Supplementing regulations on temporary use of forests to construct urgent projects

(Chinhphu.vn) - The Government issued Decree No. 227/2025/ND-CP dated August 16, 2025 amending and supplementing a number of articles of Decree No. 156/2018/ND-CP dated November 16, 2018 of the Government detailing the implementation of a number of articles of the Forestry Law.

Decree No. 227/2025/ND-CP supplements regulations on temporary use of forests for construction of urgent projects

In which, Decree No. 227/2025/ND-CP amends and supplements Article 42a of Decree No. 156/2018/ND-CP, amended and supplemented in Clause 2, Article 1 of Decree No. 27/2024/ND-CP regulating temporary forest use.

Temporary use of forests is the use of forests to carry out temporary construction works serving the construction of projects for socio -economic development for national and public interests in accordance with the provisions of law on investment, public investment, investment in the form of public-private partnership, oil and gas, construction, electricity and other relevant laws but without changing the purpose of forest use to another purpose for the area of temporarily used forests.

The project is temporarily using the forest.

According to new regulations in Decree 227/2025/ND-CP, projects that are allowed to temporarily use forests include:

a) The project has been approved in principle for investment by the National Assembly or has been decided on in principle for investment in accordance with the provisions of the Law on Public Investment, the Law on Investment, the Law on Investment under the form of public-private partnership, and the Law on Petroleum.

b) Projects serving national defense and security; emergency projects as prescribed by law on emergency situations; sudden and urgent projects in the prevention and control of natural disasters, epidemics, and fires and explosions; power source and grid projects to ensure national energy security; urgent projects to solve problems arising in practice for which competent authorities decide on investment policies or approve investment policies or decide to approve investment projects.

c) Urgent projects on construction of essential socio-economic infrastructure: Projects on construction of traffic works, railways; irrigation projects; freshwater reservoir projects; projects on restoration of revolutionary relics, projects on restoration of historical - cultural relics which are national relics, special national relics for which competent authorities decide on investment policies or approve investment policies or decide to approve investment projects according to the provisions of the Law on Public Investment, Law on Investment under the public-private partnership (PPP) method.

Conditions for temporary use of forests

Decree 227/2025/ND-CP stipulates the conditions for projects to temporarily use forests: There must be a temporary forest use plan approved by competent authorities, except in cases where planted forests are production forests owned by organizations, households, individuals, and communities, in which case there is no need to develop a temporary forest use plan.

Conditions for approval of temporary forest use plan

Decree 227/2025/ND-CP amends the conditions for approving temporary forest use plans as follows:

a- There is a project that is allowed to temporarily use the forest and the competent authority has decided on the investment policy or approved the investment policy or decided to approve the investment project according to the provisions of the Law on Public Investment, the Law on Investment under the public-private partnership method, the Investment Law, and the Law on Petroleum;

b- In case the project involves both changing the purpose of forest use to another purpose and temporary use of forest, there must be a decision on the policy of changing the purpose of forest use to another purpose (for the area of forest use changed). In case the project does not change the purpose of forest use to another purpose but temporarily uses forest, there must be a decision on investment policy or approval of investment policy or decision on approval of investment project;

c- Only allow temporary use of forests in cases where the project is required to use the forested area because it cannot be arranged on other land areas. Minimize the area of temporary use of forests and cut down forest trees within the area of temporary use;

d- The area of temporary forest use must be investigated and evaluated for its current status, reserves, and impacts of temporary forest use on the forest ecosystem. The impacts on the forest, reforestation, and forest restoration must be fully and specifically stated in the Temporary Forest Use Plan;

d- The temporary forest use period must be clearly defined in the document requesting the decision to approve the Temporary Forest Use Plan; it must not exceed the project implementation period;

e- Do not temporarily use forests in strictly protected areas of special-use forests, forest areas with rare and endangered forest plants; do not take advantage of temporary use of forests to cut down, destroy forests, hunt wild animals, exploit and transport timber and forest products in violation of the law, legalize illegally exploited timber and forest products; do not bring waste, toxic chemicals, explosives, flammable substances, flammable substances, tools and vehicles into forests in violation of the law; do not build, dig, dig, build dams, block natural flows and other activities that change the structure of the natural landscape, destroy forest resources, forest ecosystems, forest protection and development works;

g- Reforestation must be carried out during the nearest forest planting season in the locality but no later than 12 months from the end of the temporary forest use period as determined in the Temporary Forest Use Plan approved by the competent authority; ensuring that the restored forest area meets the criteria for forest establishment according to the provisions of forestry law.

Authority to decide and approve the Temporary Forest Use Plan

According to the new regulations in Decree 227/2025/ND-CP, the Chairman of the Provincial People's Committee decides to approve the Plan for temporary use of forests to implement temporary construction items serving the construction of projects that are temporarily used for socio-economic development for national and public interests. In cases where the area of temporarily used forest is under the management of forest owners who are units under ministries, branches, and defense sectors, the Chairman of the Provincial People's Committee shall issue a document to obtain opinions from the managing ministry, branch, and the Ministry of National Defense and shall only approve it when there is agreement from the managing ministry, branch, and the Ministry of National Defense.

Application for approval

The application for temporary forest use approval includes:

a- Document requesting approval of the temporary forest use plan or adjustment of the temporary forest use plan of the project investor according to the form in Appendix I issued with this Decree;

b- A copy of the decision on the project's policy to change the purpose of forest use to another purpose or a copy of the decision on the project's policy to change the purpose of forest use to another purpose. In case the project does not change the purpose of forest use to another purpose, a copy of the investment policy decision or investment policy approval or investment project approval decision is required;

c- Original explanatory report and map of the current forest status of the proposed temporary use area. The explanatory report shows the location (lot, compartment, sub-area; administrative place name), forest area by forest type (special-use forest, protection forest, production forest), origin (natural forest, planted forest), reserves, tree species for planted forest; Map (current forest status of the proposed temporary use area at a scale of 1/5,000 clearly shows the location (lot, compartment, sub-area; administrative place name), scope, and boundary of the proposed temporary use forest;

d- Temporary forest use plan or adjustment of temporary forest use plan prepared by the investor according to the Form in Appendix II issued with this Decree.

Procedures for approving temporary forest use plans

Decree 227/2025/ND-CP stipulates that the Project Investor shall submit a written request for approval of the Temporary Forest Use Plan or adjustment of the Temporary Forest Use Plan directly or via postal service or electronically 01 set of documents as prescribed to the Department of Agriculture and Environment.

In case the dossier is invalid, within 03 working days from the date of receipt of the dossier, the Department of Agriculture and Environment shall respond in writing and state the reasons.

Within 07 working days from the date of receiving valid dossiers, the Department of Agriculture and Environment shall: check and verify the explanatory report and map of the current forest status of the proposed area for temporary forest use and organize the appraisal of the Temporary Forest Use Plan or adjust the Temporary Forest Use Plan; submit to the Chairman of the Provincial People's Committee for consideration and decision to approve the Temporary Forest Use Plan or adjust the Temporary Forest Use Plan.

In case the temporary forest area is under the management of forest owners who are units under ministries and branches, within 3 working days from the date of receiving the report and documents from the Department of Agriculture and Environment, the Provincial People's Committee shall seek opinions from the managing ministry or branch.

Within 05 working days from the date of receiving the dossier for comments from the Provincial People's Committee, the competent ministry or branch shall send its written comments to the Provincial People's Committee.

Within 05 working days from the date of receiving the comments of the competent ministries and branches, the Chairman of the Provincial People's Committee shall consider and decide to approve the Temporary Forest Use Plan or adjust the Temporary Forest Use Plan according to the Form in Appendix III issued with this Decree. In case of disapproval, the Chairman of the Provincial People's Committee shall reply in writing and state the reasons.

In case the temporary forest area is in a national defense area, within 3 working days from the date of receiving the report and documents from the Department of Agriculture and Environment, the Provincial People's Committee shall consult the Ministry of National Defense.

Within 05 working days from the date of receiving the dossier for comments from the Provincial People's Committee, the Ministry of National Defense shall send its written comments to the Provincial People's Committee.

Within 05 working days from the date of receiving the opinion of the Ministry of National Defense, the Chairman of the Provincial People's Committee shall consider and decide to approve the Temporary Forest Use Plan or adjust the Temporary Forest Use Plan according to the Form in Appendix III issued with this Decree. In case of disapproval, the Chairman of the Provincial People's Committee shall reply in writing and state the reasons.

In cases where it is not necessary to seek opinions from the relevant ministries, branches, or the Ministry of National Defense, within 05 working days from the date of receipt of the Submission and dossier from the Department of Agriculture and Environment, the Chairman of the Provincial People's Committee shall consider and decide to approve the Temporary Forest Use Plan or adjust the Temporary Forest Use Plan according to the Form in Appendix III issued with this Decree. In case of disapproval, the Chairman of the Provincial People's Committee shall reply in writing and state the reasons.

Decree 227/2025/ND-CP takes effect from August 16, 2025. Decree No. 27/2024/ND-CP dated March 6, 2024 of the Government amending and supplementing a number of articles of Decree No. 156/2018/ND-CP dated November 16, 2018 of the Government detailing a number of articles of the Forestry Law ceases to be effective from August 16, 2025.

* According to the Ministry of Agriculture and Environment, the temporary use of forests has been regulated in Decree No. 27/2024/ND-CP dated March 6, 2024 of the Government. However, the subjects allowed to temporarily use forests are only regulated on temporary use of forests to carry out temporary works serving the construction of power grid projects for socio-economic development for national and public interests; there are no regulations on subjects temporarily using forests for key national "Road and railway" projects for socio-economic development for national and public interests.

Based on the above reasons, to ensure the construction progress of two important national railway projects (the North-South high-speed railway project and the Lao Cai-Hanoi-Hai Phong railway), the development of Decree No. 227/2025/ND-CP to supplement regulations on subjects allowed to temporarily use forests to serve the construction of road and railway projects is very necessary.

The promulgation of the Decree aims to specify the provisions of the Forestry Law on Forest Management Regulations for implementation and application in practice; to resolve issues arising in practice, contributing to the completion of the legal system on forestry; to properly perform the tasks assigned by the National Assembly...

Phuong Nhi

Source: https://baochinhphu.vn/bo-sung-quy-dinh-ve-tam-su-dung-rung-de-thi-cong-cac-du-an-cap-thiet-102250816194409737.htm