According to Decree 27, temporary use of forests is the use of forests to carry out the construction of temporary works serving the construction of power grid projects for economic and social development for national and public benefits according to the provisions of Decree 27. laws on construction, electricity and other relevant laws, but do not change the forest use purpose to another purpose for the temporarily used forest area.
Conditions for approval of temporary forest use plans:
1. There is a power grid project for economic and social development for national and public benefits that has been decided by a competent authority on the investment policy, or approved the investment policy, or decided to approve the project Investment according to the provisions of law on public investment, investment in the form of public-private partnership, investment.
2. In case the project includes both conversion of forest use purposes to other purposes and temporary use of forests, there must be a decision on the policy of converting the forest use purpose to other uses (for the area where the purpose is changed). forest use).
In case the project does not change the forest use purpose to another purpose, but does temporarily use the forest, there must be a decision on investment policy, or approval of investment policy, or decision to approve the investment project.
3. Temporary use of forests is only allowed in cases where the project is required to use a forested area because it cannot be located on other land areas. Minimize the area of temporarily used forest and cut down forest trees within the area of temporary use (do not cut down forest trees with a diameter of 20 cm or more in positions from the ground to positions 1.3 m of the trunk).
4. The area of temporary use must be investigated and evaluated for its current status, reserves, and impacts of temporary use of the forest on the forest ecosystem. The content of impacts on forests, reforestation, and forest restoration must be fully and detailedly expressed in the temporary forest use plan.
5. The temporary use period of the forest must be clearly defined in the written request for decision to approve the temporary forest use plan (not to exceed the project implementation period).
6. Do not temporarily use forests in strictly protected areas of special-use forests, forest areas containing endangered and rare forest plant species. Do not take advantage of the temporary use of forests to cut or deforest, hunt forest animals, exploit or transport wood and forest products against the law, or legalize illegally exploited wood and forest products. Do not bring waste, toxic chemicals, explosives, flammable substances, tools, or vehicles into the forest contrary to the provisions of law. Do not build, dig, excavate, dam, block natural flows and other activities contrary to the law that change the natural landscape structure, destroy forest resources, forest ecosystems, and structures. protect and develop forests.
7. Reforestation is carried out immediately during the most recent afforestation season in the locality, but no more than 12 months (calculated from the end of the temporary forest use period in the approved temporary forest use plan); ensure that the restored forest area meets the criteria for becoming a forest according to the provisions of forestry law.
Authority to decide and procedures for approving temporary forest use plans:
- The Chairman of the Provincial People's Committee decides to approve the plan to temporarily use forests to carry out temporary works to serve the construction of power grid projects for economic and social development for national and public benefits. In cases where the temporarily used forest area falls under the management of the forest owner (which are units under ministries and branches), the Chairman of the Provincial People's Committee shall issue a document to seek opinions from the managing ministry and branch and only approve it. approved when approved by the governing ministry or branch.
- The project investor must send 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 via the electronic environment. prescribed documents to the Department of Agriculture and Rural Development.
- In case the dossier is invalid, within 3 working days (from the date of receiving the dossier), the Department of Agriculture and Rural Development will respond in writing and clearly state the reason.
Within 7 working days (from the date of receiving a valid dossier), the Department of Agriculture and Rural Development must check and verify the explanatory report and forest status map of the area proposed for temporary use. forest use and organize appraisal of the Plan for temporary use of forests, or adjust the Plan to submit to the Provincial People's Committee for consideration and decision for approval.
In case the temporarily used 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 Rural Development), the Provincial People's Committee collects opinions from the governing ministries and branches. Documents for consultation include: Written request from the Provincial People's Committee, appraisal report and prescribed documents.
Within 5 working days (from the date of receiving the dossier for comments from the Provincial People's Committee), the governing ministry or branch shall send written opinions to the Provincial People's Committee.
Within 5 working days (from the date of receiving comments from the governing ministry or branch), the Chairman of the Provincial People's Committee shall consider and decide to approve the temporary use plan.
Source: Nang Luong Viet Nam
