Circular 21/2016/TT-BNNPTNT providing for the main exploitation full utilization full collection of forest products đã được thay thế bởi Circular 27/2018/TT-BNNPTNT on management and tracing of forest products và được áp dụng kể từ ngày 01/01/2019.
Nội dung toàn văn Circular 21/2016/TT-BNNPTNT providing for the main exploitation full utilization full collection of forest products
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT | SOCIALIST REPUBLIC OF VIETNAM |
No.: 21/2016/TT-BNNPTNT | Hanoi, 28 June 2016 |
CIRCULAR
PROVIDING FOR THE MAIN EXPLOITATION, FULL UTILIZATION AND FULL COLLECTION OF FOREST PRODUCTS
Pursuant to the Law on Forest Protection and Development 2004;
Pursuant to the Decree No. 199/2013/ND-CP dated 26/11/2013 of the Government defining the functions, duties, power and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Decree No. 23/2006/ND-CP dated 03/03/2006 of the Government on implementation of the Law on Forest Protection and Development;
Pursuant to the Decree No. 117/2010/ND-CP dated 24/12/2010 of the Government on management of special use forest system;
Pursuant to the Decision No. 17/2015/QD-TTg dated 09/6/2015 of the Prime Minister on issuing the Regulation on management of protection forest;
At the request of the Direct General of Vietnam Administration of Forestry;
The Minister of Agriculture and Rural Development issues this Circular providing for the main exploitation, full utilization and full gather of forest products:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. Scope of regulation
This Circular provides for the main exploitation and full utilization and full collection of wood and non-wood forest products in natural forests, planted forests and types of plant not included in the planning for forestry with names identical with wood species and non-wood forest products.
2. Subjects of application
a) Forest owners are the organizations, family households, individuals and residential communities that are allocated, leased land and forest by the State for long-term and stable use for forestry purpose according to the provisions of the Law on Forest Protection and Development.
b) Foreign and domestic organizations and individuals pertaining to the exploitation, full utilization and full collection of wood and non-wood forest products.
Article 2. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. Main exploitation of wood of natural forest means the logging of wood for timber is mainly for economic purposes while ensuring the stable development and use of forest determined in the scheme for sustain forest management according to the current regulations of State.
2. Wood exploitation for on-the-spot essential needs means the means the logging of wood for timber for direct use of building of houses and common works of residential communities of hamlets; for house building and essential needs of family households and individuals at place with forest according to the state regulations.
3. Full utilization of wood means the full utilization of wood during the implementation of silvicultural measures, scientific research and site clearance of projects upon conversion of forest use purposes.
4. Full collection of wood means the collection of fallen or dead trees due to natural disaster; burnt, rotten or dry wood and branches of wood remaining in forest.
5. Consultant means the competent and professional organizations which make surveys and design of forest trading.
6. Alternate exploitation of natural forest means the period of time between 02 times of successive main exploitation.
7. Main exploitation techniques with low impact mean the technical measures which are taken during wood exploitation in order to minimize the impacts on ecosystem and maintain the development process of forest.
8. Exploitation place means the name of lot, plot and forest sub-area with the name of hamlet, commune, district and province.
Article 3. Forest criteria for main exploitation and full utilization and full collection of wood and non-wood forest products
1. The forest area which is leased, allocated for management or used by the competent state body according to regulations of law or approved by the People’s Committee of provinces or centrally-run cities (hereafter referred to as the provincial-level People’s Committee).
2. Ensuring measures of reforestation and minimizing the negative effect on the ecosystem and forest protection capacity and complying with regulations of law on forest protection and development, environmental protection and biodiversity conservation.
Chapter II
SPECIFIC PROVISION
Section 1. MAIN EXPLOITATION, FULL UTILIZATION AND FULL COLLECTION
Article 4. Main exploitation of wood of natural forest
1. The main exploitation of wood of natural forest is only done for the forest owners who have the scheme for sustain forest management according to regulations of state and have certificate of sustainable forest management with the permission from the Prime Minister.
2. Types of forest for exploitation
The production forest is the natural forest not yet exploited or exploited and restored
a) The wood volume to be exploited:
Broadleaf evergreen forest from 150 m3/ha or more.
Broadleaf semi-deciduous forest from 130 m3/ha or more.
Dipterocarp forest from 110 m3/ha or more.
Boreal forest from 130 m3/ha or more.
Mixed bamboo-wood forest from 80 m3/ha or more.
b) The reserve of trees with exploitation diameter in the lot must be greater than 30% of the total reserve of that lot
c) The wood for main exploitation (except trees to be logged to make way for removal and transportation, wood yard) are the trees with the age of mature technology and depending on each type of tree, must reach the minimum diameter measured at the trunk position 1.3 m from the ground (abbreviated as D1,3m) as follows:
- Group I and II: 45 cm;
- Group III – VI: 40 cm;
- Group VII and VIII: 35 cm.
- Dipterocarp trees in leaf-shedding forest (dipterocarp forest) and Pyinkado, Talauma, Madhuca pasquieri: minimum diameter of 35 cm
3. Order and procedures for issuing exploitation permit
a) The forest owner shall prepare or hire a consultant to prepare dossier on exploitation design as guided in Circular No. 87/2009/TT-BNNPTNT dated 31/12/2009 of the Ministry of Agriculture and Rural Development on guiding the design of exploitation and wood selection of natural forest, send a dossier to the Department of Agriculture and Rural Development for approval and issue of exploitation permit. The Department of Agriculture and Rural Development shall write and return the receipt to the forest owner.
b) The dossier consists of: Request for issue of exploitation; documents of exploitation design; scheme for sustain forest management; Certificate of sustain forest management; written permission of the Prime Minister and other relevant documents.
c) Time limit for dossier settlement:
Within 03 working days after receiving dossier, if it is not valid, the receiving body shall inform the forest owner for prescribed addition.
Within 10 working days after receiving valid dossier, the Department of Agriculture and Rural Development shall approve it, issue the exploitation permit and return the result to the forest owner.
4. Wood exploitation and acceptance
a) The forest owner shall carry out the exploitation or sign contract with the unit which can apply the process of exploitation with low impact techniques; make full utilization of branches to be logged to make way for removal and transportation of wood.
b) After the wood is logged or topped off, the forest owner shall carry out the acceptance and write the ordinal number on the head of timber, measure and calculate volume and make a list of forestry products. The total volume of wood actually exploited in each forest lot compared with the total volume licensed for exploitation with maximum excess of 10%; if exceeding 10%, the forest owner shall report it to the Department of Agriculture and Rural Development to make actual inspection of proper logging of marked trees and carry out the acceptance for consumption or handle the violation according to regulations of law in case of improper logging of marked trees.
5. Forest management after exploitation
After the exploitation, the forest owner must take measures to manage, protect, nurture and enrich forest to restore the forest area as stipulated by the state.
Article 5. Exploitation of natural forest for on-the-spot essential needs of households, individuals and residential community of hamlets
1. Types of forest for exploitation
a) Forest leased or allocated by the State to the households, individuals and communities. b) Forest not yet leased or allocated by the State must be approved by the district People’s Committee and must meet the following criteria:
Broadleaf evergreen forest must have the reserve of over 120m3/ha;
Mixed bamboo-wood forest must have the reserve of over 70 m3/ha with at least 10 trees/ha reaching the diameter D1,3m from 30 cm or over.
2. Order and procedures for issuing exploitation permit
a) Before 30/11 of each year, the forest owners as households, individuals and communities of hamlets wishing to determine the volume of wood of natural forest to be exploited (a maximum of 10m2 round log/household) shall make ordinal number and a list of trees to be felled and send it to the People’s Committee of commune, ward or town (hereafter referred to as communal People’s Committee). The communal People’s Committee shall make a summary the volume of wood of natural forest of all communes to be felled and submit it to the district People’s Committee for approval before 31/12 of each year
b) Within 10 working days after receiving the report from the communal People’s Committee, the district People’s Committee shall issue the forest exploitation permit to each forest owner and send the result to the communal People’s Committee or document stating the reasons in case of failure to issue the permit.
c) Within 05 working days after receiving the result of permit issue or document stating reasons for failure to issue the permit from the district People’s Committee, the communal People’s Committee shall give a notice and hand over the exploitation permit to the households, individuals or communities for implementation.
3. Wood exploitation and acceptance
The households, individuals or communities shall fell the right number of tree and volume licensed and inform the communal People’s Committee for confirmation for use upon completion of exploitation.
Article 6. Main exploitation, full utilization and full collection of wood of planted forest in production forest and protection forest
1. Main exploitation, full utilization and full collection of wood of planted forest as production forest
a) The forest owner shall decide on the exploitation, full utilization and full collection of wood of planted forest concentrated in the production forest. In case of clearcut logging, reforestation must be done for the next planting season.
b) Before wood exploitation, full utilization and full collection, report in writing the competent authorities on the place, wood volume to be felled for summary, report, follow-up and monitoring during the exploitation and confirmation of wood origin upon circulation and consumption, particularly:
The forest owners as organizations shall send the list of forest products to the local Forest Management Unit or Forest Management Branch (in the areas without Forest Management Unit).
The forest owners as households, individuals and residential communities shall send the list of forest products to the communal People’s Committee.
c) Exploitation, full utilization, full collection and acceptance of forest products:
The forest owner shall carry out the exploitation, full utilization and full collection according to regulations; measure and calculate volume and make a list of forest products after exploitation, full utilization and full collection.
2. Main exploitation, full utilization and full collection of wood of planted forest in protection forest
a) The exploitation, full utilization and full collection of wood of protection forest shall comply with the provisions of Article 15 of the Regulation on management of protection forest issued with the Decision No. 17/2015/QD-TTg dated 09/6/2015 by the Prime Minister.
b) Order and procedures for exploitation, full utilization and full collection:
The forest owner can prepare or hire a consultant to prepare dossier on design of exploitation, full utilization and full collection and send it to the competent authorities, particularly:
The forest owners as organizations shall send 01 dossier directly to the Department of Agriculture and Rural Development, which writes and returns the receipt to the forest owner.
The forest owners as households shall send a dossier to the district People’s Committee, which writes and returns the receipt to the forest owner.
c) The dossier consists of: Request for issue of exploitation; documents of design of exploitation, full utilization and full collection.
d) Time limit for settlement:
Within 03 working days after receiving dossier, if it is not valid, the receiving body shall inform the forest owner for prescribed addition.
Within 10 working days after receiving valid dossier, the competent body shall issue the exploitation permit and return the result to the forest owner.
dd) Exploitation, full utilization, full collection and acceptance of forest products:
The forest owner shall carry out the exploitation, full utilization and full collection according to regulations; measure and calculate volume and make a list of forest products after exploitation, full utilization and full collection.
Article 7. Exploitation of rubber wood, forest garden wood, farm wood and scattered trees
a) The exploitation of rubber wood, forest garden wood, farm wood and scattered trees shall be decided by the organizations or individuals.
b) In case of required identification of wood origin, before exploitation, full utilization and full collection, report in writing to the communal People’s Committee on the place and volume of wood to be exploited for summary, report, follow-up and monitoring during the logging and confirmation of wood origin upon circulation and consumption;
Article 8. Full utilization of wood of natural forest
1. Subject
a) The wood in the forest area whose use purpose is converted to other purposes according to regulations of law.
b) The wood to be logged upon taking silvicultural measures (forest regeneration, nurturing, thinning, enriching, conversion of seed production area and reclamation for afforestation).
2. Condition:
a) Make full utilization of wood in the forest area whose use purpose is converted to other purposes:
The full utilization of wood must be based on the scheme for forest site clearance and compensation approved by the state competent authorities.
b) For the full utilization of wood upon application of silvicultural measures and scientific research:
The full utilization of wood shall be carried out after the silvicultural projects, training plans or outline of scientific research are approved by the competent authorities.
3. Order and procedures for full utilization
The organizations or individuals that are issued permit for full utilization shall measure and make a list of forest products and send it to the competent authorities for summary, report, follow-up and monitoring during the full utilization and confirmation of wood origin upon circulation and consumption, particularly:
a) The forest owners as organizations shall send the list of forest products to the local Forest Management Unit or Forest Management Branch (in the areas without Forest Management Unit).
b) The forest owners as households, individuals and residential communities shall send the list of forest products to the communal People’s Committee.
3. Full utilization and acceptance of wood
The forest owner shall make full utilization of wood under the scheme for site clearance and compensation or silvicultural projects, training plan and research proposal approved; the forest owner shall calculate the volume of wood fully used and make a list of forest products and inform the local Forest Management Unit to confirm the wood origin upon circulation and consumption.
Article 9. Full collection of wood of natural forest
1. Wood for full collection: Wood broken and fallen or died due to natural disaster; burnt or rotten dry wood and branches in production forest, protection forest and sub-area of administrative services of national parks, nature reserves and habitat/species management area.
2. Order and procedures for full collection
The forest owner shall verify, calculate and make a list of forest products fully gathered and send the list of forest products to the competent authorities for follow-up and monitoring during the full collection and confirmation of wood origin upon circulation and consumption, particularly:
a) The forest owners as organizations shall send the list of forest products to the local Forest Management Unit or Forest Management Branch (in the areas without Forest Management Unit).
b) The forest owners as households, individuals and residential communities shall send the list of forest products to the communal People’s Committee.
3. Full collection and acceptance of wood
The forest owners shall carry out the full collection in line with the list of forest products made and inform the local Forest Management Unit to know and confirm the origin upon circulation and consumption; during the course of full collection, the forest owners must not make new way for removal or transportation and must take measures to protect the forest according to regulations of law.
Section 2. EXPLOITATION, FULL UTILIZATION AND FULL COLLECTION NON-WOOD FOREST PRODUCTS
Article 10. Exploitation, full utilization and full collection non-wood forest products subject to endangered, rare and valuable species and species protected with priority according to regulations of law in the production forest and protection forest
1. The exploitation, full utilization and full collection non-wood forest products of endangered, rare and valuable species and species protected with priority must be done according to the provisions in the Decree No. 32/2006/ND-CP dated 30/3/2006 of the Government on management of endangered, rare and valuable plants and animals; Decree No. 160/2013/ND-CP dated 12/11/2013 of the Government on criteria for determining the species and regulation on management of species specified in the list of endangered, rare and valuable species that are protected with priority; Decision No. 17/2015/QD-TTg dated 09/6/2015 of the Prime Minister issuing the Regulation on management of protection forest.
2. Order and procedures for exploitation, full utilization and full collection
a) The forest owner shall verify and make a list of forest products for exploitation, full utilization and full collection and specify the volume and types of forest products and place of exploitation, full utilization and full collection; send 01 dossier directly to the Department of Agriculture and Rural Development for issue of exploitation permit and follow-up and monitoring during the implementation. The Department of Agriculture and Rural Development shall write and return the receipt to the forest owner.
b) The dossier consists of: Request for issue of exploitation permit and list of forest products to be exploited.
c) Time limit for settlement:
Within 03 working days after receiving dossier, if it is not valid, the Department of Agriculture and Rural Development shall inform the forest owner for prescribed addition.
Within 10 working days after receiving valid dossier, the Department of Agriculture and Rural Development shall issue the exploitation permit and return the result to the forest owner.
3. Exploitation, full utilization, full collection and acceptance of forest products:
The forest owner shall carry out the exploitation, full utilization and full collection in line with the exploitation permit and list of forest products made; measure and calculate the volume and make a list of forest products after exploitation, full utilization and full collection.
Article 11. Exploitation, full utilization and full collection of non-wood forest products not subject to endangered, rare and valuable species and species protected with priority according to regulations of law
1. For production forest:
The forest owner shall verify and make a list of forest products for exploitation, full utilization and full collection and specify the volume and types of forest products and place of exploitation, full utilization and full collection and send it to the competent authorities for follow-up and monitoring during the implementation and confirmation of origin of forest products upon circulation and consumption, particularly:
The forest owners as organizations shall send the list of forest products to the local Forest Management Unit or Forest Management Branch (in the areas without Forest Management Unit).
The forest owners as households, individuals and residential communities shall send the list of forest products to the communal People’s Committee.
2. For protection forest:
a) The exploitation of forest products in the protection forest must comply with the provisions of Article 16 of Decision No. 17/2015/QD-TTg dated 09/6/2015 of the Prime Minister issuing the Regulation on management of protection forest.
b) Order and procedures for exploitation, full utilization and full collection
The forest owner shall verify and make a list of forest products for exploitation, full utilization and full collection and specify the volume and types of forest products and place of exploitation, full utilization and full collection and sends it to the competent authorities, particularly:
The forest owners as organizations shall send 01 dossier directly to the Department of Agriculture and Rural Development for issue of permit and follow-up and monitoring during the implementation. The Department of Agriculture and Rural Development writes and returns the receipt to the forest owner.
The forest owners as households and individuals shall send 01 dossier to the district People’s Committee for issue of permit and follow-up and monitoring during the implementation. The district People’s Committee writes and returns the receipt to the forest owner.
c) The dossier consists of: Request for issue of exploitation permit and list of forest products to be exploited.
d) Time limit for settlement:
Within 03 working days after receiving dossier, if it is not valid, the receiving body shall inform the forest owner for prescribed addition.
Within 10 working days after receiving valid dossier, the competent body shall issue the exploitation permit and return the result to the forest owner.
3. For special-use forest:
a) The exploitation of forest products in the special-use forest must comply with the provisions in Article 21 of the Decree No. 117/2010/ND-CP dated 24/12/2010 of the Government on organization of management of special-use forest.
b) Order and procedures for exploitation, full utilization and full collection:
The forest owner shall verify and make a list of forest products for exploitation, full utilization and full collection and specify the volume and types of forest products and place of exploitation, full utilization and full collection and send 01 dossier directly to the Department of Agriculture and Rural Development for issue of exploitation permit and follow-up and monitoring during the implementation. The Department of Agriculture and Rural Development shall write and return the receipt to the forest owner.
c) The dossier consists of: Request for issue of exploitation permit and list of forest products to be exploited.
d) Time limit for settlement:
Within 03 working days after receiving dossier, if it is not valid, the Department of Agriculture and Rural Development shall inform the forest owner for prescribed addition.
Within 10 working days after receiving valid dossier, the Department of Agriculture and Rural Development shall issue the exploitation permit and return the result to the forest owner.
4. Exploitation, full utilization, full collection and acceptance of forest products:
The forest owner shall carry out the prescribed exploitation, full utilization and full collection; measure and calculate the volume and make a list of forest products after exploitation, full utilization and full collection and inform the local Forest Management Unit to know and confirm the origin of forest products upon circulation and consumption.
Chapter III
IMPLEMENTATION ORGANIZATION
Article 12. Responsibilities of forest owners and exploiting units
1. Comply with the procedures for exploitation, full utilization and full collection of wood and non-wood forest products specified in this Circular.
2. Take responsibility before law for the accuracy of dossier on exploitation design and the relevant documents they prepare, register, report or request.
3. Carry out the exploitation, full utilization and full utilization of wood and non-wood forest products; take responsibility before law for acts of violation (if any) occurring during the preparation or formulation of exploitation dossier, exploitation organization, making of list of forest products and other relevant procedures according to the current regulations of law.
4. Comply with the reporting regulation as stipulated in Article 19 of this Circular.
Article 13. Responsibility of communal People’s Committees
1. Strictly comply with the duties and powers in reception and settlement of procedures for exploitation, full utilization and full collection of wood and non-wood forest products in the communal areas specified in this Circular.
2. Take responsibility before law for their confirmation and result of inspection and monitoring pertaining to the forest owners and units exploiting wood and forest products in the areas under the communal management.
4. Request the district People’s Committee to promptly settle the problems and difficulties of forest owners and units in exploitation, full utilization and full collection of wood and non-wood forest products.
5. Strictly comply with the reporting regulations according to the provisions in Article 19 of this Circular.
The area forest ranger and communal forestry officers shall help the Chairman of communal People’s Committee to carry out the duties specified in this Article.
Article 14. Responsibility of district People’s Committees
1. Strictly comply with the duties and powers in reception and settlement of procedures for exploitation, full utilization and full collection of wood and non-wood forest products in the areas of districts, towns and provincial cities specified in this Circular; inspect and monitor the resolution and handling of procedures for exploitation, full utilization and full collection of wood and non-wood forest products of the communal People’s Committee.
2. Take responsibility before law for their confirmation and result of inspection and monitoring pertaining to the forest owners and units exploiting wood and forest products in the areas under the communal management.
3. Request the provincial-level People’s Committee to promptly settle the problems and difficulties of forest owners and units in exploitation, full utilization and full collection of wood and non-wood forest products.
4. Strictly comply with the reporting regulations according to the provisions in Article 19 of this Circular.
The Forest Management Units and the competent divisions of district shall help the Chairman of district-level People’s Committee to carry out the duties specified in this Article.
Article 15. Responsibility of provincial People’s Committees
1. Strictly comply with the duties and powers in reception and settlement of procedures for exploitation, full utilization and full collection of wood and non-wood forest products in the provincial areas specified in this Circular.
2. Direct the communal and district People’s Committee and other bodies to perform the functions of state management of forest protection and development in localities.
3. Assign the plan for sustainable exploitation of wood of natural forest to the organizations.
4. Take responsibility before the Prime Minister in case of any violation in exploitation, full utilization and full collection of wood and non-wood forest products in the provincial areas.
5. Direct the inspection and monitoring the settlement of procedures for exploitation, full utilization and full collection of wood and non-wood forest products of the Department of Agriculture and Rural Development, the People's Committees of districts and communes.
6. Strictly comply with the reporting regulations according to the provisions in Article 19 of this Circular.
The Department of Agriculture and Rural Development shall help the Chairman of provincial People’s Committee to carry out the duties specified in this Article.
Article 16. Responsibility of Departments of Agriculture and Rural Development
1. Strictly comply with the duties and powers in reception and settlement of procedures for exploitation, full utilization and full collection of wood and non-wood forest products in the provincial areas specified in this Circular.
2. Provide detailed instructions on uniform compliance with the contents of forms and other documents related to the procedures for exploitation, full utilization and full collection of wood and non-wood forest products in the provincial areas specified in this Circular to be applied in localities.
3. Inspect and monitor the settlement and handling the procedures for exploitation, full utilization and full collection of wood and non-wood forest products from the communal and district People’s Committee; request the provincial People’s Committee or require the communal and district People’s Committee not to carry out the procedures for exploitation, full utilization and full collection of wood and non-wood forest products for the forest owners who commit violation or fail to properly comply with the prescribed reporting regulation.
4. Take responsibility before the Chairman of provincial People’s Committee and the Minister of Agriculture and Rural Development and before law for the accuracy in approving the dossier on sustainable wood exploitation design of organizations and settling the procedures for exploitation, full utilization and full collection of wood and non-wood forest products.
5. Strictly comply with the reporting regulations according to the provisions in Article 19 of this Circular.
The Forest Management Branch shall help the Director of Department of Agriculture and Rural Development to carry out the duties specified in this Article.
Article 17. Responsibility of Vietnam Administration of Forestry
1. Strictly complies with the duties and powers in reception and settlement of procedures for exploitation, full utilization and full collection of wood and non-wood forest products on a national scale specified in this Circular.
2. Makes announcement of the units eligible for carrying out the sustainable forest exploitation to the provinces and centrally-run cities under the guidance of the Prime Minister.
4. Provides instructions to the Department of Agriculture and Rural Development on the content of approval for dossier on design and issue of permit for sustainable wood exploitation; carries out the annual inspection of implementation of procedures and management of wood exploitation of localities.
5. Deals with the cases arising in the field of exploitation, full utilization and full collection of wood and non-wood forest products under its authority assigned by the Minister of Agriculture and Rural Development.
Article 18. Duties of forest management bodies
1. Strictly complies with the duties and powers in reception and settlement of procedures for exploitation, full utilization and full collection of wood and non-wood forest products in this Circular within the areas under their management.
2. Inspect, monitor and promptly detect the forest owners or exploiting units’ acts of violation in exploitation, full utilization and full collection of wood and non-wood forest products to recommend or handle them according to regulations of law.
3. Make confirmation of volume of wood and non-wood forest products exploited, fully used and gathered in accordance with the provisions in this Circular.
Article 19. Report on exploitation, full utilization and full collection
1. Reporting responsibility
a) The area forest rangers shall coordinate with the communal forestry officers and forest owner and exploiting units to summarize data and reality of exploitation, full utilization and full collection of wood and non-wood forest products and make report to the communal People’s Committee (the report is retained by the forest owners and exploiting units).
b) The communal People’s Committee shall make report to the district Forest Management Branch.
c) The district Forest Management Branch shall make report to the district People’s Committee and also to the provincial Forest Management Branch.
d) The provincial Forest Management Branch shall make report to the Department of Agriculture and Rural Development.
e) The Department of Agriculture and Rural Development shall make report to the provincial People's Committee and also to the Vietnam Administration of Forestry.
f) The provincial People's Committee shall make report to the Ministry of Agriculture and Rural Development.
g) The Vietnam Administration of Forestry shall summarize the reality of exploitation, full utilization and full collection of wood and non-wood forest products of the country.
2. Reporting period
a) The forest owners as organizations, area forest rangers and communal forestry officers shall make report to the communal People's Committee and help the Chairman of communal People's Committee report to the district Forest Management Branch on the 18th date of each month.
b) The district Forest Management Branch shall make report to the provincial Forest Management Branch on the 20th date of each month.
c) The provincial Forest Management Branch shall make report to the Department of Agriculture and Rural Development and help Director of Department to make report to the Vietnam Administration of Forestry and provincial People's Committee on the 22th date of each month.
d) The provincial People's Committee shall make biannual and annual reports.
dd) The Vietnam Administration of Forestry shall make monthly report to the Ministry of Agriculture and Rural Development and helps it to make the biannual and annual reports to the Government.
3. Reporting contents
a) Volume of exploitation, full utilization and full collection of wood of natural forest and planted forest. b) Volume of exploitation, full utilization and full collection of non-wood forest products.
c) Assessment of reality of implementation of procedures and norms in exploitation, full utilization and full collection, difficulties and problems during the implementation.
Article 20. Implementation provision
1. This Circular takes effect from 15/8/2016.
2. This Circular replaces the Circular No. 35/2011/TT-BNNPTNT dated 20/5/2011 on guiding the exploitation, full utilization and full collection of wood and non-wood forest products.
3. The regulations on tree marking hammer and driving of tree marking hammer in the following documents:
Circular No. 70/2011/TT-BNNPTNT dated 24/10/2011 on amending and adding some contents of Circular No. 35/2011/TT- NNPTNT dated 20/5/2011 on guiding the exploitation, full utilization and full collection of wood and non-wood forest products; Circular No. 87/2009/TT- NNPTNT dated 31/12/2009 on guiding the exploitation and selection of wood of natural forest and Decision No. 44/2006/QD-BNN dated 01/6/2006 issuing the Regulation on management and driving of tree marking hammer and forest hammer of the Ministry of Agriculture and Rural Development.
4. Issued with this Circular are the Form of dossier on design of exploitation, full utilization and full collection of forest products (Appendix 1), List of exploited forest products (Appendix 2), Request for issue of exploitation permit (Appendix 3), Form of report on exploitation of wood and non-wood forest products (Appendix 4) to be used in preparing exploitation dossier and performing the reporting regulation specified in this Circular.
5. Any difficulty or problem arising during the implementation of this Circular should be promptly reported to the Ministry of Agriculture and Rural Development./.
| MINISTER |
Appendix 1: Form of exploitation design outline
(Issued with Circular No. 21 /2016/TT-BNNPTNT dated 28/6/2016 of the Ministry of Agriculture and Rural Development)
Line unit:………… | SOCIALIST REPUBLIC OF VIETNAM |
DOSSIER ON DESIGN OF EXPLOITATION, FULL UTILIZATION AND FULL COLLECTION OF FOREST PRODUCTS
I. Background:
- Name of forest owner (exploiting unit)…………………………………………
- Exploitation purposes………………………………………………………
II. Basic information on exploitation area
1. Location and boundary of exploitation area:
a) Location: ……….Lot………………., Plot…… ,…………… Sub-area …...;
b) Boundary:
- North adjacent to …………………………..
- South adjacent to …………………………..
- adjacent to …………………………..
- East adjacent to …………………………..
2. Exploited area:…………..ha;
3. Type of forest to be exploited.
III. Silvicultural technical indicators:
1. Total reserves, average reserves…………………..………………..
2. Output of standing trees …
3. Utilization percentage:
4. Exploited output.
(Attached to the natural resources form and forestry indicators)
IV. Exploited products:
- Total exploited output…………… (divided into lot and plot), particularly:
+ Wood: …..number of trees…….…., volume ………..….m3
+ Non-wood forest products……………….( m3/ tree/tonne..)
- Types of product (For wood classify into each species and each wood group; for non-wood forest products, classify into each species).
(Attached to the form of exploited products)
V. Exploitation measures and time of completion
a) Logging:
b) Removal:
c) Transportation
d) Forest clean-up
e) Time of completion
.
VI. Conclusion and recommendations.
| Forest owner / exploiting unit (Signature, full name and seal if any) |
Appendix: Form of List of exploited forest products
(Issued with Circular No. 21 /2016/TT-BNNPTNT dated 28/6/2016 of the Ministry of Agriculture and Rural Development)
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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LIST OF EXPLOITED FOREST PRODUCTS
1. General information
- Name of forest owner or exploiting unit..………………………………
- Time of implementation…………………………………………………
- Place of exploitation: …….lot………….. plot………… sub-area………;
- Exploited area: ………………..ha (if it can be defined);
2. Products registered for exploitation and full collection: (specific statistics for each lot or plot )
a) Exploitation, full utilization and full collection of wood:
No. | Place | Species | Diameter | Volume (m3) | ||
Sub-area | Plot | Lot |
|
|
| |
1. | TK: 150 | K: 4 | a b | Magnolia odora | 45 | 1,5 |
Total |
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b) Exploitation, full utilization and full collection of other forest products:
No. | Place | Species of forest products | Volume (m3, tree, tonne) | ||
Sub-area | Plot | Lot |
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1. | TK: 150 | K: 4 | a b | Calamus rudentum Lour Litsea sebidera Pers | 1000 trees 100 tonnes |
Total |
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|
Certification (if any) | Forest owner / exploiting unit (Signature, full name and seal if any) |
Appendix 3: Form of request for issue of exploitation permit
(Issued with Circular No. 21 /2016/TT-BNNPTNT dated 28/6/2016 of the Ministry of Agriculture and Rural Development)
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
REQUEST FOR ISSUE OF EXPLOITATION PERMIT
To:......................................................................
- Name of forest owner / exploiting unit
.………………......................…………
- Address:............................................................................................................
is assigned by………… to manage or use the……….. ha of forest, according to the certificate of land or forest use right No…..dated…….(or Decision on land or forest assignment or lease dated……………of……………)
Requests to register the exploitation………….at lot……………plot…………….sub-area……..; with amount and volume of wood and forest products.
Attached to the following documents:
...........................................................................................................................
....................................................................................................................................
....................................................................................................................................
....................................................................................................................................
......................................
Kindly request your consideration and opinions./.
| Forest owner (Exploiting unit) (Signature, full name and seal if any) |
Appendix 4: Form of report on exploitation of wood and non-wood forest products
(Issued with Circular No. 21 /2016/TT-BNNPTNT dated 28/6/2016 of the Ministry of Agriculture and Rural Development)
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
REPORT ON EXPLOITATION OF WOOD AND NON-WOOD FOREST PRODUCTS
No. | INDICATOR | Unit | YEAR PLAN | RESULT OF IMPLEMENTATION | ||
IN REPORTING PERIOD | CUMULATION FROM THE BEGINNING OF YEAR | COMPARED WITH PLAN (%) | ||||
I | EXPLOITATION OF NATURAL FOREST |
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1 | Volume of wood mainly exploited | m3 |
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1.1 | Organization | m3 |
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1.2 | Household and individuals | m3 |
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2 | Volume of wood fully collected | m3 |
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2.1 | Organization | m3 |
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2.2 | Household and individuals | m3 |
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3 | Volume of wood fully collected | m3 |
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3.1 | Organization | m3 |
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3.2 | Household and individuals | m3 |
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II | EXPLOITATION OF PLANTED FOREST |
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1 | Exploited area | ha |
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1.1 | Organization | ha |
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1.2 | Household and individuals | ha |
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2 | Exploited volume | m3 |
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2.1 | Organization | m3 |
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2.2 | Household and individuals | m3 |
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III | EXPLOITATION OF RUBBER WOOD |
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1 | Exploited volume | m3 |
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1.1 | Organization | m3 |
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1.2 | Household and individuals | m3 |
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IV | EXPLOITATION OF SCATTERED TREES | m3 |
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1 | Exploited volume | m3 |
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1.1 | Organization | m3 |
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1.2 | Household and individuals | m3 |
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V | EXPLOITATION OF NON-WOOD FOREST PRODUCTS |
|
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1 | Bamboo, Neohouzeaua, Dendrocalamus barbatus | tree |
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2 | Calamus rudentum Lour | tonne |
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3 | Pinus latteri | tonne |
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4 | Cinnamomum cassia | tonne |
|
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5 | Illicium verum | tonne |
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6 | ………………………… | tonne |
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