Decision No. 829/QD-BNN-TCLN approves the "Plan for Afforestation to Replace Forests when Changing the Purpose of Forest Land Use"

Pursuant to …;

Approving the "Plan for Planting Replacement Forests When Changing the Purpose of Forest Land Use to Other Purposes"

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 THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Government Decree No. 199/2013/NĐ-CP dated November 26, 2013 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

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

Considering the proposal of the General Director of the Forest Protection Department,

Pursuant to …;

Article 1. Approves the Plan for Planting Replacement Forests When Changing the Purpose of Forest Land Use to Other Purposes with the main contents as follows:

I. OBJECTIVES

- To contribute to implementing legal provisions on forest protection and development when transferring forests to other purposes; gradually improve the planting of replacement forests by ministries, sectors, and localities in a systematic manner.
- To develop a plan to implement the planting of replacement forests on areas of forestry land that have been transferred to other uses as a basis for ministries, sectors, and localities to implement, contributing to stabilizing the national forest area, managing and using forestry land sustainably, ensuring security and environmental protection, and responding to climate change.
- To serve as a basis for the guidance, inspection, and supervision work of state management agencies at all levels regarding the transfer of forest land use to other purposes.
- To raise awareness among organizations and individuals about protecting forests and conserving resources when building and implementing projects involving the transfer of forests to other purposes.

II. OBJECTS FOR REPLACEMENT FOREST PLANTING

1. Objects required to plant replacement forests: 76,040 hectares, including areas of forest converted to other purposes where the characteristics of the forest (water retention, protective functions, etc.) are lost: areas of forest converted for hydropower construction, mineral extraction, construction materials; irrigation works, canals; aquaculture; road construction; national defense and security facilities; industrial zones, factories; resettlement; rural infrastructure.

2. Objects not required to plant replacement forests: 310,260 hectares, including areas of forest converted to the planting of long-term timber trees with protective functions similar to those of natural forests, such as conversion to rubber planting; planting of multi-purpose long-term crops.

III. PROGRESS OF REPLACEMENT FOREST PLANTING

1. For projects that have already changed the purpose of forest land use: complete replacement forest planting no later than 2016, with a total area of 76,040 hectares, of which: 2,540 hectares have been planted, 73,500 hectares remain to be planted, with the following annual progress:

a) In 2014: plant 13,410 hectares, including:

- Planting replacement forests when changing the purpose of forest land use to hydropower: 11,290 hectares.

- Planting replacement forests when changing the purpose of forest land use to other purposes: 2,120 hectares.

b) In 2015: plant 31,510 hectares, including:

- Planting replacement forests when changing the purpose of forest land use to hydropower: 10,050 hectares.

- Planting replacement forests when changing the purpose of forest land use to other purposes: 21,460 hectares.

c) In 2016:

- Planting replacement forests when changing the purpose of forest land use to other purposes: 28,570 hectares

- Summarize the implementation of the Plan for Planting Replacement Forests When Changing the Purpose of Forest Land Use to Other Purposes over three years.

(Details in the attached table).

2. For areas of forest converted to other purposes after December 31, 2013: project sponsors must develop a plan for planting replacement forests during the project investment planning phase, submit it for approval by the competent authority, and implement it according to current regulations.

IV. SOLUTIONS

1. Implementation procedures: localities organize reviews of investment projects that have changed the purpose of forestry land use from forest to other purposes since the effective date of Decree No. 23/2006/NĐ-CP dated March 3, 2006 of the Government on the Implementation of the Law on Protection and Development of Forests, requiring investors to plant replacement forests in accordance with Circular No. 24/2013/TT-BNNPTNT dated May 6, 2013 of the Ministry of Agriculture and Rural Development on Planting Replacement Forests When Changing the Purpose of Forest Land Use to Other Purposes.

- For areas of forest converted for hydropower construction: complete the planting of replacement forests within two years, 2014 and 2015.

- For investment projects that have been approved by the competent authority and are currently undergoing procedures to change the purpose of forestry land use from forest to other purposes: must have a plan for planting replacement forests and complete the planting of replacement forests for the converted forest area within 18 months from the date the plan for planting replacement forests is approved by the competent authority.

- For newly initiated investment projects: when approving the investment project, simultaneously approve the plan for planting replacement forests.

2. Propaganda, dissemination, and raising public awareness about planting replacement forests, especially those directly responsible for implementing planting replacement forests:

- Organize meetings to implement the Plan for Planting Replacement Forests on Areas of Forest Converted to Other Purposes; disseminate and enforce regulations on planting replacement forests.

- Train/project sponsors on developing plans for planting replacement forests.

- Publicize through mass media the regulations and organization of planting replacement forests.

3. Fund for planting replacement forests

The fund for planting replacement forests is determined based on the area of vacant land planned for forestry development:

- For project sponsors with land for planting replacement forests: develop and implement plans for planting replacement forests in accordance with Circular No. 24/2013/TT-BNNPTNT and current regulations.

- For project sponsors without land for planting replacement forests and unable to organize planting themselves: may pay funds for planting replacement forests into the Provincial Forest Protection and Development Fund in accordance with Clause 3, Article 10 of Decree No. 05/2008/NĐ-CP dated January 14, 2008 of the Government on the Forest Protection and Development Fund.

- In cases where localities do not have land for planting replacement forests: implement in accordance with Article 6 of Circular No. 24/2013/TT-BNNPTNT dated May 6, 2013 of the Ministry of Agriculture and Rural Development on Planting Replacement Forests When Changing the Purpose of Forest Land Use to Other Purposes.

4. Funding for planting replacement forests

a) Project sponsors ensure funding for planting replacement forests for areas of forest converted to hydropower construction, mineral extraction, aquaculture, industrial zones, factories, and ecotourism.

b) For public works not intended for business purposes where the investment capital originates from the state budget such as: irrigation works, transportation roads, national defense security facilities, schools, health stations, resettlement projects, etc., the funding for replanting forests shall be sourced from the state budget allocated to the Forest Protection and Development Plan for the period 2011-2020 and other lawful sources of funds.

Article 2. Implementation

1. The General Department of Forestry

- Take the lead in organizing and implementing the Program to relevant localities and related agencies.

- Organize propaganda, dissemination, and enhance societal awareness regarding replanting forests.

- Summarize and evaluate the annual implementation results and conclude on the process of implementing the Program.

2. Localities

- Implement replanting forests to each project changing the purpose of forest land use.

- Organize propaganda, dissemination, and enhance societal awareness about replanting forests at the local level.

- Strengthen inspection and supervision of replanting forests after changing the purpose of forest land use to another purpose.

- Regularly report to the Ministry of Agriculture and Rural Development on the results of replanting forests.

3. Request the Ministry of Industry and Trade, the Ministry of Natural Resources and Environment, and related ministries and sectors to coordinate with the Ministry of Agriculture and Rural Development to direct and urge localities and project sponsors to implement replanting forests in accordance with current regulations.

Article 3. This Decision takes effect from the date of signature.

Article 4. The Head of the Ministry's Office, the Director of the Forestry General Department, the Heads of related units under the Ministry, the People's Committees of provinces and centrally governed cities, and the sponsors of projects that have converted forests to other uses are responsible for enforcing this Decision./.