Quyết định 49/2016/QD-TTg

DECISION

PROMULGATING THE REGULATION ON PRODUCTION FOREST MANAGEMENT

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the December 3, 2004 Law on Forest Protection and Development;

Pursuant to the Government’s Decree No. 23/2006/ND-CP of March 3, 2006, on the implementation of the Law on Forest Protection and Development;

At the proposal of the Minister of Agriculture and Rural Development;

The Prime Minister promulgates the Decision on the Regulation on production forest management.

Article 1. To promulgate together with this Decision the Regulation on production forest management.

Article 2. This Decision takes effect on December 15, 2016.

To annul provisions on production forest management in the Prime Minister’s Decision No. 186/2006/QD-TTg of August 14, 2006, promulgating the Regulation on forest management and Decision No. 34/2011/QD-TTg of June 24, 2011, amending and supplementing a number of articles of the Regulation on forest management promulgated together with the Prime Minister’s Decision No. 186/2006/QD-TTg.

Article 3. Ministers, heads of ministerial-level agencies, heads of government- attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decision.-

REGULATION

ON PRODUCTION FOREST MANAGEMENT
(Promulgated together with the Prime Minister’s Decision No. 49/2016/QD-TTg of November 2016)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Regulation prescribes the management, protection, development and use of production forests, including land areas with or without forests, which have been allocated, leased or planned for forestry purposes by the State.

Article 2. Subjects of application

This Regulation applies to state agencies, organizations, village communities, domestic households and individuals; overseas Vietnamese, and foreign organizations and individuals involved in the management, protection, development and use of production forests in Vietnam.

Article 3. Interpretation of terms

In this Regulation, the terms below are construed as follows:

1. Production forest means a forest primarily used for production and trading of timber and non-timber products in association with protection, contributing to environmental protection.

2. Sustainable forest management means a stable forest management process to achieve the set management objectives, ensuring uninterrupted production without reducing forest quality and productivity and negatively affecting the environment and society.

3. Forest certificate means a written certification granted by Vietnam’s forest certification organization or an international organization to forest owners whose forest areas satisfy sustainable forest management standards.

4. Harvest of timber to serve on-the-spot essential needs means the harvest of timber for construction of works used by village communities as well as of houses, kitchens, breeding facilities and essential woodwork to serve on-the-spot needs of households and individuals.

5. Extraction of timber means the harvest of standing timber when implementing silvicultural measures, conducting scientific research or clearing the ground for projects involving change of forest use purpose.

Article 4. Classification of production forests

Based on their origin of formation, production forests shall be classified into:

1. Natural production forests, including natural forests and forests restored by zoning off for tending and natural regeneration. Based on the average forest reserves per hectare, natural forests shall be classified into rich, average, poor and extremely poor forests and forests without reserves.

2. Planted production forests, including forests planted with state budget funds and forests planted with forest owners’ investment funds (their own funds, loans, joint venture or association funds not originating from the state budget) or with the State’s support and funds from other sources.

Article 5. Principles of production forest management

1. Production forests shall be managed, protected, developed and used in a sustainable manner in line with approved forest production and development master plans and plans and climate change mitigation and adaptation policies.

2. The State shall allocate or lease production forests to specific forest owners.

3. The identification of business objectives for and measures that may exert impacts on production forests must take into account the forest ecosystem characteristics and comply with law.

Chapter II

MANAGEMENT OF PRODUCTION FORESTS

Article 6. Sustainable forest management and forest certificates

1. Production forests shall be managed under sustainable forest management plans.

2. Institutional owners of forests allocated or leased by the State shall formulate a sustainable forest management plan under the guidance of the Ministry of Agriculture and Rural Development and submit it to the provincial-level Department of Agriculture and Rural Development for appraisal and approval, and organize the management, protection, development and use of forests, inspection and supervision according to the approved plan.

3. Owners of production forests may be granted a relevant sustainable forest management certificate if they file an application for a forest certificate of Vietnam or from an international organization proving that they have a sustainable forest management plan as prescribed in Clause 2 of this Article fully satisfying Vietnam’s sustainable forest management principles, criteria and indices or such international organization’s sustainable forest management standards, criteria and indices.

Article 7. Change of forest use purpose

1. Change of use purpose from production forest to special-use forest or protection forest

a/ Conditions: Ensuring the criteria and indices for recognition of each type of forest in accordance with law;

b/ The competence to grant permission must comply with Article 28 of the Government’s Decree No. 23/2006/ND-CP of March 3, 2006, on the implementation of the Law on Forest Protection and Development;

c/ An organization or individual wishing to change the use purpose of a forest area established by a provincial-level People’s Committee shall submit one set of dossier to the provincial-level Department of Agriculture and Rural Development.

- A dossier must comprise a written request for the change of forest use purpose (made according to the form in Appendix I to this Decision); a report on the current status of the forest concerned.

- Within 3 working days after receiving a dossier, if finding such dossier incomplete, the dossier-receiving agency shall notify such to the requester for completing the dossier according to regulations.

- Within 10 working days after receiving a complete dossier, the provincial-level People’s Committee (provincial-level Department of Agriculture and Rural Development) shall notify the dossier processing result to the requester.

2. Change into non-forestry purpose

a/ Conditions: Having an investment project on the forest area requested for change of use purpose; having an assessment report on environmental impacts due to the change of use purpose or an environmental protection plan; having a plan on compensation for ground clearance for the forest area requested for change of use purpose and an afforestation plan approved by a competent state agency to replace the existing forest area, or an invoice on payment for afforestation to the central or local forest protection and development fund;

b/The competence to grant permission must comply with Article 29 of the Government’s Decree No. 23/2006/ND-CP of March 3, 2006, on the implementation of the Law on Forest Protection and Development;

c/ For Central Highlands provinces, it is prohibited to change the use purpose from natural forest to another purpose, including projects and works that have been approved but not yet carried out; projects serving national defense or security must obtain the Prime Minister’s approval.

Chapter III

PROTECTION AND DEVELOPMENT OF PRODUCTION FORESTS AND ORGANIZATION OF PRODUCTION AND BUSINESS IN PRODUCTION FORESTS

Article 8. Protection of production forests

1. Production forest protection contents: Production forests shall be protected under Articles 46, 47 and 48 of the Government’s Decree No. 23/2006/ND-CP.

2. Method of production forest protection

a/ Forest owners shall make forest protection plans and themselves organize forest protection and fire prevention and fighting. Forest owners having adjacent forest areas may reach agreements on joint forest protection;

b/ Forest owners being organizations shall allocate forests to households, individuals, village communities and/or forestry cooperatives for protection;

c/ Hiring professional protection forces to protect forests;

d/ Local forest ranger agencies shall assign local rangers to coordinate with organizations and individuals with allocated or leased forests in organizing forest protection, fire prevention and fighting in accordance with law, and to inspect and supervise forest owners in protecting forests and preventing and fighting forest fires;

dd/ Communal-level People’s Committees shall organize communal militia and self- defense and public security forces to help forest owners in forest protection and fire prevention and fighting in their localities and to protect forest areas that have not been allocated or leased under the Prime Minister’s Decision No. 07/2012/QD-TTg.

Article 9. Development of production forests

1. Production forests shall be developed and organized for production and business according to forest protection and development master plans and plans and production and business plans of forest owners.

2. Forest owners shall self-invest or enter into joint ventures or associate with investors, households, individuals and village communities under projects and plans to protect and develop forests and organize production and business on state-allocated or -leased forest and land areas in accordance with law.

3. Silvicultural methods applicable to forest development and organization of forest production and business and forest quality and productivity improvement include:

a/ Zoning off for tending and natural regeneration or additional plantation of forests;

b/ Forest nurturing and enrichment;

c/ Forest growing, tending and nurturing.

Article 10. Regeneration of natural production forests

1. Forests permitted to be regenerated: extremely poor natural production forests which have been allocated by a competent state agency and fail to meet forest business requirements.

2. Conditions: A forest owner being an organization must have a forest regeneration project; a forest owner being a household, an individual or a village community must have a forest regeneration plan approved by a competent authority; meeting the criteria of natural production forests permitted for regeneration.

3. Competence to permit the regeneration of natural forests

a/ The Ministry of Agriculture and Rural Development shall permit the regeneration of forests owned by organizations under its management;

b/ Provincial-level Departments of Agriculture and Rural Development shall permit the regeneration of forests owned by organizations under provincial management or by households, individuals or village communities and of forests under the management of ministries or sectors located in their localities.

4. It is prohibited to change from poor or extremely poor natural forests to the plantation of industrial trees in Central Highland provinces.

Article 11. Harvest of timber in natural production forests

1. Eligible forests: Natural production forests with rich or average timber reserves that have never been harvested or have been harvested and rehabilitated after at least one harvest cycle.

2. Conditions: A forest owner must have a sustainable forest management plan approved by a competent authority and possess a sustainable forest management certificate as prescribed in Article 6 of this Regulation and obtain the Prime Minister’s permission. It is prohibited to harvest timber in natural production forests in Central Highland provinces.

3. Forest owners managing natural production forests satisfying the conditions specified in Clauses 1 and 2 of this Article may harvest timber according to their sustainable forest management plans.

4. Forest owners eligible to harvest timber under Clause 3 of this Article shall make a timber harvest planning dossier for the following year under the guidance of the Ministry of Agriculture and Rural Development and submit it to the provincial-level Department of Agriculture and Rural Development for approval and licensing of the harvest, inspection and supervision of the timber harvest process and certification of the origin of timber to be put into circulation or on sale.

5. Forest owners shall themselves harvest timber according to the approved harvest planning dossiers referred to in Clause 4 of this Article and sell timber in accordance with law.

Article 12. Harvest of timber in natural production forests to serve on-the-spot essential needs of households, individuals and village communities

1. Eligible forests: Natural production forests with rich and average timber reserves that have been allocated or leased by the State to households, individuals and village communities and have no sustainable forest management plans referred to in Clause 2, Article 6 of this Regulation. Harvest on forest areas that have not been allocated or leased by the State must be approved by district-level People’s Committees.

2. Conditions: A forests owner shall make an inventory of to-be-harvested forest products (according to the form in Appendix II to this Decision) and may only use harvested timber not exceeding 10 m³ of log timber per household each time to serve their on-the-spot essential needs.

3. Competence to license:

a/ District-level People’s Committees shall license timber harvest for forest owners in their respective communes;

b/ Commune-level People’s Committees shall notify annual timber harvest plans to each forest owner under the decisions of district-level People’s Committees.

4. Forest owners shall themselves harvest timber according to the notifications of commune-level People’s Committees and, after the harvest, notify their commune-level People’s Committee for certification of the origin of the timber to be put into use.

Article 13. Extraction of timber in natural production forests upon change of use purpose

1. Eligible objects: timber trees on forest areas with their use purpose to be changed to non-forestry purpose.

2. Conditions: Having been permitted by a competent authority to change the forest use purpose as prescribed in Clause 2, Article 7 of this Regulation. Forest owners or project owners shall themselves decide on the extraction of timber according to the approved plans on compensation for ground clearance, make an inventory of to-be-extracted forest products (according to the form in Appendix II to this Decision), and send it to a competent agency for monitoring and supervision of the extraction process and for certifying the origin of timber to be put into circulation or on sale:

a/ For a forest owner being an organization or a project owner, he/she/it shall send the inventory of forest products to the local Forest Rangers Station or Forest Rangers Sub- Department (for districts without Forest Rangers Stations);

b/ For a forest owner being a household, an individual or a village community, it/he/she shall send the inventory of forest products to the commune-level People’s Committee.

3. Forest owners, project owners or households and individuals shall harvest and extract timber according to approved plans on compensation for ground clearance.

Article 14. Extraction of timber upon implementation of silvicultural measures or scientific research

1. Timber trees in natural production forests may be harvested and extracted when silvicultural measures are implemented or scientific research is conducted in these forests.

2. Conditions: A forest owner or project owner must have a silvicultural project or scientific research theme or training plan approved by a competent authority, decide on the extraction of timber based on the approved project, theme or training plan, make an inventory of to-be-extracted forest products (according to the form in Appendix II to this Decision) and send it to a competent authority for monitoring and supervision of the extraction and for certifying the origin of timber to be put into circulation or on sale as prescribed at Point a or b, Clause 2, Article 13 of this Regulation.

3. Organization of timber harvest and extraction: A forest owner, a project owner, a household or an individual that has a silvicultural project or scientific research theme or training plan shall extract timber according to the approved project, theme and training plan.

Article 15. Salvage of timber in natural production forests

1. Timber trees that are dried, fall, die or are heartwood or burnt; branches, crowns, stumps, roots; free nodes, trunks and barks left in natural production forests may be salvaged.

2. Conditions: A forest owner shall make an inventory of to-be-salvaged timber (made according to the form in Appendix II to this Decision) and send it to a competent authority for monitoring and supervision of the salvage and for certifying the origin of timber to be put into circulation or on sale as prescribed at Point a or b, Clause Article 13 of this Regulation.

3. A forest owner shall salvage timber according to the inventory that has been registered and declared as prescribed in Clause 2 of this Article.

Article 16. Harvest of non-timber forest products in production forests

1. Eligible products: non-timber forest products, except those of endangered, precious and rare species banned under the Government’s regulations on management and protection of endangered, precious and rare fauna and flora species.

2. Forest owners shall themselves decide on the harvest of non-timber forest products and bamboo on the state-allocated or -leased forest areas and make an inventory of volumes and types of to-be-harvested non-timber forest products (according to the form in Appendix II to this Decision) and send it to a competent authority for monitoring and supervision of the harvest and for certifying the origin of timber to be put into circulation or on sale as prescribed at Point a or b, Clause 2, Article 13 of this Regulation.

3. Harvest of non-timber forest products: Forest owners shall themselves harvest non- timber forest products according to the dossiers, volumes and types of non-timber forest products that have been registered and declared as prescribed in Clause 2 of this Article.

Article 17. Harvest of planted timber trees

1. The harvest methods shall be decided by forest owners themselves. In case of clear cutting, forest owners shall make a plan to re-plant forests right at the next forest crop in line with the local forest protection and development master plan and plan.

2. The harvest of planted forests shall be decided by forest owners themselves. In case a forest owner requests certification of the origin of timber products, before harvesting timber, it/he/she shall make an inventory of forest products (according to the form in Appendix II to this Decision) and send it to a competent authority for monitoring and supervision of the harvest and for certifying the origin of forest products to be put into circulation or on sale as prescribed at Point a or b, Clause 2, Article 13 of this Regulation.

3. All forest products harvested from planted production forests may be freely put into circulation and on sale:

Article 18. Extraction and salvage of planted timber trees

1. To-be-extracted and -salvaged timber: Timber from planted forests of organizations, households, individuals and village communities due to change of forest use purpose or implementation of silvicultural measures or scientific research or dried, fallen, died or burnt trees, burnt timber, branches, crowns, roots, tree nodes, logs and barks left in planted production forests.

2. The extraction and salvage of timber from planted forests shall be decided by forest owners. In case a forest owner requests certification of the origin of timber products, before extracting and salvaging timber, it/he/she shall make an inventory of forest products (according to the form in Appendix II to this Decision) and send it to a competent authority for monitoring and supervision of the extraction and salvage and for certifying the origin of forest products to be put into circulation or on sale as prescribed at Point a or b, Clause 2, Article 13 of this Regulation.

3. Forest owners shall themselves organize the extraction and salvage themselves, and freely measure and count the quantity and make an inventory of extracted and salvaged forest products.

Article 19. Other activities in production forests

1. Forest environmental services: Forest owners shall provide forest environmental services of land protection, erosion prevention and sediment control, regulation and maintenance of water sources, carbon retention and biodiversity conservation in accordance with the law on forest environmental services.

2. Non-timber forest product development: Forest owners may proactively develop types of non-timber forest products suitable to the characteristics of forest ecosystems without affecting the forests’ main use purposes.

3. Combined agro-fishery production

a/ Forest owners being organizations may combine agro-fishery production on allocated or leased forest and forest land areas under the forest protection and development master plan already approved by a competent state agency;

b/ Forest owners being households, individuals or village communities may use not more than 30% of the allocated or leased forest and forest land areas for combined agro- fishery production; may grow intermingledly agricultural crops under the forest canopy, which, however, must not affect the forests’ main use purposes.

4. Tourism activities

a/ A forest owner may itself/himself/herself organize or cooperate with other organizations and individuals in providing tourist services in state-allocated or -leased forests;

b/ The organization of eco-tourist activities in production forests must not alter the forest use purpose; tourist activities must comply with relevant laws. In case of necessity, tourist facilities may be built in accordance with the land law and construction law.

5. Scientific research, technical and technological application activities

a/ Forest owners may allow or coordinate with organizations and individuals to conduct scientific research and technical and technological application in the allocated or leased production forests in accordance with the law on scientific research;

b/ For scientific research activities, before starting scientific research activities, a forest owner being an economic organization shall notify such to the provincial-level Department of Agriculture and Rural Development; a forest owner being a household, an individual or a village community shall notify such to the commune-level People’s Committee for monitoring and assistance.

6. Management of other types of forests and land in production forests

a/ Special-use or protection forest areas intermingled in production forests shall be managed according to relevant regulations on each type of forests;

b/ Stable residential land, rice fields, gardens and milpa in production forests that are not planned for inclusion in production forests shall be managed in accordance with the land law.

Article 20. Benefits from production forests

1. Forest owners may harvest timber, enjoy the harvested forest product value, and carry out combined agro-forestry activities under Articles 11, 12, 13, 14, 15, 16, 17, 18, and 19 of this Regulation and the following provisions:

a/ For forest owners that are organizations founded by the State, all the proceeds from timber harvest, after fully paying tax and fees under the State’s regulations, may be invested in forest protection and development activities;

b/ For forest owners that are households, individuals or village communities with natural production forests allocated or leased by the State, they may enjoy the value of all harvested forest products under the State’s regulations;

c/ If forest products are harvested from allocated or leased production forests planted by the organizations, households or individuals with their own funds or the state budget funds in conformity with the forest protection and development master plan or plan, the forest owners may enjoy the whole forest product value after fully paying taxes and fees and refunding the state-invested funds under regulations.

2. Forest owners may benefit from mechanisms and policies on production forest investment and protection support and development and policies on payment for forest environmental services under the State’s current regulations.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 21. Responsibilities of ministries, sectors and localities

1. The Ministry of Agriculture and Rural Development shall perform uniform state management of the protection, development and production and business of production forests nationwide in the following fields:

a/ Directing the formulation of forest protection, development, production and business master plans and plans; and guiding the elaboration of sustainable forest management plans and grant of sustainable forest management certificates;

b/ Guiding, examining and supervising localities and forest owners in sustainable forest management and business and granting sustainable forest management certificates; changing forest use purposes; applying silvicultural measures to develop forests; criteria of poor forests, extremely poor forests permitted for regeneration, measures, order and procedures for forest regeneration; harvesting natural timber and timber to serve on-the- spot essential needs, extracting and salvaging timber, and harvesting planted forests and non-timber forest products;

c/ Directing and guiding the making of statistics, inventory and monitoring of changes in forest resources, and the compilation of forest management files;

d/ Coordinating with the Ministry of Planning and Investment, Ministry of Finance and provincial-level People’s Committees in examining and supervising the investment in and support for the protection and development of production forests;

dd/ Mobilizing resources to provide financial and technical support for the protection and development of production forests;

e/ Inspecting, examining and settling disputes and handling violations of the law on forest management, protection and development, organization of production forest production and business in accordance with law and this Regulation; annually reporting on the implementation of the Regulation to the Prime Minister.

2. The Ministry of Planning and Investment:

a/ To assume the prime responsibility for, and coordinate with the Ministry of Finance and Ministry of Agriculture and Rural Development in, balancing investment funds, supporting forest management, protection and development, and organizing production forest production and business in accordance with this Regulation;

b/ To coordinate with the Ministry of Agriculture and Rural Development in inspecting and supervising the implementation of this Regulation.

3. The Ministry of Finance:

a/ To assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development in, balancing and allocating annual non-business funds for managing, protecting and developing forests and organizing production forest production and business under this Regulation;

b/ To coordinate with the Ministry of Planning and Investment and Ministry of Agriculture and Rural Development in summarizing and formulating plans and annual and medium-term budget estimates for implementing this Regulation.

4. Other ministries and sectors shall, within the ambit of their functions and tasks, coordinate with the Ministry of Agriculture and Rural Development and provincial-level People’s Committees in settling related issues during the implementation of this Regulation.

5. Provincial-level People’s Committees shall perform the state management of production forests in the localities in the following fields:

a/ Formulating provincial forest protection and development master plans and plans, directing and guiding district-level People’s Committees in formulating forest protection and development master plans and plans; directing forest owners to formulate sustainable forest management plans and submit them to competent authorities for approval and organize the implementation of such plans, and granting sustainable forest management certificates;

b/ Promulgating documents according to their competence to direct district- and commune-level People’s Committees, organizations, households and individuals in their localities to observe the laws, policies and regimes on forest management, protection and development to increase forest productivity and quality and rationally and sustainably use forest resources;

c/ Organizing the classification of forests and delimitation of boundaries of local forests under the guidance of the Ministry of Agriculture and Rural Development;

d/ Directing and organizing the allocation, lease and recovery of forests and change of forest use purposes and recognition of forest use rights; directing and organizing the compilation and management of forest allocation and lease dossiers in the localities; granting land use right certificates to forest owners in their localities in accordance with law;

dd/ Organizing fire prevention and fighting and pest control and prevention for local forest areas; mobilizing forces to assist forest rangers in preventing forest destructions in their provinces;

e/ Balancing and ensuring local non-business funds and investments as prescribed by the Regulation and the law on state budget for implementing the Regulation;

g/ Inspecting, examining and handling disputes and violations of the law on forest management and protection, development and use in accordance with law. Annually reporting the results of implementation of the Regulation to the Ministry of Agriculture and Rural Development for summarization and report to the Prime Minister.

6. Provincial-level Departments of Agriculture and Rural Development shall assist provincial-level People’s Committees in performing the state management of forests as prescribed in Clause 5 of this Article.-