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Repeal 44 administrative procedures for forest protection and development

Effective from 01/01/2019, Decree 156/2018 / ND-CP clearly stipulates policies on investment in forest protection and development, and annulled 44 administrative procedures, simple in time. solve some current administrative procedures.

Compared to the current regulations, Decree 156/2018 / ND-CP details the implementation of some articles of the Forest Law, specifying criteria for determining natural forests and planted forests according to three criteria coverage, area and area of forest trees corresponding to specific site conditions; Specific criteria of each type of special-use forest, protection forest and production forest.

At the same time, on the basis of inheriting the appropriate provisions of the current documents on the establishment of special-use forests and protection forests; Forest protection; forest exploitation; The decree stipulates a number of new contents such as clearly defining the State management responsibility for special-use forests and protection forests of the Ministry of Agriculture and Rural Development and provincial-level People’s Committees.

Activities of scientific research, teaching and internship in special-use forests, protection forests and production forests shall be decided by forest owners; There is no approval from the competent State agency as currently prescribed.

Forest owners are allowed to lease forests for tourism
Regarding the implementation of eco-tourism, convalescence and entertainment in special-use forests, protection forests and decrees, the specific contents of the scheme are specified. order and procedures for building, appraising, approving and organizing the implementation of the project of eco-tourism, convalescence and entertainment of forest owners; Forest owners are allowed to organize, link or lease forest environment in accordance with approved eco-tourism, recreation and entertainment projects.

Forest owners are allowed to lease forest environment for ecotourism, recreation and entertainment services at agreed prices, but not less than 1% of the total revenue earned in the year by the forest environment lessee in the area. renting forest environment; the lease period is 30 years, and the contract performance is assessed every 5 years.
Combined production of forestry, agriculture and fishery in protection forests and production forests is stipulated the ratio of the area of non-forest land to agricultural and fishery production in combination with the reality of each type of forest.

Repeal 44 administrative procedures for forest protection and development
Provisions on the order and procedures for closing and opening natural forests include the basic contents of a scheme on closing or opening natural forests; order of closing or opening natural forest of Prime Minister and Chairman of provincial People’s Committee; announced the decision to close and open the natural forest.
The order and procedures for forest allocation, forest lease, change of forest use purpose to other purposes, forest recovery are carried out uniformly, synchronously with land allocation, land lease, land use purpose change and collection. land acquisition in accordance with land law. This is a fundamental change compared to the current regulations, reducing the regulations on administrative procedures in this area, creating favorable conditions for organizations, households, individuals and communities when perform these activities

The Decree also has new provisions on the order and procedures for deciding the policy of changing forest use purposes to other purposes according to the deciding competence of the National Assembly, the Prime Minister and provincial People’s Councils.
Compared to the current administrative procedures under the scope of the Decree 156/2018 / ND-CP, the Decree abolished 44 administrative procedures, of which 13 were at the central level; 22 administrative procedures at provincial level; 7 administrative procedures at district level; 2 communes.
Replace 4 administrative procedures, including 2 central administrative procedures, 2 provincial administrative procedures
Newly issued 8 administrative procedures (4 administrative procedures at central level, 4 administrative procedures at provincial level); 3 administrative procedures comply with the law on land.
Simultaneously, it is easy to solve administrative procedures from 28.5 working days to 15 working days for 2 administrative procedures on exemption and reduction of payment for forest environmental services.

Supplement some new forest environment services
Another notable point of Decree 156/2018 / ND-CP is the provision of specific types of new forest environmental services such as hydropower production facilities; industrial production facilities; aquaculture establishments; production and business activities causing large greenhouse gas emissions.
In particular, for organizations and individuals engaged in production and business activities causing large greenhouse gas emissions to the Ministry of Agriculture and Rural Development to organize the pilot until the end of 2020, summarize and submit to the Government detailing objects, forms of payment, levels of payment, management and use of payments for forest carbon sequestration and storage services

Accordingly, the level of payment for forest environmental services is specified, for hydroelectricity production facilities is 36 VND / kWh of commercial electricity; clean water production and supply establishments are VND 52 / m3 of commercial water; industrial production facilities that use water from water sources are 50 VND / m3; organizations and individuals dealing in eco-tourism, convalescence and entertainment services must be at least equal to 1% of the total turnover made in the period; Aquaculture enterprises or enterprises affiliated with aquaculture households and individuals must be at least 1% of the total turnover made in the period.
When the electricity and water retail prices fluctuate by 20% on average, the Ministry of Agriculture and Rural Development submits to the Government the decision to adjust the corresponding levels of forest environmental services.
At the same time, this Decree specifies regulations on management and use of forest environmental services, and does not have to look up many legal documents as currently.

Concretize policies on investment in forest protection and development
Regarding the Forest Protection and Development Fund, concretizing the provisions of the Forest Law, the Decree affirmed that the Fund is “organized and operated under the type of public non-business units”.
Therefore, the Decree clearly defines the tasks and organizational structure of the Vietnam and provincial forest protection and development funds; organizational structure of the Fund at all levels; the relationship between the central fund and the provincial fund.
Specific provisions on the Fund’s financial sources; financial management and use of the Fund; supplement regulations on program and project management and non-project activities supported by the Fund;
Regarding investment policies on forest protection and development, the Decree has concretized on investment policies such as protection and development of special-use forests and protection forests; protect and rescue endangered, precious and rare forest plants and animals; study and apply the results of scientific research, technology development and human resource training to serve the state management of forestry … Policies to support investment in high technology transfer and advanced technology , new technology, forestry extension and certification of sustainable forest management; developing infrastructure associated with development investment and trading of production forests according to the value chain; … Investment incentive policies..

Regulate programs, projects and activities of forest protection, development, processing and trade of forest products invested, supported by investment and investment incentives according to the current policies continued until the Government and Prime Minister issues new policies, including: Policies stipulated in Decree 75/2015 / ND-CP; Decree 168/2016 / ND-CP; Decree 119/2016 / ND-CP; Decree 55/2015 / ND-CP; Decree 57/2018 / ND-CP; Decision 24/2012 / QD-TTg; Decision 07/2012 / QD-TTg (except for Clauses 2, 3, 4 and 5 Article 3); Decision 38/2016 / QD-TTg.
Decree 156/2018 / ND-CP takes effect at the same time the Forest Law takes effect to ensure that the Law is implemented and applied effectively in life.

Collected by Hoang Van Tuan

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