Circular No. 24/2013/TT-BNNPTNT on replanting forests when changing the purpose of forest land use to other purposes

CIRCULAR

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

to other purposes

Based on the Forest Protection and Development Law 2004;

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government;

Pursuant to Decree No. 23/2006/NĐ-CP dated March 3, 2006 of the Government on the implementation of the Forest Protection and Development Law;

The Minister of Agriculture and Rural Development promulgates this Circular stipulating regulations on replanting forests when changing the purpose of forest land to other purposes.

Article 1. Scope of Regulation and Applicability

1. Scope of regulation: This Circular stipulates conditions for implementation; establishment, approval of plans, and planting of replacement forests when changing the purpose of forest land to other purposes within the territory of the Socialist Republic of Vietnam.

2. Applicability: domestic state agencies, organizations, households, individuals, village communities; foreign organizations and individuals involved in activities related to changing the purpose of forest land to other purposes.

Article 2. Conditions for Changing the Purpose of Forest Land to Other Purposes

The change of the purpose of forest land to other purposes shall only be implemented when the following conditions are met:

1. Ensuring the conditions prescribed in Article 29 of Decree No. 23/2006/NĐ-CP dated March 3, 2006 of the Government;

2. Having a plan for planting replacement forests with an area of replacement forests at least equal to the area of forest land converted to other purposes, approved by competent state authorities; or proof of payment for planting replacement forests as stipulated in Clause 3, Article 6 of this Circular.

Article 3. Establishment and Proposal for Approval of Plans for Planting Replacement Forests on Areas Converted to Other Purposes

1. Organizations and individuals who are project owners converting forest land to other purposes shall be responsible for organizing the establishment of replacement forest plans (hereinafter referred to as plans) to submit to the People's Committee of the province or centrally governed city (hereinafter referred to as provincial People's Committee) for approval. In cases where the converted forest land spans multiple provinces or centrally governed cities, separate plans shall be established for each province.

2. The plan shall be established according to the model set forth in Appendix 02 attached hereto and must detail the following contents:

a) Name of the investment project for planting replacement forests on areas converted to other purposes;

b) Area of forest land converted to other purposes, detailed by type of forest (special-use, protective, productive); description of the status of each forest lot;

c) Area of land for planting replacement forests, detailed by location, topography, place name, type of forest planned for development (special-use, protective, productive) down to each lot; species of trees to be planted and planting methods;

d) Progress schedule for planting replacement forests; average investment per hectare; total investment for planting replacement forests;

đ) Management organization, allocation of resources, and implementation of the plan.

3. Proposal for Approval of the Plan

a) The proposal for approval of the plan includes: a request for approval of the plan according to the model set forth in Appendix 01 attached hereto; the plan as stipulated in Clause 2 of this Article; design maps and related documents;

b) Five sets of documents, including: one original set, four copies.

4. Method of Submitting Documents

The project owner submits the proposal for approval of the plan directly or through postal service to the Department of Agriculture and Rural Development where the area for planting replacement forests is located.

Article 4. Review and Approval of the Plan

1. The Department of Agriculture and Rural Development is the leading agency to review and submit the plan for approval by the Provincial People's Committee.

2. The Director of the Department of Agriculture and Rural Development shall establish a Review Board for the plan comprising representatives from the Department of Agriculture and Rural Development, the Department of Natural Resources and Environment, the Department of Planning and Investment, the District People's Committee where the area for replanting forest land is located; related scientific organizations; the minimum number of members of the Board is 5 (five); a leader of the Department of Agriculture and Rural Development shall serve as the Chairman of the Board.

3. Organization of Verification:

Within twenty (20) working days from the date of receiving the file requesting approval of the plan, the Department of Agriculture and Rural Development must establish the Review Board and organize the review. In case on-site verification is required, the review period may be extended by no more than fifteen (15) working days. If the file does not meet the requirements specified in points a and b, Clause 3, Article 3 of this Circular, within three (3) working days from the date of receipt of the file, the Department of Agriculture and Rural Development must notify the project proponent who submitted the request.

The meeting of the Review Board for the plan must be recorded in minutes, including the opinions of the Board members, the conclusion of the chairperson of the meeting, and the minutes must be signed by all Board members with their full names.

Within three (3) working days from the date of the Review Board meeting, the Department of Agriculture and Rural Development shall submit the plan for consideration and approval by the Provincial People's Committee. In case it does not propose the Provincial People's Committee to consider and approve the plan, the Department of Agriculture and Rural Development must inform the project proponent who submitted the request of the reasons.

4. Approval of the plan: within ten (10) working days from the date of receiving the request for approval of the plan from the Department of Agriculture and Rural Development, the Provincial People's Committee must approve the plan; if it does not approve, the Provincial People's Committee must notify the Department of Agriculture and Rural Development of the reasons to inform the project proponent who submitted the request.

Article 5. Implementation of Replanting Forests

After the replanting forest plan has been approved by the Provincial People's Committee, the project proponent must organize the design of replanting forests in accordance with Decision No. 73/2010/QĐ-TTg dated November 16, 2010, issued by the Prime Minister on the Management Regulations for Investment Construction of Forestry Projects and current regulations of the Ministry of Agriculture and Rural Development; strictly implement replanting forests according to the plan and design; subject to inspection and supervision by specialized forestry management agencies in accordance with the law.

Article 6. Resolution of Replanting Forests in Cases Where Local Areas No Longer Have Land for Replanting Forests

1. In cases where the provincial locality has converted forest areas to other purposes but no longer has or does not have enough land for replanting forests, the Provincial People's Committee must prepare a document requesting the Ministry of Agriculture and Rural Development to arrange replanting forests in another locality.

2. After receiving the request from the Provincial People's Committee, the Ministry of Agriculture and Rural Development will allocate the replanting forest land area in other regions nationwide (based on annual planting plans), and notify the relevant Provincial People's Committees and project proponents.

3. Project proponents who change the purpose of using forests must prepare plans, designs, and replant forests as stipulated in this Circular and guidelines of the Ministry of Agriculture and Rural Development.

In cases where project proponents cannot organize replanting forests due to conditions, they must prepare a report detailing the reasons and request the Ministry of Agriculture and Rural Development to approve payment in lieu of replanting forests. The amount of money paid for replanting forests according to the design and budget must be approved by competent state authorities (including survey costs, design costs, construction costs, and management costs until the forest is established). The Ministry of Agriculture and Rural Development will specify the total amount and time for payment; project proponents must strictly comply with the payment regulations set by the Ministry of Agriculture and Rural Development.

4. The Central Forest Protection and Development Fund will accept the amount of money specified in Clause 3 of this Article paid by project proponents, manage and disburse funds according to the approval of the Ministry of Agriculture and Rural Development for replanting forests.

Article 7. Effective Date

1. This Circular takes effect from July 1, 2013.

For projects that have changed the purpose of using forests but have not yet implemented replanting forests since the Government Decree No. 23/2006/NĐ-CP dated March 3, 2006, guiding the implementation of the Law on Forest Protection and Development came into effect, the Provincial People's Committee shall direct the organization to review in the third quarter of 2013, requiring project proponents to complete replanting forests according to this Circular at the latest by 2014.

2. During the implementation process, if there are difficulties, organizations and individuals should reflect them to the Ministry of Agriculture and Rural Development for consideration and resolution.