The new regulations on temporary use of forests for power grid project construction

On 6/3/2024, the Government has just issued Decree No. 27/2024/ND-CP amending and supplementing a number of articles of Decree No. 156/2018/ND-CP dated November 16, 2018 of the Government detailing the implementation of a number of articles of the Forestry Law.

According to the new Decree, temporary use of forests is only allowed in case the project is required to use a forested area because it cannot be located on other land areas. Specifically: 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 socio-economic development for national and public benefits according to the provisions of law on construction, electricity and other relevant laws but not changing the forest use purpose to another purpose for the temporarily used forested area.

The Decree No. 27/2024/ND-CP clearly states that when approving the temporary forest use plan, the project must meet the following conditions: Have a power grid project for socio-economic development for the benefit of the Nation and the public that has been decided on the investment policy or approved the investment policy or decided to approve the investment project according to the provisions of law on public investment, investment in the form of public-private partnership.

In case the project includes both conversion of forest use purpose 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 forest use purpose is changed). 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 on approval of investment project.

The temporary use of forests is only allowed in case the project is required to use forested areas because it cannot be located on other land areas. To 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 20cm or more from the ground to 1.3m of the trunk).

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.

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 more than the project implementation time.

Do not temporarily use forests in strictly protected areas of special-use forests, forested areas containing endangered and rare forest plant species; do not take 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; do not bring waste, toxic chemicals, explosives, flammable substances, tools, and 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 works to protect and develop forests.

Reforestation is 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; ensure that the restored forest area meets the criteria for becoming a forest according to the provisions of forestry law.

Regarding the authority to decide to approve the plan for temporary use of forests: Chairman of the Provincial-level People's Committee decides to approve the plan for temporary use of forests to carry out temporary work items serving the construction of power grid projects to socio-economic development for national and public benefits. In case the temporarily used forest area is under the management of forest owners who are units under ministries and branches, the Chairman of the Provincial-level People's Committee shall send a document to seek opinions from the managing ministry and branch and only approve when it is approved by the governing ministry or branch.

The Decree also regulates the exploitation of forest products and reforestation. Specifically: Forest exploitation on temporarily used forest areas shall comply with the regulations on exploitation of forest products of the Minister of Agriculture and Rural Development on management and traceability of forest products.

The project owner is responsible for replanting the forest after temporarily using the forest. Reforestation and forest acceptance are carried out in accordance with the regulations of the Minister of Agriculture and Rural Development on silvicultural measures; on investment management of silvicultural works; for natural forests, only reforestation with native trees is allowed.

The Provincial-level People's Committee: To take responsibility for the content of the decision approving the forest temporary use plan and adjusting the forest temporary use plan; inspect the implementation of temporary forest use by organizations and project investors; take responsibility for violating the conditions for approval or adjustment of temporary forest use plans, for cutting, destroying, or losing forests, or for exploiting or transporting wood and forest products against the law, or for making changes to the natural landscape structure of the forest ecosystem due to the implementation of the temporary forest use plan; periodically before December 31 every year, report the results of temporary forest use to the Ministry of Agriculture and Rural Development.

To direct forestry agencies in the province to guide and inspect investors and forest owners in the process of implementing the approved temporary forest use plan, inspect reforestation, and evaluate and accept the results of reforestation after temporary use of the forest.

This Decree takes effect from March 6, 2024.