Decree No. 83/2020/NĐ-CP Amending and supplementing some 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 SOME ARTICLES OF THE DECREE NO. 156/2018/NĐ-CP OF THE GOVERNMENT GUIDING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE FORESTRY LAW

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

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. Amend Article 41 as follows:

"Article 41. Competence, Procedures, and Formalities for Deciding on the Proposal to Change the Purpose of Forest Land Use

1. Competence, procedures, and formalities for deciding on the proposal to change the purpose of forest land use by the National Assembly

a) The National Assembly decides on the proposal to change the purpose of forest land use in accordance with Clause 1, Article 20 of the Forestry Law.

b) The dossier proposing the decision on the proposal to change the purpose of forest land use is part of the dossier approving the investment proposal in accordance with the laws on public investment or investment, including: Explanatory report, map of the current state of the forest area proposed to change the purpose of forest land use (scale 1/2,000 for areas under 500 hectares, scale 1/5,000 for areas of 500 hectares or more), report on the suitability of the project with the land use plan, national forestry planning as prescribed by the laws on planning.

c) A project with a dossier as prescribed in this clause has been approved by the National Assembly for the investment proposal does not need to follow the procedures and formalities for changing the purpose of forest land use; in case it lacks the dossier as prescribed in this clause, it shall be carried out in accordance with Clause 5, Point b of this Article.

2. Competence, procedures, and formalities for deciding on the proposal to change the purpose of forest land use by the Prime Minister

a) The Prime Minister decides on the proposal to change the purpose of forest land use in accordance with Clause 2, Article 20 of the Forestry Law.

b) Organizations and individuals proposing to change the purpose of forest land use directly submit or send through postal service one dossier to the Department of Agriculture and Rural Development where the forest area proposed to change the purpose of forest land use is located. The dossier includes:

- The request for changing the purpose of forest land use from the organization or individual proposing to change the purpose of forest land use;

- Investment project proposal report or preliminary feasibility study report accompanied by the competent authority's review document (for projects already approved by the competent authority for investment proposal or investment decision: Approval of investment proposal or Investment Registration Certificate issued by the competent authority according to the Investment Law; approval of investment proposal or Investment Decision issued by the competent authority according to the Public Investment Law; valid Investment Permit or Investment Registration Certificate issued by the competent authority);

- Environmental impact assessment documents of the project according to the laws on environmental protection, investment, and public investment;

- Explanatory report, map of the current state of the forest (scale 1/2,000 for areas under 500 hectares, scale 1/5,000 for areas of 500 hectares or more), results of the forest survey in the area proposed to decide on the proposal to change the purpose of forest land use (forest area, forest volume).

In case the dossier is incomplete, within three working days from the date of receipt of the dossier, the Department of Agriculture and Rural Development will reply in writing to the organization or individual proposing to change the purpose of forest land use.

Within five working days from the date of receiving a complete and valid dossier, the Director of the Department of Agriculture and Rural Development reports to the Provincial People's Committee.

c) Within twenty working days from the date of receiving a complete and valid dossier, the Provincial People's Committee organizes the examination of the content to be submitted for approval of the proposal to change the purpose of forest land use. The examination content includes:

- Legal basis;

- Components and contents of the dossier;

- The necessity of investing in the project;

- Location (plot, compartment, sub-compartment, administrative name), results of the forest survey (forest area, forest volume); area according to: Type of forest (special-use forest, protective forest, production forest), source of formation (natural forest, planted forest), site conditions, volume (for natural forests), tree species (for planted forests);

- Compliance with relevant laws;

- Suitability with the land use plan, national forestry planning as prescribed by the laws on planning;

- Economic and social benefits;

- Environmental impact assessment documents of the project according to the laws on environmental protection, investment, and public investment;

- For projects changing the purpose of natural forest land use: Examination of the content determining that the project must be implemented on the area with natural forest due to the inability to allocate other land areas.

If the examination result does not meet the conditions, the Provincial People's Committee replies in writing to the organization or individual proposing to change the purpose of forest land use and clearly states the reasons.

d) Within five working days from the date of organizing the examination, the Provincial People's Committee sends the dossier to the Ministry of Agriculture and Rural Development. The dossier includes: The provincial people's committee's submission, the dossier as prescribed in Points b and c of this clause, and other related documents (if any).

The proposal of the People's Committee of the province includes the following main contents:

- General information about the project;

- The necessity of investing in the project;

- Location (plot, compartment, sub-compartment, administrative name), results of the forest survey (forest area, forest volume); area according to: Type of forest (special-use forest, protective forest, production forest), source of formation (natural forest, planted forest), site conditions, volume (for natural forests), tree species (for planted forests);

- Compliance with relevant laws;

- Suitability with the land use plan, national forestry planning as prescribed by the laws on planning;

- Economic and social benefits;

- Results of the environmental impact assessment of the project according to the laws on environmental protection, investment, and public investment;

- For projects changing the purpose of natural forest land use: Confirmation by the Chairman of the Provincial People's Committee that the project must be implemented on the area with natural forest due to the inability to allocate other land areas.

The Chairman of the Provincial People's Committee is responsible before the law for the completeness, comprehensiveness, and accuracy of the content of the dossier submitted.

đ) In case the dossier is incomplete, within three working days from the date of receipt of the dossier, the Ministry of Agriculture and Rural Development will reply in writing to the Provincial People's Committee.

Within twenty-five working days from the date of receiving all documents as prescribed at Point d Clause this Section, the Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of Natural Resources and Environment and other relevant ministries and sectors to review the documents; compile and submit for consideration and decision by the Prime Minister on the principle of changing the purpose of forest land use to another purpose.

The content of the document review includes:

- Compliance with legal regulations;

- Suitability with the land use plan, national forestry planning as prescribed by the laws on planning;

- The necessity of investment projects meeting the criteria stipulated in this Decree.

- Environmental impact assessment documents of the project according to the laws on environmental protection, investment, and public investment;

In case the review results do not meet the conditions to be submitted for decision by the Prime Minister on the principle of changing the purpose of forest land use, the Ministry of Agriculture and Rural Development shall reply in writing to the provincial People's Committee within five working days from the date of reviewing the documents.

The documents submitted by the Ministry of Agriculture and Rural Development to the Prime Minister include: the request letter of the Ministry of Agriculture and Rural Development, the review document (minutes of the Review Board meeting or report summarizing the opinions of relevant ministries, sectors, and localities), the documents as prescribed at Point d Clause this Section; documents of relevant ministries, sectors, and localities (if any).

In case the review is conducted through written consultation, the ministries, sectors, and localities providing opinions shall respond in writing to the Ministry of Agriculture and Rural Development within ten working days.

3. Authority, procedures, and formalities for deciding the principle of changing the purpose of forest land use to another purpose by the Provincial People's Council

a) The Provincial People's Council decides the principle of changing the purpose of forest land use for cases not specified in Clause 1 and Clause 2 of this Article.

b) Organizations and individuals proposing to change the purpose of forest land use shall directly send or deliver via postal service one set of documents to the Department of Agriculture and Rural Development. The documents include:

- The request for changing the purpose of forest land use from the organization or individual proposing to change the purpose of forest land use;

- Investment project proposal report or preliminary feasibility study report accompanied by the competent authority's review document (for projects already approved by the competent authority for investment proposal or investment decision: Approval of investment proposal or Investment Registration Certificate issued by the competent authority according to the Investment Law; approval of investment proposal or Investment Decision issued by the competent authority according to the Public Investment Law; valid Investment Permit or Investment Registration Certificate issued by the competent authority);

- Environmental impact assessment documents of the project according to laws on environmental protection, investment, and public investment;

- Detailed report, current forest map (scale 1/2,000), investigation results of the forest area proposed for decision on changing the purpose of forest land use (forest area, forest stock).

In case the documents are not valid, the Department of Agriculture and Rural Development shall reply in writing to the organizations and individuals proposing to change the purpose of forest land use within three working days from the date of receipt of the documents.

Within five working days from the date of receiving a complete and valid dossier, the Director of the Department of Agriculture and Rural Development reports to the Provincial People's Committee.

c) Within thirty working days from the date of receiving valid documents, the provincial People's Committee shall organize the review of the content to be approved for the principle of changing the purpose of forest land use. The content of the review includes:

- Legal basis;

- Components and contents of the dossier;

- The necessity of investing in the project;

- Location (plot, section, sub-section, administrative name), investigation results of the forest (forest area, forest stock); area according to: type of forest (special-use forest, protective forest, production forest), source of formation (natural forest, planted forest), site conditions (for natural forests), species (for planted forests);

- Compliance with relevant laws;

- Suitability with the land use plan, national forestry planning as prescribed by the laws on planning;

- Economic and social benefits; environmental impact assessment of the project according to laws on environmental protection, investment, and public investment.

In case the review results do not meet the conditions, the provincial People's Committee shall reply in writing to the organizations and individuals proposing to change the purpose of forest land use.

d) Within ten working days from the date of organizing the review, the provincial People's Committee shall submit to the Provincial People's Council for consideration and decision on the principle of changing the purpose of forest land use to another purpose. The documents include: the proposal of the provincial People's Committee, the documents as prescribed at Points b, c Clause this Section, and other related documents (if any).

The proposal of the People's Committee of the province includes the following main contents:

- General information about the project;

- The necessity of investing in the project;

- Location (plot, section, sub-section, administrative name), investigation results of the forest (forest area, forest stock); area according to: type of forest (special-use forest, protective forest, production forest), source of formation (natural forest, planted forest), site conditions (for natural forests), species (for planted forests);

- Compliance with relevant laws;

- Suitability with the land use plan, national forestry planning as prescribed by the laws on planning;

- Economic and social benefits; degree of environmental impact of the project according to laws on environmental protection, investment, and public investment.

4. For investment projects involving changing the purpose of forest land use, the principle of changing the purpose of forest land use is part of the approval of the investment principle of the project.

5. For projects that have been approved for investment principles but the decision has not determined the area of forest land to be changed to another purpose, the following shall apply:

a) In cases under the authority to decide the principle of changing the purpose of forest land use by the National Assembly: the procedures and formalities shall be carried out according to the provisions at Points b, c, d, and e Clause 2 of this Article.

The Ministry of Agriculture and Rural Development shall draft the report, compile the project documents to report to the Government for consideration and submit to the National Assembly for decision on the principle of changing the purpose of forest land use to another purpose.

b) In cases under the authority to decide the principle of changing the purpose of forest land use by the Prime Minister: the procedures and formalities shall be carried out according to the provisions at Points b, c, d, and e Clause 2 of this Article.

c) In cases under the authority to decide the principle of changing the purpose of forest land use by the Provincial People's Council: the procedures and formalities shall be carried out according to the provisions at Points b, c, and d Clause 3 of this Article.”

2. Supplement Article 41a as follows:

"Article 41a. Criteria for determining projects eligible for changing the purpose of natural forest land use to another purpose

1. National key projects as defined in Article 7 of the Law on Public Investment 2019, projects that have been approved for investment principles by the National Assembly according to Article 30 of the Investment Law 2014.

2. Projects serving national defense and security recognized in writing by the Ministry of Defense and the Ministry of Public Security; consistent with land use plans approved by competent state agencies; consistent with the national forestry planning as prescribed by laws on planning.

3. Urgent projects requiring the change of the purpose of natural forest land use

a) Emergency projects as defined by laws on emergency situations; sudden and urgent projects in disaster prevention and control, disease outbreaks, fires, explosions; urgent projects to address emerging issues in practice as decided by the National Assembly, the Government, and the Prime Minister.

b) Urgent projects concerning the construction of essential economic and social infrastructure (transportation, water resources, protection, and development of forests), power generation projects and power transmission systems ensuring national energy security, the restoration and preservation of revolutionary historical sites and national-level cultural-historical sites. Exploration, exploitation of mineral resources, and eco-tourism projects must be approved by the Prime Minister.

When approving the proposal to change the purpose of using natural forests, the projects must meet the following criteria:

- Proposing investment projects in accordance with laws on investment and public investment;

- Being consistent with the national forestry planning, land use plans, and land use plans approved by competent state agencies in accordance with laws on planning;

- Being confirmed by the provincial People's Committee (as stipulated in point d, Clause 2, Article 41) as projects that must be implemented on areas with natural forests due to the inability to arrange them on other lands. The Chairman of the provincial People's Committee shall be responsible before the Government, the Prime Minister, and the law for the content of the confirmation document mentioned above. The provincial People's Assembly shall closely supervise the proposal of the policy and the organization of implementing the conversion of natural forests to other purposes within its jurisdiction;

- Not located in strictly protected zones of special-use forests; not converting natural forests within the planning of special-use forests and protective forests to other purposes for mineral activities;

- Having a replanting plan in accordance with laws on forestry.

4. Projects that have been approved by competent authorities for investment proposals or investment decisions in accordance with the law, but temporarily suspended for review pursuant to Resolution No. 71/NQ-CP dated August 8, 2017 of the Government promulgating the program of action of the Government to implement Directive No. 13-CT/TW dated January 12, 2017 of the Politburo on strengthening the leadership of the Party in forest management, protection, and development; ensuring the following criteria:

- Consistent with the national forestry planning, land use plans, and land use plans approved by competent authorities in accordance with laws on planning;

- Being confirmed by the provincial People's Committee (as stipulated in point d, Clause 2, Article 41) as projects that must be implemented on areas with natural forests due to the inability to arrange them on other lands. The Chairman of the provincial People's Committee shall be responsible before the Government, the Prime Minister, and the law for the content of the confirmation document mentioned above. The provincial People's Assembly shall closely supervise the proposal of the policy and the organization of implementing the conversion of natural forests to other purposes within its jurisdiction;

- Not located in strictly protected zones of special-use forests; not converting natural forests within the planning of special-use forests and protective forests to other purposes for mineral activities;

In cases where necessary, the Appraisal Council (established at point d, Clause 2, Article 41 of this Decree) shall organize on-site inspections and surveys of the areas proposed to change the purpose of using natural forests to other purposes to implement projects under Clause 3 and Clause 4 of this Article.

5. The Government assigns the Prime Minister to decide on the proposal to change the purpose of using natural forests for projects serving national defense and security; urgent projects as specified in Clause 2, Article 14 of the Forestry Law, except those within the jurisdiction of the National Assembly; the components of the dossier, procedures, and formalities are prescribed in Clause 2, Article 41 (Clause 1 of this Decree).

3. Supplement Article 41b as follows:

"Article 41b. Provisions for forest areas planned for non-forestry purposes

For forest areas planned for non-forestry purposes but not yet decided by competent authorities to change the purpose of using forests, the provisions on changing the purpose of using the corresponding type of forest shall apply before approving the planning to transfer such forest areas to non-forestry purposes."

Article 2. Implementation clause

This Decree takes effect from the date of issuance.

Article 3. Transitional Provisions

1. For projects decided by state agencies to change the purpose of using forests before January 1, 2019, in accordance with the Forest Protection and Development Law and Resolution No. 71/NQ-CP dated August 8, 2017 of the Government promulgating the program of action of the Government to implement Directive No. 13-CT/TW dated January 12, 2017 of the Central Committee of the Communist Party of Vietnam on strengthening the leadership of the Party in forest management, protection, and development, but not yet completed, shall continue to be implemented; the replanting of forests for areas not yet completed in changing the purpose of using forests until December 31, 2018, shall be carried out in accordance with Article 21 of the Forestry Law.

2. For projects that have been reviewed by ministries and sectors, summarized by the Ministry of Agriculture and Rural Development, and submitted to the Government for consideration and decision on the proposal to change the purpose of using forests (in accordance with the procedures and formalities prescribed in Article 41 of Decree No. 156/2018/NĐ-CP dated November 16, 2018) before this Decree takes effect, there is no need to re-implement the procedures and dossiers as prescribed in this Decree.

The Head of the Ministry’s Office, Heads of Departments, Director of the Vietnam Registration Agency, Heads of agencies, units, and individuals related to this Circular shall be responsible for its enforcement.

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.