What types of forests are permitted to be cleared, and what is the procedure for clearing planted forests?

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

According to Decree No. 140/2024/ND-CP, planted forests are liquidated due to the impact of natural disasters as stipulated by the law on disaster prevention and control, including: storms, tropical depressions, strong winds at sea, tornadoes, lightning, heavy rain, floods, flash floods, inundation; landslides, land subsidence due to rain, floods or runoff or drought; storm surges, saltwater intrusion, heatwaves, droughts, natural forest fires, severe cold, hail, fog, frost, earthquakes, tsunamis and other types of natural disasters, incidents, catastrophes or due to pest, disease and other organisms harming the forest.

The liquidation of planted forests must comply with the regulations of the law on forestry; the law on public investment management; and the law on the management and use of public assets. The liquidation of planted forests must be carried out promptly, avoiding loss and waste of funds and assets. Liquidation must be carried out for damaged planted forest areas, ensuring that all legal documents are complete as required by law, and forest restoration must be implemented after liquidation.

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

The methods for liquidating planted forests are as follows: cutting down and clearing the forest for planted forests with no timber value; selling harvested timber for planted forests with timber value.

Areas of forest damaged by natural disasters, storms, and floods may be liquidated according to the regulations in Government Decree No. 140/2024/ND-CP dated October 25, 2024. (In the photo: An area of ​​forest devastated by Typhoon Yagi . Photo: Quynh Huong.)

The dossier for the liquidation of planted forests includes: A written request for the liquidation of planted forests; A plan for the liquidation of planted forests; A field inspection report determining the cause and extent of damage to the planted forests; Copies of the forest planting design and cost estimate; Copies of the approval decision (project, research topic, etc.) from the competent state agency; Copies of the annual volume acceptance report; Copies of the annual financial statements.

The procedure for liquidating planted forests is as follows: Prepare a site inspection report (within 3 working days from the end of the natural disaster or epidemic).

Within five working days of receiving the request, the specialized agency at the district level 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 report.

Organizations with planted forests requesting the liquidation of planted forests must submit one set of documents as prescribed. Documents can be submitted directly: the receiving agency will check the documents and immediately respond to the organization regarding their completeness and validity within no more than one working day. If documents are submitted via postal service: within no more than three working days from the date of receipt, the receiving agency will review the completeness and validity of the documents; if the documents are incomplete or invalid according to legal regulations, the receiving agency will notify the organization in writing, stating the reasons.

Within 30 days of receiving a complete and valid application, the receiving agency shall perform the prescribed tasks and submit the application to the competent authority for a decision on the liquidation of the planted forest.

If the planted forest does not meet the criteria for liquidation, the competent authority deciding on the liquidation of the planted forest shall provide a written response to the organization, stating the reasons.

After receiving a complete and valid application, the receiving agency submits it to the competent authority for a decision on the liquidation of planted forests and establishes a Forest Liquidation Appraisal Council.

After receiving the minutes of the Appraisal Council meeting, the agency receiving the application prepares a report on the results of the appraisal for the liquidation of planted forests.

After completing the procedures, the organization owning the liquidated plantation forest shall carry out the liquidation of the plantation forest according to the liquidation decision issued by the competent authority. They shall carry out salvage harvesting in accordance with the law on forestry. In the case of selling forest products from salvage harvesting, they shall comply with the law on auctioning assets. After the organization liquidates the plantation forest, the organization owning the liquidated plantation forest shall proceed with the liquidation.

Decree No. 140/2024/ND-CP also stipulates that the Ministry of Agriculture and Rural Development shall guide and inspect the implementation of forest plantation liquidation; direct relevant agencies under its management to carry out forest plantation liquidation; manage forest land after liquidation in accordance with the law on land and forestry; organize reforestation in the next planting season; inspect and handle, within its authority, cases of violations or complaints related to forest plantation liquidation.

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

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