What types of forests are allowed to be liquidated, and what is the process for liquidating planted forests?

Deputy Prime Minister Tran Hong Ha has just signed and issued Decree No. 140/2024/ND-CP dated October 25, 2024 of the Government regulating the liquidation of planted forests. This Decree takes effect from October 25, 2024.

According to the provisions of Decree No. 140/2024/ND-CP, planted forests are liquidated due to the impact of natural disasters according to the provisions of the law on natural disaster prevention and control, including: storms, tropical depressions, strong winds at sea, whirlwinds, lightning, heavy rain, floods, flash floods, inundation; landslides, land subsidence due to rain, floods or water flows or drought; rising water, saltwater intrusion, heat, drought, natural forest fires, cold, hail, fog, frost, earthquakes, tsunamis and other types of natural disasters, incidents, catastrophes or due to pests, diseases and other organisms that harm forests.

The liquidation of planted forests must comply with the provisions of the law on forestry; the law on public investment management and the law on management and use of public assets. The liquidation of planted forests must be carried out in a timely manner, avoiding loss and waste of funds and assets. The liquidation of damaged planted forest areas must be carried out and full legal documents must be ensured according to the provisions of the law, and the forest must be restored after liquidation.

The authority to decide on liquidation of planted forests belongs to the minister or head of a central agency for forest areas under the management of the ministry or central agency. The provincial People's Council shall stipulate the authority to decide on liquidation of planted forests under the management of the locality.

Forms of forest liquidation are as follows: Cutting down and cleaning forests with no forest product value; selling exploited forest products with valuable forest products.

Forest areas damaged by natural disasters and storms and floods can be liquidated according to the provisions of Decree No. 140/2024/ND-CP dated October 25, 2024 of the Government. In the photo: A forest area destroyed by storm Yagi . Photo: Quynh Huong.

The dossier for liquidating planted forests includes: Document requesting liquidation of planted forests; Plan for liquidating planted forests; Minutes of on-site inspection, determining causes and damage to planted forests; Copies of design documents, forest planting estimates; Copy of approval decision (project, topic...) of competent state agencies; Copy of annual volume acceptance minutes; Copy of annual financial report.

The order and procedures for liquidating planted forests are as follows: Make a record of the field inspection (within 3 working days from the end date of the natural disaster or epidemic.

Within 5 working days from the date of receipt of the request, the district-level professional agency shall conduct a field inspection to determine the cause and extent of damage to the planted forest. The results of the field inspection shall be recorded in a record.

Organizations with planted forests requesting to liquidate planted forests shall submit a set of documents as prescribed. The documents may be submitted directly: the agency receiving the documents shall check the documents and immediately respond to the organization regarding the completeness and validity of the documents within no more than 01 working day. In case of submitting documents via postal service: within no more than 03 working days from the date of receipt of the documents, the agency receiving the documents shall review the completeness and validity of the documents; in case the documents are not complete or valid according to the law, the agency receiving the documents shall notify the organization in writing and state the reasons.

Within 30 days from the date of receiving a complete and valid dossier, the dossier receiving agency shall perform the tasks as prescribed and submit to the competent authority for decision on liquidation of planted forests.

In case the planted forest does not meet the conditions for liquidation, the competent authority deciding to liquidate the planted forest shall respond in writing to the organization and clearly state the reasons.

After receiving a complete and valid dossier, the dossier receiving agency shall submit it to the competent authority deciding on the liquidation of planted forests to establish a Forest Liquidation Appraisal Council.

After receiving the minutes of the Appraisal Council meeting, the agency receiving the dossier shall prepare a report on the results of the appraisal of the liquidation of planted forests.

After completing the procedures, the organization with the liquidated planted forest shall liquidate the planted forest according to the liquidation decision issued by the competent authority. Carry out exploitation in accordance with the provisions of the law on forestry. In case of selling forest products from exploitation, it shall be carried out in accordance with the provisions of the law on property auction. After the organization liquidates the planted forest, the organization with the planted forest shall be liquidated.

Decree No. 140/2024/ND-CP also stipulates that the Ministry of Agriculture and Rural Development shall guide and inspect the liquidation of planted forests; direct relevant agencies under its management to liquidate planted forests; manage planted forest land after forest liquidation in accordance with the provisions of the law on land and forestry; organize reforestation immediately in the next forest planting season; inspect and handle according to its authority violations or complaints and denunciations related to the liquidation of planted forests.

The provincial People's Committee is responsible for directing the agencies of agriculture and rural development, finance, natural resources and environment; the district People's Committee and other relevant agencies to carry out the liquidation of planted forests; manage planted forest land after forest liquidation according to the provisions of the law on land and forestry; organize reforestation immediately in the next forest planting season; inspect and handle according to their authority violations or complaints and denunciations according to the provisions of law.

Source: https://danviet.vn/loai-rung-nao-duoc-phep-thanh-ly-quy-trinh-thanh-ly-rung-trong-nhu-the-nao-20241027154618574.htm