Thông tư 24/2013/TT-BNNPTNT

CIRCULAR

PROVISIONS ON REPLACEMENT AFFORESTATION UPON CONVERSION OF FOREST USE PURPOSE TO OTHER PURPOSES

Pursuant to the Law on Forest Protection and Development 2004;

Pursuant to Decree No. 01/2008/ND-CP dated January 03, 2008 of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75 / 2009/ND-CP dated September 10, 2009 of the Government on amending Article 3 of Decree No. 01/2008/ND-CP dated January 03, 2008 of the Government;

Pursuant to Decree No. 23/2006/ND-CP dated March 03, 2006 of the Government on the implementation of the Law on Forest Protection and Development;

Minister of Agriculture and Rural Development issues the Circular stipulating the replacement afforestation upon conversion of forest use purpose to other purposes.

Article 1. Scope of adjustment and subject of application

1. Scope of adjustment: This Circular stipulates the conditions for implementation, plan formulation, approval of plans, replacement afforestation upon conversion of forest use purpose to other purposes on the territory of the Socialist Republic of Vietnam.

2. Subjects of application: agencies, organizations, households and individuals, rural communities in the country; foreign organizations and individuals engaged in activities related to the conversion of forest use purpose to other purposes.

Article 2. Conditions for the conversion of forest use purpose to other purposes

The conversion of forest use purpose to other purposes is only done when there are the following conditions:

1. Meeting the conditions stipulated in Article 29 of Decree No. 23/2006/ND-CP dated March 03, 2006 of the Government;

2. There are replacement afforestation plan of forest area converted to other purposes, with area of replacement afforestation at least equal to the forest area converted to other purposes approved by the competent state agencies or payment vouchers for replacement afforestation specified in Clause 3, Article 6 of this Circular.

Article 3. Formulating and proposing the approval for replacement afforestation plan of forest area converted to other purposes

1. Organizations and individuals that are the owners of projects conversionring the forest use purpose to other purposes will take responsibility to formulate the replacement afforestation plan (hereinafter referred to as the plan) for submission to the People's Committees of provinces and centrally-affiliated cities (hereinafter referred to as provincial-level People's Committee) for approval. In case the forest area converted to other purposes located in many provinces and centrally-affiliated cities, there must be separate plans for each province.

2. Plan formulated in the form provided in Appendix 02 issued together with this Circular and must show the following contents in detail:

a) Name of afforestation investment plan for replacement of forest area converted to other purposes

b) Area of forest converted to other purposes in detail to each type of forest (special-use, protection, production), description of state of each forest lot;

c) Area of replacement afforestation land, detail of location, topography, place name, type of forest planned for forest development (special-use, protection, production) specific to each lot; expected plant species to be grown and methods of plantation;

d) Replacement afforestation plan and progress; rate of investment of 1ha on average; total investment capital of replacement afforestation.

dd) Organization of management, allocation of resources and implementation of the plan.

3. Proposal for plan approval

a) Dossier for the plan approval consists of: a written proposal for plan approval under the form in Annex 01 issued together with this Circular; the plan specified in Clause 2 of this Article; the design map and relevant documents.

b) Number of dossier: 05 sets including 01 original set and 04 copy sets

4. Way to submit dossier

The project owner submit his dossier for the plan approval directly or by post to the Service of Agriculture and Rural Development where there is area of replacement afforestation land.

Article 4. Plan appraisal and approval

1. The Service of Agriculture and Rural Development is the agency assuming its prime responsibility for the appraisal and submission to the provincial-level for the plan approval.

2. The Director of Service of Agriculture and Rural Development will set up the plan appraisal Board including: representative of the Service of Agriculture and Rural Development, the Service of Natural Resources and Environment, the Service of Planning and Investment, the district-level People’s Committee where there is area of replacement afforestation land; the related scientific organization; the number of the Board member is at least 5 (five); one leader of the Service of Agriculture and Rural Development as the Chairman of the Board

3. Organization of appraisal:

Within 20 (twenty) working days after receiving the dossier for the plan approval, the Service of Agriculture and Rural Development will have to set up a Board and organize the appraisal. If it is necessary to verify the field, the time for plan appraisal may last over 15 (fifteen) working days. If the dossier is not sufficient as specified at Point a, b, Clause 3, Article 3 of this Circular, within 03 (three) working days after receiving the dossier, the Service of Agriculture and Rural Development will have to inform the project owner.

The meeting of the plan appraisal Board must be minuted, recording opinions of the Board member and the conclusion of the chairman. The minutes must be signed by the members with their full name specified.

Within 03 (three) working days after the meeting of the appraisal Board, the Service of Agriculture and Rural Development will submit the plan to the provincial-level People’s Committee for approval. In case of failing to propose the consideration and approval for the plan from the provincial-level People’s Committee, the Service of Agriculture and Rural Development will have to reply to the project owner indicating the reasons.

4. Plan approval: within 10 (ten) working days after receiving the request for the approval of the plan submitted by the Service of Agriculture and Rural Development, the provincial-level People’s Committee will have to approve the plan. In case of failing to approve it, the provincial-level People’s Committee will have to inform the Service of Agriculture and Rural Development for reply to the project owner.

Article 5. Implementation of replacement afforestation

After the replacement afforestation plan has been approved by the provincial-level People’s Committee, the project owner will have to organize the design of replacement afforestation as prescribed in the Decision No. 73/2010/QD-TTg dated November 2010 of the Prime Minister issuing the Regulation on management of silvicultural works construction investment and the current regulations of the Ministry of Agriculture and Rural Development; strictly implementing the replacement afforestation in accordance with the plan and design; being under the inspection and monitoring of the forestry specialized management agencies as prescribed by law.

Article 6. Settlement of replacement afforestation in case the locality has no longer land fund for replacement afforestation

1. In case the provincial-level locality has forest area to be converted to other purposes but it has no longer or not sufficient land fund for replacement afforestation, the provincial-level People’s Committee will have to make a written request to the Ministry of Agriculture and Rural Development for layout of replacement afforestation at other localities.

2. After receiving the request of the provincial-level People’s Committee, the Ministry of Agriculture and Rural Development will have to arrange the replacement afforestation in other areas in the country (on the basis of annual assignment of afforestation plan) and notify the related provincial-level People’s Committee and project owner.

3. The project owner conversionring the purposes of forest use must formulate the plan, design and replacement afforestation specified in this Circular and the guidance of the Ministry of Agriculture and Rural Development.

In case the project owner has no condition to organize the replacement afforestation, he/she will have to make a report on the reason and request the Ministry of Agriculture and Rural Development to accept the payment in cash. The amount of money for replacement afforestation by design and cost estimate will be approved by the competent state agencies (including the costs of survey, design, development of forest, management costs until forest becoming). The Ministry of Agriculture and Rural Development regulates the total amount of money and payment time. The project owner must strictly observe the payment in accordance with regulations of the Ministry of Agriculture and Rural Development.

4. receive the amount of money specified in Clause 3 of this Article submitted by the project owner, manage and disburse it as approved by the Ministry of Agriculture and Rural Development for afforestation.

Article 7. Effect

1. This Circular takes effect on July 1, 2013.

For projects which have converted the forest use purpose but the replacement afforestation has not been implemented from the effective date of the Decree No. 23/2006/ND-CP dated March 03, 2006 of the Government guiding the implementation of the Law on Forest Protection and Development. The provincial-level Peoples’ Committee will direct the review in quarter III of 2013 and require the project owner to complete the replacement afforestation as prescribed in this Circular within 2014.

2. Any difficulty arising during the implementation should be promptly reported to the Ministry of Agriculture and Rural Development for consideration and settlement.

ANNEX 01:

REQUESTING THE APPROVAL FOR REPLACEMENT AFFORESTATION PLAN
(Issued together with the Circular No. 24/2013/TT-BNNPTNT dated May 6, 2013 of the Minister of Agriculture and Rural Development)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
--------------

........., date ......month ..... year......

REQUESTING THE APPROVAL FOR REPLACEMENT AFFORESTATION PLAN UPON THE CONVERSION OF FOREST USE PURPOSE TO OTHER PURPOSES

Project:.....................................

To :..................................................

Name of organization:.............................................................................................

Address:.........................................................................................................

Based on the Circular No. 24/2013 /TT-BNNPTNT dated May 06, 2013 stipulating the replacement afforestation upon the conversion of forest use purpose to other purposes, we kindly request…………………..to approve the replacement afforestation plan as follows:

Total forest area for conversion of purpose of use:

Type of forest for conversion of purpose of use:

Forest subject to be converted:

Area of replacement afforestation land:

Location of replacement afforestation: plot...., subdivision........commune.......district.........province.........

Forest land subject (protection, special use, production):

Replacement afforestation plan:

- Plant species ……………………………………………………….….

- Methods of plantation (mixed and pure):………………….…………..

- Rate of investment of 1ha on average (1 million dong):……………………………….

- Plantation time:...................................................................

Total investment of replacement afforestation:..................................................

…………..(name of organization) pledge to comply with regulations of the State on replacement afforestation and take responsibility before law for any violation

ANNEX 02:

REPLACEMENT AFFORESTATION PLAN
(Issued together with Circular No. 24/2013/TT-BNNPTNT dated May 6, 2013 of the Minister of Agriculture and Rural Development)

I. INTRODUCTION

II. GROUNDS FOR DEVELOPMENT

III. OVERVIEW OF FOREST AREA AND FOREST LAND FOR CONVERSION OF PURPOSES

1. Name of project:

2. Position of forest: Area...............ha, plot, ..............lot...............

Bordered sides ...............................................................................................;

Address of the forest : commune.....................district.......................province...................;

3. Topography: Type of land......................................................slope.........................;

4. Climate:.........................................................................................................;

5. Forest resources (if any): Type of forest ...........................................................;

IV. OBJECTIVES AND CONTENTS OF THE PLAN

V. PLAN DEVELOPMENT

1. Plan 1: The investor performs it by himself/herself

- Total area of forest converted to other purposes of use:

- Type of forest converted to other purposes of use:

- Forest subject to be converted:

+ Forest state........................................................................

+ Forest reserves........................................m³, bamboo, neohouzeaua.........trees

- Area of replacement afforestation land:

+ Location of replacement afforestation: plot...., subdivision.....commune.....district.......province....

+ Forest land subject (protection, special use, production):…………..

- Replacement afforestation plan

+ Plant species......................................................................................

+ Density....................................................................................................................

+ Methods of plantation (mixed and pure):………………….…………..

+ Care and protection of forest :

+ Time and progress of plantation:.........................

+ Preparation of firebreak.......................................

+ Rate of investment of 1ha on average (1 million dong)………………..

+ Total investment capital for replacement afforestation

2. Plan 2: Making payment to the forest protection and development Fund (due to insufficient land fund)

- Reason for plan formulation

- Cost estimate of plan implementation.

CONCLUSION AND PROPOSAL