to the forest owner.

5. Evaluation and selection of organizations or individuals leasing the forest environment

The forest owner shall base on the registration files of organizations or individuals to evaluate and select organizations or individuals leasing the forest environment in accordance with the technical dossier criteria and bear responsibility for their selection. In cases where only one organization or individual meets the qualifications, the forest owner shall negotiate and sign a lease contract for the forest environment, ensuring that the rental price does not fall below 5% of the total revenue realized within the leased area in the year.

If there are two or more organizations or individuals meeting the qualifications, the forest owner shall select the organization or individual with the highest evaluation score; among which, the price factor is one of the criteria in the technical dossier, ensuring it does not fall below 5% of the total revenue realized within the leased area in the year.

6. The rental price for the forest environment in the registration file of organizations or individuals shall be calculated as a percentage of total revenue and must be converted into absolute value for the forest owner to evaluate, clearly stated in the lease contract for the forest environment.

After signing the contract, if the actual percentage of total revenue converted into absolute value is lower than the absolute value recorded in the signed contract, the minimum amount paid by the organization or individual leasing the forest environment to the forest owner shall be equal to the amount recorded in the contract.

Organizations or individuals leasing the forest environment for cultivating, developing, and harvesting medicinal plants in the forest are exempt from paying forest environmental service fees for the leased area according to this Decree. Rental fees for the forest environment are a source of income for the forest owner to serve forest management, protection, development activities, and improve the living standards of the forest owner.

7. The lease term for the forest environment follows the crop cycle but does not exceed 10 years; if the lessee fulfills the contract and requests an extension, the forest owner may consider extending the lease term; the extended term follows the crop cycle but does not exceed two-thirds of the initial lease term.

8. After selecting organizations or individuals leasing the forest environment, the forest owner shall execute the lease contract for the forest environment according to Model No. 09 attached as Appendix IB to this Decree and report the results to the superior management authority for guidance, monitoring, and supervision.

9. Prior to signing the lease contract for the forest environment, the forest owner must conduct an inventory and statistical analysis of the current status of forest resources on the leased area to serve as the basis for handover of boundary markers, current status, and management, supervision, and assessment of contract implementation.

10. Organizations or individuals selected and already signed a lease contract for the forest environment to operate ecotourism, resort, and entertainment services before the effective date of this Decree, if they wish to additionally implement activities of cultivating, developing, and harvesting medicinal plants on the leased area, shall prepare registration files to be submitted to the forest owner for consideration and evaluation; if they meet the prescribed conditions, both parties shall adjust and supplement the content of cultivating, developing, and harvesting medicinal plants and the rental price in the signed contract according to the provisions of this Article; the lease term for cultivating, developing, and harvesting medicinal plants shall be implemented according to the provisions of this Article.

11. In cases where the forest owner leases the forest environment to organizations or individuals for simultaneously operating ecotourism, resort, entertainment activities, and cultivating, developing, harvesting medicinal plants within the forest, the selection of organizations or individuals leasing the environment must comply with the provisions stipulated in this Article and the provisions regarding the selection of organizations or individuals leasing the environment for operating ecotourism, resorts, and entertainment activities as prescribed in Articles 14, 23, and 32 of this Decree.

Article 2. Responsibilities for Implementation

1. The Ministry of Agriculture and Rural Development:

a) Guide and inspect activities related to cultivating, developing, and harvesting medicinal plants within the forest in accordance with this Decree;

b) Guide the cultivation and harvesting of medicinal plants; disseminate techniques for cultivation, prevention, and control of forest pests in accordance with the law;

c) Monitor, compile difficulties and recommendations from localities, and propose amendments and supplements to this Decree when necessary.

2. The Ministry of Health:

a) Issue, update, and supplement the list of medicinal plants with high medical and economic value suitable for practical conditions;

b) Lead and coordinate with the Ministry of Agriculture and Rural Development to direct the development of regions for cultivating medicinal plants, focusing on types of medicinal plants that Vietnam has advantages in and which have high economic value.

3. Ministries, ministerial-level agencies, government agencies, and relevant agencies within their respective functions and powers shall implement responsibilities as prescribed in this Decree.

4. Provincial People's Committees:

a) Implement state management responsibilities for forestry within the province; review, guide, and inspect activities related to cultivating, developing, and harvesting medicinal plants within the forest at the local level in accordance with this Decree;

b) Direct the issuance of lists of medicinal plants with high medical and economic value outside the list issued by the Ministry of Health, suitable for local conditions and other relevant laws;

c) Guide the cultivation and harvesting of medicinal plants; disseminate techniques for cultivation, prevention, and control of forest pests in accordance with the law;

d) Approve plans for cultivating, developing, and harvesting medicinal plants within the forest; guide forest owners to build and implement these plans in accordance with this Decree;

e) Direct specialized agencies to develop geographical indications; guide and inspect forest owners' implementation of activities related to cultivating, developing, and harvesting medicinal plants within the forest in accordance with this Decree;

f) Fully implement current policies on developing medicinal plants; investment policies, support for investment, and encouragement of investment in activities related to cultivating, developing, and harvesting medicinal plants within the forest.

5. Forest Owners

a) Develop and submit plans for cultivating, developing, and harvesting medicinal plants within the forest to competent authorities for approval in accordance with this Decree;

b) Guide, inspect, and supervise organizations or individuals leasing the forest environment or those cooperating, joint venturing, or associating in activities related to cultivating, developing, and harvesting medicinal plants within the forest in accordance with the law and this Decree. If, within twelve months from the date of signing cooperation, joint venture, association contracts, or leasing the forest environment, organizations or individuals do not commence implementation, the forest owner may consider terminating the contract, except in cases of natural disasters, epidemics, objective obstacles during the process of legal procedures, and other force majeure cases agreed upon by both parties.

Article 3. Implementation Provisions

This Decree takes effect from August 15, 2025.