Decree 27/2024/ND-CP clearly states that when approving the plan of temporary forest use, the project must meet the following criteria:
Being power grid projects for socio-economic development for national and public benefits, obtained decisions from competent authorities on deciding investment policy or approving investment policy or deciding approval of investment project according to legal provisions on public investment, public-private partnership investment.
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In case the project requires both conversion of forest use 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 being converted for the forest use purpose). In case the project does not require conversion of forest use purpose, but does temporarily use the forest, there must be a decision on investment policy or approval of investment policy or decision on approval of investment project.
Temporary use of forests is only allowed in cases where the project is required to use forested areas due to the inability to be located on other land areas. Minimizing the area of temporary use of forest and felling of forest trees within the area of temporary use (do not cut down forest trees with a diameter of 20 cm or more at a position from the ground to 1.3 m of the trunk).
The area of temporary use must be investigated and evaluated for its status, reserves, and impacts of temporary use of the forest on the forest ecosystem. The impacts on forests, reforestation, and forest restoration must be fully and detailly expressed in the temporary forest use plan.
The temporary use period of the forest must be clearly defined in the written request for decision to approve the temporary forest use plan; no longer than the project implementation duration.
Not temporarily using forests in strictly protected areas of special-use forests, forest areas containing endangered and rare forest plant species; Not taking advantage of the temporary use of forests to cut, deforest, hunt forest animals, exploit and transport wood and forest products against the law, and legalize illegally exploited wood and forest products; Not bringing waste, toxic chemicals, explosives, flammable substances, tools, and vehicles into the forest contrary to the provisions of law; Not building, digging, excavating, dam building, blocking natural flows and other activities contrary to the law that change the natural landscape structure, destroy forest resources, forest ecosystems, and forest protection and development structures.
Reforestation must be carried out immediately during the most recent afforestation season in the locality, but no more than 12 months from the end of the temporary forest use period in the approved temporary forest use plan; ensuring that the restored forest area meets the afforesting criteria according to the provisions of forestry law.
The Decree also stipulates that the Chairman of the Provincial People's Committee decides to approve the plan of temporarily using forests to carry out temporary works to serve the construction of power grid projects for socio-economic development for national and public benefits. In case the temporarily used forest area is under the management of forest owners who are under ministries and agencies, the Chairman of the Provincial People's Committee shall send a document to seek opinions from the line ministry or agency, and only approve the plan upon the agreement of the line ministry or agency.
This Decree takes effect from March 6, 2024.