Circular No. 25/2022/TT-BNNPTNT on planting replacement forests when changing the purpose of forest land use to other purposes

CIRCULAR

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

__________________________

Pursuant to Decree No. 105/2022/NĐ-CP dated December 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Forestry Law dated November 15, 2017;

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

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

Article 1. Scope of regulation: This Circular stipulates regulations on replanting forests when changing the purpose of forest land to other purposes.

Article 2. Applicability: Agencies, organizations, households, individuals, and community groups involved in replanting forests when changing the purpose of forest land to other purposes.

Article 3. General Provisions

1. Replanting forests refers to planting new forests on areas without existing forests that have been planned for special-use forests, protective forests, and production forests, or replanting forests on areas where planted forests did not become forests after completing the clearance of planted forests when implementing the change of the purpose of forest land to other purposes according to the provisions of the law, specifically:

a) In cases of self-replanting forests: The project owner plants forests on areas without existing forests that have been planned for special-use forests and protective forests and production forests;

b) In cases of not self-replanting forests: Planting forests on areas without existing forests that have been planned for special-use forests and protective forests; planting production forests on areas without existing forests managed by Special-Use Forest Management Boards, Protective Forest Management Boards, and armed forces units; replanting forests on areas where planted special-use forests and protective forests did not become forests after completing the clearance of planted forests according to the provisions of the law. Priority should be given to planting forests on areas without existing forests that have been planned for coastal forests and border forests.

2. The area of forests required to be replanted when changing the purpose of forest land to other purposes shall be implemented in accordance with Article 21 of the Forestry Law.

3. The cost of replanting forests is determined within the total investment amount of the project changing the purpose of forest land to other purposes.

4. The cost of replanting forests when changing the purpose of forest land to other purposes is paid by organizations and individuals authorized to decide on changing the purpose of forest land to other purposes (hereinafter referred to as the project owner) into the Provincial Forest Protection and Development Fund of provinces and centrally-administered cities or the Department of Agriculture and Rural Development of localities that have not established a Provincial Forest Protection and Development Fund (hereinafter referred to as the Provincial Forest Protection and Development Fund) according to the budget approved by the competent authority.

5. The budget and design for replanting forests are determined based on economic and technical standards for planting forests, caring for, and protecting forests according to Decision No. 38/2005/QD-BNN dated July 6, 2005, issued by the Minister of Agriculture and Rural Development on economic and technical standards for planting forests, enclosing and promoting regeneration and protecting forests; Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018, issued by the Minister of Agriculture and Rural Development on forestry measures; Circular No. 17/2022/TT-BNNPTNT dated October 27, 2022, issued by the Minister of Agriculture and Rural Development amending and supplementing some articles of Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018, issued by the Minister of Agriculture and Rural Development on forestry measures; daily labor rates, material prices, and seedling prices at the locality approved by the People's Committee of the province or centrally-administered city (hereinafter referred to as the Provincial People's Committee) where replanting forests takes place. The replanting forest budget is determined at the time the Provincial People's Committee where replanting forests takes place approves the payment of replanting forest costs.

6. Establishing, reviewing, approving budgets and designs, inspecting completion, and handling risks during the investment phase are carried out in accordance with Circular No. 15/2019/TT-BNNPTNT dated October 30, 2019, issued by the Minister of Agriculture and Rural Development guiding certain contents of public investment management for forestry works (hereinafter referred to as Circular No. 15/2019/TT-BNNPTNT).

7. Management, settlement, and final accounting of replanting forest costs:

a) The Forest Protection and Development Fund opens an account at the State Treasury to receive replanting forest costs;

b) The Provincial Forest Protection and Development Fund supervises the settlement of replanting forest expenses of the project owner and organizations and individuals assigned as main investors for replanting forests according to Article 5 Chapter II on managing payments from legitimate revenue sources of state agencies and public service units allocated for public investment projects of Decree No. 99/2021/NĐ-CP dated November 11, 2021, issued by the Government on the management, settlement, and final accounting of projects using public investment capital;

c) Organizations and individuals assigned as main investors for replanting forests settle accounts according to Decree No. 99/2021/NĐ-CP dated November 11, 2021, issued by the Government on the management, settlement, and final accounting of projects using public investment capital.

8. The project owner completes the replanting forest obligation after paying the full amount and receiving a written notice from the Provincial Forest Protection and Development Fund about the completion of the replanting forest obligation.

9. Criteria for selecting localities to replant forests from funds transferred from the National Forest Protection and Development Fund:

a) Having a document signed by the Chairman of the Provincial People's Committee registering to receive replanting forest costs according to Model No. 01 and replanting forest plans approved by the Provincial People's Committee according to Model No. 02 Appendix I attached to this Circular;

b) Having areas without existing forests that have been planned for special-use forests, protective forests, and production forests according to point b Clause 1 Article 2 of this Circular;

c) In cases where multiple localities register to receive replanting forest costs, priority should be given to localities with large areas without existing forests but unable to balance their budgets for replanting forests.

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

1. The project owner who organizes the planting of substitute forests must have land areas without existing forests that are planned for special-use forests, protective forests, or production forests, which are assigned or leased by the State for planting forests in accordance with the law.

2. Authority to approve the Plan for Planting Substitute Forests: Provincial People's Committee.

3. Documents include:

a) Original document requesting approval of the Plan for Planting Substitute Forests as specified in Model No. 01 in Appendix II issued together with this Circular;

b) Original Plan for Planting Substitute Forests as specified in Model No. 02 in Appendix II issued together with this Circular;

c) Original budget estimate and design for planting substitute forests as stipulated in Clause 5, Article 2 of this Circular;

d) Copy of the document from the competent state agency approving the proposal to change the purpose of using forest land to another purpose;

đ) Copy of other related documents (if any).

4. Procedure for implementation:

The project owner shall submit directly or send through postal service or electronic environment one set of documents as prescribed in Clause 3 of this Article to the Department of Agriculture and Rural Development where the area of forest land changed its purpose of use is located.

In case of submitting documents through the electronic environment, it shall be carried out in accordance with the provisions of Government Decree No. 45/2020/NĐ-CP dated April 8, 2020 on implementing administrative procedures in the electronic environment.

5. Time limit for responding to the completeness of the documents:

a) In case of direct submission: The Department of Agriculture and Rural Development shall check the completeness of the documents and immediately inform the project owner about the completeness of the documents and specify the reasons;

b) In case of submission through postal service or electronic environment: Within one working day from the date of receipt of the documents, the Department of Agriculture and Rural Development shall examine the completeness of the documents; if the documents are incomplete according to the regulations, they shall notify the project owner in writing and specify the reasons.

6. Within twenty days from the date of receiving valid documents, the Department of Agriculture and Rural Development shall establish an Appraisal Board and organize the appraisal of the Plan for Planting Substitute Forests. In case of need to inspect and evaluate the Plan for Planting Substitute Forests at the site, the Department of Agriculture and Rural Development shall establish an Appraisal Board, organize the appraisal, and complete the appraisal within thirty-five days from the date of receiving valid documents.

Members of the Appraisal Board include representatives of: 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 land for planting substitute forests is located; representatives of related scientific organizations (if any). The number of members of the Appraisal Board shall not exceed seven people.

a) In case the documents meet the conditions, the Department of Agriculture and Rural Development shall submit to the Provincial People's Committee for consideration and approval of the Plan for Planting Substitute Forests; accompanied by the budget estimate and design for planting substitute forests;

b) In case the documents do not meet the conditions, the Department of Agriculture and Rural Development shall notify the project owner in writing and specify the reasons.

7. Within ten days from the date of receiving the documents submitted for approval of the Plan for Planting Substitute Forests; budget estimate and design for planting substitute forests from the Department of Agriculture and Rural Development, the Provincial People's Committee shall approve the Plan for Planting Substitute Forests accompanied by the budget estimate and design for planting substitute forests, and send the result to the Department of Agriculture and Rural Development and the project owner. In case of non-approval, the Provincial People's Committee shall notify in writing and specify the reasons sent to the Department of Agriculture and Rural Development and the project owner.

8. Implementation of planting substitute forests:

a) Within ten days from the date of approval of the Plan for Planting Substitute Forests, budget estimate, and design for planting substitute forests, the project owner shall pay the full amount into the Provincial Forest Protection and Development Fund where the project owner submitted the documents; the Provincial Forest Protection and Development Fund shall notify the project owner in writing about the completion of the obligation to plant substitute forests;

b) The project owner must carry out the planting of forests within twelve months from the date of approval of the Plan for Planting Substitute Forests;

c) In case the project owner does not implement the planting of substitute forests as stipulated in point b of this clause, the Provincial People's Committee shall decide to organize the implementation of planting substitute forests at another location selected by the Provincial People's Committee using the funds paid by the project owner into the Provincial Forest Protection and Development Fund;

d) The Provincial Forest Protection and Development Fund shall disburse the funds for planting substitute forests in accordance with the provisions of point b, Clause 7, Article 2 of this Circular.

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

1. The project owner shall submit one set of documents requesting to pay for planting substitute forests directly or send through postal service or via electronic environment to the Department of Agriculture and Rural Development where the area of forest land has been converted to other purposes. In case of submitting documents via electronic environment, it shall be carried out in accordance with the provisions of Government Decree No. 45/2020/NĐ-CP dated April 8, 2020 on implementing administrative procedures via electronic environment.

2. Authority to approve payment for planting substitute forests: Provincial People's Committee.

3. Documents include:

a) Original document proposing approval to pay for planting substitute forests as stipulated in Appendix III issued together with this Circular;

b) Copy of the document from the competent state agency approving the policy to convert forest land to other purposes;

c) Copies of other related documents (if any).

4. Time limit for responding to the completeness of the dossier:

a) In case of direct submission: The Department of Agriculture and Rural Development shall check the completeness of the documents and immediately inform the project owner about the completeness of the documents and specify the reasons;

b) In case of submission through postal service or electronic environment: Within one working day from the date of receipt of the documents, the Department of Agriculture and Rural Development shall examine the completeness of the documents; if the documents are incomplete according to the regulations, they shall notify the project owner in writing and specify the reasons.

5. Approval to pay for planting substitute forests when the provincial People's Committee arranges land for planting substitute forests within its territory:

a) Within five working days from the date of receiving a valid dossier as prescribed in Clause 3 of this Article, the Department of Agriculture and Rural Development shall advise the provincial People's Committee to assign the Forest Protection Board, Specialized Forest Management Board, or armed unit as the investor for the case of planting substitute forests on the area of land managed by the Forest Protection Board, Specialized Forest Management Board, or armed unit; assign the Forest Inspection Sub-Department or the District Project Management Board for Forest Development as the investor for the case of planting substitute forests on the area of land managed by the Commune People's Committee, household, individual, or community;

b) Within twenty days from the date of being assigned the task, the investor shall prepare the budget estimate and design, submit them to the Department of Agriculture and Rural Development for review, and report to the provincial People's Committee for approval;

c) Within five working days from the date of receiving the dossier submitted by the Department of Agriculture and Rural Development, the provincial People's Committee shall approve the budget estimate and design and notify in writing the project owner about the time and amount of money to be paid for planting substitute forests;

d) Within ten days from the date of receiving the written notification from the provincial People's Committee, the project owner must pay the full amount for planting substitute forests into the Provincial Forest Protection and Development Fund to organize the planting of substitute forests.

6. Procedure for approval to pay for planting substitute forests in cases where localities cannot arrange land for planting:

a) Within five working days from the date of receiving a valid dossier as prescribed in Clause 3 of this Article, the Department of Agriculture and Rural Development shall report to the provincial People's Committee for consideration and forward the dossier requesting the Ministry of Agriculture and Rural Development to approve the payment for planting substitute forests into the Vietnam Forest Protection and Development Fund to organize planting substitute forests in another locality;

The dossier includes: The document from the provincial People's Committee requesting the Ministry of Agriculture and Rural Development to approve the payment for planting substitute forests into the Vietnam Forest Protection and Development Fund, clearly stating the reason for the lack of land for planting substitute forests; the dossier as prescribed in Clause 3 of this Article;

b) Within five working days from the date of receiving a valid dossier from the provincial People's Committee, the Ministry of Agriculture and Rural Development shall issue a document requesting the provincial People's Committee where the substitute forests will be planted to build and approve the budget estimate and design for planting forests in accordance with Clauses 5 and 6 of Article 2 of this Circular;

c) Within thirty days from the date of receiving the document from the Ministry of Agriculture and Rural Development, the provincial People's Committee where the substitute forests will be planted shall approve the budget estimate and design for planting substitute forests in accordance with Clause 5 of Article 2 of this Circular and send it to the Ministry of Agriculture and Rural Development;

d) Within three working days from the date of receiving the decision approving the budget estimate and design for planting forests from the provincial People's Committee where the substitute forests will be planted, the Ministry of Agriculture and Rural Development shall notify or have a specialized agency notify in writing the provincial People's Committee where the payment request was made about the time and amount of money the project owner must pay for planting substitute forests;

đ) Within thirty days from the date the Ministry of Agriculture and Rural Development issues or assigns a specialized agency to issue the notification document, the project owner must pay the substitute forest planting fee into the Provincial Forest Protection and Development Fund where the project owner submitted the dossier;

e) Within five working days from the date the project owner pays the substitute forest planting fee, the Provincial Forest Protection and Development Fund shall transfer the amount paid by the project owner to the Vietnam Forest Protection and Development Fund to implement planting in another locality;

g) Within ten days from the date of receiving the full substitute forest planting fee, the Vietnam Forest Protection and Development Fund shall transfer funds to the Provincial Forest Protection and Development Fund where the substitute forest planting site is selected according to regulations;

h) Within twelve months from the date of receiving funds transferred from the Vietnam Forest Protection and Development Fund, the provincial People's Committee where the substitute forest planting fee is received shall organize the implementation of planting substitute forests, inspect, settle accounts, and finalize the substitute forest planting expenses in accordance with Clauses 5, 6, and 7 of Article 2 of this Circular.

Article 5. Management of planted forests from afforestation funds

Planted forests from afforestation funds, upon completion and acceptance, shall be managed according to the regulations on special-use forests, protective forests, and production forests as stipulated in Sections 2, 3, and 4 of Chapter II of Decree No. 156/2018/NĐ-CP dated November 16, 2018, detailing certain provisions of the Forestry Law.

Article 6. Handling risks for replacement forests

The area of planted forests from afforestation funds that suffer losses due to force majeure factors leading to failure to become forests or loss of forests shall be liquidated in accordance with the laws on liquidation of planted forests.

Article 7. Implementation Organization

1. The General Department of Forestry:

a) Organizes the implementation of this Circular; guides, monitors, urges, and inspects the implementation of afforestation replacement nationwide;

b) Selects localities to implement afforestation replacement, reallocates afforestation funds transferred by localities to the Vietnam Forest Protection and Development Fund in accordance with this Circular;

c) Annually, before January 31, summarizes and reports to the Ministry of Agriculture and Rural Development on the results of afforestation replacement nationwide in the previous year.

2. Provincial People's Committees:

a) Directs and organizes the implementation of this Circular within its jurisdiction;

b) Approves the annual afforestation replacement plan within its jurisdiction and sends it to the Ministry of Agriculture and Rural Development for consideration of fund reallocation in cases where localities require afforestation replacement funds from the Vietnam Forest Protection and Development Fund's reallocated funds before December 20 each year;

c) Directs the planting of replacement forests within twelve months from the date the project owner pays the money to the provincial-level Forest Protection and Development Fund.

3. Departments of Agriculture and Rural Development:

a) Drafts and submits to the provincial People's Committee for approval the annual afforestation replacement plan within its jurisdiction in cases where localities require afforestation replacement funds from the Vietnam Forest Protection and Development Fund's reallocated funds;

b) Advises the provincial People's Committee to assign the task of afforestation replacement to units within its jurisdiction;

c) Advises the provincial People's Committee to approve the budget estimate and design of afforestation replacement;

d) Leads the review of afforestation replacement plans, budget estimates, and designs submitted by project owners;

đ) Organizes inspections and supervision of afforestation replacement activities within its jurisdiction;

e) Organizes the final acceptance of afforestation replacement;

g) Annually, before December 15, reports to the provincial People's Committee and the General Department of Forestry on the results of afforestation replacement within its jurisdiction according to Model No. 01 of Appendix IV issued together with this Circular.

4. Provincial Forest Inspection Agencies:

a) Inspect, guide, and ensure compliance with laws on forest management, protection, fire prevention, and firefighting for areas of afforestation replacement within its jurisdiction;

b) Inspect and supervise the implementation of afforestation replacement by units and organizations assigned afforestation funds.

5. Forest Protection and Development Funds at all levels:

a) Receive and disburse afforestation replacement funds paid by project owners in accordance with decisions of competent authorities;

b) Coordinate in inspecting and supervising the implementation of afforestation replacement by units and organizations assigned afforestation funds;

c) Annually, before December 15, report to the managing authority on the results of receiving and disbursing afforestation replacement funds paid by project owners or transferred by the Vietnam Forest Protection and Development Fund according to Model No. 02 of Appendix IV issued together with this Circular.

6. Project owners who organize afforestation replacement, and organizations assigned as investors in afforestation replacement shall implement:

a) Prepare budget estimates and designs for afforestation replacement for approval by competent authorities in accordance with Clause 5 of Article 2 of this Circular;

b) Implement afforestation replacement until final acceptance, manage and utilize afforestation replacement forests in accordance with this Circular;

c) In the investment phase, annually report on afforestation, care, and protection of afforestation replacement areas to the Department of Agriculture and Rural Development for consolidation before November 30.

Article 8. Effective Date

1. This Circular takes effect from February 15, 2023.

2. Circular No. 13/2019/TT-BNNPTNT dated October 25, 2019, of the Minister of Agriculture and Rural Development on afforestation replacement when changing land use purposes from forest to other purposes ceases to be effective from the date this Circular takes effect.

3. Transitional Provisions:

a) Project owners with approved afforestation replacement plans or with approval letters for payment of afforestation replacement funds from competent authorities before this Circular takes effect shall implement in accordance with Circular No. 13/2019/TT-BNNPTNT dated October 25, 2019, of the Minister of Agriculture and Rural Development on afforestation replacement when changing land use purposes from forest to other purposes;

b) Project owners with unapproved afforestation replacement plans or without approval letters for payment of afforestation replacement funds from competent authorities before this Circular takes effect shall implement in accordance with this Circular.

4. Any legal documents cited and applied in this Circular, when amended, supplemented, or replaced, shall be implemented in accordance with the amended, supplemented, or replacing documents./.