Thông tư 35/2011/TT/BNNPTNT

Circular No. 35/2011/TT-BNNPTNT dated May 20, 2011, guidance on logging and full exploitation of timber and non-timber forest products

Circular No. 35/2011/TT-BNNPTNT logging full exploitation of timber non timber forest products đã được thay thế bởi Circular 21/2016/TT-BNNPTNT providing for the main exploitation full utilization full collection of forest products và được áp dụng kể từ ngày 15/08/2016.

Nội dung toàn văn Circular No. 35/2011/TT-BNNPTNT logging full exploitation of timber non timber forest products


THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 35/2011/TT-BNNPTNT

Hanoi, May 20, 2011

 

CIRCULAR

GUIDANCE ON LOGGING AND FULL EXPLOITATION OF TIMBER AND NON-TIMBER FOREST PRODUCTS

Pursuant to the Law on environmental protection dated December 03, 2004;

Pursuant to the Government’s Decree No. 01/2008/NĐ-CP dated January 03, 2008 defining functions, missions, authority and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Government’s Decree No. 75/2009/NĐ-CP dated September 10, 2009 amending Article 3 of the Government’s Decree No. 01/2008/NĐ-CP dated January 03, 2008 defining functions, missions, authority and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Government’s Decree No. 23/2006/NĐ-CP dated March 03, 2006 providing for the implementation of the Law on forest protection and development;

Pursuant to the Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of the Prime Minister promulgating the regulation on forest management;

The Ministry of Agriculture and Rural Development provides for following guidance on logging and full exploitation of timber and non-timber forest products:

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope of regulation: This circular provides for entities, requirements, order and procedures for logging and full exploitation of timber and non-timer forest products from the natural forest and planted forest, and plants having the same names as the aforesaid timber and non-timer forest products in the whole country.

2. Regulated entities:

a) Forest owners include forestry companies, afforestation yards, the management boards of protective forests and special-use forests, and co-operatives whose business lines include forestry (hereinafter referred to as the organizations).

b) Forest owners include households, individuals, hamlet communities and other forest owners that are not defined in point a Clause 2 herein (hereinafter referred to as the households).

c) State authorities; individuals and enterprises who are not the forest owners relating to extraction of timber and non-timer forest products.

Article 2. Interpretation of terms

In this Circular, these terms are construed as follows:

1. Thinning refers to the selective removal of crooked, diseased trees, poor quality trees and other trees unsuitable to the forest commercial purpose.

2. Clearing the undergrowth refers to the cutting of lianas and shrubs prior to the logging.

3. Forest clean-up refers to the chopping of branches and tops of the trees, and handling of trapped trees or other trees fell down or broken in the course of primary logging, salvage logging and full exploitation of timber.

4. Locations of logging refer to names of lots, plots or sub-sectors.

5. Timber section is cut from the tree according to two vertical surfaces.

6. Dry and rotten timber and core refer to dry and rotten dead trees or core of the tree.

7. Primary logging refers to process of felling the trees down to take the advantage of the forest growth for obtaining economic purposes provided that such logging must ensure the sustainable development and use of forests as defined in the project of forest regulation or project of sustainable forest management or logging project.

8. Large timber refers to timber sections or logs with average diameter from 25cm and length from 1m.

9. Small timber refers to timber sections or logs whose dimensions are not defined in Section 8, Article 2 of this Circular.

10. Timber yard is a place storing the entire volume of timber in logging area.

11. Logging cycle refers to a distance between two consecutive primary sessions of selective logging, in which the minimum forest reserves of the subsequent logging must be equal to the forest reserves entered into the previous consecutive logging.

12. Concentrated planted forests must have concentrated area from 0.5ha and the range of planted trees is 20m in width and has at least 3 rows of trees if such planted forests are separated from the other forests.

13. In this circular, non-timer forest products refers to the limitation of forest plants.

14. Consulting units include organizations permitted to carry out the design of logging by the law.

15. Limited logging refers to the logging of a plant species in which the logging volume shall not exceed twenty percent (hereinafter referred to as 20%) of reserves or 30% of total plants of such species in the logging area.

16. Logging intensity is based on the percentage (hereinafter referred to as %) of the reserves of the trees felled in the lot compared with total reserves of such lot at design time.

17. Forest owners include organizations and households that are allocated or leased forests or land for afforestation from the State for engaging in forest production and business in accordance with the Law on forest protection and development.

18. Logging in natural forests to serve annual demand refers to a method of logging in which the logging may be executed under a cycle of every year or several years as regulated in Circular.

19. Logging design statement is a document describing the basic situation of the logging area, logging techniques; volume and species of logged and fully exploited products and detailed tables on forest logging technical standards (according to Annex 1 herewith).

20. List of products to be logged describes the information on location, area, volume, species of timber and other forest products to be logged and fully exploited; completion timeframe (according to Annex 2 herewith).

21. The registration form for logging is a common administrative document submitted to the competent authorities to register the logging of timber and forest products (according to Annex 3 herewith).

Article 3. Principles and requirements for logging and full exploitation of timber and non-timber forest products

1. The logging is executed in consistent with location, area and species of forest products which have been registered or permitted to execute the logging by the competent authorities.

2. It’s required the methods of forest regeneration to limit bad influence on environment and protective capacity of forests.

3. The logging of endangered, rare and valuable plant species of heading Ia, IIa must comply with the Government’s Decree No. 32/2006/NĐ-CP dated March 30, 2006 on management of endangered, rare and valuable forest plants and animals (hereinafter referred to as the Decree No. 32/NĐ-CP).

Forest plants of heading IIa shall be subject to limited logging, except for special-use forests, and such logging must comply with the procedures stated in this Circular.

4. Logging and full exploitation of timber and non-timber forest products are executed in the area which is leased, allocated or temporarily allocated for management and use in accordance with the law or permitted by the people’s committees of central-affiliated provinces or cities (hereinafter refer to as the provincial people’s committee).

5. The forest owner or logging unit can check and take over the volume of logged and fully exploited timber and non-timer forest products according to actual status, except for the cases regulated in this Circular.

Article 4. Subjects of forests and forest products to be logged and fully exploited

1. Timber forests and mixed forests of bamboos and timber trees are natural forests.

If the method of logging serving annual demand is applied, the subjects shall be defined in accordance with the logging project approved by the competent authorities.

The primary logging is applied to the forests which have never been or have been logged and regenerated for at least one logging cycle and the following criteria must be satisfied:

a) Minimum reserves must be:

Evergreen broadleaf forest: 150 cubic meters per one hectare (hereinafter referred to as m3/ha).

Semi-deciduous broadleaf woody plant forest: 130 m3/ha.

Dipterocarp forest: 110 m3/ha

Coniferous forest: 130 m3/ha

Mixed forests of bamboos and timber trees: 80 m3/ha.

b) Reserves of trees whose diameter level is suitable for the logging in lot must larger than 30% of total reserves of such lot.

c) Diameter of the logged trees which is measured at 1.3m above from the ground (hereinafter referred to as D1.3m) is specific: heading I and II: 45cm, from heading III to heading VI: 40cm, heading VII and VIII: 35 cm. Regarding the trees in the family dipterocarpaceae in deciduous forest (Dipterocarp forest), diameter will be 35cm.

2. Planted forests

a) Planted production forests: The forest owners shall decide the logging for each plant species in accordance with the forest commercial purposes.

b) Protective forests must meet protective standards as regulated in Article 8 of Regulation on forest management which is promulgated under Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of the Prime Minister (hereinafter referred to as the Decision No. 186/2006/QĐ-TTg).

3. Pure bamboos forests and mixed forests of bamboos and timber trees are natural forests that reach technical rotation or have canopy level as 0.7 and above.

4. Subjects of salvage logging:

a) Woody plants including foots and roots and non-timer forest products in area which the site clearance is executed for construction of works or serving other purposes.

b) Woody plants and non-timer forest products in the area where the silvicultural techniques are applied (forest improvement cutting, forest intermediate cutting, thinning of forest, forest riches, transformation of forests for breeding purposes, reclaiming for afforestation) in production forests, protective forests and special-use forests (except for strictly protected zones).

c) Woody plants including foots and roots and non-timer forest products which are logged to serve for scientific research and forestry vocational training.

d) Woody plants and non-timer forest products which are standing dead trees, dry dead trees or burnt trees in production forests, protective forests and special-use forests (except for strictly protected zones).

e) Woody plants and forest products located in timber exit and transport routes and area of building timber yards as approved in annual primary logging design documents.

5. Subjects of full exploitation:

Dry and rotten trees, logs, sections and barks, core and burnt timber; branches, tops, foots and roots of the trees and other non-timer forest products which are still located in field, river, stream, lake and dam in production forests, protective forests and special-use forests (except for strictly protected zones).

6. Organizations and individuals shall make decision on logging and full exploitation of plants having the same names with timber and non-timer forest products and logs, sections, foots, roots and branches of the trees with any dimension outside the area planned for forestry (except for the cases regulated by the local competent authorities or hamlet communities). After the logging and full exploitation, reports on location, volume and species of logging shall be submitted to the people’s committee of commune/ward/townlet (hereinafter referred to as the communal people’s committee) for confirmation and using as grounds for consumption.

Chapter II

SPECIFIC PROVISIONS

SECTION 1: ESTABLISHMENT OF PROJECT OF FOREST REGULATION AND LOGGING PROJECT

Article 5: Establishment of project of forest regulation

The forest owners who carry out the logging under the primary logging must establish the Project of forest regulation or Project of sustainable forest management (hereinafter referred to as the project of forest regulation).

1. Contents of establishment: According to the Ministry of Agriculture and Rural Development’s guidance on establishment of the project of forest regulation and project of sustainable forest management.

2. Procedures for approval: The forest owner shall send one (01) set of application to the Service of Agriculture and Rural Development. The application includes Letter of request, project of forest regulation and attached map system.

Within 03 working days as of the receiving date of the application, if the application is invalid, the Service of Agriculture and Rural Development shall inform the forest owner to supplement documents as regulated.

Within 10 working days as of the receiving date of valid application, the Service of Agriculture and Rural Development shall approve the project and return approving results to the forest owner.

Article 6: Establishment of logging project

1. The forest owners who are households and carry out the logging under the primary logging or logging of timber of natural forests to serve annual demand must establish the logging project.

a) Contents of establishment: According to the Ministry of Agriculture and Rural Development’s guidance on establishment of the logging project for households.

b) Procedures for approval: The forest owner who is the household shall send one (01) set of application to the people’s committee of district, town or provincial city (hereinafter referred to as the district people’s committee). The application includes Letter of request, logging project and attached map system.

Within 03 working days as of the receiving date of the application, if the application is invalid, the district people’s committee shall inform the forest owner to supplement documents as regulated.

Within 10 working days as of the receiving date of valid application, the district people’s committee shall approve the logging project and return approving results to the forest owner.

2. If the forest owner who is an organization is unqualified for primary logging according to the project of forest regulation but has demand for non-commercial logging, the forest owner shall establish the logging project and submit it to the Service of Agriculture and Rural Development as regulated in Clause 2 Article 5 of this Circular.

SECTION 2: LOGGING AND FULL EXPLOITATION OF TIMBER AND NON-TIMBER FOREST PRODUCTS OF FOREST OWNER WHO IS AN ORGANIZATION

Article 7. Primary logging in natural forests

1. Requirements: Have an approved project of forest regulation or project of sustainable forest management as regulated in Clause 2 Article 5 of this Circular.

2. Assignment of plan: Basing on the plan on annual volume approved by the Prime Minister, the Ministry of Agriculture and Rural Development shall notify the logging volume to each province, and basing on such notice, the provincial people’s committee shall assign the logging plans to forest owners.

3. Order and procedures for granting permit of logging.

a) Prepare and verify the logging design documents: Carry out the guidance on selective logging design of the Ministry of Agriculture and Rural Development.

c) Approve design documents and grant permit of logging: The forest owner sends 01 set of application to the Service of Agriculture and Rural Development. The application includes the letter of request, logging design statement, map of the logging area, trees marking slip and minutes on appraisal of logging design.

Within 03 working days as of the receiving date of the application, if the application is invalid, the Service of Agriculture and Rural Development shall inform the forest owner to supplement documents as regulated.

Within 10 working days as of the receiving date of valid application, the Service of Agriculture and Rural Development shall approve the design application, grant permit of logging and return approving results to the forest owner. The permit of logging shall take effect within 12 months as of the date of promulgation.

4. Logging organization: The forest owner that is an organization can self-organize the logging or enter into a contract for logging with a logging unit in accordance with the following regulations:

a) Clear lianas and shrubs, clear the way for exit or transport of timber, build the timber yard in accordance with the permit and approved logging design documents.

b) Fell the trees with discard hammer marking. Maximum height of the highest stump (calculated from the ground) shall not be twice as much as the diameter of the cut surface of the stump. In case of foot swelling, the tree shall be cut above the foot swelling.

c) Period for forest clean-up after the logging: The forest clean-up must be finished within 15 days as of the ending or expiry date of the logging.

d) Perform other technical requirements as stated in the Regulations on forest solutions applicable to timber and bamboos production forests (hereinafter referred to as QPN 14-92) promulgated under Decision No. 200/QĐ.KT dated March 31, 1993 of the Ministry of Forestry (presently, Ministry of Agriculture and Rural Development).

5. Acceptance of products

The trees are felled, then delimbed and topped, and brought to the timber yard. The forest owner or the logging unit shall record the order number at the beginning of the timber sections, prepare the list of forest products and calculate total volume of forest products. Total volume of actually exploited timber (calculated for the entire logging area) compared with the permitted volume of logging shall not exceed 15%. In case such volume exceeds 15%, the forest owner shall report to the Service of Agriculture and Rural Development for carrying out an actual inspection for verifying reasons and confirmation, and then, the exceeding volume of timber shall be checked and taken over.

6. Forest management after the logging

a) When the logging is finished or the timeframe for logging expires, the forest owner shall report to the Service of Agriculture and Rural Development to carry out the inspection and assessment on the site.

b) Basing in the inspection results and actions taken against shortcomings (if any), the Service of Agriculture and Rural Development shall decide to close the forest gate after the logging.

c) When the decision on closing the forest gate after the logging is promulgated, the forest owner must carry out methods for management, protection and regeneration of the forest area as regulated in the Regulation No. QPN 14-92 and Decision No. 186/QĐ-TTg

Article 8. Logging of concentrated planted forest by using state budget and non-refundable aids

1. Methods of logging

a) Production forest: The forest owner shall decide the method of logging. If the clearcutting is applied, new afforestation shall be executed in the next afforestation season.

b) Protective forests:

When the protective forest canopy is closed, the logging of supporting trees is executed provided that density of primary trees must be ensured at least 600 trees per one hectare (hereinafter referred to as tree/ha). Failing to meet the aforesaid requirement, the supporting trees shall not be felled and shall be considered as primary trees to ensure the required density.

When all standards of protective forest are satisfied as regulated in Article 28 of Decision No. 186/2006/QĐ-TTg the selective logging shall be applied with maximum logging intensity as 20% provided that the forest canopy level after the logging is above 6.6 or clearcutting in block or alternating patch shall be applied provided that total area after annual logging shall not exceed 2/10 of the area of the planted forest which meets protective standards and after the logging, a new afforestation of logged blocks or patches shall be immediately executed in the next afforestation season.

The logged block must be parallel to the contour with maximum width of 50m (applicable to important protective forests) or 30m (applicable to important protective forests); the area of logged patch shall not exceed 02ha (applicable to important protective forests) or 01ha (applicable to very important protective forests).

2. Logging design: The forest owner shall himself prepare or hire a consulting unit to investigate the site for collecting figures and establishing the map of logging area with scale 1:5,000 or 1:10,000 and preparing the logging design statement.

3. Approving the application and granting permit of logging.

The forest owner who is a provincial organization shall send 01 set of the application to the Service of Agriculture and Rural Development. The forest owner who is not a provincial organization shall send 01 set of the application to the higher-level managing authority. The application includes the letter of request, logging design statement and the logging area map.

Within 03 working days as of the receiving date of the application, if the application is invalid, the authorities receiving the application shall inform the forest owner to supplement documents as regulated.

Within 10 working days as of the receiving date of valid application, the authorities receiving the application shall approve the application, grant permit of logging and return results to the forest owner. The permit of logging shall take effect within 12 months as of the date of promulgation.

Article 9. Logging of concentrated planted forest by using the capital self-invested by the forest owner or financed by the state

1. Methods of logging: As regulated in section 1, Article 8 of this Circular.

2. Logging design: As regulated in section 2, Article 8 of this Circular.

3. Registration for logging: The forest owner shall himself approve the logging design and send 01 set of the application to the communal people’s committee for registration. The application includes the registration form of logging, decision on approving the logging design, logging design statement and the map of the logging area.

Within 03 working days as of the receiving date of the application, if the application is invalid, the communal people’s committee shall inform the forest owner to supplement documents as regulated.

Within 10 working days as of the receiving date of valid application, if there is no suggestion against the logging from the communal people’s committee, the forest owner shall conduct the logging upon the approved decision.

Article 10. Logging of bamboos in production forests and protective forests which are natural forests

1. Longing intensity shall not exceed 70% of the number of trees and brushwood (applicable to the production forests) and 30% of the number of trees and brushwood (applicable to the protective forests).

2. Logging design: The forest owner shall himself prepare or hire a consulting unit to investigate and verify the site for preparing the logging design statement and establishing the location diagram of the logging area.

3. Registration for logging: The forest owner shall himself approve the logging design and send 01 set of the application to the Service of Agriculture and Rural Development for registration. The application includes the registration form of logging, decision on approving the logging design, logging design statement and the location diagram of the logging area.

Within 03 working days as of the receiving date of the application, if the application is invalid, the Service of Agriculture and Rural Development shall inform the forest owner to supplement documents as regulated.

Within 10 working days as of the receiving date of valid application, if there is no suggestion against the logging from the Service of Agriculture and Rural Development, the forest owner shall conduct the logging upon the approved decision.

Article 11. Salvage logging in the site clearance area for building works or being used for other purposes.

1. Requirements: The competent authorities must give permission on changing the using purpose of the forest into building the works or using for other purposes.

2. Permitted logging unit: After a permission on changing the using purpose of the forest into building the works or using for other purposes has been granted and the investor has completed all compensation procedures as regulated, the provincial people’s committee shall assign the forest owner or the logging unit to conduct the salvage logging.

3. Logging design: The forest owner or the unit permitted by the provincial people’s committee to conduct the logging shall himself prepare or hire a consulting unit to determine the boundary of the area of salvage logging and establish the map with scale 1:5,000 or 1:10,000; collect figures and prepare the salvage logging design statement. After the salvage logging design statement is finished, it shall be submitted to the regional forester or communal forest officer to carry out an actual inspection on the site and prepare minutes of verification.

4. Granting permit of salvage logging: The forest owner or the salvage logging unit sends 01 set of application to the Service of Agriculture and Rural Development. The application includes the letter of request, permit of the competent authorities on change of the using purpose of the forest into building the works or using for other purposes, letter of assignment of salvage logging granted by the provincial people's committee, minutes of verification of the regional forester or communal forest officer, the salvage logging design statement and map of salvage logging area.

Within 03 working days as of the receiving date of the application, if the application is invalid, the Service of Agriculture and Rural Development shall inform the forest owner or the logging unit to supplement documents as regulated.

Within 10 working days as of the receiving date of valid application, the Service of Agriculture and Rural Development shall approve the application, grant permit of salvage logging and return results to the forest owner or the logging unit. The timeframe of salvage logging shall comply with the registration of the forest owner or the logging unit provided that such timeframe must ensure the period for site clearance and be specified in the permit of salvage logging.

Article 12. Salvage logging executed in the course of implementation of silvicultural techniques or silvicultural logging operations served for scientific research and vocational training

1. Requirements for salvage logging:

a) Salvage logging executed in the course of implementation of silvicultural techniques:

As for natural forests or planted forests by using state budget or non-refundable aids: design documents or silvicultural project approved by the competent authorities are required.

As for planted forests using the capital self-invested by the forest owner or financed by the state: the forest owner shall himself establish and approve the design documents or silvicultural project.

b) Salvage logging executed to serve training affairs and scientific research: the training plans, scientific research project or outline approved by the competent authorities are required.

2. Establishment of the list of logged products:

Basing on design documents or the silvicultural project; the scientific research project or outline or the training plans approved by the competent authorities, the forest owner shall himself prepare or hire a consulting unit to investigate the site, collect figures and give hammer on trees with D1.3m above 25cm permitted to fell in the natural forest and prepare the list of products to be logged.

3. Registration for logging:

a) As for natural forests or planted forests by using state budget or non-refundable aids:

The provincial forest owner sends 01 set of the application to the Service of Agriculture and Rural Development, the non- provincial forest owner sends 01 set of the application to the higher-level managing unit. The application includes the registration form for logging, design documents, silvicultural project or training plan, or scientific research project or outline and list of products to be logged.

Within 03 working days as of the receiving date of the application, if the application is invalid, the authorities receiving the application shall inform the forest owner to supplement documents as regulated.

Within 10 working days as of the receiving date of valid application, if there is no suggestion against the salvage logging from the authorities receiving the application, such salvage logging shall be executed in accordance with registered documents.

b) As for planted forest by using the capital self-invested by the forest owner or financed by the state: The forest owner sends 01 set of the application to the communal people’s committee. The application shall comply with Point a Section 3 of this Article.

Within 03 working days as of the receiving date of the application, if the application is invalid, the communal people’s committee shall inform the forest owner to supplement documents as regulated.

Within 5 working days as of the receiving date of valid application, if there is no suggestion against the salvage logging from the communal people’s committee, the forest owner is eligible for carrying out the salvage logging in accordance with registered documents.

Article 13. Salvage logging of standing dry or burnt dead trees, broken trees and full exploitation of laying timber, foots, roots and branches

The forest owner shall himself make decision on whether the full exploitation is executed or not. The full exploitation must comply with the following regulations:

1. As for natural forests or planted forests by using state budget or non-refundable aids:

a) Logging design: The forest owner shall himself prepare or hire a consulting unit to investigate and verify the site for establishing the diagram of the exploitation area and preparing the exploitation design statement.

b) Granting permit of salvage logging or full exploitation: The forest owner sends 01 set of application to the Service of Agriculture and Rural Development. The application includes the letter of request, design statement and the diagram of the salvage logging or full exploitation area.

Within 03 working days as of the receiving date of the application, if the application is invalid, the Service of Agriculture and Rural Development shall inform the forest owner to supplement documents as regulated.

Within 10 working days as of the receiving date of valid application, the Service of Agriculture and Rural Development shall approve the application, grant permit of salvage logging or full exploitation and return results to the forest owner. The permit shall take effect within 12 months as of the date of promulgation.

2. As for planted forest by using the capital self-invested by the forest owner or financed by the state:

a) Establishment of the list of products to be logged: The forest owner shall himself prepare or hire a consulting unit to investigate and verify the site and establish the list of products to be logged.

b) Registration for logging: The forest owner shall send 01 set of the application to the communal people’s committee for registration. The application includes the registration form for logging and the list of products to be logged.

Within 03 working days as of the receiving date of the application, if the application is invalid, the communal people’s committee shall inform the forest owner to supplement documents as regulated.

Within 5 working days as of the receiving date of valid application, if there is no suggestion against the logging from the communal people’s committee, the forest owner shall conduct the registered logging.

Article 14. Logging, full exploitation of non-timer forest products and bamboos in natural forests (except for strictly protected zones of special-use forests)

1. Types of products in the CITES list and pipe resin in natural forests or planted forests by using state budget or non-refundable aids:

a) Logging, full exploitation design: The forest owner shall himself prepare or hire a consulting unit to investigate and verify the site for collecting figures, establishing the diagram of the logging and full exploitation area and preparing the logging design statement.

b) Granting permit of logging: The forest owner sends 01 set of application to the Service of Agriculture and Rural Development. The application includes the letter of request, logging design statement and diagram of the logging, full exploitation area.

Within 03 working days as of the receiving date of the application, if the application is invalid, the Service of Agriculture and Rural Development shall inform the forest owner to supplement documents as regulated.

Within 10 working days as of the receiving date of valid application, the Service of Agriculture and Rural Development shall approve the application, grant permit of logging and return results to the forest owner. The permit shall take effect within 12 months as of the date of promulgation.

2. Types of forest products which are not stated in section 1 of this Article.

a) Establishment of the list of products to be logged: The forest owner shall himself prepare or hire a consulting unit to investigate and verify the site and establish the list of products to be logged.

b) Registration for logging: As regulated in point a section 2 Article 13 of this Circular.

Article 15. Logging in natural forests serving annual demand

1. Requirements for logging: Have an approved forest logging project as regulated in Clause 2 Article 6 of this Circular.

2. Quantity of logged trees:

Maximum quantity of logged trees: L = N.n (trees). In which:

L is maximum quantity of trees logged in one logging session;

N is annual average number of trees logged under the approved logging project;

n is distance between 2 consecutive logging sessions (unit of n is year(s)).

3. Logging design: The forest owner shall himself prepare or hire a consulting unit to appraise the site for collecting figures, giving the hammer on trees to be logged as defined in Clause 2 of this Article and preparing the logging design statement.

After completion, the forest owner shall report the local forest ranger sector to check the site and prepare minutes of verification if all requirements on subject of forest, location, area and the number of trees defined in Clause 2 of this Article are satisfied.

4. Granting permit of logging:

The forest owner shall send 01 set of the application to the Service of Agriculture and Rural Development. The application includes the letter of request, selective logging design statement, trees marking slip and minutes of verification made by the local forest ranger sector.

Within 03 working days as of the receiving date of the application, if the application is invalid, the Service of Agriculture and Rural Development shall inform the forest owner to supplement documents as regulated.

Within 10 working days as of the receiving date of valid application, the Service of Agriculture and Rural Development shall approve the application, grant permit of logging and return results to the forest owner; and send results to the district people’s committee, local forest ranger sector and the communal people’s committee. The permit shall take effect within 12 months as of the date of promulgation.

5. Execution of the logging and acceptance of products: decided by the forest owner. The volume of timber shall be checked and taken over according to actual dimension of the trees permitted to fell which is defined in the permit of logging.

SECTION 3: LOGGING AND FULL EXPLOITATION OF TIMBER AND NON-TIMBER FOREST PRODUCTS OF FOREST OWNER WHO IS A HOUSEHOLD

Article 16. Primary logging in natural forests

The forest owner who is a household is encouraged to apply the primary method of logging as regulated in this Article. If failing in meeting requirements for primary logging, Article 17 of this Circular shall apply.

1. Requirements for logging: Have an approved forest logging project as regulated in Clause 1 Article 6 of this Circular.

2. Assignment of plan: Basing on the notice of the logging volume granted by the Ministry of Agriculture and Rural Development, the provincial people’s committee shall assign the logging plan to district people’s committee. Basing on the logging project submitted by the forest owner, the district people’s committee shall assign the logging plan according to communal region and the communal people’s committee shall grant notice of detailed volume of logging timber to the forest owner.

3. Logging design: Carry out the guidance on selective logging design of the Ministry of Agriculture and Rural Development.

4. Granting permit of logging:

The forest owner shall send 01 set of the application to the district people’s committee. The application includes the letter of request, selective logging design statement, trees marking slip and minutes of verification made by the local forest ranger sector or communal forest officer and the map of logging area.

Within 03 working days as of the receiving date of the application, if the application is invalid, the district people’s committee shall inform the forest owner to supplement documents as regulated.

Within 10 working days as of the receiving date of valid application, the district people’s committee shall approve the application, grant permit of logging and return results to the forest owner; and send results to the Service of Agriculture and Rural Development, local forest ranger sector and the communal people’s committee. The permit shall take effect within 12 months as of the date of promulgation.

5. Logging organization: As regulated in section 4, Article 7 of this Circular.

6. Acceptance of products: The trees are felled, then delimbed and topped, and brought to the timber yard. The forest owner or the logging unit shall record the order number at the beginning of the timber sections, prepare the list of forest products and calculate total volume of forest products. Allowed tolerance (calculated for the entire logging area) of total volume of actually logged timber compared with the permitted volume of logging shall not exceed 15%. In case such volume exceeds 15%, the forest owner shall report to the regional forester for carrying out an actual inspection for verifying reasons and confirmation, and then, the exceeding volume of timber shall be checked and taken over.

7. Management of forest after the logging: When the logging is finished or the timeframe for logging expires, the forest owner shall report to the regional forester or communal forest officer to carry out the inspection and assessment on the site. Basing in the inspection results and actions taken against shortcomings (if any), the communal people’s committee shall report the district people’s committee to make decision on closure of forest gate after the logging. After the decision on closure of forest gate is granted, the forest owner must carry out methods for management, protection and regeneration of the forest as regulated.

Article 17. Logging in natural forests serving annual demand

1. Requirements for logging: As regulated in section 1, Article 16 of this Circular.

2. Quantity of logged trees: As regulated in section 2, Article 15 of this Circular.

3. Logging design: The forest owner shall himself prepare or hire a consulting unit to appraise the site for collecting figures, giving the hammer on trees to be logged as defined in Clause 2 of this Article and preparing the logging design statement.

After completion, the forest owner shall report the regional forester or communal forest officer to check the site and prepare minutes of verification if all requirements on subject of forest, location, area and the number of trees defined in Clause 2 of this Article are satisfied.

4. Granting permit of logging: As regulated in section 4, Article 16 of this Circular.

5. Execution of logging and acceptance of products: As regulated in section 5, Article 15 of this Circular.

Article 18. Logging of concentrated planted forest by using state budget and non-refundable aids

1. Methods of logging: As regulated in section 1, Article 8 of this Circular.

2. Logging design: The forest owner shall himself prepare or hire a consulting unit to investigate and verify the site for establishing the diagram of the logging area and preparing the logging design statement.

3. Granting permit of logging:

The forest owner shall send 01 set of the application to the district people’s committee. The application includes the letter of request, logging design statement and the location diagram of the logging area.

Within 03 working days as of the receiving date of the application, if the application is invalid, the district people’s committee shall inform the forest owner to supplement documents as regulated.

Within 10 working days as of the receiving date of valid application, the district people’s committee shall approve the application, grant permit of logging and return results to the forest owner; and send notice to the communal people’s committee for following. The permit shall take effect within 12 months as of the date of promulgation.

Article 19. Logging of concentrated planted forest by using the capital self-invested by the forest owner or financed by the state

1. Methods of logging: As regulated in section 1, Article 18 of this Circular.

2. Establishment of the list of products to be logged: The forest owner shall himself prepare or hire a consulting unit to investigate and verify the site and establish the list of products to be logged.

3. Registration for logging: The forest owner shall send 01 set of the application to the communal people’s committee for registration. The application includes the registration form for logging and the list of products to be logged.

Within 03 working days as of the receiving date of the application, if the application is invalid, the communal people’s committee shall inform the forest owner to supplement documents as regulated.

Within 5 working days as of the receiving date of valid application, if there is no suggestion against the logging from the communal people’s committee, the forest owner shall conduct the registered logging.

Article 20. Logging of trees planted in family garden, farm and scattered planting trees

1. Establishment of list of products to be logged: The forest owner shall himself prepare or hire a consulting unit to investigate, collect figures and establish the list of products to be logged.

2. Registration for logging: As regulated in section 3, Article 19 of this Circular.

Article 21. Logging of bamboos in production forests and protective forests which are natural forests

1. Logging intensity: As regulated in section 1, Article 10 of this Circular.

2. Establishment of the list of products to be logged: The forest owner shall himself prepare or hire a consulting unit to investigate and verify the site for preparing the diagram of the logging area and establishing the list of products to be logged.

3. Registration for logging: The forest owner shall send 01 set of the application to the communal people’s committee for registration. The application includes the registration form for logging, the list of products to be logged and the diagram of the logging area.

Within 03 working days as of the receiving date of the application, if the application is invalid, the communal people’s committee shall inform the forest owner to supplement documents as regulated.

Within 5 working days as of the receiving date of valid application, if there is no suggestion against the logging from the communal people’s committee, the forest owner is eligible for carrying out the logging in accordance with registered documents.

Article 22. Salvage logging made in the site clearance area for building works or being used for other purposes

1. Requirements: As regulated in section 1, Article 11 of this Circular.

2. Establishment of the list of products to be logged: The forest owner shall himself prepare or hire a consulting unit to determine the boundary of logging area, prepare the diagram of the salvage logging area, collect figures and establish the list of products to be logged. After the list of products to be logged is finished, it shall be submitted to the regional forester or communal forest officer to carry out an actual inspection on the site and prepare minutes of verification.

3. Registration for logging: The forest owner shall send 01 set of the application to the district people’s committee. The application includes registration form for logging, paper of the competent authorities granting permission to change the using purpose of the forest into building works or using for other purposes, minutes of verification of the regional forester or communal forest officer, list of products to be logged and diagram of the logging area.

Within 03 working days as of the receiving date of the application, if the application is invalid, the district people’s committee shall inform the forest owner to supplement documents as regulated.

Within 10 working days as of the receiving date of valid application, if there is no suggestion against the logging from the district people’s committee, the forest owner is eligible for carrying out the logging in accordance with registered documents.

Article 23. Salvage logging executed in the course of implementation of silvicultural techniques

1. Natural forests

a) Establishment of list of products to be logged: The forest owner shall himself prepare or hire a consulting unit to establish design documents or the silvicultural project; give hammer on trees with D1.3m above 25cm permitted to fell in the natural forest and prepare the list of products to be logged. After the list of products to be logged is finished, it shall be submitted to the regional forester or communal forest officer for verification.

Registration for logging: The forest owner shall send 01 set of the application to the district people’s committee. The application includes registration form for logging, logging design or silvicultural project self-approved by the forest owner, list of products to be logged, certificate of regional forester or communal forest officer.

Within 03 working days as of the receiving date of the application, if the application is invalid, the district people’s committee shall inform the forest owner to supplement documents as regulated.

Within 10 working days as of the receiving date of valid application, if there is no suggestion against the logging from the district people’s committee, the forest owner is eligible for carrying out the logging in accordance with registered documents.

Planted forests

a) Establishment of list of products to be logged: As regulated in point a section 1 of this Article, except for hammer given on discard trees.

b) Registration for logging: The forest owner shall send 01 set of the application to the communal people’s committee for registration. The application shall comply with Point a Section 1 of this Article.

Within 03 working days as of the receiving date of the application, if the application is invalid, the communal people’s committee shall inform the forest owner to supplement documents as regulated.

Within 5 working days as of the receiving date of valid application, if there is no suggestion against the logging from the communal people’s committee, the forest owner is eligible for carrying out the logging in accordance with registered documents.

Article 24. Salvage logging of standing dry or burnt dead trees, broken trees and full exploitation of laying timber, foots, roots and branches

The forest owner shall himself make decision on whether the full exploitation is executed or not. The full exploitation must comply with the following regulations:

1. As for timber of natural forests or planted forests by using state budget or non-refundable aids.

a) The forest owner shall himself prepare or hire a consulting unit to investigate and verify the site for preparing the diagram of the logging area and establishing the list of products to be logged.

b) Registration for logging, full exploitation: The forest owner shall send 01 set of the application to the district people’s committee. The application includes the registration form for logging, the list of products to be logged, diagram of the logging area.
Within 03 working days as of the receiving date of the application, if the application is invalid, the district people’s committee shall inform the forest owner to supplement documents as regulated.

Within 10 working days as of the receiving date of valid application, if there is no suggestion against the logging from the district people’s committee, the forest owner is eligible for carrying out the logging in accordance with registered documents.

2. As for timber of planted forest by using the capital self-invested by the forest owner or financed by the state

a) Establishment of the list of products to be logged: The forest owner shall himself prepare or hire a consulting unit to investigate and verify the site for establishing the list of products to be logged.

b) Registration for logging: The forest owner shall send 01 set of the application to the communal people’s committee for registration. The application includes the registration form for logging and the list of products to be logged.

Within 03 working days as of the receiving date of the application, if the application is invalid, the communal people’s committee shall inform the forest owner to supplement documents as regulated.

Within 5 working days as of the receiving date of valid application, if there is no suggestion against the logging from the communal people’s committee, the forest owner shall conduct the registered logging.

Article 25. Logging of non-timer forest products and bamboos in natural forests and planted forests (except for strictly protected zones of special-use forests)

1. Types of products in the CITES list and pipe resin in natural forests or planted forests by using state budget or non-refundable aids

a) Logging design: The forest owner shall himself prepare or hire a consulting unit to investigate and verify the site for establishing the diagram of the logging area and preparing the logging design statement.

b) Granting permit of logging: The forest owner shall send 01 set of the application to the district people’s committee for registration. The application includes the letter of request, logging design statement and diagram of the logging area.

Within 03 working days as of the receiving date of the application, if the application is invalid, the district people’s committee shall inform the forest owner to supplement documents as regulated.

Within 10 working days as of the receiving date of valid application, the district people’s committee shall approve the application, grant permit of logging and return results to the forest owner. The permit shall take effect within 12 months as of the date of promulgation.

2. Types of forest products which are not stated in section 1 of this Article:

a) Establishment of the list of products to be logged: The forest owner shall himself prepare or hire a consulting unit to investigate and verify the site and establish the list of products to be logged.

b) Registration for logging: As regulated in point a section 2 Article 24 of this Circular.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 26. Responsibilities of forest owners and logging units

1. Carry out procedures for logging and full exploitation of timber and non-timer forest products regulated in this Circular.

2. Bear responsibilities before the law for the accuracy of logging design documents, logging design statement, list of products to be logged and relevant documents which they have themselves prepared, registered, reported or requested.

3. Inspect operations of logging and full exploitation of timber and non-timber forest products. Bear responsibilities before the law for any violations in the area which is permitted by the competent authorities or registered.

4. Comply with the report policy as regulated in Article 33, Chapter III of this Circular. Forms of reports shall apply annex 4, 5 herewith.

Article 27. Responsibilities of communal people’s committee

1. Comply with its duties and powers in the course of receiving and solving procedures for logging and full exploitation of timber and non-timer forest products in the communal area as regulated in this Circular.

2. Bear responsibilities before the law for the accuracy of certification of procedures and results of inspecting the execution of forest owners and logging units in communal area.

3. Bear responsibilities before the Chairpersons of the district and provincial people’s committee for any violation in the communal area.

4. Send proposal to the district people’s committee for timely solving difficulties and questions of the forest owners and logging units when carrying out the logging and full exploitation of timber and non-timer forest products.

5. Suspend operations and refuse to resolve procedures for logging and full exploitation of timber and non-timer forest products of forest owners if they have violations in logging or fail in carrying out report policies as regulated.

6. Comply with the report policies as regulated in Article 33, Chapter III of this Circular. Forms of reports shall apply annex 6 herewith.

Regional foresters and communal forest officers shall assist the Chairperson of the communal people’s committee in fulfilling duties prescribed in this Article.

Article 28. Responsibilities of district people’s committee

1. Comply with its duties and powers in the course of receiving and solving procedures for logging and full exploitation of timber and non-timer forest products in the district area as regulated in this Circular.

2. Bear responsibilities before the law for the accuracy of certification of procedures, issuance of permit of logging and results of inspecting the execution of logging and full exploitation of timber and non-timer forest products in district area.

3. Bear responsibilities before the Chairperson of the provincial people’s committee for any violation in the district area.

4. Send proposal to the provincial people’s committee for timely solving difficulties and questions of the forest owners when carrying out the logging and full exploitation of timber and non-timer forest products.

5. Inspect the communal people’s committee in solving and taking actions against procedures for logging and full exploitation of timber and non-timer forest products. Suspend operations and refuse to resolve or not grant permission to the communal people’s committee to carry out procedures for logging and full exploitation of timber and non-timer forest products if the forest owners or logging units have violations in logging or fail in carrying out report policies as regulated.

6. Comply with the report policies as regulated in Article 33, Chapter III of this Circular. Forms of reports shall apply annex 7 herewith.

District forest ranger sector and functional departments shall assist the Chairperson of the district people’s committee in fulfilling duties prescribed in this Article.

Article 29. Responsibilities of provincial people’s committee

1. Comply with its duties and powers in the course of solving procedures for logging and full exploitation of timber and non-timer forest products in the provincial area as regulated in this Circular.

2. Bear responsibilities and direct the district and communal people’s committees and other state managing agencies to protect and develop forests in localities.

3. Deliver plans of primary logging of natural forests to organizations and district people’s committee according to the notice of the Ministry of Agriculture and Rural Development.

4. Bear responsibilities before the Prime Minister for any violations in logging and full exploitation of timber and non-timer forest products in the provincial area.

5. Direct the inspection affairs of Service of Agriculture and Rural Development, the communal and district people’s committees in solving procedures for logging and full exploitation of timber and non-timer forest products. Suspend operations and refuse to resolve or not grant permission to the district and communal people’s committees, and provincial functional agencies to carry out procedures for logging and full exploitation of timber and non-timer forest products if the forest owners or logging units have violations in logging or fail in carrying out report policies as regulated.

6. Comply with the report policies as regulated in Article 33, Chapter III of this Circular.

Service of Agriculture and Rural Development shall assist the Chairperson of the provincial people’s committee to carry out duties prescribed in this Article.

Article 30. Responsibilities of Service of Agriculture and Rural Development

1. Comply with its duties and powers in the course of receiving and solving procedures for logging and full exploitation of timber and non-timer forest products in province as regulated in this Circular.

2. Provide detailed guidance on contents of forms and other documents relating to the procedures for logging and full exploitation of timber and non-timer forest products regulated in this Circular for unanimous application in localities.

3. Bear responsibilities before the provincial people’s committee, the Minister of Agriculture and Rural Development and before the law for the accuracy in the course of approving the design documents for primary logging in natural forests submitted by organizations and service’s resolution of procedures for logging and full exploitation of timber and non-timer forest products.

4. Inspect the communal and district people’s committees in solving and taking actions against procedures for logging and full exploitation of timber and non-timer forest products. Suggest the provincial people’s committee or request the district and communal people’s committees not to carry out procedures for logging and full exploitation of timber and non-timer forest products if the forest owners have violations in logging or fail in carrying out report policies as regulated.

5. Comply with the report policies as regulated in Article 33, Chapter III of this Circular. Forms of reports shall apply annex 8 herewith.

Forestry department and forest ranger sub-department shall assist the Director of Service of Agriculture and Rural Development to carry out duties prescribed in this Article.

Article 31. Responsibilities of Vietnam Administration of Forestry

1. Comply with its duties and powers in the course of receiving and solving procedures for logging and full exploitation of timber and non-timer forest products in the whole country as regulated in this Circular.

2. Summarize reports submitted to the Minister of Agriculture and Rural Development for submitting to the Prime Minister for approval on the plan on annual primary logging in natural forests in the whole country.

3. Send notice of annual targets of logging volume of natural forests to authorities of central-affiliated provinces and cities upon the approval of the Prime Minister.

4. Provide guidelines for Service of Agriculture and Rural Development on contents for approving design documents and issuing license for primary logging in natural forests. Annually, inspect the execution of processes and management of forest logging of localities.

5. Request the Minister of Agriculture and Rural Development to suspend operations and refuse to resolve or request the provincial people’s committee not to carry out procedures for logging and full exploitation of timber and non-timer forest products of forest owners who have violations in logging or fail in carrying out report policies as regulated.

6. Take actions against arisen affairs in logging and full exploitation of timber and non-timber forest products within the scope authorized by the Minister of Agriculture and Rural Development.

Article 32. Responsibilities of forest ranger authorities

1. Comply with their duties and powers in the course of receiving and solving procedures for logging and full exploitation of timber and non-timer forest products in province as regulated in this Circular.

2. Inspect and timely discover violations of forest owners or logging units in logging and full exploitation of timber and non-timer forest products and then suggest for resolution or take actions against such violations in accordance with the law.

3. Carry out the confirmation of contents of list of products; volume of timber and non-timer forest products which are logged and fully exploited as regulated in this Circular to use as grounds for consumption.

Article 33. Report policies

1. Order for reports on logging results.

a) Regional forest officers and foresters shall submit reports to the communal people’s committee.

b) Forest owners who are logging organizations or units shall submit reports to the district people’s committee, Service of Agriculture and Rural Development and higher-level managing unit (as for non-provincial organizations).

c) The communal people’s committee and Forest Ranger Sector shall submit reports to the district people’s committee.

d) The district people’s committee shall submit reports to the provincial people’s committee and Service of Agriculture and Rural Development.

e) The Service of Agriculture and Rural Development shall submit reports to the provincial people’s committee and Ministry of Agriculture and Rural Development.

f) The provincial people’s committees shall submit reports to the Ministry of Agriculture and Rural Development.

2. Period for reports on logging results.

a) Forest owners who are logging organizations, regional foresters and communal forest officers shall submit reports on the 20th of every month.

b) The communal people’s committee shall submit reports on the 25th of every month.

c) The district people’s committee shall submit reports on the 30th of the third month of each Quarter.

d) Service+ of Agriculture and Rural Development shall submit periodical reports for every 6 months and annual reports.

e) The provincial people’s committee shall submit annual reports.

3. Contents of reports on logging results.

a) Logging and full exploitation of natural forests and planted forests: Total logging volume during report period is …….. m3 (primary logging:………..m3, salvage logging is …….. m3, full exploitation is …….. m3), divided as follows: Volume of felled timber, volume of timber checked with the forester’s hammer, volume of consumed timber (including volume of timber imported into processing workshop).

b) Exploitation of other non-timber forest products: species and volume of exploited forest products and volume of consumed forest products (trees, tons or m3).

c) Assessment on situation of executing processes, logging violation and difficulties during the course of implementation.

Article 34. Implementation

1. This Circular shall replace for the Decision No. 40/2005/QĐ-BNN dated July 07, 2005 of the Ministry of Agriculture and Rural Development promulgating Regulation on exploitation of timber and other forest products.

2. Former regulations of the Ministry of Agriculture and Rural Development on procedures for logging and full exploitation of timber and non-timber forest products which are inconsistent with this Circular shall be null and void.

3. This circular takes effect after 45 days as of the signing date.

4. Any difficulties arisen during the course of implementation should be promptly submitted to the Ministry of Agriculture and Rural Development for amendments./.

 

 

PP. MINISTER
DEPUTY MINISTER




Hua Duc Nhi

 


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Số hiệu35/2011/TT/BNNPTNT
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            Circular No. 35/2011/TT-BNNPTNT logging full exploitation of timber non timber forest products
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