Decree No. 227/2025/ND-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

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. Amending and supplementing Clause 6, Clause 9 Article 3 of Decree No. 156/2018/NĐ-CP amended and supplemented at Clause 1 Article 1 of Decree No. 91/2024/NĐ-CP and Clause 1 Article 1 of Decree No. 27/2024/NĐ-CP, as follows:

“6. Exploitation for utilization is the act of felling trees in the process of implementing forest management measures, scientific research; land clearance for projects when changing the purpose of forest use to other purposes; power line safety corridors; temporary use of forests for construction of temporary works serving project construction pursuant to Clause 1 Article 42a of this Decree; liquidation of planted forests; construction of infrastructure structures serving forest protection and development pursuant to Clauses 1, 2, 3, and 4 Article 51 of the Forestry Law.”

“9. Temporary use of forests is the act of using forests to implement construction of temporary works serving project construction pursuant to Clause 1 Article 42a of this Decree to develop the economy and society for national interests and public benefits as prescribed by laws on investment, public investment, public-private partnership, oil and gas, construction, electricity, and other related laws but not changing the purpose of forest use to other purposes for the area temporarily used for forests.”

2. Amending and supplementing Clause 5 Article 12 of Decree No. 156/2018/NĐ-CP amended and supplemented at Clause 5 Article 1 of Decree No. 91/2024/NĐ-CP, as follows:

“5. Exploitation for utilization in cases where the forest area is used to construct infrastructure structures serving forest protection and development or to construct temporary works serving project construction pursuant to Clause 1 Article 42a of this Decree.

a) Object:

Forest products on the forest area used to construct infrastructure structures serving forest protection and development or to construct temporary works serving project construction pursuant to Clause 1 Article 42a of this Decree.

b) Conditions:

For exploitation for utilization on the forest area used to construct infrastructure structures serving forest protection and development, there must be a decision approving the project or work by the competent state agency.

For exploitation for utilization on the forest area temporarily used to construct temporary works serving project construction pursuant to Clause 1 Article 42a of this Decree, there must be a decision approving the Forest Temporary Use Plan by the competent authority.”

3. Amending and supplementing Clause 4 Article 20 of Decree No. 156/2018/NĐ-CP amended and supplemented at Point c Clause 9 Article 1 of Decree No. 91/2024/NĐ-CP, as follows:

“4. Exploitation for utilization of natural forest wood, planted forest wood

a) Object: Trees on the forest area decided by the competent authority to change the purpose of forest use to other purposes; trees affecting power line safety corridors; trees that need to be cut down when implementing forest management techniques, serving training and scientific research tasks; trees on the area of liquidated planted forests; trees on the forest area used to construct infrastructure structures serving forest protection and development and the forest area temporarily used for constructing temporary works serving project construction pursuant to Clause 1 Article 42a of this Decree.

b) Conditions: There must be a decision of the competent authority allowing the change of the purpose of forest use to other purposes; a decision approving the forest management project, program, or scientific research topic; a decision liquidating planted forests; a decision approving infrastructure construction projects serving forest protection and development; a decision approving the Forest Temporary Use Plan for constructing temporary works serving project construction pursuant to Clause 1 Article 42a of this Decree of the competent state agency.”

4. Amending and supplementing Clause 2 Article 28 of Decree No. 156/2018/NĐ-CP amended and supplemented at Clause 14 Article 1 of Decree No. 91/2024/NĐ-CP, as follows:

“2. Exploitation for utilization of natural forest wood

a) Object: Trees on the forest area decided by the competent authority to change the purpose of forest use to other purposes; trees affecting power line safety corridors; trees cut down when implementing forest management techniques, serving training and scientific research tasks; trees on the area of liquidated planted forests; trees on the forest area used to construct infrastructure structures serving forest protection and development and the forest area temporarily used for constructing temporary works serving project construction pursuant to Clause 1 Article 42a of this Decree.

b) Conditions: There must be a decision of the competent authority allowing the change of the purpose of forest use to other purposes; a decision approving the forest management project, program, or scientific research topic; a decision liquidating planted forests; a decision approving infrastructure construction projects serving forest protection and development; a decision approving the Forest Temporary Use Plan for constructing temporary works serving project construction pursuant to Clause 1 Article 42a of this Decree of the competent state agency.”

5. Amending and supplementing Clause 2 Article 29 of Decree No. 156/2018/NĐ-CP amended and supplemented at Clause 15 Article 1 of Decree No. 91/2024/NĐ-CP, as follows:

“2. Exploitation for utilization of planted forest wood

a) Object: Trees on the forest area decided by the competent authority to change the purpose of forest use to other purposes; trees affecting power line safety corridors; trees cut down when implementing forest management techniques, serving training and scientific research tasks; trees on the area of liquidated planted forests; trees on the forest area used to construct infrastructure structures serving forest protection and development and the forest area temporarily used for constructing temporary works serving project construction pursuant to Clause 1 Article 42a of this Decree.

b) Conditions: Planted forests owned by the State as the representative owner must have a decision of the competent authority allowing the change of the purpose of forest use to other purposes; a decision approving the forest management project, program, or scientific research topic; a decision liquidating planted forests; a decision approving infrastructure construction projects serving forest protection and development and a decision approving the Forest Temporary Use Plan for constructing temporary works serving project construction pursuant to Clause 1 Article 42a of this Decree of the competent state agency.”

6. Amending and supplementing Article 42a of Decree No. 156/2018/NĐ-CP amended and supplemented at Clause 2 Article 1 of Decree No. 27/2024/NĐ-CP, as follows:

“Article 42a. Temporary use of forests

1. Projects temporarily using forests

a) Projects that have been approved for investment orientation by the National Assembly or decided on investment orientation according to the Public Investment Law, the Investment Law, the Public-Private Partnership Investment Law, and the Petroleum Law.

b) Projects serving national defense and security; emergency projects as prescribed by laws on emergency situations; sudden and urgent projects for disaster prevention and control, epidemic prevention, fire prevention and explosion prevention; power source and grid projects to ensure national energy security; urgent projects to address practical issues arising in reality, which are decided on investment orientation or approved for investment orientation or approved for project implementation by competent authorities according to the Public Investment Law and the Public-Private Partnership Investment Law (PPP).

c) Urgent projects concerning the construction of essential economic and social infrastructure: transportation projects, railway projects; water conservancy projects; freshwater reservoir projects; projects for restoring revolutionary historical sites, and projects for restoring national-level and special national-level cultural-historical sites, which are decided on investment orientation or approved for investment orientation or approved for project implementation by competent authorities according to the Public Investment Law and the Public-Private Partnership Investment Law (PPP).

2. Conditions for temporarily using forests: There must be a plan for temporarily using forests approved by competent authorities, except in cases where planted forests are production forests owned by organizations, households, individuals, or community groups, which do not need to develop a Plan for Temporarily Using Forests.

3. Conditions for approving Plans for Temporarily Using Forests

a) There must be a project as stipulated in Clause 1, Article 42a of this Decree, which has been decided on investment orientation or approved for investment orientation or approved for project implementation by competent authorities according to the Public Investment Law, the Public-Private Partnership Investment Law, the Investment Law, and the Petroleum Law;

b) In cases where a project involves both changing the purpose of forest land use to other purposes and temporarily using forests, there must be a decision on the orientation to change the purpose of forest land use to other purposes (for the area of land whose purpose is changed). In cases where a project does not involve changing the purpose of forest land use but only temporarily uses forests, there must be a decision on investment orientation or approval for investment orientation or approval for project implementation;

c) Temporary use of forests is only allowed when the project necessarily uses areas with forests because it cannot be arranged on other land areas. The temporary use of forest areas must be minimized, and the felling of trees within the temporarily used area must also be limited;

d) The area temporarily used for forests must be investigated and evaluated regarding its current status, stock, and the impact of temporarily using forests on the forest ecosystem. The contents related to the impact on forests, replanting forests, and restoring forests must be fully and detailedly reflected in the Plan for Temporarily Using Forests;

đ) The duration of temporarily using forests must be clearly stated in the document requesting the approval of the Plan for Temporarily Using Forests; it shall not exceed the project implementation period;

e) Forests in strictly protected areas of special-use forests and areas with rare and precious plant species shall not be temporarily used. It is prohibited to exploit, transport timber and forest products illegally under the guise of temporarily using forests, to legitimize illegally harvested timber and forest products, to bring waste, toxic chemicals, explosives, flammable materials, and other prohibited items into the forest, to construct, dig, build dams, block natural water flow, and other activities that alter the natural landscape, destroy forest resources, the forest ecosystem, and forest protection and development works;

g) Reforestation must be carried out immediately during the nearest planting season at the local level but no later than twelve months from the end date of temporary forest use specified in the approved Plan for Temporarily Using Forests; ensuring that the restored forest area meets the criteria for becoming a forest as prescribed by forestry laws;

4. Authority to Approve Plans for Temporarily Using Forests

The Chairman of the Provincial People's Committee decides to approve Plans for Temporarily Using Forests to implement temporary construction works for projects as stipulated in Clause 1, Article 42a of this Decree, for the development of the economy and society for national and public benefits. In cases where the temporarily used forest area falls within the management scope of forest owners who are units directly under ministries, sectors, or defense zones, the Chairman of the Provincial People's Committee must seek opinions from the managing ministries, sectors, and the Ministry of Defense, and only approve if they reach a consensus;

5. Documents

The documents for requesting approval for temporarily using forests include:

a) A document requesting approval for the Plan for Temporarily Using Forests or adjusting the Plan for Temporarily Using Forests by the project investor according to the Model attached as Appendix I to this Decree;

b) A copy of the decision on the orientation to change the purpose of forest land use to other purposes of the project or a copy of the decision to change the purpose of forest land use to other purposes of the project. In cases where the project does not involve changing the purpose of forest land use to other purposes, a copy of the decision on investment orientation or approval for investment orientation or approval for project implementation is required;

c) An original report detailing the explanation and a map showing the current status of the forest area proposed for temporary use. The explanatory report should show the location (plot, section, sub-section; administrative name), forest area by type of forest (special-use forest, protective forest, production forest), origin (natural forest, planted forest), stock, and tree species for planted forests; Map (current status of the forest area proposed for temporary use at a scale of 1/5,000 clearly showing the location (plot, section, sub-section; administrative name), scope, and boundaries of the forest area proposed for temporary use;

d) The Plan for Temporarily Using Forests or adjusted Plan for Temporarily Using Forests established by the project investor according to the Model attached as Appendix II to this Decree.

6. Procedures and Formalities for Approving Plans for Temporarily Using Forests

a) The project investor shall submit in writing a request for approval of the Temporary Forest Use Plan or adjustment of the Temporary Forest Use Plan directly or through postal services or electronic environment, one set of documents in accordance with Clause 5 of this Article to the Department of Agriculture and Rural Development.

In case the submitted documents are not valid, within three working days from the date of receipt of the documents, the Department of Agriculture and Rural Development shall respond in writing and clearly state the reasons.

b) Within seven working days from the date of receipt of valid documents, the Department of Agriculture and Rural Development shall: inspect and verify the explanatory report and current forest status map of the proposed temporary forest use area, organize the review of the Temporary Forest Use Plan or adjustment of the Temporary Forest Use Plan; and submit to the Chairman of the Provincial People's Committee for consideration and decision on the approval of the Temporary Forest Use Plan or adjustment of the Temporary Forest Use Plan (the submission documents are specified in Clause 5 of this Article and the review report).

c) In case the area of temporarily used forest falls under the management of the forest owner who is units subordinate to ministries and sectors, within three working days from the date of receipt of the report and documents from the Department of Agriculture and Rural Development, the Provincial People's Committee shall seek opinions from the competent ministry or sector. The opinion-seeking documents include: the proposal letter of the Provincial People's Committee, the review report, and the documents specified in Clause 5 of this Article.

Within five working days from the date of receipt of the opinion-seeking documents of the Provincial People's Committee, the competent ministry or sector shall provide their opinion in writing to the Provincial People's Committee.

Within five working days from the date of receipt of the opinion of the competent ministry or sector, the Chairman of the Provincial People's Committee shall consider and decide on the approval of the Temporary Forest Use Plan or adjustment of the Temporary Forest Use Plan according to the Model at Appendix III issued together with this Decree. In case of non-approval, the Chairman of the Provincial People's Committee shall respond in writing and clearly state the reasons.

d) In case the area of temporarily used forest falls within the defense zone, within three working days from the date of receipt of the report and documents from the Department of Agriculture and Rural Development, the Provincial People's Committee shall seek opinions from the Ministry of National Defense. The opinion-seeking documents include: the proposal letter of the Provincial People's Committee, the review report, and the documents specified in Clause 5 of this Article.

Within five working days from the date of receipt of the opinion-seeking documents of the Provincial People's Committee, the Ministry of National Defense shall provide its opinion in writing to the Provincial People's Committee.

Within five working days from the date of receipt of the opinion of the Ministry of National Defense, the Chairman of the Provincial People's Committee shall consider and decide on the approval of the Temporary Forest Use Plan or adjustment of the Temporary Forest Use Plan according to the Model at Appendix III issued together with this Decree. In case of non-approval, the Chairman of the Provincial People's Committee shall respond in writing and clearly state the reasons.

e) For cases where there is no need to seek opinions from the competent ministry or sector and the Ministry of National Defense, within five working days from the date of receipt of the report and documents from the Department of Agriculture and Rural Development, the Chairman of the Provincial People's Committee shall consider and decide on the approval of the Temporary Forest Use Plan or adjustment of the Temporary Forest Use Plan according to the Model at Appendix III issued together with this Decree. In case of non-approval, the Chairman of the Provincial People's Committee shall respond in writing and clearly state the reasons.

7. Adjustment of the Decision Approving the Temporary Forest Use Plan

a) In case the project changes the location or scope of temporary forest use but does not change the type of forest, does not increase the forest area compared to the total forest area already approved by the competent authority and ensures the conditions stipulated in Clause 3 of this Article, there is no need to adjust the decision approving the Temporary Forest Use Plan. However, the project investor must report to the Chairman of the Provincial People's Committee and the forest owner about the change in the location and scope of temporary forest use.

b) In case the project changes the content of the Temporary Forest Use Plan that has been approved and does not fall under the provisions of point a of this clause, it must implement the adjustment of the decision approving the Temporary Forest Use Plan. The procedures and documents for submitting the decision to approve the adjusted Temporary Forest Use Plan shall be carried out in accordance with the provisions of Clauses 5 and 6 of this Article. For parts of the documents that have not changed in content compared to the documents submitted for approval of the Temporary Forest Use Plan, there is no need to resubmit them in accordance with Clause 5 of this Article.

c) The authority to adjust the decision approving the Temporary Forest Use Plan shall be implemented in accordance with the provisions of Clause 4 of this Article.

8. Exploitation of Timber and Non-Timber Forest Products and Reforestation

a) The exploitation of timber and non-timber forest products on the temporarily used forest area shall be applied in accordance with the regulations on the exploitation of forest products by the Minister of Agriculture and Rural Development regarding management and traceability of forest products. The project investor shall prepare an exploitation plan for timber and non-timber forest products on the temporarily used forest area according to the Model at Appendix II issued together with this Decree; organize the exploitation of timber and non-timber forest products after obtaining approval of the Temporary Forest Use Plan from the competent authority; the cost of exploitation shall be borne by the project investor.

b) The project investor shall be responsible for organizing reforestation after the temporary use of the forest. The reforestation and inspection of the forest shall be carried out in accordance with the regulations of the Minister of Agriculture and Rural Development on forestry measures; management of public investment projects in forestry; for natural forests, only native trees may be planted."

Article 2. Responsibilities for Implementation

1. The Minister of Agriculture and Rural Development: Shall perform the responsibility of state management, inspect the implementation of temporary forest use in accordance with this Decree; promptly resolve issues within the scope of authority, and report to the competent authority for issues arising beyond the scope of authority.

Article 3. Implementation Provisions

1. Decree shall take effect from the date of signature and promulgation.

2. Decree No. 27/2024/NĐ-CP dated March 6, 2024 of the Government amending and supplementing certain articles of Decree No. 156/2018/NĐ-CP dated November 16, 2018 of the Government detailing certain provisions of the Forestry Law shall cease to be effective from the date this Decree takes effect.