Thông tư 24/2009/TT-BNN

Circular No. 24/2009/TT-BNN of May 05, 2009, on guiding the conversion from the planned protective forests, specialized forests to production forests and vice versa, from planned production forests to protective forests, specialized forests after re-surveying and re-planning of 3 kinds of forests under the Prime Mminister’s Directive No. 38/2005/CT-TTg

Circular No. 24/2009/TT-BNN on guiding the conversion from the planned protectiv đã được thay thế bởi Decree 156/2018/ND-CP on enforcement of a number of articles of the Law on Forestry và được áp dụng kể từ ngày 01/01/2019.

Nội dung toàn văn Circular No. 24/2009/TT-BNN on guiding the conversion from the planned protectiv


THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No. 24/2009/TT-BNN

Hanoi, May 05, 2009

 

CIRCULAR

ON GUIDING THE CONVERSION FROM THE PLANNED PROTECTIVE FORESTS, SPECIALIZED FORESTS TO PRODUCTION FORESTS AND VICE VERSA, FROM PLANNED PRODUCTION FORESTS TO PROTECTIVE FORESTS, SPECIALIZED FORESTS AFTER RE-SURVEYING AND RE-PLANNING OF 3 KINDS OF FORESTS UNDER THE PRIME MINISTER’S DIRECTIVE NO. 38/2005/CT-TTG.

Pursuant to the Government's Decree No. 01/2008/ND-CP of January 03, 2008 on defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural development;

Pursuant to the Prime Minister’s Decision No. 186/2006/QD-TTg of August 14, 2006 on promulgating the Regulation on Forest management;

Pursuant to the Prime Minister’s Directive No. 38/2005/CT-TTg of December 05, 2005 on re-surveying and replanning 3 kinds of forests;

Pursuant to the Prime Minister Official Dispatch 80/TTg-KTN of January 15, 2009 on reporting the plan re-surveying results of 3 kinds of forests;

The Ministry of Agriculture and Rural development guides the conversion from planned protective forests, specialized forests to production forests and vice versa, from planned production forests to protective forests, specialized forests after re-viewing the planning of 3 kinds of forests under the Prime Minister’s Directive No. 38/2005/CT-TTg (hereinafter referred to as converted forest area) as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope and Subjects of application

1. Scope of regulation

This Circular guides the conversion from planned protective forest, specialized forests area to production forests and vice versa, from production forests to protective forest, specialized forests after re-surveying and re-planning of 3 kinds of forests approved by provincial People’s Committees; the order and authority to convert; the interest and duties of forest owners before and after conversion

2. Subjects of application

a) Forests owners having converted production forest, protective forest, specialized forest, including new-planted forests area, area of forests zoning off for regeneration, who are entitled to invest from capital sources under the State budget or similar to the State budget;

b) Forests owners having converted forests who invest by their capital in protecting, planting and tending forests.

Article 2. Management principles of forest conversion

1. All the converted forest area stated above must have particular forest management owner. The owner of the forests of which the use purpose is converted may or may not be changed.

The management board of specialized forest, protective forests containing specialized forest, converted protective forest, if there is no request to assign back to other individuals, organizations, households, shall continue managing that forest area under the corresponding forest management regulation.

The management board of Project 661 managing converted forests area must assign back forests to forest management organizations, households, individuals… on the basis of the specific forest assigning schemes of provincial-level People’s Committees and the specific forest assigning projects of commune-level People’s Committees. The forest assigning schemes and projects must be publicized and must prioritize the communities, households residing in local, and the households that have been assigned or contracted to plant and protect in the converted forests area.

2. Ensuring the reconciliation between benefit of the State and forests owners, between the State and the people that have contracted before that to protect, cultivate, new plant protective forests, specialized forests; between the State and other subjects that have invested by their capital in planting, tending production forests, but now being converted.

3. The procedures must be simple but still coherent and consistent with reality of each local, ensure the protection, utilization and development of forests in accordance with the Regulation on forest management promulgated together with the Prime Minister’s Decision No. 186/2006/QD-TTg of August 14, 2006 (hereinafter referred to as the Decision No. 186/2006/QD-TTg)

4. The capital and investment capital sources for converted forests must be inspected closely, handed over and settled after being converted as prescribed.

Chapter II

SPECIFIC PROVISIONS

Article 3. Subjects of converted forests

1. Protective forests, specialized forests being converted into production forests, including:

a) Natural forests being contracted to protect,

b) Natural forests being contracted to zone off for natural regeneration;

c) Natural forests being contracted to zone off for expediting regeneration with additional planting;

d) Planted forests of which the tending period is not over;

e) Planted forests of which the tending period is over.

2. Production forests being converted into protective forest, specialized forest, including:

a) Natural forests being invested and nurtured;

b) Planted forests being in tending period;

c) Planted forests passed the tending period of which the production forests came period of exploiting;

Article 4. Subjects of converted forest assigning and reception

1. Subjects of converted forest assigning

a) The management boards of specialized forests having specialized forests being converted (into protective forests or production forests) must assign back the forests to the management boards of protective forests or other individuals, organizations.

b) The management boards of protective forests having protective forests being converted (into specialized forests or production forests) must assign back the forest to the management board of specialized forests or other individuals, organizations.

c) Organizations, enterprises, People’s armed force units, households, individuals, and rural communities having converted forests (3 kinds of forests) but now must assign back them to other individuals, organizations.

d) The management boards of specialized forests, protective forests, forestry farms, State forestry companies having converted forest area that is area of forest and forestry land being implemented under Project 661 by the management boards of Project 611, but now must hand over to new forest owners, shall have responsibilities, duties, rights and benefit of the investor (the management board of Project 611) in accordance with the current provisions and guidances in this Circular.

dd) The management boards of Project 661 executing the project to the land and forests of households, communities or the forests directly managed by the People’s Committees at levels, of which the use purpose is converted must consult with the People’s Committee at levels (the direct management level) to implement the State’s function on policies for organizations, households and individuals receiving the State investment or contracted to cultivate forests under Project 661 by capital sources from the State budget (via Project 661).

e) The subjects that have been implementing Program 327 or other aiding projects to newly, additionally plant, zone off, cultivate and protect specialized forests, protective forests, now being converted and there are decisions on assigning forests to other subjects to manage and use, shall implement under the provisions of Program 327 or the aiding projects, the current provisions as well as the guidances in this Circular.

2. Subjects being assigned converted forests

a) The management boards of protective forests, specialized forests;

b) Households, individuals residing in the commune that have forests, wishing to protect, business, develop forests

c) Organizations, enterprises, People’s armed force units;

d) Hamlet- communities;

3. Organizations, enterprises, households and individuals having protective forests, specialized forests being converted into production forests, or having production forests being converted into protective forests, specialized forests not being handed over to other forest owners.

Article 5. Interests and duties of the parties in the handover of forests converted from protective forests, specialized forests to production forests

1. In case the forest owner is not changed

1.1. Rights and benefits:

a) For converted forest areas being forests planted under Project 661, Program 327 or other ODA projects:

- Households, non-public business organizations having received State subsidies to plant protective forests, specialized forests now being converted into production forests are entitled to enjoy all the exploited products on the invested area if the forest is coming to age of exploiting, if the forest has not been coming to period of exploiting: they are entitled to continue to cultivate and protect until the end of the current period, and enjoy all the exploited products on that area.

- Households contracted of only the forest protection stage with State organizations, now continue receiving forest to protect shall be enjoyed additional forest protection amount, approximately 200,000 VND/ha/year from sale timber of the contractual protection area. The paid rate shall be recommended by the forestry farms or forest management board and The district-level People’s Committee shall issue particular decisions;

- For protective forest areas which the investors, households contracted before having additional investment by own calital in planting, cultivating and protecting forests that have been approved by competent authorities, when exploiting such forest areas, the collected amount shall be prioritized as follows: legitimate expenses on timber auctions and exploitation, additional subsidies to households protecting forests, the rest shall be divided by the ratio of investment capital between the budget capital, investors’ capital and the households’ capital. The proportion part belonging to the budget capital shall be gathered into the forest protection and development funds of communes;

- For planted forests with mixture of the subsidiary trees and local trees or various types of local trees that have not come age of exploiting, the forest owners are encouraged to continue investing in protecting, cultivating and additional planting in order to develop them become production forests that supplying big timber.

b) For converted forest areas being natural forests, it is allowed to reasonably utilize the natural resources and other activities under the Regulation on forest management promulgated together with the Decision No. 186/2006/QD-TTg and other current policies.

1.2. Duties:

a) For converted forest areas being planted forests under Project 661:

- The management boards of protective forests, specialized forests having converted forests are responsible to implement the provisions on the benefits of households, individuals contracted to plant, cultivate and protect forests as prescribed.

- The exploiter must pay 80 kg paddy/hectare to the forest protection and development funds of communes when exploiting the forests

- The forest must be replanted after 12 months since exploitation, otherwise, the State shall withdrawn the allocate area.

b) For converted forest areas being natural forests, it is required to protect and develop the forests under the Regulation on forest management promulgated together with the Decision No. 186/2006/QD-TTg.

2. Handover of forests to new owners

2.1. The handing over party of converted forest

a) Interests:

- Forest owners being forest management boards of the State are entitled to reduce the invested capital regarding the forest areas converted from invested protective forests, specialized forests under the current provisions.

b) Duties:

- If the subjects of forest conversion are planted protective forests, specialized forests under Project 661 or 327 that have been contracted to be planted, cultivated, protected by households and individuals but now these forests are handed over to new forest owners, the interests of households and individuals contracted before must be settled as prescribed.

- Participating in supervising and handing over the forest areas, forest quality, invested capital of the converted forests; reporting the forest conversion results managed by unit to the competent authorities;

- Completing the procedures for reducing the capital invested in the allocated forest areas and submitting to competent authorities;

- Re-surveying and rebuilding Project 661 for any forest conversion within the project management scope.

2.2. The receiving party of converted forest

a) Interests:

- If the subjects of forest conversion are planted protective forests, specialized forests under Project 661 or 327 that households, individuals have contracted with the management boards of protective forests, specialized forests, the management board of Project 661 (or management board of other projects) to perform every stage from planting, cultivating to protecting but now these forests are handed over to households, individuals together with the land use right certificates as prescribed, such households, individuals are entitled to enjoy all the exploited products on the invested area if the forests come age of exploiting; or if forests have not come age of exploiting: continue to cultivate and protect until the end of the current period, and enjoy all the exploited products on that area.

- For converted forests areas are palnted forests with mixture of the subsidiary trees and local trees or various types of local trees that have not come age of exploiting, the forest recipients are encouraged to continue investing in protecting, cultivating and additional planting in order to develop them become production forests that supplying big timber.

- For converted forest areas being natural forests, it is allowed to reasonably utilize the natural resources and other activities under the Regulation on forest management promulgated together with the Decision No. 186/2006/QD-TTg and other current policies

b) Duties:

- For converted forest areas being planted forests, completing the procedures for increasing capital for converted forest areas of the corresponding supplemented forest area due to conversion applicable to State-owned enterprises under the current provisions of the State, paying 80kg paddy/hectare to the forest protection and development funds when exploiting the forests; replanting the forest after 12 months since exploitation, otherwise, the State shall withdrawn the allocate area

- For converted forest areas being natural forests, it is required to protect and develop the forests under the Regulation on forest management promulgated together with the Decision No. 186/2006/QD-TTg.

Article 6. Interests and duties of the parties when handing over converted forests from production forests planned to protective forests, specialized forests, or from specialized forests to protective forests or vice versa.

1. If the forest owner is not changed.

a) Interests:

- For converted forest areas being production forests (invested by the forest owners capital of themselves…) having trees not being main trees as prescribed regarding to planting of protective forests, specialized forests, the owners are entitled to enjoy all the exploited products on the invested area if the forests come age of exploiting, or if have not come age of exploiting: continue to cultivate and protect until the end of the period, and enjoy all the exploited products on that area.

- For converted forest areas being production forests which the primary trees are conformable with the provisions on planting protective forests, specialized forests, the owners shall enjoy the support policy of the State under the Prime Minister’s Decision No. 100/2007/QD-TTg of July 06, 2007 and Decision No. 661/QD-TTg of July 29, 1998 on the targets, duties, policies and organization to implement the Project on new planting 5 million hectares of forest and other current policies in regarding to protective forests and specialized forests.

- For protective forest areas being planted forests now converted into specialized forests, it is required to take necessary forestry measures for ecological restoration and extraction of forestry product, if any;

b) Duties:

- Managing, protecting, cultivating, nurturing the existing forests and replanting new forests in accordance with the norms of protective forests, specialized forests and the Regulation on forest management promulgated together with the Decision No. 186/2006/QD-TTg.

2. Handover of forest to new owner

2.1. The handing over party of converted forest

a) Interests:

- For converted forest areas being planted production forests having trees not main trees under provisions on planting the protective forests, specialized forests, the party are entitled to enjoy all the exploited products on the invested area if the forests come age of exploiting, or if not come age of exploiting: continue to cultivate and protect until the end of the current period, and enjoy all the exploited products on that area.

-For converted forest areas being production forests with the primary trees are long-term trees conformable with the provisions on planting protective forests, specialized forests, shall be compensated for the capital invested in planting, tending and protecting the forests;

- The former forest owners being households, individuals, if eligible, are prioritized to continue contracting to protect the existing natural forests and planted forests, or contracting to plant new forests (protective forests, specialized forests) on the converted production forest areas after exploitation.

b) Duties:

- Participating in supervising, handing over the forest areas, quality, and the capital invested in converted forests;

- The forest management boards of the State, State-owned enterprises, state-run enterprises, and communities must report the conversion results of forests managed by units, and complete the procedures for reducing the capital invested in the allocated forest areas to competent authorities.

2.2. The converted forest recipient

a) Interests:

- Being entitled to reasonably use the natural resources and perform other activities in protective forests, specialized forests under the Regulation on forest management promulgated together with the Decision No. 186/2006/QD-TTg and other current policies;

- Being enjoyed support policies of the State under the Prime Minister’s Decision No. 100/2007/QD-TTg of July 06, 2007 and Decision No. 661/QD-TTg of July 29, 1998 on the targets, duties, policies and organization to implement the Project on new planting 5 million hectares of forest.

b) Duties:

- Managing, protecting, tending, nurturing the existing forests and replanting new forests in accordance with the norms of protective forests, specialized forests and the Regulation on forest management promulgated together with the Decision No. 186/2006/QD-TTg

- Increasing the investment capital under the current provisions for the increasing forest areas.

Chapter III

ORGANIZING THE IMPLEMENTATION

Article 7. Order for forest conversion decision

1. On the basis of re-surveying the planning of 3 kinds of forests approved by provincial-level People’s Committees, the Departments of Agriculture and Rural development shall hand over the results of re-surveying and replanning of 3 kinds of forests to the communes, project owners and forest owners.

2. The Departments of Agriculture and Rural development shall assume the prime responsibility for and coordinate with the Department of Natural Resources and Environment, Department of Finance to establish the scheme on forest conversion and submit to provincial-level People’s Committees for approval. The scheme shall include:

a) The reality of the converted forests, including natural forests, planted forests being invested by the State in contract of forest protection, zoning off planting, boosting natural regeneration together with forestry additional planting, newly planting and tending planted protective forests and specialized forests after re-surveying plan of 3 kinds of forests not satisfying the norms being converted into production forests, and vice versa, from production forests into protective forests, specialized forests;

b) For planted forest area, it is necessary to identify the investment extent (being in the tending period or the tending period has ended), purebred planting or mixed planting ancillary trees and purposed trees, local trees. The differentiation of these kinds of forests are necessary for determining the benefit policies conformable with each kind of forests, ensuring that the forest areas after conversion are continued to be invested, developed and efficiently used;

c) Prescribing the norms of forest handover, the compensation for the capital invested in planting, tending and protecting for production forests converted into protective forests, or allowing operating business until the end of the existing period.

3. The capital increase and decrease of converted forests must comply with the current provisions.

Article 8. Authority to make decision on forest conversion

1. Provincial-level People’s Committees shall make decisions on converting forest use purpose together with approving forest handover scheme after being converted regarding each converted forest (or the forest areas needed to be converted of a forest management board, a State-owned forestry farm, or each sub-zones, plots or the forest area of a local commune or district).

2. Provincial-level People’s Committees shall make written decisions on converted forest handover to organizations being forestry enterprises, the management boards of protective forests, specialized forests.

3. District-level People’s Committee shall make written decisions on converted forest handover to households, individuals and commune-communities.

Article 9. Effects

1. This Circular takes effect after 45 days as from its signing.

2. During the course of procedures, the localities, organizations, individuals are recommended to send feedbacks on the obstacles to the Ministry of Agriculture and Rural development for prompt amendment and supplement./.

 

 

 

FOR THE MINISTER
DEPUTY MINISTER




Hua Duc Nhi

 


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