Decree No. 27/2024/NĐ-CP amends and supplements certain 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 CERTAIN PROVISIONS OF THE DECREE NO. 156/2018/NĐ-CP DATED November

16, 2018 OF THE GOVERNMENT PROVIDING DETAILS ON IMPLEMENTATION OF CERTAIN

PROVISIONS OF THE FORESTRY LAW

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Forestry Law dated November 15, 2017;

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 9 of Article 3 as follows:

"9. Temporary use of forest land is the use of forest land to implement temporary construction works for power grid projects to develop the economy and society for national and public benefits in accordance with the provisions of laws on construction, electricity, and other relevant laws, but without changing the purpose of using forest land to another purpose for the area temporarily used."

2. Supplement Article 42a as follows:

"Article 42a. Temporary use of forest land
1. Conditions for approving the Plan for temporary use of forest land When approving the Plan for temporary use of forest land, the project must meet the following conditions:
a) There must be a power grid project to develop the economy and society for national and public benefits that has been decided on investment orientation or approved for investment orientation or approved for investment project according to the provisions of laws on public investment, public-private partnership investment, and investment.
b) In cases where the project involves both changing the purpose of using forest land to another purpose and temporary use of forest land, there must be a decision on investment orientation to change the purpose of using forest land to another purpose (for the area of forest land changed in purpose). In cases where the project does not change the purpose of using forest land to another purpose but involves temporary use of forest land, there must be a decision on investment orientation or approval for investment orientation or approval for investment project.
c) Temporary use of forest land is only allowed when the project necessarily uses the area with forest due to the inability to arrange on other areas of land. The maximum area for temporary use of forest land and felling of forest trees within the temporary use area must be limited (no felling of forest trees with a diameter of 20 cm or more from ground level up to 1.3 meters on the tree trunk).
d) The area for temporary use must be investigated and evaluated regarding its current status, stock, and impact of temporary use of forest land on the forest ecosystem. The contents related to entering the forest, replanting, and restoring the forest must be fully and detailedly reflected in the Plan for temporary use of forest land.
đ) The duration of temporary use of forest land must be clearly stated in the document requesting approval of the Plan for temporary use of forest land; it shall not exceed the implementation period of the project.
e) Temporary use of forest land is not allowed in strictly protected areas of special-use forests, within the area of forests containing rare and precious plant species; it shall not be used to cut down, destroy forests, hunt wild animals, extract, transport timber and forest products illegally, legitimize illegally extracted timber and forest products; it shall not introduce waste, toxic chemicals, explosives, flammable substances, tools, and means into the forest illegally; it shall not construct, dig, excavate, build dams, block natural water flow, and engage in other activities contrary to the law that alter the natural landscape, destroy forest resources, forest ecosystems, and forest protection and development works.
g) Reforestation must be carried out immediately during the nearest planting season at the local level but not later than 12 months from the end time of temporary use of forest land as approved in the Plan for temporary use of forest land; ensuring the restored forest area meets the criteria for becoming a forest according to the provisions of forestry laws.
2. Authority to approve the Plan for temporary use of forest land The Chairman of the Provincial People's Committee decides to approve the Plan for temporary use of forest land to implement temporary works for power grid projects to develop the economy and society for national and public benefits. In cases where the temporarily used forest area falls under the management of forest owners who are units directly under ministries and sectors, the Chairman of the Provincial People's Committee must seek opinions from the competent ministries and sectors through written documents and only approve if they agree.
3. Documents The documents for requesting approval of temporary use of forest land include:
a) A document requesting approval of the Plan for temporary use of forest land or adjustment of the Plan for temporary use of forest land by the project investor according to Appendix I issued together with this Decree;
b) A copy of the decision on investment orientation to change the purpose of using forest land to another purpose of the project or a copy of the decision to change the purpose of using forest land to another purpose of the project. In cases where the project does not change the purpose of using forest land to another purpose, a copy of the decision on investment orientation or approval for investment orientation or approval for investment project is required;
c) An original report explaining the situation and a map showing the current state 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 state of the forest area for temporary use at a scale of 1/5,000 clearly showing the location (plot, section, sub-section; administrative name), scope, and boundary of the forest area proposed for temporary use;
d) The Plan for temporary use of forest land or adjustment of the Plan for temporary use of forest land established by the investor according to Appendix II issued together with this Decree.
4. Procedures for approving the Plan for temporary use of forest land
a) The project investor must submit a document requesting approval of the Plan for temporary use of forest land or adjustment of the Plan for temporary use of forest land directly or through postal services or electronic environment to the Department of Agriculture and Rural Development one set of documents as stipulated in Clause 3 of this Article. In cases where the documents are not valid, the Department of Agriculture and Rural Development must respond in writing within three working days from the date of receipt of the documents and specify the reasons.
b) Within seven working days from the date of receiving valid files, the Department of Agriculture and Rural Development shall check and verify the explanatory report and the current forest map of the proposed temporary use area, organize the assessment of the Temporary Forest Use Plan or the adjustment of the Temporary Forest Use Plan; submit to the Provincial People's Committee for consideration and decision on approval of the Temporary Forest Use Plan or the adjustment of the Temporary Forest Use Plan (the submission file is stipulated in Clause 3 of this Article and the assessment report).
c) In cases where the temporary use area of the forest falls within the management scope of the forest owner who is units under ministries and sectors, within three working days from the date of receipt of the proposal and files of the Department of Agriculture and Rural Development, the Provincial People's Committee shall seek opinions of the competent ministry or sector. The opinion solicitation file includes: the request letter of the Provincial People's Committee, the assessment report, and the file specified in Clause 3 of this Article. Within five working days from the date of receipt of the opinion solicitation file 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 the adjustment of the Temporary Forest Use Plan according to Appendix III issued together with this Decree. If not approved, the Chairman of the Provincial People's Committee shall reply in writing and specify the reasons.
d) For cases where there is no need to seek opinions of the competent ministry or sector, within five working days from the date of receipt of the proposal and files of 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 the adjustment of the Temporary Forest Use Plan according to Appendix III issued together with this Decree. If not approved, the Chairman of the Provincial People's Committee shall reply in writing and specify the reasons.
5. Adjustment of the decision approving the Temporary Forest Use Plan
a) Projects that change the location and scope of temporary forest use without changing the type of forest, without increasing the forest area compared to the total forest area already approved by the competent authority and ensuring the conditions prescribed in Clause 1 of this Article do not have to implement the adjustment of 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 changes in the location and scope of temporary forest use.
b) Projects that change the content of the Temporary Forest Use Plan already approved and do not fall under the provisions of point a of this clause must implement the adjustment of the decision approving the Temporary Forest Use Plan. The file, procedure, and process for submitting the decision to approve the adjustment of the Temporary Forest Use Plan shall be implemented according to the provisions of Clause 3 and Clause 4 of this Article. As for the file components that do not change in content compared to the file submitted for approval of the Temporary Forest Use Plan, they do not need to be resubmitted according to the provisions of Clause 3 of this Article.
c) The authority to adjust the decision approving the Temporary Forest Use Plan shall be carried out according to the provisions of Clause 2 of this Article.
6. Exploitation of forest products and replanting of forests
a) Logging in the temporary use area of the forest shall be applied according to the regulations on the exploitation of forest products by the Minister of Agriculture and Rural Development regarding forest product management and traceability. b) The project investor is responsible for replanting the forest after the temporary use of the forest. The replanting and acceptance of the forest shall be carried out according to the regulations of the Minister of Agriculture and Rural Development on forestry measures; on the management of investment in forestry works; for natural forests, replanting can only be done with native trees."

Article 2. Implementation clause

1. This Decree takes effect from March 6, 2024.

2. Transitional provisions for the Impact and Restoration Plans of forests approved according to Resolution No. 23/NQ-CP dated February 23, 2023 of the Government shall continue to be implemented according to the approved plans.

Article 3. Responsibility for Implementation

1. The Ministry of Agriculture and Rural Development shall implement state management responsibilities, inspect the implementation of temporary forest use according to this Decree; promptly resolve issues within its authority, and report to the competent authority for issues arising beyond its authority.

2. The Ministry of Industry and Trade shall direct the establishment and adjustment of power grid planning, the approval of investment decisions for power grid projects within its authority, ensuring the principle of minimizing the temporary use of forests, especially natural forests when constructing power grid projects.

3. Provincial People's Committees:

a) Shall be responsible for the content of the decision approving the Temporary Forest Use Plan and the adjustment of the Temporary Forest Use Plan; inspect the temporary forest use activities of organizations and project investors; bear responsibility if violations of the approval and adjustment conditions of the Temporary Forest Use Plan occur, if deforestation, destruction, loss of forests, illegal logging, transportation of timber and forest products, and alteration of the natural landscape structure of the forest ecosystem due to the implementation of the Temporary Forest Use Plan happen; report annually before December 31 on the results of temporary forest use to the Ministry of Agriculture and Rural Development.

b) Direct forestry agencies in the province to guide and inspect project investors and forest owners during the implementation of the approved Temporary Forest Use Plan, inspect the replanting of forests, evaluate and accept the results of replanting forests after temporary forest use.

4. Project investors of power grid projects: Only allowed to impact forests to construct temporary works serving the construction of power grid projects after the Temporary Forest Use Plan has been approved by the competent authority; strictly follow the approved Temporary Forest Use Plan; bear responsibility if deforestation, destruction of forests, and damage to the forest ecosystem and environment occur during the construction of temporary works.

5. The Minister, the head of a ministerial-level agency, the head of a government-affiliated agency, and related agencies, organizations, and individuals are responsible for implementing this Decree.