On July 18, 2024, the Government issued Decree No. 91/2024/ND-CP ("Decree 91") amending Decree No. 156/07/2024 ("Decree 156"), which provides guidance on the 2017 Law on Forestry. The changes and additions in Decree 91 aim to enhance the efficiency of state management of forestry, forest protection, and natural resource conservation. Here are some noteworthy points in Decree 91:
1. Projects such as industrial parks, industrial clusters, and eco-tourism, resort, and recreational projects are subject to conversion of natural forest use purposes to other purposes.
Previously, the 2017 Forestry Law restricted the "conversion of natural forest use to other purposes." Only national important projects, projects serving national defense and security, or urgent projects approved by the Government were allowed to do this.
It wasn't until the Land Law of 2024 that lawmakers expanded the scope of projects eligible for the conversion of natural forest use based on criteria set by the Government.
Accordingly, Decree 91 has added projects that can change the use purpose of natural forests to other purposes, including:
a, Projects under the jurisdiction of the National Assembly to decide or approve investment policies according to the laws on Investment, Public Investment, and Public-Private Partnership Investment.
b, Projects serving national defense and security.
c, Other urgent projects:
- Emergency projects as stipulated by law on emergencies; urgent projects in disaster, disease, fire, and explosion prevention and control; urgent projects to address practical issues according to the decisions of the National Assembly, Government, and Prime Minister.
- Urgent projects for the construction of essential socio-economic infrastructure (projects on transportation, irrigation; freshwater reservoir projects, waste treatment projects on islands); power source projects, electricity grid projects to ensure national energy security and socio-economic development; projects to restore revolutionary relics, projects to restore national and special national historical-cultural relics; infrastructure development projects for industrial parks and clusters; mineral exploration and exploitation projects licensed by the Ministry of Natural Resources and Environment according to mineral laws; mineral exploitation projects for common construction materials; eco-tourism, resort, and entertainment projects.
- Projects approved or decided by the Prime Minister for investment policy or project approval.
- Projects listed in points b and c above will not convert the use purpose of natural forests in the strictly protected areas of special-use forests; will not convert the use purpose of natural forests in the planning of special-use forests and protection forests for mineral activities.
- Other cases not falling under the criteria in points a, b, and c above, the Provincial People's Committee will submit written proposals to the Ministry of Agriculture and Rural Development for the Prime Minister's consideration and approval.
2. Strict management of planning and construction of works serving eco-tourism, resorts, and entertainment projects in forests
Compared to the old regulations in Decree 156, Decree 91 provides more stringent and detailed regulations on the planning and approval of eco-tourism, resort, and entertainment projects in forests (special-use or protection forests). Particularly, for construction works serving eco-tourism, resorts, and entertainment in forests, Decree 91 clearly stipulates each type of work that is allowed to be constructed in harmony with the environment and current forest conditions.
Furthermore, these construction works, when built and used, must comply with the following specific principles:
a, No negative impact on the objectives of nature conservation, biodiversity, and no forest destruction; construction works must be based on nature, harmonious with natural landscapes, and encourage the use of environmentally friendly materials;
b, Not losing the state's ownership rights over forests, natural resources on the surface and underground;
c, Not affecting national defense, security, scenic spots, and historical-cultural relics;
d, The project owner is responsible for protecting, conserving, and developing forest resources in the area where eco-tourism, resort, and entertainment activities are organized; subject to the guidance, inspection, and supervision of the forest owner.
The issuance of construction permits and the management of construction order for works serving eco-tourism, resorts, and entertainment under eco-tourism, resort, and entertainment projects must comply with construction laws and the provisions of Decree 91.
Decree 91/2024/ND-CP takes effect from July 18, 2024, and replaces Decree No. 83/2020/ND-CP dated July 15, 2020.
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