Decree No. 91/2024/ND-CP Amending and Supplementing 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 articles of Decree No. 156/2018/NĐ-CP dated November 16, 2018 of the Government detailing implementation of certain provisions of the Forestry Law

concerning the detailed implementation of certain provisions of the Forestry Law.

implement certain Articles of the Forestry Law

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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;

Pursuant to Article 248 of the Land Law dated January 18, 2024;

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. Amending and supplementing Clause 6, Clause 7, Clause 8, and adding Clause 10 and Clause 11 following Clause 9 of Article 3 as follows:

“6. Exploitation for utilization is the act of felling trees in the forest during the implementation of forestry measures, scientific research; land clearance for projects when changing the purpose of using the forest to another purpose, temporarily using the forest for construction of temporary structures serving the construction of power grid projects; liquidation of planted forests; construction of infrastructure serving the protection and development of forests as stipulated in Clauses 1, 2, 3, and 4 of Article 51 of the Forestry Law.

7. Exploitation for collection is the act of collecting fallen, broken, or dead trees and plants from natural causes or disasters; wood and non-wood plants that have been burned, dried, rotted, branches, and tops remaining in the forest.

8. Forest environment is a component of the forest ecosystem, formed from natural elements including living organisms, soil, water, air, sound, light, and other material factors affecting forest biodiversity and natural scenery.

10. Ecotourism, resort, and entertainment projects in special-use forests, protective forests, and production forests are investment projects that utilize the forest environment to operate ecotourism, resort, and entertainment services.

11. Changing the purpose of using special-use forests, protective forests, and production forests to another purpose is the act of altering the purpose of using these forests to another purpose by a decision of a competent state agency.”

2. Amending and supplementing Point a Clause 3 of Article 4 as follows:

“a) Natural forests on hills, mountains, and plains: the average height of forest trees is 5.0 meters or more; coppice forests with an average height of forest trees is 3.0 meters or more.”

3. Amending and supplementing Point a Clause 3 of Article 5 as follows:

“a) Planted forests on hills, mountains, and plains: the average height of forest trees is 5.0 meters or more; planted forests on acid sulfate soils, planted forests at altitudes above 1,000 meters, multi-purpose forest trees, and planted forests under special ecological conditions: the average height of forest trees is 3.0 meters or more.”

4. Adding Clauses 6, 7, 8, 9, and 10 following Clause 5 of Article 9 as follows:

“6. The adjustment to increase the area of special-use forests from the conversion of protective forests or production forests or forests outside the forestry planning is carried out according to the provisions of Clauses 1, 2, 3, 4, and 5 of this Article for the additional area of the special-use forest.

7. The adjustment to decrease the area of special-use forests when converting to production forests or protective forests or changing the purpose of using the forest to another purpose is carried out when converting the type of forest or changing the purpose of using the forest according to the provisions of Articles 39, 40, and 42 of this Decree.

Within thirty days after the competent authority decides to convert the type of forest or change the purpose of using the forest to another purpose, the forest owner must complete updating the forest management records.

8. Conversion between types of special-use forests, including national parks, nature reserves, species and habitat conservation areas, and scenic protection areas, when meeting the criteria specified in Clauses 1, 2, 3, and 4 of Article 6 of this Decree shall be implemented according to the provisions of Clauses 1, 2, 3, 4, and 5 of this Article.

9. Criteria for functional zones of national parks, nature reserves, and species and habitat conservation areas

a) Strict protection zones shall meet one of the following criteria:

Having a natural ecosystem that remains intact or having a natural ecosystem that ensures the natural development laws of the forest ecosystem.

Naturally distributed and inhabited by endemic, endangered, precious, and rare wild animals and plants.

For special-use forests with components of wetland and coastal ecosystems, the location, scope, and scale of strictly protected zones are determined based on the current status of natural ecosystems and topography, hydrology, and flooding regimes; they are habitats for endemic, endangered, precious, and rare wild animals and plants.

b) The ecological restoration zone meets one of the following criteria:

It has a forest ecosystem that requires restoration through forestry techniques to achieve its characteristic natural state.

It has a natural ecosystem and habitat that maintains regular food sources and movement routes for wild animals.

For special-use forests with components of wetland and coastal ecosystems, the location, scope, and scale of ecological restoration zones are determined based on the current status of natural ecosystems and topography, hydrology, and flooding regimes; they are places maintaining regular food sources and movement routes for wild animals.

c) The service and administrative zone meets the following criteria:

Mainly established to build technical infrastructure, including work, living, research, experimental science facilities, rescue, and biological development facilities of the special-use forest management board; facilities serving ecotourism, resorts, entertainment, and implementing other functions as prescribed by law;

The area of service and administrative zones should be concentrated, suitable to the scale of the special-use forest management board, the current status of the forest, and the total natural area of the special-use forest.

10. Adjusting the functional zones of national parks, nature reserves, and species and habitat conservation areas

a) The forest owner prepares a plan to adjust the functional zones with the main contents as follows:

Legal, scientific, and practical basis;

Evaluation of the current status of the forest, natural ecosystems; values related to biodiversity, genetic resources of living organisms; scientific, experimental, environmental education, and provision of forest environmental services meeting the criteria of the functional zones for the adjusted area;

Determination of the boundaries of the functional zones after adjustment on maps and actual locations;

Determination of implementation measures and organizational management after adjusting the functional zones.

b) The dossier for reviewing the adjustment of functional zones includes:

The forest owner's proposal to adjust the functional zones (original);

The plan to adjust the functional zones of the special-use forest as stipulated in point a of this clause (original);

Maps showing the current status of the forest before adjustment and the anticipated current status of the forest after adjusting the special-use forest area must clearly indicate the scope, boundaries, and functional zones (original copy). Depending on the scale of the special-use forest area, the forest owner selects appropriate types of maps with a consistent scale of 1/5,000, 1/10,000, or 1/25,000 according to the VN2000 reference system.

c) The procedure and process for reviewing and approving adjustments to the functional zones of special-use forests under the management of the Ministry of Agriculture and Rural Development

The forest owner submits one set of documents directly or through postal services or electronic environment to the Forest Department under the Ministry of Agriculture and Rural Development (hereinafter referred to as the receiving agency).

In case the submitted documents are not valid, within three working days from the date of receipt of the documents, the receiving agency sends a written notice to the forest owner to complete the documents and specify the reasons.

Within five days from the date of receipt of valid documents, the receiving agency requests the Ministry of Agriculture and Rural Development to organize the collection of written review opinions from relevant ministries, sectors, and localities in accordance with the functions and responsibilities of the agencies being consulted and the regulations on the documents for adjusting the functional zones of special-use forests and the content of the plan for adjusting the functional zones of special-use forests as stipulated in point a of this clause.

Within fifteen days from the date of receipt of the document requesting opinions from the Ministry of Agriculture and Rural Development, relevant ministries, sectors, and localities are responsible for responding in writing to the receiving agency as specified in this clause.

Within fifteen days from the date of receipt of the documents from relevant ministries, sectors, and localities, the receiving agency is responsible for completing the review.

In case the review results meet the conditions, within twenty days, the receiving agency reports to the Ministry of Agriculture and Rural Development and submits to the Prime Minister for approval of the policy to adjust the functional zones of special-use forests under the management of the Ministry of Agriculture and Rural Development.

In case the review results do not meet the conditions, the receiving agency sends a written notice to the forest owner informing them and specifying the reasons.

Within twenty days from the date the Prime Minister decides on the policy to adjust, the Ministry of Agriculture and Rural Development decides on the adjustment of the functional zones of special-use forests under its management.

d) The procedure and process for reviewing and approving adjustments to the functional zones of special-use forests under local management

The forest owner submits one set of documents directly or through postal services or electronic environment to the Department of Agriculture and Rural Development.

In case the submitted documents are not valid, within three working days from the date of receipt of the documents, the Department of Agriculture and Rural Development sends a written notice to the forest owner to complete the documents and specify the reasons.

Within five days from the date of receipt of valid documents, the Department of Agriculture and Rural Development organizes the collection of written review opinions from relevant departments, sectors, and localities in accordance with the functions and responsibilities of the agencies being consulted and the regulations on the documents for adjusting the functional zones of special-use forests and the content of the plan for adjusting the functional zones of special-use forests as stipulated in point a of this clause.

Within fifteen days from the date of receipt of the document requesting opinions from the Department of Agriculture and Rural Development, relevant departments, sectors, and localities are responsible for responding in writing to the Department of Agriculture and Rural Development.

Within fifteen days from the date of receipt of the documents from relevant departments, sectors, and localities, the Department of Agriculture and Rural Development is responsible for completing the review.

In case the review results meet the conditions, within twenty days, the Department of Agriculture and Rural Development submits to the Chairman of the Provincial People's Committee for approval of the adjustment of the functional zones of special-use forests.

In case the review results do not meet the conditions, the Department of Agriculture and Rural Development sends a written notice to the forest owner informing them and specifying the reasons."

5. Add Clause 5 after Clause 4 of Article 12 as follows:

"5. Exploitation for utilization in cases where the forest area is used to construct infrastructure projects serving the protection and development of forests or to construct temporary works serving the construction of power grid projects as prescribed.

a) Object:

Timber products on the forest area used to construct infrastructure projects serving the protection and development of forests or to construct temporary works serving the construction of power grid projects as prescribed.

b) Conditions:

For exploitation for utilization on the forest area used to construct infrastructure projects serving the protection and development of forests, there must be a decision approving the project or work by the competent state authority.

For exploitation for utilization on the forest area temporarily used to construct temporary works serving the construction of power grid projects, there must be a decision approving the temporary use of the forest by the competent authority."

6. Amend and supplement Article 14 as follows:

"Article 14. Procedures and processes for establishing, reviewing, approving, and implementing eco-tourism, resort, and entertainment programs in special-use forests

1. The forest owner establishes an eco-tourism, resort, and entertainment program in accordance with the sustainable forest management plan approved by the competent state authority. The main contents of the program include:

a) Preliminary assessment of the current status of the forest, the feasibility of implementation, and various eco-tourism, resort, and entertainment products and services;

b) Preliminary explanation of the development plan for eco-tourism, resort, and entertainment routes and locations including: location, area, current status, purpose, time, and proposed methods of implementation;

c) Location, site, scale, materials, height, density, expected ratio, and duration of existence of facilities serving eco-tourism, resort, and entertainment depending on the current status of the forest in each area, ensuring the function of the forest and complying with the principles stipulated in Article 15 of this Decree;

d) The solutions to implement the project include: capital and investment resource solutions; solutions for forest protection, development, nature conservation, biodiversity, and environmental protection; fire prevention and firefighting; methods of organizing eco-tourism, resort, and entertainment activities; rental prices for forest environment according to Clause 6 of this Article;

đ) Organizing supervision of eco-tourism, resort, and entertainment activities;

e) A current status map of the special-use forest at a scale of 1/10,000 or 1/25,000 based on the VN2000 reference system;

g) A general layout plan of eco-tourism, resort, and entertainment routes and points, organization of architectural space and tourism infrastructure of the special-use forest at a scale of 1/10,000 or 1/25,000: determining construction land use indicators, building height for each route and point; location and scale of underground structures; other requirements ensuring sustainable forest exploitation and management (if applicable);

h) A map at a scale of 1/10,000 or 1/25,000 based on the VN2000 reference system and a description of technical infrastructure orientation: proposed connection areas and traffic network; overhead cable including cable lines, stations, and supports; connection systems and capabilities for power supply, water supply, drainage, communication, fire prevention, and firefighting;

2. The budget for preparing the eco-tourism, resort, and entertainment project shall be balanced within the annual financial plan from the revenue of forest environmental services of the forest owner or from other lawful financial sources as prescribed by law;

3. The dossier of the eco-tourism, resort, and entertainment project includes:

a) The proposal of the forest owner (original);

b) The eco-tourism, resort, and entertainment project as stipulated in Clause 1 of this Article (original);

4. The procedure for reviewing and approving the eco-tourism, resort, and entertainment project

a) The forest owner directly sends or through postal service or electronic environment one set of dossier as prescribed in Clause 3 of this Article to the Department of Agriculture and Rural Development for special-use forests under local management or the Forest Management Department for special-use forests under the Ministry of Agriculture and Rural Development management;

In case the dossier is not valid, within three working days from the date of receipt of the dossier, the receiving agency will send a letter to the forest owner to complete it and specify the reasons;

b) Within five days from the date of receipt of a valid dossier, the agency receiving the dossier as prescribed in point a of this clause organizes to obtain written opinions of relevant agencies, organizations, and individuals regarding the dossier and the content of the eco-tourism, resort, and entertainment project as prescribed in Clauses 3 and 5 of this Article;

c) Within fifteen days from the date of receipt of the opinion solicitation letter, agencies, organizations, and individuals with written opinions send them to the dossier receiving agency as prescribed in point a of this clause;

d) Within fifteen days from the date of receipt of the written review opinions of agencies, organizations, and individuals, the dossier receiving agency as prescribed in point a of this clause is responsible for completing the review;

đ) Within ten days from the date of receipt of the complete dossier submitted by the dossier receiving agency as prescribed in point a of this clause, the Chairman of the Provincial People's Committee (for special-use forests under local management) or the Ministry of Agriculture and Rural Development (for special-use forests under the Ministry of Agriculture and Rural Development management) decides to approve the eco-tourism, resort, and entertainment project;

The decision to approve the eco-tourism, resort, and entertainment project of the special-use forest serves as the basis for the competent authority to accept the dossier and organize the review of the environmental impact assessment report according to the request of the eco-tourism, resort, and entertainment project proponent for projects required to prepare an environmental impact assessment report as prescribed by environmental protection laws;

e) The decision to approve the eco-tourism, resort, and entertainment project must include the following main contents:

Total area for implementing eco-tourism, resort, and entertainment activities;

Routes and locations for organizing eco-tourism, resort, and entertainment activities including: location, area, current status, purpose, time, and planned method of implementation;

Location, size, materials, height, density, expected ratio, and duration of existence of facilities serving eco-tourism, resort, and entertainment activities;

Solutions to implement the project including: capital and investment resource solutions; solutions for forest protection, development, nature conservation, biodiversity, and environmental protection; fire prevention and firefighting; methods of organizing eco-tourism, resort, and entertainment activities; rental prices for forest environment according to Clause 6 of this Article;

Responsibility for organizing supervision of eco-tourism, resort, and entertainment activities;

g) The agency deciding to approve the eco-tourism, resort, and entertainment project is the competent authority to approve adjustments to the eco-tourism, resort, and entertainment project. The content, budget, dossier, procedures, and formalities for adjusting the eco-tourism, resort, and entertainment project shall be implemented according to the provisions of Clauses 1, 2, 3, 4, and 5 of this Article;

5. The main contents of the review of the eco-tourism, resort, and entertainment project include:

a) Current forest status, feasibility of implementation, and types of tourism products and services;

b) Location, size, materials, height, density, expected ratio, and duration of existence of facilities serving eco-tourism, resort, and entertainment activities depending on the current status of each forest area, ensuring the function of the forest and complying with the principles prescribed in Article 15 of this Decree;

c) Time and method of implementation;

d) Capital and investment resource solutions, forest protection, development, nature conservation, biodiversity, and environmental protection solutions; fire prevention and firefighting solutions; methods of organizing eco-tourism, resort, and entertainment activities; rental prices for forest environment according to Clause 6 of this Article;

đ) Compliance with the requirements for sustainable forest management of construction land use standards, building height for each route and point; location and scale of underground facilities; feasibility of the proposed connection area and transportation network; overhead cable including cable routes, stations, and support structures; system connection and capacity for power supply, water supply, drainage, communication, fire prevention, and firefighting.

e) Organization of supervision for eco-tourism, resort, and entertainment activities.

g) Other contents as prescribed in points e, g, and h of Clause 1 of this Article.

6. Leasing the forest environment for operating eco-tourism, resort, and entertainment services.

a) The forest owner may lease the special-use forest environment to organizations or individuals through a forest environment leasing contract for operating eco-tourism, resort, and entertainment services. The leasing of the forest environment must be publicly announced for at least thirty days through methods such as posting at the workplace; publishing on the electronic information website of the unit (if available); and publishing on the portal or electronic information website of the competent authority directly above the forest owner.

b) Public announcement regarding the selection of organizations or individuals to lease the forest environment for operating eco-tourism, resort, and entertainment services shall include the following main contents:

General information about the forest owner;

Location, area, site for leasing the forest environment, and the planned method of organizing eco-tourism, resort, and entertainment services;

Summary of the approved eco-tourism, resort, and entertainment project by the competent state agency;

Technical dossier for selecting organizations or individuals to lease the forest environment as stipulated in point c of this clause;

Time and address for submitting registration files.

c) The forest owner organizes the preparation of a technical dossier for selecting organizations or individuals to lease the forest environment. Before public announcement, the technical dossier must be approved by the forest owner and includes the following basic criteria:

Requirements for the capability and experience of organizations or individuals in eco-tourism, resort, and entertainment activities;

Business operation plan consistent with the approved eco-tourism, resort, and entertainment project of the special-use forest;

Financial investment plan; projected revenue and rental fee plan for the forest environment;

Plan for handling assets after the expiration of the contract period;

Commitment to the implementation time of the project, exploitation time, and revenue generation time;

Priority given to organizations or individuals who have been contracted to protect the forest and have been evaluated as performing well in forest protection and development, nature conservation, and biodiversity preservation;

Professional conditions for sustainable forest management and other criteria determined by the forest owner that do not contravene legal regulations.

The criteria of the technical dossier are converted into points as the basis for evaluation and selection, with the minimum qualifying score specified for each criterion; the total score of all evaluation criteria in the technical dossier is 100, where the minimum total qualifying score is also specified; organizations or individuals qualify when they meet the minimum score of all criteria and the minimum total qualifying score.

d) Organizations or individuals wishing to lease the forest environment for operating eco-tourism, resort, and entertainment services prepare registration files according to the requirements of the forest owner as stipulated in point b of this clause and submit them to the forest owner.

đ) Based on the registration files of organizations or individuals, the forest owner conducts an assessment to select organizations or individuals to lease the forest environment in accordance with the technical dossier criteria and bears responsibility for their selection. In cases where only one organization or individual meets the criteria, the forest owner negotiates and signs a forest environment leasing contract, ensuring that the rental fee does not fall below 1% of the total revenue realized within the year, within the leased area. If two or more organizations or individuals meet the criteria, the forest owner selects the organization or individual with the highest evaluation score; among which, price is a criterion in the technical dossier, ensuring it does not fall below 1% of the total revenue realized within the year, within the leased area.

e) After selecting organizations or individuals to lease the forest environment, the forest owner reports the results to the direct supervisory authority for guidance, monitoring, and supervision.

g) The rental fee for the forest environment in the registration file of organizations or individuals is calculated as a percentage of total revenue and must be converted into absolute value for the forest owner's evaluation, clearly stated in the forest environment leasing contract.

In cases where, after signing the contract, the actual percentage of total revenue converted into absolute value is lower than the absolute value recorded in the signed contract, the minimum amount paid by the organization or individual leasing the forest environment to the forest owner shall be equal to the amount recorded in the contract.

Organizations or individuals leasing the forest environment for operating eco-tourism, resort, and entertainment services in special-use forests are exempt from paying forest environmental service fees for the leased area as prescribed in this Decree.

h) The lease term for the forest environment shall not exceed thirty years, with periodic evaluations every five years of contract performance; if the lessee fulfills the contract and requests an extension, the forest owner may consider extending the lease term up to two-thirds of the initial lease period.

i) Prior to signing the forest environment leasing contract based on the model attached as Appendix IA to this Decree, the forest owner must conduct an inventory and statistical analysis of the current forest status within the leased area to serve as the basis for boundary handover, current status, and management, supervision, and evaluation of contract performance.

7. Eco-tourism, resort, and entertainment projects in special-use forests

a) The forest owner or the organization or individual that has been selected and signed a contract for renting the forest environment shall establish a feasibility study report for the ecotourism, resort, and entertainment project to ensure compliance with: the national forestry planning or provincial planning approved by the competent state agency; the sustainable forest management plan and the ecotourism, resort, and entertainment proposal approved by the competent state agency.

b) For ecotourism, resort, and entertainment projects that include construction components, the establishment, review, approval, and management of works during the project preparation phase, implementation phase, and completion phase must comply with the laws on construction. The contents stipulated in point a of this clause serve as the basis for the competent state agency to review the feasibility study report to assess the compatibility of the basic design with the planning and the compatibility of the project with the investment policy as prescribed in points b and c of Clause 2, Article 58 of the Construction Law 2014 (amended in 2020).

For projects without construction components, the establishment, review, approval, and management of the project shall be carried out in accordance with the laws on public investment, investment, and other relevant laws.

The forest owner is responsible for guiding, inspecting, and supervising organizations or individuals renting the forest environment or cooperating and associating in the development and implementation of the ecotourism, resort, and entertainment project in accordance with the provisions of the law. After 24 months from the date of signing the cooperation, association, or forest environment rental contract, if the organization or individual does not implement the project, the forest owner may consider terminating the contract, except in cases of natural disasters, epidemics, objective obstacles in the process of legal procedures, and other force majeure events agreed upon by both parties.

d) Project establishment costs for ecotourism, resort, and entertainment projects

For self-organized methods, the project establishment costs are balanced within the annual financial plan, from the revenue of forest environmental services of the forest owner or from other lawful financial sources as prescribed by law;

For cooperative and associated methods, the project establishment costs are agreed upon by all parties;

For rental methods of the forest environment, the project establishment costs are guaranteed by the organization or individual renting the forest environment.

8. The forest owner, which is a community, is entitled to organize ecotourism activities, sightseeing, learning, and scientific research in accordance with the sustainable forest management plan approved by the competent state agency.

7. Amend and supplement Article 15 as follows:

Article 15. Management of construction works serving ecotourism, resort, and entertainment in special-use forests

1. Construction works serving ecotourism, resort, and entertainment in special-use forests are commercial and service works as prescribed by the law on construction, must be consistent with the ecotourism, resort, and entertainment proposal approved by the competent authority as stipulated in Article 14 of this Decree and must comply with the following principles:

a) Not having a negative impact on the conservation objectives of nature and biodiversity, not cutting down forests; construction works must be integrated with nature, harmonious with the natural landscape, encouraging the use of environmentally friendly materials;

b) Not infringing on the State's ownership rights over forests, surface and underground natural resources;

c) Not affecting national defense, security, scenic spots, and historical-cultural relics;

d) The project proponent is responsible for protecting, conserving, and developing forest resources within the area where ecotourism, resort, and entertainment activities are organized; they are subject to guidance, inspection, and supervision by the forest owner.

2. In strictly protected zones, patrol routes for forest protection can be established, combined with organizing ecotourism and environmental education, utilizing existing trails, constructing cable support towers above ground, underground cables, landscape observation stations, shelters, pedestrian bridges, and forest protection signs combined with ecotourism.

3. In ecological restoration zones

a) Suitable road systems can be established but must not exceed the scale of mountainous Class IV motor vehicle roads, landscape observation stations, shelters, directional signs, constructing cable support towers above ground, underground cables, pedestrian bridges;

b) Structures for accommodation and lodging using prefabricated materials that are easy to dismantle can be built on water surfaces, grasslands, or open areas under tree canopies, ensuring no adverse effects on the growth, development, and natural recovery of trees, and harmonizing with the natural landscape;

c) The scale, materials, height, duration of existence, density, and proportion of structures must be determined in the ecotourism, resort, and entertainment proposal approved by the competent state agency according to Article 14 of this Decree, but the total area of structures must not exceed 2% of the area specified in the cooperation, association, or forest environment rental contract in this zone;

If the total construction area for ecotourism, resort, and entertainment facilities exceeds the limit set forth in this point, the People's Committee of the province shall submit a written request to the Ministry of Agriculture and Rural Development for reporting to the Prime Minister for consideration and approval based on actual conditions and the specific nature and scale of the project.

4. In the service and administrative zones of national parks, nature reserves, species and habitat conservation areas; scenic protection areas; scientific research and experimental forest areas

a) Construction works for ecotourism, resort, and entertainment can be established on grasslands, areas with shrubs, or open spaces under tree canopies;

b) Structures for accommodation and lodging using prefabricated materials that are easy to dismantle can be constructed under the forest canopy, floating on water surfaces, ensuring no adverse effects on the growth, development, and natural recovery of trees, and harmonizing with the natural landscape;

c) The scale, materials, height, duration of existence, density, and ratio of works determined in the ecotourism, resort, and entertainment project proposal shall be reviewed and approved by the competent state agency in accordance with Article 14 of this Decree, but the total area of the works must not exceed 5% of the area under the cooperation, joint venture, or lease agreement for the forest environment.

If the total construction area for ecotourism, resort, and entertainment facilities exceeds the limit set forth in this point, the People's Committee of the province shall submit a written request to the Ministry of Agriculture and Rural Development for reporting to the Prime Minister for consideration and approval based on actual conditions and the specific nature and scale of the project.

5. Issuance of construction permits and management of construction order for works serving ecotourism, resorts, and entertainment within the ecotourism, resort, and entertainment project shall be carried out in accordance with the laws on construction and the provisions of this Decree.

National forestry planning or provincial planning approved by the competent state agency; sustainable forest management plans and ecotourism, resort, and entertainment project proposals approved by the competent state agency shall serve as the basis for the competent state agency to assess compliance with the construction plan as stipulated in Clause 1 of Article 91 or the location and overall layout of the project already approved in writing by the competent state agency as stipulated in Clause 1 of Article 92 of the Construction Law 2014 (amended in 2020).

For ecotourism, resort, and entertainment projects implemented through leasing of the forest environment, one of the legal land documents in the application dossier for construction permit of the project proponent shall be the lease agreement for the forest environment between the forest owner and the organization or individual, in accordance with the Government's regulations on legal land documents for issuing construction permits, including: legal land documents of the forest owner and the lease agreement for the forest environment between the forest owner and the organization or individual.

8. Supplement Clause 6 and Clause 7 following Clause 5 of Article 17 as follows:

“6. Adjustment to increase the area of protective forests from the conversion of special-use forests or production forests or forests outside the national forestry planning shall be carried out in accordance with Clauses 1, 2, 3, 4, and 5 of this Article for the additional area adjusted in the protective forest.

7. Adjustment to decrease the area of protective forests from the conversion of production forests or special-use forests or change of forest land use purpose to another purpose shall be carried out when converting the forest type or changing the forest land use purpose to another purpose in accordance with Articles 39, 40, and 42 of this Decree.

After the competent authority decides on the conversion of forest type or change of forest land use purpose to another purpose in conjunction with the change of land use purpose, the forest owner shall update the forest management records of the forest owner.

9. Amend and supplement Point c Clause 2, Point c Clause 3, Clause 4, and supplement Clause 5 of Article 20 as follows:

“c) A Level 3 budget unit is a Bureau-level unit or equivalent directly under the Ministry of Public Security shall appoint a department-level leader responsible for financial and accounting functions to appoint an accounting manager; for a Level 3 budget unit that is a department-level unit or equivalent, if the organizational structure includes a team-level unit directly subordinate with at least 20 officers performing financial, accounting, logistics, or political-logistics functions, then a team-level commander should be appointed to appoint an accounting manager.”

“c) The harvesting method is decided by the forest owner; for bamboo and rattan forests, selective harvesting shall not exceed 30% of the volume on the harvested area and should be evenly distributed in the plot; for endangered, precious, and rare species, it shall be carried out in accordance with the Government’s regulations on managing endangered, precious, and rare species and implementing the Convention on International Trade in Endangered Wild Fauna and Flora.”

b) Amend and supplement Point c of Clause 3 as follows:"

“c) Harvesting Method

Selective thinning of main tree crops shall be carried out in accordance with the Minister of Agriculture and Rural Development’s regulations on silvicultural measures. Selective harvesting of main tree crops shall not exceed 20% of the volume in the plot each time, ensuring a minimum canopy cover of 0.6 and even distribution in the plot; for mangrove and brackish water forests, the density of main tree crops left after selective harvesting shall be at least 1,500 trees/hectare and evenly distributed in the plot. Clear-cutting shall be done in strips with a strip width not exceeding 30 meters; clear-cutting in patches with a patch size not exceeding 3 hectares, and the total annual clear-cut area shall not exceed 20% of the total area of the forest that has reached the protection standard in the forest area.”

c) Amend and supplement Clause 4 as follows:

“4. Utilization of natural forest wood and planted forest wood

a) Object: Trees on the forest area where the competent authority has decided to convert the forest land use purpose to another purpose in accordance with the regulations; trees that need to be felled when implementing silvicultural measures, for training purposes, and scientific research tasks; trees on the area of cleared planted forests; trees on the area of forests used for constructing infrastructure works serving forest protection and development and temporary forest areas used for construction works serving power grid projects.

b) Conditions: There must be a decision by the competent authority allowing the conversion of forest land use purpose to another purpose; decisions approving silvicultural projects, programs, and research topics; decisions approving infrastructure construction projects serving forest protection and development; decisions approving temporary use of forests for construction works serving power grid projects by the competent state agency.”

d) Supplement Clause 5 following Clause 4 as follows:

“5. Utilization of natural forest wood and planted forest wood

a) Object: Trees that have fallen, died naturally, or due to disasters; trees that have been burned, dried, and left in the forest.

b) Conditions: The forest owner shall prepare a utilization plan in accordance with the regulations of the Minister of Agriculture and Rural Development.”

10. Amend and supplement Article 23 as follows:

“Article 23. Procedures for drafting, reviewing, approving, and implementing ecotourism, resort, and entertainment project proposals in protective forests

1. The forest owner establishes an eco-tourism, resort, and entertainment program in accordance with the sustainable forest management plan approved by the competent state authority. The main contents of the program include:

a) Preliminary assessment of the current status of the forest, the feasibility of implementation, and various eco-tourism, resort, and entertainment products and services;

b) Preliminary explanation of the development plan for eco-tourism, resort, and entertainment routes and locations including: location, area, current status, purpose, time, and proposed methods of implementation;

c) The location, scale, materials, height, density, ratio, and duration of existence of works serving ecotourism, resorts, and entertainment depend on the current status of the forest in each area, ensuring the function of the forest area and complying with the principles stipulated in Article 24 of this Decree;

d) The solutions to implement the project include: capital and investment resource solutions; solutions for forest protection, development, nature conservation, biodiversity, and environmental protection; fire prevention and firefighting; methods of organizing eco-tourism, resort, and entertainment activities; rental prices for forest environment according to Clause 6 of this Article;

đ) Organizing supervision of eco-tourism, resort, and entertainment activities;

e) A map showing the current status of the protective forest at a scale of 1/10,000 or 1/25,000 based on the VN2000 reference system;

g) A general layout plan of the ecological tourism, resort, entertainment routes and points, architectural space organization, and tourism infrastructure of the protective forest at a scale of 1/10,000 or 1/25,000: determining land use standards, building height for each route and point; location and scale of underground facilities; other requirements to ensure sustainable forest exploitation and management (if applicable).

h) A map at a scale of 1/10,000 or 1/25,000 based on the VN2000 reference system and a description of technical infrastructure orientation: proposed connection areas and traffic network; overhead cable including cable lines, stations, and supports; connection systems and capabilities for power supply, water supply, drainage, communication, fire prevention, and firefighting;

2. The budget for preparing the eco-tourism, resort, and entertainment project shall be balanced within the annual financial plan from the revenue of forest environmental services of the forest owner or from other lawful financial sources as prescribed by law;

3. The dossier of the eco-tourism, resort, and entertainment project includes:

a) The proposal of the forest owner (original);

b) The eco-tourism, resort, and entertainment project as stipulated in Clause 1 of this Article (original);

4. The procedure for reviewing and approving the eco-tourism, resort, and entertainment project

a) The forest owner shall directly submit or through postal service or electronic environment one set of documents specified in Clause 3 of this Article to the Department of Agriculture and Rural Development for the protective forest under local management or the Forest Administration for the protective forest under the Ministry of Agriculture and Rural Development management.

In case the dossier is not valid, within three working days from the date of receipt of the dossier, the receiving agency will send a letter to the forest owner to complete it and specify the reasons;

b) Within five days from the date of receipt of a valid dossier, the agency receiving the dossier as prescribed in point a of this clause organizes to obtain written opinions of relevant agencies, organizations, and individuals regarding the dossier and the content of the eco-tourism, resort, and entertainment project as prescribed in Clauses 3 and 5 of this Article;

c) Within fifteen days from the date of receipt of the opinion solicitation letter, agencies, organizations, and individuals with written opinions send them to the dossier receiving agency as prescribed in point a of this clause;

d) Within fifteen days from the date of receipt of the written review opinions of agencies, organizations, and individuals, the dossier receiving agency as prescribed in point a of this clause is responsible for completing the review;

d) Within ten days from the date of receiving complete files submitted by the agency receiving files as stipulated in point a of this clause, the Chairman of the Provincial People's Committee (for the protective forest under local management) or the Ministry of Agriculture and Rural Development (for the protective forest under the Ministry of Agriculture and Rural Development management) shall decide to approve the ecological tourism, resort, entertainment project.

The approval decision on the ecological tourism, resort, entertainment project of the protective forest serves as the basis for the competent authority to accept the file and organize the assessment of the environmental impact report according to the proposal of the ecological tourism, resort, entertainment project proponent who must prepare an environmental impact report in accordance with the laws on environmental protection.

e) The decision to approve the eco-tourism, resort, and entertainment project must include the following main contents:

Total area for implementing eco-tourism, resort, and entertainment activities;

Routes and locations for organizing eco-tourism, resort, and entertainment activities including: location, area, current status, purpose, time, and planned method of implementation;

Location, size, materials, height, density, expected ratio, and duration of existence of facilities serving eco-tourism, resort, and entertainment activities;

Solutions to implement the project including: capital and investment resource solutions; solutions for forest protection, development, nature conservation, biodiversity, and environmental protection; fire prevention and firefighting; methods of organizing eco-tourism, resort, and entertainment activities; rental prices for forest environment according to Clause 6 of this Article;

Responsibility for organizing supervision of eco-tourism, resort, and entertainment activities;

g) The agency deciding to approve the eco-tourism, resort, and entertainment project is the competent authority to approve adjustments to the eco-tourism, resort, and entertainment project. The content, budget, dossier, procedures, and formalities for adjusting the eco-tourism, resort, and entertainment project shall be implemented according to the provisions of Clauses 1, 2, 3, 4, and 5 of this Article;

5. Main contents of the assessment of the ecological tourism, resort, entertainment project include:

a) Current forest status, feasibility of implementation, and types of tourism products and services;

b) Location, site, scale, materials, height, density, expected ratio, and duration of construction works serving ecological tourism, resort, entertainment depending on the current status of the forest in each area, ensuring the function of the forest and complying with the principles prescribed in Article 24 of this Decree;

c) Time and method of implementation;

d) Capital and investment resource solutions, forest protection, development, nature conservation, biodiversity, and environmental protection solutions; fire prevention and firefighting solutions; methods of organizing eco-tourism, resort, and entertainment activities; rental prices for forest environment according to Clause 6 of this Article;

đ) Compliance with the requirements for sustainable forest management of construction land use standards, building height for each route and point; location and scale of underground facilities; feasibility of the proposed connection area and transportation network; overhead cable including cable routes, stations, and support structures; system connection and capacity for power supply, water supply, drainage, communication, fire prevention, and firefighting.

e) Organization of supervision for eco-tourism, resort, and entertainment activities.

g) Other contents as prescribed in points e, g, and h of Clause 1 of this Article.

6. Leasing the forest environment for operating eco-tourism, resort, and entertainment services.

a) The forest owner may lease the forest environment to organizations or individuals through a forest environment leasing contract to operate ecological tourism, resort, entertainment services. The leasing of the forest environment must be publicly announced widely for a minimum period of thirty days, through the following forms: posting at the office premises; publishing on the unit’s website (if available); publishing on the portal or website of the superior competent authority of the forest owner.

b) Public announcement regarding the selection of organizations or individuals to lease the forest environment to operate ecological tourism, resort, entertainment services, including the following main contents:

General information about the forest owner;

Location, area, site for leasing the forest environment, and the planned method of organizing eco-tourism, resort, and entertainment services;

Summary of the approved ecological tourism, resort, entertainment project;

Technical dossier for selecting organizations or individuals to lease the forest environment as stipulated in point c of this clause;

Time and address for submitting registration files.

c) The forest owner organizes the preparation of a technical dossier for selecting organizations or individuals to lease the forest environment. Before public announcement, the technical dossier must be approved by the forest owner and includes the following basic criteria:

Requirements for the capability and experience of organizations or individuals in eco-tourism, resort, and entertainment activities;

Business organization plan consistent with the approved ecological tourism, resort, entertainment project of the protective forest;

Financial investment plan; projected revenue and rental fee plan for the forest environment;

Plan for handling assets after the expiration of the contract period;

Commitment to the implementation time of the project, exploitation time, and revenue generation time;

Priority given to organizations or individuals who have been contracted to protect the forest and have been evaluated as performing well in forest protection and development, nature conservation, and biodiversity preservation;

Professional conditions for sustainable forest management and other criteria determined by the forest owner that do not contravene legal regulations.

The criteria of the technical dossier are converted into points as the basis for evaluation and selection, with the minimum qualifying score specified for each criterion; the total score of all evaluation criteria in the technical dossier is 100, where the minimum total qualifying score is also specified; organizations or individuals qualify when they meet the minimum score of all criteria and the minimum total qualifying score.

d) Organizations or individuals wishing to lease the forest environment for operating eco-tourism, resort, and entertainment services prepare registration files according to the requirements of the forest owner as stipulated in point b of this clause and submit them to the forest owner.

d) Based on the registration file of organizations or individuals, the forest owner organizes an evaluation to select organizations or individuals to lease the forest environment in accordance with the technical file criteria and bears responsibility for their selection. In case only one organization or individual meets the conditions, the forest owner negotiates and signs a forest environment leasing contract, ensuring that the leasing fee does not fall below 1% of the total revenue realized within the year, within the leased forest environment area. In case two or more organizations or individuals meet the conditions, the one with the highest score in the evaluation of the technical file will be selected; among which, price is a criterion in the technical file, ensuring it does not fall below 1% of the total revenue realized within the year, within the leased forest environment area.

e) After selecting organizations or individuals to lease the forest environment, the forest owner reports the results to the direct supervisory authority for guidance, monitoring, and supervision.

g) The rental fee for the forest environment in the registration file of organizations or individuals is calculated as a percentage of total revenue and must be converted into absolute value for the forest owner's evaluation, clearly stated in the forest environment leasing contract.

In cases where, after signing the contract, the actual percentage of total revenue converted into absolute value is lower than the absolute value recorded in the signed contract, the minimum amount paid by the organization or individual leasing the forest environment to the forest owner shall be equal to the amount recorded in the contract.

Organizations or individuals leasing the forest environment to operate ecological tourism, resort, entertainment services in the protective forest are exempted from paying forest environmental service fees for the leased forest environment area as prescribed in this Decree.

h) The lease term for the forest environment shall not exceed thirty years, with periodic evaluations every five years of contract performance; if the lessee fulfills the contract and requests an extension, the forest owner may consider extending the lease term up to two-thirds of the initial lease period.

i) Prior to signing the forest environment leasing contract based on the model attached as Appendix IA to this Decree, the forest owner must conduct an inventory and statistical analysis of the current forest status within the leased area to serve as the basis for boundary handover, current status, and management, supervision, and evaluation of contract performance.

7. Ecological tourism, resort, entertainment project in the protective forest

a) The forest owner or the organization or individual that has been selected and signed a contract for renting the forest environment shall establish a feasibility study report for the ecotourism, resort, and entertainment project to ensure compliance with: the national forestry planning or provincial planning approved by the competent state agency; the sustainable forest management plan and the ecotourism, resort, and entertainment proposal approved by the competent state agency.

b) For ecotourism, resort, and entertainment projects that include construction components, the establishment, review, approval, and management of works during the project preparation phase, implementation phase, and completion phase must comply with the laws on construction. The contents stipulated in point a of this clause serve as the basis for the competent state agency to review the feasibility study report to assess the compatibility of the basic design with the planning and the compatibility of the project with the investment policy as prescribed in points b and c of Clause 2, Article 58 of the Construction Law 2014 (amended in 2020).

For projects without construction components, the establishment, review, approval, and management of the project shall be carried out in accordance with the laws on public investment, investment, and other relevant laws.

The forest owner is responsible for guiding, inspecting, and supervising organizations or individuals renting the forest environment or cooperating and associating in the development and implementation of the ecotourism, resort, and entertainment project in accordance with the provisions of the law. After 24 months from the date of signing the cooperation, association, or forest environment rental contract, if the organization or individual does not implement the project, the forest owner may consider terminating the contract, except in cases of natural disasters, epidemics, objective obstacles in the process of legal procedures, and other force majeure events agreed upon by both parties.

d) Project establishment costs for ecotourism, resort, and entertainment projects

For self-organized methods, the project establishment costs are balanced within the annual financial plan, from the revenue of forest environmental services of the forest owner or from other lawful financial sources as prescribed by law;

For cooperative and associated methods, the project establishment costs are agreed upon by all parties;

For rental methods of the forest environment, the project establishment costs are guaranteed by the organization or individual renting the forest environment.

8. The forest owner, being a community, household, or individual, may independently organize ecological tourism activities, sightseeing, study, and scientific research in accordance with the sustainable forest management plan approved by the competent state agency.

11. Amend and supplement Article 24 as follows:

"Article 24. Management of construction of works serving ecological tourism, resort, entertainment in the protective forest

1. Construction works serving ecological tourism, resort, entertainment in the protective forest are commercial and service works as prescribed by the laws on construction, must be consistent with the approved ecological tourism, resort, entertainment project according to the provisions of Article 23 of this Decree, including:

a) Construction works can be built on grasslands, shrub lands, or vacant lands calculated based on the canopy cover of trees;

b) Structures for accommodation and lodging using prefabricated materials that are easy to dismantle can be constructed under the forest canopy, floating on water surfaces, ensuring no adverse effects on the growth, development, and natural recovery of trees, and harmonizing with the natural landscape;

c) Scale, materials, height, duration of existence, and density and ratio of construction works are determined in the approved ecological tourism, resort, entertainment project assessed and approved by the competent state agency according to the provisions of Article 23 of this Decree but the total area of construction works shall not exceed 5% of the area in the cooperation, linkage, or forest environment leasing contract.

If the total construction area for ecotourism, resort, and entertainment facilities exceeds the limit set forth in this point, the People's Committee of the province shall submit a written request to the Ministry of Agriculture and Rural Development for reporting to the Prime Minister for consideration and approval based on actual conditions and the specific nature and scale of the project.

2. Construction of works serving ecological tourism, resort, entertainment activities must comply with the following principles:

a) Not adversely affecting the protective objectives, landscape, and environmental protection; nature conservation, biodiversity preservation, no deforestation; construction works must rely on nature, harmonize with natural landscapes, encourage the use of environmentally friendly materials;

b) Not infringing on the State's ownership rights over forests, surface and underground natural resources;

c) Not affecting national defense, security, scenic spots, and historical-cultural relics;

d) The project proponent is responsible for protecting, conserving, and developing forest resources within the area where ecotourism, resort, and entertainment activities are organized; they are subject to guidance, inspection, and supervision by the forest owner.

3. Issuance of construction permits and management of construction order of works serving ecological tourism, resort, entertainment projects shall be carried out in accordance with the laws on construction and the provisions of this Decree.

National forestry planning or provincial planning approved by the competent state agency; sustainable forest management plans and ecotourism, resort, and entertainment project proposals approved by the competent state agency shall serve as the basis for the competent state agency to assess compliance with the construction plan as stipulated in Clause 1 of Article 91 or the location and overall layout of the project already approved in writing by the competent state agency as stipulated in Clause 1 of Article 92 of the Construction Law 2014 (amended in 2020).

For ecotourism, resort, and entertainment projects implemented through leasing of the forest environment, one of the legal land documents in the application dossier for construction permit of the project proponent shall be the lease agreement for the forest environment between the forest owner and the organization or individual, in accordance with the Government's regulations on legal land documents for issuing construction permits, including: legal land documents of the forest owner and the lease agreement for the forest environment between the forest owner and the organization or individual.

12. Amend and supplement Clause 2 of Article 25 as follows:

"2. For areas already having forests

a) The forest owner, the party receiving the lease, which can be a household, individual, or community, is permitted to intercrop agricultural crops, non-timber forest products, raise livestock, and cultivate aquatic species under the protective forest canopy without reducing the forest area, the quality of the forest, affecting the regeneration of the forest, and its protective capacity.

b) Methods for combined forestry, agriculture, and aquaculture production under the forest canopy:

For planted forests, the forest owner decides independently.

For natural forests, planting should be done in strips with a maximum strip width of 12 meters; the minimum width of un-planted strips must be twice the width of the planted strips. In cases of concentrated planting in patches, the maximum area of each patch is 3,000 square meters and must be evenly distributed; the total area of all patches within a forest plot shall not exceed one-third of the plot's area.² and ensure even distribution; the total area of all patches within a forest plot shall not exceed one-third of the plot’s area.”

13. Amend and supplement point b clause 2 Article 27 as follows:

“b) The forest owner invests on their own or cooperates, collaborates to implement projects for developing forests and organizing production on the forested land assigned or leased by the State according to the provisions of the law. For forest owners who are public service units assigned forest land by the State without payment of land use fees, during the process of cooperation and collaboration, they may not use forest land as capital contribution to implement forest development projects and organize production on the assigned forested land.”

14. Amend and supplement clause 2 Article 28 as follows:

“2. Exploitation of timber from natural forests

a) Object: trees on the forest area where the competent authority has decided to change the purpose of use to another purpose according to regulations; trees felled when implementing forest technical measures, serving training activities, and scientific research tasks; trees on the area of cleared plantations; trees on the area of forest used for constructing infrastructure works for forest protection and development and on the temporary use area for construction works serving power grid projects according to regulations.

b) Conditions: There must be a decision by the competent authority allowing the conversion of forest land use purpose to another purpose; decisions approving silvicultural projects, programs, and research topics; decisions approving infrastructure construction projects serving forest protection and development; decisions approving temporary use of forests for construction works serving power grid projects by the competent state agency.”

15. Amend and supplement clause 2 Article 29 as follows:

“2. Exploitation of timber from planted forests

a) Object: trees on the forest area where the competent authority has decided to change the purpose of use to another purpose according to regulations; trees felled when implementing forest technical measures, serving training activities, and scientific research tasks; trees on the area of cleared plantations; trees on the area of forest used for constructing infrastructure works for forest protection and development and on the temporary use area for construction works serving power grid projects according to regulations.

b) Conditions: planted forests owned by the State must have a decision from the competent authority allowing the change of the purpose of use to another purpose; decisions approving forest technical projects, programs, and scientific research topics; decisions clearing the plantation; decisions approving infrastructure projects for forest protection and development and decisions approving plans for temporary use of forests for construction works serving power grid projects by competent state agencies.”

16. Amend and supplement Article 32 as follows:

“Article 32. Ecotourism, leisure, and entertainment activities in production forests

1. The forest owner, which can be a special-use forest management board, a protective forest management board, an economic organization, a scientific and technological organization, or a vocational education and training organization managing production forests, can independently organize or cooperate, collaborate, or lease the forest environment to organizations or individuals for operating ecotourism, leisure, and entertainment services according to sustainable forest management plans approved by competent state authorities and stipulated in Articles 23 and 24 of this Decree.

2. The forest owner, which can be a household, individual, or community, can independently organize ecotourism, sightseeing, learning, and scientific research activities consistent with sustainable forest management plans approved by competent state authorities.”

17. Amend and supplement Article 35 as follows:

"Article 35. Plan for Allocation of Forests, Leasing of Forests, and Conversion of Forest Land Use Purposes

1. Development of Plans for Allocation of Forests, Leasing of Forests, and Conversion of Forest Land Use Purposes

a) Annually, the People's Committee at the district level is responsible for drafting plans for allocating forests, leasing forests, and changing the purpose of use of forests to other purposes; it must issue a notification document regarding the request for registration of needs for allocating forests, leasing forests, and changing the purpose of use of forests to other purposes, sending it to the specialized agency at the district level and the People's Committee at the commune level. The time for issuing the notification document for drafting, reviewing, and approving plans for allocating forests, leasing forests, and changing the purpose of use of forests to other purposes will be conducted simultaneously with the time for drafting, reviewing, and approving annual land use plans at the district level;

b) Within twenty days from the date of receipt of the notification document requesting registration of needs for allocating forests, leasing forests, and changing the purpose of use of forests to other purposes, the specialized agency at the district level and the People's Committee at the commune level will consolidate the needs for allocating forests, leasing forests, and projects proposing to change the purpose of use of forests to other purposes, submitting them to the People's Committee at the district level based on considering the requests for allocating forests, leasing forests, and changing the purpose of use of forests to other purposes from organizations, households, individuals, and communities; the consolidated needs for allocating forests, leasing forests, and changing the purpose of use of forests to other purposes will be compiled according to Model No. 01 in Appendix II attached to this Decree;

c) The People's Committee at the district level will base on the needs for allocating forests, leasing forests, and projects proposing to change the purpose of use of forests to other purposes from the specialized agency at the district level and the People's Committee at the commune level, consolidate the area of forests yet to be allocated, yet to be leased, determine the indicators for allocating forests, leasing forests, and projects proposing to change the purpose of use of forests to other purposes down to each administrative unit at the commune level; consolidate the needs and propose the allocation of indicators for allocating forests, leasing forests, and projects proposing to change the purpose of use of forests to other purposes at the district level down to each administrative unit at the commune level.

2. Contents of Plans for Allocation of Forests, Leasing of Forests, and Conversion of Forest Land Use Purposes

a) The area of various types of forests within the district detailed to each commune, including: total forest area; area of forests already allocated, leased; area of forests yet to be allocated, leased; results of changing the purpose of use of forests to other purposes from the beginning of the planning period to the time of plan preparation according to Model No. 02 in Appendix II attached to this Decree;

b) Plan for allocating forests, leasing forests within the district detailed to each commune, specifying small forest zones, compartments, plots, forest area, type of forest, area of allocated forest, area of leased forest according to Model No. 03 in Appendix II attached to this Decree;

c) A plan for changing the purpose of forest land to other purposes in each commune within the district, detailing the name of the project, the location of the project implementation, the position (sub-area, plot, lot), the area of the forest, the origin of the formation of the forest (natural forest, planted forest), and the type of forest (special-use forest, protective forest, production forest) being changed to other purposes according to Model No. 04 in Appendix II attached to this Decree;

d) The limit of allocating forests to households, individuals, and community residents consistent with the limit of allocating land;

đ) An assessment of the effectiveness of the plan for allocating forests, leasing forests, and changing the purpose of forest land to other purposes on the economy, society, environment, national defense, and security; revenue from allocating forests, leasing forests, and changing the purpose of forest land to other purposes; job creation, labor attraction, poverty reduction; the ability to rationally exploit forest resources; conservation and development requirements of forest areas and coverage rates related to the conservation of scenic spots, ethnic cultures, and factors affecting national defense and security;

e) Determination of resources (financial, labor, technical), solutions, and progress in implementing plans for allocation of forests, leasing of forests, and conversion of forest land use purposes.

3. Approval of Plans for Allocation of Forests, Leasing of Forests, and Conversion of Forest Land Use Purposes

a) In the third quarter of each year, the People's Committee of the district shall submit the file of the plan for allocating forests, leasing forests, and changing the purpose of forest land to other purposes to the Department of Agriculture and Rural Development;

The file includes: A proposal according to Model No. 05 in Appendix II attached to this Decree; the plan for allocating forests, leasing forests, and changing the purpose of forest land to other purposes; a map of the plan for allocating forests, leasing forests, and changing the purpose of forest land to other purposes;

b) Within fifteen days from the date of receiving all the files, the Department of Agriculture and Rural Development shall organize the review of the file of the plan for allocating forests, leasing forests, and changing the purpose of forest land to other purposes at the district level and report to the People's Committee of the province for approval. The content of the proposal of the Department of Agriculture and Rural Development according to Model No. 06 in Appendix II attached to this Decree;

If the file is incomplete or inaccurate, the Department of Agriculture and Rural Development shall issue a document specifying the reasons and send it to the People's Committee of the district to complete the file within fifteen days;

c) Within five days from the date of receiving the file submitted by the Department of Agriculture and Rural Development, the People's Committee of the province shall examine and decide to approve the plan for allocating forests, leasing forests, and changing the purpose of forest land to other purposes at the district level according to Model No. 07 in Appendix II attached to this Decree;

d) The People's Committee of the province shall be responsible for approving the annual plan for allocating forests, leasing forests, and changing the purpose of forest land to other purposes at the district level before December 31 of each year;

4. The People's Committee of the district shall be responsible for publicly announcing the approved plan for allocating forests, leasing forests, and changing the purpose of forest land to other purposes at the office of the People's Committee of the district and the People's Committee of the commune where forests are allocated, leased, or changed to other purposes within thirty days from the date of approval of the plan;

5. Adjustment of the plan for allocating forests, leasing forests, and changing the purpose of forest land to other purposes;

a) The adjustment of the plan for allocating forests, leasing forests, and changing the purpose of forest land to other purposes can only be carried out due to adjustments in higher-level planning that change the structure of forest types (special-use forest, protective forest, production forest) at the district level; due to the establishment, merger, division, or adjustment of administrative boundaries of localities; due to the impact of natural disasters or environmental emergencies that change the purpose of forest land; changes in resources for implementing the plan, the formation of key projects serving national interests or public benefits that change the direction of forest use;

b) The content of the adjustment of the plan for allocating forests, leasing forests, and changing the purpose of forest land to other purposes is part of the approved plan for allocating forests, leasing forests, and changing the purpose of forest land to other purposes;

The adjustment of the plan for allocating forests, leasing forests, and changing the purpose of forest land to other purposes shall be implemented in accordance with the provisions of Clauses 1, 2, 3, and Clause 4 of this Article;

c) The People's Committee of the province shall approve the adjustment of the plan for allocating forests, leasing forests, and changing the purpose of forest land to other purposes.";

18. Amend and supplement Article 36 as follows:

“Article 36. Procedures and formalities for allocating forests and leasing forests

1. Procedures and formalities for allocating forests to households, individuals, and community residents;

a) The file includes: A request for allocating forests according to Model No. 08 (for households and individuals), Model No. 09 (for community residents) in Appendix II attached to this Decree;

b) Households, individuals, and community residents shall submit one set of files directly or through postal services or electronic environment (if available) to the People's Committee of the commune. In case of submission through the electronic environment: the file components must be declared and signed with a valid digital signature on the provided electronic forms in accordance with Clause 1 and Clause 2 of Article 9 of Decree No. 45/2020/NĐ-CP dated April 8, 2020 of the Government on implementing administrative procedures in the electronic environment;

If the file is not valid, the People's Committee of the commune shall respond in writing and specify the reasons within three working days from the date of receipt of the file;

c) Within five days from the date of receiving a valid file, the People's Committee of the commune shall transfer the request for allocating forests from households, individuals, and community residents to the Forest Protection Division of the district or the specialized agency on forestry under the People's Committee of the district in places without a Forest Protection Division (hereinafter referred to as the specialized agency on forestry of the district);

d) Within thirty days, the specialized agency on forestry of the district shall accept the file of the request for allocating forests from households, individuals, and community residents transferred by the People's Committee of the commune, and shall be responsible for: coordinating with the Department of Natural Resources and Environment to check the contents of the allocation of forests in accordance with Articles 14, 15, and 16 of the Forestry Law; coordinating with the People's Committee of the commune to organize on-site inspections of the current status of the forest area (location, boundary, disputes); preparing a proposal attached to the file to report to the People's Committee of the district for consideration and decision on allocating forests to households, individuals, and community residents;

If the conditions are not met, the specialized agency on forestry of the district shall respond in writing and specify the reasons;

đ) Within five days from the date of receiving the dossier submitted by the forestry specialized agency at the district level, the People's Committee of the district shall examine and decide to transfer the forest to households, individuals, or community groups according to Model No. 10 in Appendix II attached to this Decree. In cases where conditions for decision-making are not met, the People's Committee of the district shall reply in writing and specify the reasons.

e) Within ten days from the date of receiving the decision on transferring the forest by the People's Committee of the district, the forestry specialized agency at the district level shall cooperate with the People's Committee of the commune to organize the handover of the forest on-site to households, individuals, or community groups. The handover must clearly define the location, boundaries, area, current status, stock volume, site conditions, tree species, planting year for planted forests, the map of the transferred forest area, and establish a record with signatures of representatives of the People's Committee of the commune and adjacent forest owners according to Model No. 11 in Appendix II attached to this Decree.

2. Procedures and formalities for transferring the forest to organizations

a) The dossier includes: A request for transferring the forest according to Model No. 13 in Appendix II attached to this Decree; the investment project for the proposed forest area to be transferred (original copy).

b) The organization shall submit one set of the dossier directly or through postal services or electronic environment (if available) to the Department of Agriculture and Rural Development.

In case of submission through the electronic environment: the components of the dossier must be declared and signed with digital signature on the provided electronic forms in accordance with Clause 1 and Clause 2 of Article 9 of Decree No. 45/2020/NĐ-CP dated April 8, 2020 of the Government on implementing administrative procedures in the electronic environment.

In case the dossier is not valid, within three working days from the date of receipt of the dossier, the Department of Agriculture and Rural Development shall reply in writing and specify the reasons.

c) Within thirty days from the date of receipt of the complete and accurate dossier of the organization, the Department of Agriculture and Rural Development shall be responsible for: taking the lead and coordinating with the Department of Natural Resources and Environment to check the dossier and contents of the forest transfer in accordance with Articles 14, 15, and 16 of the Forestry Law; taking the lead and coordinating with the People's Committee of the district and the People's Committee of the commune to organize on-site inspection of the current status of the proposed forest area to be transferred; preparing a report attached to the dossier and submitting it to the People's Committee of the province for examination and decision on transferring the forest to the organization. In cases where conditions are not met, the Department of Agriculture and Rural Development shall reply in writing and specify the reasons.

d) Within five days from the date of receipt of the dossier and report submitted by the Department of Agriculture and Rural Development, the People's Committee of the province shall examine and issue a decision on transferring the forest to the organization according to Model No. 14 in Appendix II attached to this Decree. In cases where conditions are not met, the People's Committee of the province shall reply in writing and specify the reasons.

đ) Within ten days from the date of receipt of the Decision on transferring the forest by the People's Committee of the province, the Department of Agriculture and Rural Development shall notify the organization to fulfill financial obligations (if any); coordinate with the People's Committee of the district and the People's Committee of the commune to organize the handover of the forest on-site to the organization. The handover must clearly define the location, boundaries, area, current status, stock volume, site conditions, tree species, planting year for planted forests, the map of the transferred forest area, and establish a record with the participation and signatures of representatives of the People's Committee of the district, the People's Committee of the commune, and adjacent forest owners according to Model No. 15 in Appendix II attached to this Decree.

3. Procedures and formalities for leasing the forest

a) Developing the auction plan for leasing the forest: within thirty days from the date the leasing plan is approved by the competent authority, the forestry specialized agency at the district level (for cases where the lessee is a household or individual) or the Department of Agriculture and Rural Development (for cases where the lessee is an organization) shall develop the auction plan for leasing the forest to be submitted to the People's Committee of the district or province for approval according to Model No. 16 in Appendix II attached to this Decree.

b) Determining the starting price for leasing the forest: within twenty days from the date the auction plan for leasing the forest is approved, the Department of Agriculture and Rural Development shall determine the starting price for leasing the forest and submit it to the People's Committee of the province for approval in accordance with the laws on forestry and related laws.

c) Approving the starting price for leasing the forest: within ten days from the date of receipt of the report from the Department of Agriculture and Rural Development, the People's Committee of the province shall examine and approve the starting price for leasing the forest (the approved starting price for leasing the forest serves as the basis for conducting the auction for leasing the forest). In cases where approval is not granted, the People's Committee of the province shall reply in writing and specify the reasons.

d) Signing the service contract for auctioning the lease of the forest:

Within ten days from the date of approval of the starting price for leasing the forest by the People's Committee of the province, the forestry specialized agency at the district level (for cases where the lessee is a household or individual) or the Department of Agriculture and Rural Development (for cases where the lessee is an organization) shall sign a service contract for auctioning assets with the asset auction organization according to the approved plan to conduct the auction for leasing the forest. The service contract for auctioning assets must be established in writing and implemented in accordance with the Civil Code and the Auction Law.

đ) Within thirty days from the date of signing the auction contract for leasing the forest, the asset auction organization that has signed the service contract for auctioning assets shall be responsible for implementing the procedures and formalities for auctioning the lease of the forest in accordance with the laws on auctions and related laws.

e) Approving the results of the auction for leasing the forest:

Within five days from the date of receiving the auction results, the Auction Protocol, list of successful bidders, the People's Committee at the competent level shall issue a decision recognizing the auction results for leasing forest land to be sent to the forestry specialized agency at the district level (in case the lessee is a household or individual), the Department of Agriculture and Rural Development (in case the lessee is an organization), the unit organizing the auction for leasing forest land, tax authority, and the person who won the auction for leasing forest land.

g) Paying the forest lease fee after having the decision recognizing the auction results for leasing forest land:

Within thirty days from the date of the decision recognizing the auction results for leasing forest land, the organization, household, or individual winning the auction for leasing forest land shall be responsible for paying the forest lease fee into the State Treasury and transferring the payment receipt to the forestry specialized agency at the district level (in case the lessee is a household or individual), the Department of Agriculture and Rural Development (in case the lessee is an organization) for reporting to the People's Committee at the same level which decided on leasing the forest land.

h) Decision on leasing forest land:

Within ten days from the date when the organization, household, or individual winning the auction has completed their financial obligations, the People's Committee at the district level shall be responsible for reviewing and signing the decision on leasing forest land to households and individuals according to Model No. 10 Appendix II attached to this Decree; signing the forest lease contract according to Model No. 12 Appendix II attached to this Decree; directing the forestry specialized agency at the district level to organize the handover of the forest land according to the provisions of point e clause 1 of this Article. The People's Committee at the provincial level shall be responsible for reviewing and signing the decision on leasing forest land to organizations according to Model No. 14 Appendix II attached to this Decree; directing the Department of Agriculture and Rural Development to sign the forest lease contract according to Model No. 12 attached to Appendix II of this Decree, organizing the handover of the forest land according to the provisions of point d clause 2 of this Article.

In case the organization, household, or individual winning the auction fails to pay the full amount according to the auction results within the time limit stipulated in point g of this clause, the forestry specialized agency at the district level (for cases where the lessee is a household or individual) or the Department of Agriculture and Rural Development (for cases where the lessee is an organization) shall report to the People's Committee at the same level to decide on revoking the recognition of the auction results.

4. Investigation and assessment of current forest status

a) Investigating and assessing the current status of the forest and preparing a map of the current status of the forest as the basis for implementing the transfer of forest land and leasing forest land. The content of investigating and assessing the current status of the forest shall be carried out according to the provisions of point b of this clause;

b) The content of investigating and assessing the current status of the forest includes: location (including: coordinates, sub-district, plot), boundary of the forest area, administrative name of the forest area; forest area classified by: type of forest (special purpose, protective, productive), origin of forest formation (natural, planted), management authority; forest stock, tree species and planting year (for planted forests); identifying endangered, precious, and rare forest flora and fauna species (if any); constructing a survey and assessment map of the current status of the forest area;

The method of investigating and assessing the current status of the forest shall be implemented according to the regulations of the Minister of Agriculture and Rural Development.

c) The forestry specialized agency shall be responsible for inspecting and confirming the results of investigating and assessing the current status of the forest and the map of the current status of the forest for cases of transferring forest land and leasing forest land to households, individuals, and community residents. The Department of Agriculture and Rural Development shall be responsible for inspecting and confirming the results of investigating and assessing the current status of the forest and the map of the current status of the forest for cases of transferring forest land and leasing forest land to organizations.

d) Funding for investigating and assessing the current status of the forest

Funding for investigating and assessing the current status of the forest for cases of transferring forest land to households, individuals, and community residents shall be paid from the state budget and other legitimate sources according to regulations. For cases of transferring forest land and leasing forest land to organizations, the organization proposing to receive the transfer of forest land and leasing forest land shall bear the cost.

19. Amend and supplement Clause 1 of Article 39 as follows:

"1. The People's Committee at the district level shall be responsible for developing plans to change the category of forest land for areas managed by the People's Committee at the commune level where the forest land owner is a household, individual, or community. The Department of Agriculture and Rural Development shall be responsible for developing plans to change the category of forest land for areas managed by the People's Committee at the provincial level where the forest land owner is an organization, and for forest areas established by the Prime Minister under the management of the People's Committee at the provincial level. National Parks under the Ministry of Agriculture and Rural Development shall be responsible for developing plans to change the category of forest land they manage."

20. Amend and supplement Article 40 as follows:

"Article 40. Documents, procedures, and formalities for changing the category of forest land

1. Documents for requesting to change the category of forest land include: a proposal document from the agency developing the plan to change the category of forest land; a detailed explanation of the plan to change the category of forest land.

2. Procedures and formalities for changing the category of forest land for areas established by the Prime Minister

a) The organization specified in Clause 1 of Article 39 of this Decree shall be responsible for developing the plan to change the category of forest land and sending one set of documents according to Clause 1 of this Article directly or through postal services or electronic environment to the Ministry of Agriculture and Rural Development;

If the documents are not valid, the Ministry of Agriculture and Rural Development shall respond in writing within three working days from the date of receipt of the documents, stating the reasons;

b) Within thirty days from the date of receiving complete and valid documents, the Ministry of Agriculture and Rural Development shall review and submit to the Prime Minister for consideration and decision on changing the category of forest land;

c) Within twenty days from the date of receiving the submission from the Ministry of Agriculture and Rural Development, the Prime Minister shall consider and make a decision on changing the category of forest land.

3. Procedures and formalities for changing the category of forest land for areas not covered by Clause 2 of this Article

a) The agency specified in Clause 1 of Article 39 of this Decree shall be responsible for developing the plan to change the category of forest land and sending one set of documents according to Clause 1 of this Article directly or through postal services or electronic environment to the People's Committee at the provincial level;

In case the file is not valid, within three working days from the date of receipt of the file, the Provincial People's Committee shall respond in writing and specify the reasons.

Within fifteen days from the date of receiving all valid files, the Provincial People's Committee shall organize an examination and submit to the Provincial People's Council for consideration and decision on the policy of changing forest categories.

The Provincial People's Council shall consider and decide on the policy of changing forest categories in accordance with the provisions of the law.

Within fifteen days from the date of the Provincial People's Council's decision on the policy of changing forest categories, the Provincial People's Committee shall decide on the change of forest categories.

4. Based on the decision on changing forest categories made by the competent authority, the Provincial People's Committee shall update the forestry and land management files in accordance with the provisions of the forestry and land laws.

21. Amend and supplement Article 41 as follows:

"Article 41. Authority, procedure, and process for deciding on the policy to change the purpose of forest land use to another purpose

1. The authority to decide on the policy of changing the purpose of using forests to other purposes shall be implemented in accordance with the provisions of Article 20 of the Forestry Law amended and supplemented in Clause 5 of Article 248 of the Land Law 2024.

2. The file for deciding on the policy of changing the purpose of using forests to other purposes under the authority of the Provincial People's Council

a) A request document for deciding on the policy of changing the purpose of using forests to other purposes according to Model No. 17 (for organizations), Model No. 18 (for individuals) attached as Appendix II to this Decree;

b) A copy of the document approving the investment proposal or the decision on the policy of investment or the approval decision on the investment project in accordance with the laws on investment, public investment, public-private partnership investment, oil and gas, and related laws; report proposing an urgent public investment project or the approval decision on the national program or target or the decision on the policy of investment project including component projects proposed to change the purpose of using forests to other purposes in accordance with Clause 6 of Article 18 of the Public Investment Law 2019;

c) Environmental impact assessment documents of the project, which are one of the following: original preliminary environmental impact assessment document or environmental impact assessment report or a copy of the decision approving the results of the review of the environmental impact assessment report attached to the environmental impact assessment report or a copy of the environmental permit or environmental registration in accordance with the laws on environmental protection, investment, public investment, public-private partnership investment, oil and gas, or relevant laws;

d) An explanatory report on the current state of the forest and the map of the current state of the forest area proposed to change the purpose of using forests to other purposes prepared by the project proponent within six months before submitting the file. The explanatory report clearly shows information about location (sub-district, plot, lot, administrative name of the forest area), forest area according to: forest type (special-use forest, protective forest, production forest), origin (natural forest, planted forest) and is shown on the map of the current state of the forest at a scale of 1/5,000 for projects with less than 500 hectares of forest area converted to other purposes, at a scale of 1/10,000 for projects with 500 hectares or more of forest area converted to other purposes and linear projects;

đ) A commitment document to fulfill the obligation to replant forests for the area proposed to change the purpose of forest land use to another purpose.

3. Procedures and formalities for deciding on the policy of changing the purpose of using forests to other purposes under the authority of the Provincial People's Council

a) Organizations and individuals with projects requesting a decision on the policy of changing the purpose of using forests to other purposes shall directly send or through postal services or electronic environment one set of files in accordance with Clause 2 of this Article to the Department of Agriculture and Rural Development;

In case the file is not valid, within three working days from the date of receipt of the file, the Department of Agriculture and Rural Development shall respond in writing and specify the reasons to the organization or individual;

b) Within fifteen days from the date of receiving all valid files, the Department of Agriculture and Rural Development shall check and verify the explanatory report on the current state of the forest and the map of the current state of the forest area proposed to decide on the policy of changing the purpose of using forests to other purposes and organize an examination. The examination content includes: legal basis; components and contents of the file; necessity of investment in the project; location of sub-district, plot, lot, administrative name, forest area according to: origin (natural forest, planted forest), forest type (special-use forest, protective forest, production forest); stock volume for natural forests, species and stock volume for planted forests according to the explanatory report and the map of the current state of the forest; compliance with principles and bases for changing the purpose of using forests to other purposes as stipulated in Articles 14 and 15 of the Forestry Law. For projects converting natural forests to other purposes: examine whether the project meets the criteria for projects converting natural forests to other purposes as stipulated in Article 41a of this Decree;

In case the examination result does not meet the conditions, within five working days from the date of organizing the examination, the Department of Agriculture and Rural Development shall respond in writing and specify the reasons;

c) Within ten days from the date of organizing the examination and meeting the conditions, the Department of Agriculture and Rural Development shall report to the Provincial People's Committee the examination results for submission to the Provincial People's Council for consideration and decision on the policy of changing the purpose of using forests to other purposes;

d) Within ten days from the date of receiving the examination results report and files from the Department of Agriculture and Rural Development, the Provincial People's Committee shall submit to the Provincial People's Council for consideration and decision on the policy of changing the purpose of using forests to other purposes;

The file includes: the report of the Provincial People's Committee according to Model No. 19 attached as Appendix II to this Decree; the report on the examination results of the file for deciding on the policy of changing the purpose of using forests to other purposes as stipulated in point b of this clause; the file as stipulated in Clause 2 of this Article; related documents (if any).

đ) In the case where the area of forest land intended for conversion to another purpose falls under the management of forest owners which are units directly subordinate to ministries and sectors, within three working days from the date of receipt of the report on the results of the review conducted by the Department of Agriculture and Rural Development, the Chairman of the Provincial People's Committee shall issue a document seeking the unified opinion of the ministry or sector. The file for soliciting opinions includes: the request document of the provincial people's committee, the report on the results of the review conducted by the Department of Agriculture and Rural Development, and the file as prescribed in Clause 2 of this Article.

Within fifteen days from the date of receipt of the file for soliciting opinions from the provincial people's committee, the ministry or sector shall provide their opinion in writing to the provincial people's committee. In cases where there is no agreement, the reasons must be clearly stated.

Within five days from the date of receipt of the unified opinion of the ministry or sector, the provincial people's committee shall submit the matter to the Provincial People's Council for consideration and decision on the policy of converting forest land to another purpose.

The file submitted to the Provincial People's Council includes: the file as prescribed in point d of this clause and the document expressing the opinion of the ministry or sector.

e) The Provincial People's Council shall consider and decide on the proposal to change the purpose of forest land use to another purpose in accordance with the provisions of the law.

g) The Department of Agriculture and Rural Development is responsible for the validity of the file, the results of inspections and verifications of the current status report of the forest, the map of the current status of the forest area proposed for the policy of converting forest land to another purpose, the results of the review, and the content of the report to the provincial people's committee; the provincial people's committee is responsible for the content and the file proposing the decision on the policy of converting forest land to another purpose; the Provincial People's Council is responsible for approving the decision on the policy of converting forest land to another purpose, inspecting, and supervising the implementation of the policy of converting forest land to another purpose.

4. For investment projects proposing to convert forest land to another purpose within the authority to approve or decide on the investment policy of the National Assembly, the Prime Minister, according to the Investment Law, Public Investment Law, Public-Private Partnership Investment Law, Petroleum Law, the Provincial People's Council shall follow the provisions of the Public Investment Law, Public Investment Law, Public-Private Partnership Investment Law.

a) The approval document or decision on the investment policy of the project is simultaneously the policy of converting forest land to another purpose; the approval document or decision on the investment policy of the project shall include the anticipated scale of the forest area needed to be converted to another purpose to implement the project.

b) The components of the file proposing to convert forest land to another purpose as prescribed in point d of Clause 2 of Article 41 of this Decree are part of the file submitted to the competent authority for approval or decision on the investment policy of the project.

c) During the review process to approve or decide on the investment policy for projects within the authority of the National Assembly, the Prime Minister to approve or decide on the investment policy, the leading agency conducting the review shall seek the review opinion of the Ministry of Agriculture and Rural Development and the provincial people's committee where the project is expected to be implemented; for projects within the authority of the Provincial People's Council to approve or decide on the investment policy, the leading agency conducting the review shall seek the review opinion of the Department of Agriculture and Rural Development and the district people's committee where the project is expected to be implemented regarding the proposal to convert forest land to another purpose.

The content of the solicited opinion from the Ministry of Agriculture and Rural Development, the Department of Agriculture and Rural Development includes: the current status of the forest (natural forests, planted forests; special-use forests, protective forests, and production forests); criteria for projects converting natural forests to another purpose (for projects involving the conversion of natural forests); the suitability of the project with the planning as stipulated in Clause 1 of Article 14 and Clause 1 of Article 19 of the Forestry Law amended and supplemented in Clause 1 and Clause 4 of Article 248 of the Land Law 2024; confirming whether the conditions are met or not met to decide on the policy of converting forest land to another purpose.

5. For projects within the authority of the Provincial People's Council to approve or decide on the investment policy proposing to convert forest land to another purpose for areas managed by forest owners which are units directly subordinate to ministries and sectors, before submitting the project to the Provincial People's Council for approval or decision on the investment policy, the Chairman of the provincial people's committee shall issue a document seeking the unified opinion of the ministry or sector and only submit the project to the competent authority for approval or decision on the investment policy when obtaining the unified opinion of the ministry or sector on the conversion of forest land to another purpose to implement the project.

6. For forest areas that have been planned for other non-forestry purposes but have not yet been decided by the competent authority to convert forest land to another purpose, the regulations on converting forest land to another purpose corresponding to the type of forest shall be applied prior to approving the plan to transfer the forest area to another non-forestry purpose.

7. The project investor must re-execute the procedures for deciding on the policy of converting forest land to another purpose when they do not obtain the decision of the competent authority to convert forest land to another purpose within twenty-four months from the date the project was decided on the policy of converting forest land to another purpose.”

22. Supplement Article 41a after Article 41 as follows:

"Article 41a. Criteria for determining projects to change the purpose of using natural forests to other purposes

1. Projects within the authority of the National Assembly to decide or approve the investment policy according to Article 7 of the Public Investment Law 2019, Article 30 of the Investment Law 2020, and Article 12 of the Public-Private Partnership Investment Law 2020.

2. Projects serving national defense and security confirmed in writing by the Ministry of Defense and the Ministry of Public Security.

3. Urgent projects requiring conversion of natural forest land to another purpose

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

b) Essential projects for constructing essential economic and social infrastructure (projects related to transportation, irrigation; freshwater reservoir projects, waste disposal projects on islands); power source projects, grid projects to ensure national energy security, economic and social development; restoration projects of revolutionary historical sites, restoration projects of national-level cultural-historical sites; industrial park infrastructure construction projects, industrial cluster construction projects; mineral exploration and exploitation projects that have been granted permits by the Ministry of Natural Resources and Environment according to the laws on minerals; ordinary building material mining projects; eco-tourism, resort, and entertainment projects.

c) Projects that have been approved by the Prime Minister or decided on investment orientation or approved for investment project decisions.

d) Projects specified in points b and c of this clause shall not change the purpose of special-use forest protection zones from forest land to other purposes; they shall not change the purpose of natural forests within the special-use forest planning area or protective forest planning area to other purposes for implementing mineral activities.

đ) Other cases not falling under the criteria specified in points a, b, and c of this clause, the People's Committee of the province shall submit a written request to the Ministry of Agriculture and Rural Development for reporting to the Prime Minister for consideration and approval.”

23. Supplement Article 41b following Article 41a as follows:

“Article 41b. Adjustment of the policy on changing the purpose of using forest land to other purposes

1. For projects decided by the Provincial People's Council on the policy of changing the purpose of using forest land to other purposes

a) Projects that change the location and area of the forest but do not change the type of forest and do not increase the total area of the forest compared to the area already decided by the Provincial People's Council on the policy of changing the purpose of using forest land to other purposes shall not need to adjust the policy on changing the purpose of using forest land to other purposes.

b) In cases not covered by point a of this clause, the adjustment of the policy on changing the purpose of using forest land to other purposes must be carried out. The procedures and formalities for submitting the decision to adjust the policy on changing the purpose of using forest land to other purposes shall be implemented according to the provisions of Clause 2 and Clause 3 of Article 41 of this Decree.

2. For projects that have been approved by the National Assembly, the Prime Minister, or the Provincial People's Council on investment orientation or investment project decisions according to the Investment Law, Public Investment Law, Public-Private Partnership Investment Law, Petroleum Law, if there is a change in the scale of the forest area needed to change the purpose of use to other purposes to implement the project, it shall be handled as follows:

a) Projects that change the scale of the forest area needed to change the purpose of use to other purposes but do not fall under the cases requiring adjustment of investment orientation according to the Investment Law, Public Investment Law, Public-Private Partnership Investment Law, Petroleum Law shall be decided by the provincial or district People's Committee on changing the purpose of using forest land to other purposes for the changed area; the procedures and formalities for implementation shall be carried out according to the provisions of Article 42 of this Decree.

b) Projects that change the scale of the forest area needed to change the purpose of use to other purposes and fall under the cases requiring adjustment of investment orientation shall carry out the adjustment of investment orientation according to the laws on investment, public investment, public-private partnership investment, petroleum, and related laws.

c) Projects adjusting investment orientation, including changes in the scale of the forest area needed to change the purpose of use to other purposes, which have already been decided on the policy of changing the purpose of using forest land to other purposes, the leading agency responsible for reviewing shall seek opinions from the Ministry of Agriculture and Rural Development, the provincial People's Committee, or the Department of Agriculture and Rural Development, and the district People's Committee where the project is being implemented according to the provisions of point c of Clause 4 of Article 41 of this Decree.”

24. Amend and supplement Article 42 as follows:

“Article 42. Procedures and formalities for deciding to change the purpose of using forest land to other purposes

1. The authority to decide on changing the purpose of forest land use to another purpose shall be implemented in accordance with the provisions of Article 23 of the Forestry Law.

2. The documents include:

a) Proposals for decisions to change the purpose of using forest land to other purposes according to Model No. 20 (for organizations) and Model No. 21 (for individuals) in Appendix II attached to this Decree;

b) Copies of the Decision on the policy of changing the purpose of using forest land to other purposes issued by the competent authority or copies of the approval documents or investment orientation decisions for projects within the jurisdiction of the National Assembly, the Prime Minister, or the Provincial People's Council approving investment orientation according to the Investment Law, Public Investment Law, Public-Private Partnership Investment Law, Petroleum Law;

c) Afforestation plans approved by the competent authority or notifications of completion of afforestation obligations for the areas proposed to change the purpose of using forest land to other purposes;

d) Report explaining the current status of the forest and the map of the current status of the forest in accordance with point d, Clause 2 of Article 41 of this Decree.

3. Procedure and Formalities

a) Organizations or individuals with projects proposing decisions to change the purpose of using forest land to other purposes shall directly send or through postal services or electronic environment one set of documents according to the provisions of Clause 2 of this Article to the Department of Agriculture and Rural Development for organizations or forestry management agencies at the district level for individuals;

b) Within 10 days from the date of receipt of the proposal to change the purpose of using forest land to other purposes from organizations or individuals, the Department of Agriculture and Rural Development shall prepare a report proposing the Provincial People's Committee to decide on changing the purpose of using forest land to other purposes for organizations according to Model No. 22 in Appendix II attached to this Decree, along with the documents according to the provisions of Clause 2 of this Article. Forestry management agencies at the district level shall prepare a report proposing the District People's Committee to decide on changing the purpose of using forest land to other purposes for individuals according to Model No. 23 in Appendix II attached to this Decree, along with the documents according to the provisions of Clause 2 of this Article;

In case the file is not valid, within three working days from the date of receipt of the organization's or individual's file, the Department of Agriculture and Rural Development or the specialized agency on forestry at the district level shall issue a written response stating the reasons.

c) Within ten days from the date of receipt of the Petition and file, the People's Committee at the provincial level shall issue a decision to change the purpose of forest land use for organizations according to Model No. 24 Appendix II attached to this Decree, and the People's Committee at the district level shall issue a decision to change the purpose of forest land use for individuals according to Model No. 25 Appendix II attached to this Decree. In case there is no decision to change the purpose of forest land use, within five days from the date of receipt of the Petition and file of the Department of Agriculture and Rural Development or the specialized agency on forestry at the district level, the People's Committee at the provincial level or the People's Committee at the district level shall issue a written response stating the reasons.

4. For infrastructure construction projects serving forest protection and development as stipulated in Clauses 1, 2, 3, and 4 of Article 51 of the Forestry Law, the provisions of Articles 41 and 42 of this Decree shall not be implemented. The construction of infrastructure projects serving forest protection and development must be consistent with the sustainable forest management plan approved by the competent authority. The Forest Owner shall prepare the Forest Use Plan according to Model No. 28 Appendix II attached to this Decree and submit it to the People's Committee at the provincial level or the ministry/sector for approval following the procedures and formalities set forth below:

a) The file requesting approval of the Forest Use Plan includes: the Forest Use Plan according to Model No. 28 Appendix II attached to this Decree; the request for approval of the Forest Use Plan according to Model No. 29 Appendix II attached to this Decree;

b) The Forest Owner shall directly send or through postal service or electronic environment one set of files as stipulated in Point a of this Clause to the Department of Agriculture and Rural Development for forests under local management or to the specialized agency under the ministry/sector responsible for receiving files for forests under the management of the ministry/sector;

In case the file is not valid, within three working days from the date of receipt of the file, the Department of Agriculture and Rural Development or the specialized agency under the ministry/sector responsible for receiving files shall respond in writing and state the reasons.

c) Within ten days from the date of receipt of the valid file, the Department of Agriculture and Rural Development or the specialized agency under the ministry/sector shall inspect, verify, and compile the file to be submitted to the People's Committee at the provincial level or the ministry/sector for examination and approval. The file for approval includes: the file as stipulated in Point a of this Clause, the Petition, the report on inspection and verification results;

d) Within five days from the date of receipt of the Petition and file of the Department of Agriculture and Rural Development or the specialized agency under the ministry/sector, the People's Committee at the provincial level or the ministry/sector shall examine and decide to approve the Forest Use Plan according to Model No. 30 Appendix II attached to this Decree. In case of non-approval, the People's Committee at the provincial level or the ministry/sector shall respond in writing and state the reasons.

5. For areas of forest that have been decided by the competent authority to change the purpose of forest land use to another purpose or to implement a project but the project does not require or uses less area than the decided forest area, the People's Committee at the provincial level or the People's Committee at the district level must manage the forest area according to the laws on forestry.

6. The People's Committee at the provincial level and the People's Committee at the district level are responsible for deciding to change the purpose of forest land use to another purpose.”

25. Amend and supplement Article 43 as follows:

"Article 43. Procedures and formalities for reclaiming forests

1. Procedures and formalities for reclaiming forests for cases stipulated in Points a, b, and d Clause 1 of Article 22 of the Forestry Law

a) Within ten days from the date of conclusion of the inspection and audit by the competent state agency, the inspection and audit agency shall send the inspection and audit results to the Department of Agriculture and Rural Development, the People's Committee at the district level, the specialized agency on forestry at the district level, and the Forest Owner;

b) Within thirty days from the date of receipt of the inspection and audit results of the competent agency, the specialized agency on forestry at the district level for Forest Owners who are households, individuals, or community groups, or the Department of Agriculture and Rural Development for Forest Owners who are organizations shall be responsible for inspecting and verifying the characteristics of the forest area and submitting to the People's Committee at the same level for a decision to reclaim the forest;

c) Within ten days from the date of receipt of the Petition of the specialized agency on forestry at the district level for Forest Owners who are households, individuals, or community groups, or the Department of Agriculture and Rural Development for Forest Owners who are organizations, the People's Committee at the district level or the People's Committee at the provincial level shall examine and decide to reclaim the forest according to Model No. 26 or Model No. 27 Appendix II attached to this Decree.

2. Procedures and formalities for reclaiming forests for the case stipulated in Point c Clause 1 of Article 22 of the Forestry Law

a) The Forest Owner shall send a letter returning the forest to the specialized agency on forestry at the district level for Forest Owners who are households, individuals, or community groups; the Department of Agriculture and Rural Development for Forest Owners who are organizations;

b) Within fifteen days from the date of receipt of the request of the Forest Owner, the specialized agency on forestry at the district level for Forest Owners who are households, individuals, or community groups, or the Department of Agriculture and Rural Development for Forest Owners who are organizations shall submit to the People's Committee at the district level or the People's Committee at the provincial level for issuance of a decision to reclaim the forest;

c) Within five days from the date of receipt of the Petition of the specialized agency on forestry at the district level for Forest Owners who are households, individuals, or community groups, or the Department of Agriculture and Rural Development for Forest Owners who are organizations, the People's Committee at the district level or the People's Committee at the provincial level shall examine and decide to reclaim the forest according to Model No. 26 or Model No. 27 Appendix II attached to this Decree.

3. Procedure and formalities for reclaiming forests in cases stipulated in point d, Clause 1, Article 22 of the Forestry Law

a) Ninety days before the expiration of the forest transfer or lease period, the forestry specialized agency at the district level shall notify the forest user or lessee, who is a household, individual, or community, or the Department of Agriculture and Rural Development at the provincial level shall notify the forest user or lessee, who is an organization, about the expiration of the forest transfer or lease period without extension;

b) Thirty days before the expiration of the forest transfer or lease period, the forestry specialized agency at the district level shall notify the forest user or lessee, who is a household, individual, or community, or the Department of Agriculture and Rural Development at the provincial level shall notify the forest user or lessee, who is an organization, to submit to the People's Committee at the district or provincial level for consideration and issuance of a decision to reclaim the forest;

c) Within five days from the date of receipt of the Petition of the specialized agency on forestry at the district level for Forest Owners who are households, individuals, or community groups, or the Department of Agriculture and Rural Development for Forest Owners who are organizations, the People's Committee at the district level or the People's Committee at the provincial level shall examine and decide to reclaim the forest according to Model No. 26 or Model No. 27 Appendix II attached to this Decree.

4. Procedure and formalities for reclaiming forests in cases stipulated in point e, Clause 1, Article 22 of the Forestry Law

a) Within ten days from receiving the death certificate from the competent state agency in cases where an individual dies without a legal heir, the People's Committee at the commune level shall be responsible for confirming and reporting to the People's Committee at the district level regarding the situation of an individual dying without a legal heir according to the law;

b) Within fifteen days from receiving the report from the People's Committee at the commune level, the People's Committee at the district level shall implement the procedure and formalities for reclaiming the forest as prescribed in points b and c, Clause 2 of this Article;

5. Based on the forest reclamation decision approved by the competent authority, the People's Committee at the provincial or district level shall be responsible for managing the forest in accordance with the provisions of the law on forestry.

26. Amend and supplement Clauses 3, 4, and 6 of Article 57 as follows:

“3. Industrial production facilities specified in point c, Clause 2, Article 63 of the Forestry Law use water sources for industrial production in industries as prescribed in Appendix VIII attached to this Decree. The People's Committee at the provincial level shall determine the list of industrial production facilities using water services from the forest environment, the minimum amount of water usage, and the payment amount for such facilities within the province.

4. Organizations and individuals operating ecotourism, resort, and entertainment services specified in point d, Clause 2, Article 63 of the Forestry Law include: travel services, tourist transportation, tourism accommodation, catering, shopping, sports, entertainment, health care, sightseeing, and advertising activities within the area of the forest providing environmental services or adjacent to such areas. The People's Committee at the provincial level shall decide the list of organizations and individuals required to pay for environmental services from the forest.

6. Aquaculture facilities specified in point e, Clause 2, Article 63 of the Forestry Law are aquaculture organizations or those linked with households or individuals engaged in aquaculture. The People's Committee at the provincial level shall decide the list of organizations required to pay for environmental services from the forest.”

27. Amend and supplement Clauses 4 and 5 of Article 59 as follows:

“4. The minimum payment for environmental services from the forest by organizations and individuals operating ecotourism, resort, and entertainment services specified in point d, Clause 2, Article 63 of the Forestry Law must be at least 1% of their total revenue during the period. In cases of entrusted payments through the Provincial Forest Protection and Development Fund, the specific payment amount shall be decided by the People's Committee at the provincial level.

5. The minimum payment for environmental services from the forest by aquaculture organizations or those linked with households or individuals engaged in aquaculture specified in point e, Clause 2, Article 63 of the Forestry Law must be at least 1% of their total revenue during the period. In cases of entrusted payments through the Provincial Forest Protection and Development Fund, the specific payment amount shall be decided by the People's Committee at the provincial level.”

28. Amend and supplement Clause 1 of Article 64 as follows:

“1. The provider of environmental services from the forest shall enter into a contract with the service user, specifying the type of service, payment amount, payment time, and payment method. The payment amount shall not be less than the amount prescribed in Article 59 of this Decree; the environmental service payment contract shall be made in four copies, with the provider retaining one copy, the user retaining one copy, the Provincial Forest Protection and Development Fund retaining one copy, and the Department of Agriculture and Rural Development retaining one copy. Annually, the provider of environmental services from the forest shall submit a report on the implementation results to the Provincial Forest Protection and Development Fund or the Department of Agriculture and Rural Development for provinces that have not established a Provincial Forest Protection and Development Fund, using Model No. 01 in Appendix IX attached to this Decree.”

29. Amend and supplement Clause 1 of Article 69 as follows:

“1. Vietnam Forest Protection and Development Fund

a) Before December 31 each year, based on the actual collected environmental service fees for the year and the forest area in the watershed announced by the Ministry of Agriculture and Rural Development, the Director of the Vietnam Forest Protection and Development Fund shall determine the amount and distribute the environmental service fees to the Provincial Forest Protection and Development Funds.

b) Before January 31 of the following year, the Vietnam Forest Protection and Development Fund shall determine the amount and distribute the environmental service fees to the Provincial Forest Protection and Development Funds according to the regulations in Appendix VII attached to this Decree.”

30. Amend and supplement some points and clauses of Article 70 as follows:

a) Amend and supplement point a, Clause 1 as follows:

“a) Management expenses can be deducted up to a maximum of 0.5% of the total environmental service fees actually collected in the year to fund the operations of the Fund. The specific deduction rate shall be included in the annual budget plan of the Fund and submitted to the Ministry of Agriculture and Rural Development for approval. The expenditure items for the Fund’s operations include:

Recurrent expenses: salaries, allowances, and contributions for members of the Fund Management Board; management responsibility fees for members of the Fund Management Council and the Fund Supervisory Board; payment for services; public service utility payments, office supplies, information, communication, and propaganda; meeting and conference costs; travel expenses, rental fees; maintenance and upkeep costs for assets serving professional work and infrastructure; program and project evaluation costs, tendering activities; cash receipt and payment activities; inspection and supervision costs, and other costs (if any).

Non-recurrent expenses: activities to review and determine the area of forests providing forest environmental services; conference, training, and professional skill enhancement costs; large-scale asset procurement and repair costs for Fund operations, procurement of equipment for payment activities; communication and propaganda costs; auditing service costs; support for sustainable forest management plan development and certification; support for scattered tree planting activities; support for forest monitoring activities; activities aimed at expanding revenue from forest environmental services; other costs as decided by the Ministry of Agriculture and Rural Development. These expenses must not overlap with state budget expenditures.

"a) Deposits of microfinance organizations at credit institutions, branches of foreign banks, except deposits at credit institutions under special control according to Clause 9, Article 174 of the Law on Credit Institutions;"

"a) The management fund may extract up to 10% of the total amount of forest environmental service revenues collected annually to cover the Fund's operational costs. The specific extraction rate is detailed in the annual revenue and expenditure plan of the Fund and submitted to the provincial People's Committee for approval. The expenditure items include:"

Recurrent expenses: salaries, allowances, and contributions for members of the Fund Management Board; management responsibility fees for members of the Fund Management Council and the Fund Supervisory Board; payment for services; public service utility payments, office supplies, information, communication, and propaganda; meeting and conference costs; travel expenses, rental fees; maintenance and upkeep costs for assets serving professional work and infrastructure; program and project evaluation costs, tendering activities; cash receipt and payment activities; inspection and supervision costs, and other costs (if any).

Non-recurrent expenses: activities to review and determine the area of forests providing forest environmental services, technical monitoring and quality assessment activities for forest environmental services; support for activities related to sub-district and village-level forest environmental service payments; conference, training, and professional skill enhancement costs; large-scale asset procurement and repair costs for Fund operations, procurement of equipment for payment activities; communication and propaganda costs; auditing service costs; support for sustainable forest management plan development and certification; support for scattered tree planting activities; support for forest monitoring activities; activities aimed at expanding revenue from forest environmental services; other costs as decided by the provincial People's Committee. These expenses must not overlap with state budget expenditures.

"c) Amend and supplement points b, c, and d of Clause 3 as follows:"

"b) For forest owners who are enterprises: the entire amount of forest environmental service revenues received is considered enterprise income, managed and utilized according to financial laws applicable to enterprises after deducting costs for forest protection and development activities."

"c) For forest owners who are organizations not included in point b of Clause 3 that do not allocate forest protection responsibilities or partially allocate forest protection responsibilities, the entire amount of revenue received corresponding to self-protected forest areas shall be used for forest management, protection, and development activities, including: developing and implementing sustainable forest management plans and obtaining forest certification; eco-tourism, resort, and entertainment projects; forestry construction projects, technical facilities serving forest protection and development; patrolling, crackdown on hotspots, and handling violations of forest protection and development laws; purchasing assets, tools, and equipment, maintenance, and repairs for forest protection; compiling payment records, creating forest environmental service payment maps, inspecting, supervising, evaluating, accepting, promoting, mobilizing, training, convening meetings, and other activities supporting forest environmental service payments; paying salaries and salary-like benefits (for individuals not receiving salaries from the state budget and those receiving salaries from the state budget when the state budget does not ensure salary payments and salary-like benefits); other activities supporting forest management, protection, and development.

The forest environmental service revenue received for self-protected forest areas, after deducting costs for forest protection and development activities, is considered the owner's income and managed according to financial laws appropriate to the type of organization of the owner.

"d) For forest owners who are organizations defined in point c of Clause 3 that allocate forest protection responsibilities to organizations, individuals, households, or community groups, the management fund may extract 10% of the total forest environmental service revenue paid for allocated protected forest areas to cover the owner's management, protection, and development activities, including: developing and implementing sustainable forest management plans and obtaining forest certification, eco-tourism, resort, and entertainment projects, forestry construction projects, technical facilities serving forest protection and development; patrolling, crackdown on hotspots, and handling violations of forest protection and development laws; purchasing assets, tools, and equipment, maintenance, and repairs for forest protection; compiling payment records, creating forest environmental service payment maps, inspecting, supervising, evaluating, accepting, promoting, mobilizing, training, convening meetings, and other activities supporting forest environmental service payments; paying salaries and salary-like benefits (for individuals not receiving salaries from the state budget and those receiving salaries from the state budget when the state budget does not ensure salary payments and salary-like benefits); other activities supporting forest management, protection, and development.

The extracted funds for the owner's management activities, after deducting costs for forest protection and development activities, are considered the owner's income and managed according to financial laws appropriate to the type of organization of the owner.

The remaining amount after deducting management fees shall be paid by the forest owner to the contractor in accordance with Clause 3, Article 69 of this Decree.

d) Amend and supplement Point a and Point b of Clause 4 as follows:

“a) Expenses for forest guards including wages, working expenses, insurance, protective equipment, and other expenses;

b) Purchase of means, tools, equipment, fuel for patrolling and inspecting forests.”

31. Amend and supplement Point b of Clause 4 of Article 71 as follows:

“b) The forest owner, being an organization, shall close accounting books, prepare and submit final reports in accordance with financial management regulations for each type of organization.”

32. Amend and supplement some Points and Clauses of Article 76 as follows:

a) Amend and supplement Point g and Point i of Clause 1 as follows:

“g) Implement legal provisions on finance, statistics, accounting, and auditing; report the management and use of Fund finances to the competent authority according to Model 03 Appendix IX attached to this Decree.

i) Summarize and report the Ministry of Agriculture and Rural Development annually on the income and expenditure of forest environmental services nationwide according to Model 04 Appendix IX attached to this Decree.”

b) Amend and supplement Point h of Clause 2 as follows:

“h) Implement legal provisions on finance, statistics, accounting, and auditing; report the management and use of Fund finances to the competent authority according to Model 03 Appendix IX attached to this Decree.”

33. Amend and supplement some Points and Clauses of Article 87 as follows:

a) Amend and supplement Point b, Point c, and Point g of Clause 1 as follows:

“b) Planting, caring for, protecting, enclosing, promoting natural regeneration, nurturing, and enriching forests;

c) Inventorying, monitoring, supervising forest resources and biodiversity; investigating, statistics, inventorying, and announcing the current status of forests;

g) Promoting, disseminating, and educating laws on forest protection and development; enhancing the capacity of forest protection forces;”

b) Amend and supplement Point c of Clause 4 as follows:

“c) Research and apply remote sensing technology, information technology, digital transformation, and biotechnology in managing and protecting forest resources;”

c) Amending and supplementing Clause 5 as follows:

“5. Purchase, repair, and equip means, devices, and tools for forest protection; fire prevention and firefighting; monitoring and warning of forest fire risks; pest control in forests.”

d) Amend the name of Clause 6 as follows:

“6. Construction, maintenance, repair, upgrading, and renovation of infrastructure serving special-purpose forests, protective forests.”

đ) Amend and supplement Clause 8 as follows:

“8. Investigation, inventory, statistics, monitoring changes in forests; building and managing forest databases; managing, investigating, assessing, and supervising forest resources; inspecting, monitoring, evaluating implementation results of forestry strategies, programs, and projects.”

34. Amend and supplement Point b, Point đ, and add Point e of Clause 3 of Article 88 as follows:

“b) Support for forest protection contracts in areas inhabited by ethnic minorities, mountainous regions, border areas, islands, and economically disadvantaged areas; protect forests and enclose for natural regeneration with supplementary planting for production forests that are natural forests for households and communities in mountainous regions, border areas, islands, and economically disadvantaged areas;

đ) Provide rice support to poor households and ethnic minority households in economically disadvantaged areas implementing forest protection, enclosure for natural regeneration with supplementary planting, planting production forests, developing non-timber forest products, planting protective forests, and replacing shifting cultivation with forest planting.

e) Support for expanding models of effective and sustainable forestry economic development.”

Article 2. Supplementing, replacing, and abolishing certain phrases, points, clauses, and appendices of Decree No. 156/2018/NĐ-CP dated November 16, 2018, of the Government detailing the implementation of certain provisions of the Forestry Law.

1. Replacing the phrase "by state budget funds" with the phrase "by the State as the owner representative" in point a, clause 1 and point b, clause 3 of Article 29.

2. Replacing the phrase "invested by the state budget" with the phrase "by the State as the owner representative" in point b, clause 5 of Article 29.

3. Replacing the phrase "Forest Administration General Department" with the phrase "Forest Service" in clause 1 of Article 75 and point d, clause 1 of Article 76.

4. Bổ sung Phụ lục IA sau Phụ lục I và Phụ lục VIII, IX sau Phụ lục VII.

5. Thay thế Phụ lục II, Phụ lục VII.

6. Bãi bỏ khoản 5 Điều 57.

Điều 3. Trách nhiệm tổ chức thực hiện

1. Bộ Nông nghiệp và Phát triển nông thôn hướng dẫn, kiểm tra việc thực hiện theo chức năng, nhiệm vụ quản lý nhà nước về lâm nghiệp trong phạm vi toàn quốc; theo dõi, tổng hợp vướng mắc, kiến nghị của các địa phương, đề xuất sửa đổi, bổ sung Nghị định trong trường hợp cần thiết.

2. Bộ Xây dựng chủ trì, phối hợp với Bộ Nông nghiệp và Phát triển nông thôn hướng dẫn, kiểm tra việc quản lý xây dựng công trình phục vụ du lịch sinh thái, nghỉ dưỡng, giải trí trong rừng có cấu phần xây dựng.

3. Ủy ban nhân dân cấp tỉnh thực hiện trách nhiệm quản lý nhà nước về lâm nghiệp trên địa bàn; thường xuyên theo dõi, kiểm tra việc thực hiện quản lý rừng, sử dụng rừng, chuyển mục đích sử dụng rừng sang mục đích khác, việc triển khai các dự án du lịch sinh thái, nghỉ dưỡng, giải trí, xây dựng công trình phục vụ du lịch sinh thái, nghỉ dưỡng, giải trí, thăm dò và khai thác khoáng sản trong các loại rừng, việc xây dựng các công trình kết cấu hạ tầng phục vụ bảo vệ và phát triển rừng tại địa phương, kịp thời xử lý nghiêm các trường hợp vi phạm theo thẩm quyền và quy định của pháp luật; kịp thời phản ánh các khó khăn, vướng mắc trong quá trình thực hiện Nghị định và đề xuất phương án xử lý với Bộ Nông nghiệp và Phát triển nông thôn; định kỳ tổng hợp, báo cáo kết quả về Bộ Nông nghiệp và Phát triển nông thôn trước ngày 31 tháng 12 hằng năm.

4. Các bộ, cơ quan ngang bộ, cơ quan thuộc Chính phủ và các cơ quan có liên quan thực hiện trách nhiệm quản lý nhà nước trong phạm vi nhiệm vụ, quyền hạn của mình.

Điều 4. Điều khoản thi hành

1. Nghị định này có hiệu lực thi hành kể từ ngày 18 tháng 7 năm 2024.

2. Nghị định số 83/2020/NĐ-CP ngày 15 tháng 7 năm 2020 của Chính phủ sửa đổi, bổ sung một số điều của Nghị định số 156/2018/NĐ-CP ngày 16 tháng 11 năm 2018 của Chính phủ quy định chi tiết thi hành một số điều của Luật Lâm nghiệp hết hiệu lực thi hành kể từ ngày Nghị định này có hiệu lực thi hành.

3. Quy định chuyển tiếp

a) Đối với dự án có đề xuất chuyển mục đích sử dụng rừng sang mục đích khác đã được Quốc hội, Thủ tướng Chính phủ quyết định chủ trương chuyển mục đích sử dụng rừng sang mục đích khác trước ngày Nghị định này có hiệu lực thi hành nhưng cần thiết phải điều chỉnh chủ trương chuyển mục đích sử dụng rừng sang mục đích khác thì Hội đồng nhân dân cấp tỉnh quyết định điều chỉnh chủ trương chuyển mục đích sử dụng rừng sang mục đích khác; trình tự, thủ tục thực hiện theo quy định tại Điều 41b Nghị định này.

b) Đối với dự án có đề xuất chuyển mục đích sử dụng rừng sang mục đích khác đã được cấp có thẩm quyền chấp thuận hoặc quyết định chủ trương đầu tư trước ngày Nghị định này có hiệu lực thi hành nhưng chưa được cấp thẩm quyền quyết định chủ trương chuyển mục đích sử dụng rừng sang mục đích khác, chủ dự án lập hồ sơ trình Hội đồng nhân dân cấp tỉnh quyết định chủ trương chuyển mục đích sử dụng rừng sang mục đích khác; trình tự, thủ tục thực hiện theo quy định tại Điều 41 Nghị định này.

c) Đối với các hồ sơ đề nghị quyết định chủ trương chuyển mục đích sử dụng rừng sang mục đích khác hợp lệ, đã được Bộ Nông nghiệp và Phát triển nông thôn tiếp nhận nhưng chưa trình hoặc đã trình và chưa được cấp có thẩm quyền phê duyệt trước ngày 01 tháng 4 năm 2024: trong thời gian 30 ngày kể từ ngày Nghị định này có hiệu lực thi hành, Bộ Nông nghiệp và Phát triển nông thôn hoàn thành việc thẩm định hồ sơ theo quy định tại Nghị định số 83/2020/NĐ-CP ngày 15 tháng 7 năm 2020:

Đối với hồ sơ đủ điều kiện để cấp có thẩm quyền quyết định chủ trương chuyển mục đích sử dụng rừng sang mục đích khác: Bộ Nông nghiệp và Phát triển nông thôn trình cấp có thẩm quyền xem xét, quyết định;

Đối với hồ sơ không đủ điều kiện để cấp có thẩm quyền quyết định chủ trương chuyển mục đích sử dụng rừng sang mục đích khác: Bộ Nông nghiệp và Phát triển nông thôn có văn bản gửi trả Ủy ban nhân dân cấp tỉnh (trong đó nêu rõ lý do) để rà soát, hoàn thiện hồ sơ, tổ chức thẩm định, trình Hội đồng nhân dân cấp tỉnh xem xét, quyết định theo quy định tại Nghị định này.

d) Đối với hồ sơ đề nghị quyết định chủ trương chuyển mục đích sử dụng rừng sang mục đích khác thuộc thẩm quyền của Hội đồng nhân dân cấp tỉnh đã được Ủy ban nhân dân cấp tỉnh thẩm định, trình Hội đồng nhân dân cấp tỉnh hoặc hồ sơ hợp lệ đã được cấp có thẩm quyền tiếp nhận, thẩm định trước ngày 01 tháng 4 năm 2024 thì tiếp tục thực hiện trình tự, thủ tục theo quy định tại Nghị định số 83/2020/NĐ-CP ngày 15 tháng 7 năm 2020.

đ) Tổ chức, cá nhân được lựa chọn và đã ký hợp đồng cho thuê môi trường rừng theo đúng thẩm quyền và quy định của pháp luật để kinh doanh dịch vụ du lịch sinh thái, nghỉ dưỡng, giải trí trước ngày Nghị định này có hiệu lực thi hành, thì được tiếp tục thực hiện theo thời gian của hợp đồng đã ký và nội dung quy định tại Nghị định này.

e) Đối với hồ sơ đề nghị giao rừng, cho thuê rừng, thu hồi rừng, chuyển loại rừng, quyết định chuyển mục đích sử dụng rừng sang mục đích khác hợp lệ, đã được cơ quan nhà nước có thẩm quyền tiếp nhận, thẩm định, trình cấp có thẩm quyền trước ngày Nghị định này có hiệu lực thi hành thì được tiếp tục thực hiện và hoàn thành trong thời gian 60 ngày kể từ ngày Nghị định này có hiệu lực thi hành. Trường hợp quá thời gian này mà không hoàn thành thì thực hiện theo quy định tại Nghị định này./.