Circular No. 26/2015/TT-BNNPTNT amending and supplementing certain Articles of Circular No. 24/2013/TT-BNNPTNT dated May 6, 2013 of the Ministry of Agriculture and Rural Development on replanting forests when changing the purpose of forest land use to other purposes.

CIRCULAR
AMENDMENTS AND SUPPLEMENTS TO SOME ARTICLES OF CIRCULAR NO. 24/2013/TT-BNNPTNT OF MAY 6, 2013 ISSUED BY THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT ON REPLANTING FORESTS WHEN CHANGING THE PURPOSE OF FOREST USE TO ANOTHER PURPOSE

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Based on the Forest Protection and Development Law 2004;
Based on Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
Based on Decree No. 23/2006/NĐ-CP dated March 3, 2006 of the Government on the implementation of the Forest Protection and Development Law;
At the proposal of the Director General of the Forest Administration;
The Minister of Agriculture and Rural Development issues this Circular to amend and supplement some articles of Circular No. 24/2013/TT-BNNPTNT dated May 6, 2013 issued by the Ministry of Agriculture and Rural Development on replanting forests when changing the purpose of forest use to another purpose.
Article 1. Amend and supplement some articles of Circular No. 24/2013/TT-BNNPTNT dated May 6, 2013 issued by the Ministry of Agriculture and Rural Development on replanting forests when changing the purpose of forest use to another purpose.
1. Clause 2, Article 2 shall be amended as follows:
“2. Have a replanting forest plan for the area of forest converted to another purpose, with the replanting forest area being at least equal to the approved area of forest converted to another purpose by the competent state agency; or payment receipts for replanting forests.”
2. Clause 1 of Article 3 shall be amended and supplemented as follows:
“1. Organizations and individuals who are project sponsors converting the purpose of forest use to another purpose shall be responsible for organizing the preparation of a replanting forest plan (hereinafter referred to as the plan) to submit for approval by the People's Committee of the province or centrally-run city (hereinafter referred to as the provincial People's Committee). In cases where the area of forest converted to another purpose lies within the territory of multiple provinces or centrally-run cities, separate plans shall be prepared for each province.
a) In cases where projects funded by state budget funds have already converted the purpose of forest use to another purpose before Circular No. 24/2013/TT-BNNPTNT dated May 6, 2013 came into effect, it is not necessary to establish a separate replanting forest plan. The Department of Agriculture and Rural Development shall compile a list of areas and areas that need replanting forests of these projects, and develop a replanting forest plan for the entire province, to be submitted for approval by the provincial People's Committee. The plan shall be prepared according to the model attached as Appendix 03 to this Circular.
b) In cases where projects convert the purpose of forest use to business purposes, if the project sponsor does not have the conditions to organize replanting forests themselves but instead pay money for replanting forests, they do not need to prepare a replanting forest plan and shall implement according to Clause 5 of this Article.”
3. Point a of Clause 2 of Article 3 shall be amended as follows:
“a) Name of the replanting forest investment plan for the area of forest converted to another purpose.”
4. Clause 2 of Article 4 shall be amended and supplemented as follows:
“2. The Director of the Department of Agriculture and Rural Development shall establish a Replanting Forest Plan Review Board consisting of representatives from 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 replanting forest land is located, and related scientific organizations, with a minimum of 5 (five) members, and a leader of the Department of Agriculture and Rural Development serving as the chairman of the Board.
In cases where the total replanting forest area is less than 50 hectares, it is not necessary to establish a Replanting Forest Plan Review Board with all the components specified above. The Director of the Department of Agriculture and Rural Development shall decide on the number of Review Board members appropriate to the situation.”
11. Other acts infringing upon targets or guard posts according to the provisions of the law."
“Article 6. Handling replanting forests for projects converting the purpose of forest use to business purposes where the project sponsor does not have the conditions to organize replanting forests.
1. In cases where the provincial People's Committee arranges land for replanting forests within their jurisdiction:
a) For projects that have converted the purpose of forest use before the Circular No. 24/2013/TT-BNNPTNT dated May 6, 2013 came into effect, the provincial People's Committee shall decide that the replanting forest projects must complete the payment for replanting forests no later than September 30, 2015.
b) For projects that convert the purpose of forest use after the Circular No. 24/2013/TT-BNNPTNT dated May 6, 2013 came into effect, the project sponsor shall submit a written request to the provincial People's Committee for approval of the payment plan for replanting forests.
Documents include: Written request from the project sponsor to the provincial People's Committee for approval of the payment plan for replanting forests; detailed project description including the conversion of forest use purpose (attached to the written request).
Number and method of submission of documents: 01 set, submitted directly or via postal service.
Within 15 (fifteen) working days from the date of receipt of the project sponsor's documents, the provincial People's Committee shall examine and resolve and notify the project sponsor in writing to proceed with implementation.
c) The provincial People's Committee shall determine the replanting forest unit price, total amount, and time frame for the project sponsor to make payments for replanting forests. The replanting forest unit price shall be calculated in dong per hectare (including survey, design, construction, and management costs until the forest is established) based on the average replanting forest budget estimate in the province at the time of the project sponsor's payment.
d) The Provincial Forest Protection and Development Fund shall receive and manage the replanting forest payment amount, disburse funds according to the provincial People's Committee's approval to organize replanting forests.
2. In cases where there is no remaining land for replanting forests in the locality:
a) For projects that have converted the purpose of forest use before the Circular No. 24/2013/TT-BNNPTNT dated May 6, 2013 came into effect, the provincial People's Committee shall decide that the replanting forest projects must complete the payment for replanting forests no later than September 30, 2015.
b) For projects that convert the purpose of forest use after the Circular No. 24/2013/TT-BNNPTNT dated May 6, 2013 came into effect, the project sponsor shall submit a written request to the provincial People's Committee for approval of the payment plan for replanting forests.
c) The provincial People's Committee shall prepare a written request to the Ministry of Agriculture and Rural Development for approval of the payment plan for replanting forests by the project sponsor. Documents include: Written request from the provincial People's Committee to the Ministry of Agriculture and Rural Development; list of projects fulfilling the obligation to pay for replanting forests (attached to the written request) compiled according to the model attached as Appendix 04 to this Circular.
Number and method of submission of documents: 01 set, submitted directly or via postal service.
d) Within twenty (20) working days from the date of receipt of the dossier from the Provincial People's Committee, the Ministry of Agriculture and Rural Development shall examine and allocate the area for replanting forests in another locality nationwide; determine the unit price for replanting forests, the total amount of money, and the time period within which the project owner must pay for replanting forests; notify in writing to the relevant Provincial People's Committee and the project owner to implement.
đ) The unit price for replanting forests shall be calculated in dong/hectare (including survey costs, design costs, construction costs, and management costs until the forest is established) based on the average budgeted cost of planting forests at the time the project owner makes payment.
The Central Forest Protection and Development Fund shall receive, manage, and disburse the funds for replanting forests according to the approval of the Ministry of Agriculture and Rural Development to organize replanting forests.
3. The funds paid into the Forest Protection and Development Fund for replanting forests shall only be allocated for protective and special-purpose forests.
6. Add Appendix 03: Plan for replanting forests in areas where forests have been converted for public works projects; Appendix 04: List of projects implementing the obligation to pay for replanting forests into the Vietnam Forest Protection and Development Fund.
Article 2. Implementation clause
This Circular takes effect from September 15, 2015.
During the implementation of this Circular, if there are any difficulties, agencies, organizations, and individuals shall promptly inform the Ministry of Agriculture and Rural Development for research and amendment./.