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THE
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT AND THE MINISTRY OF NATURAL
RESOURCES AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
07/2011/TTLT-BNNPTNT-BTNMT
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Hanoi,
January 29, 2011
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JOINT CIRCULAR
GUIDING FOREST ALLOCATION AND LEASE IN ASSOCIATION WITH
FORESTLAND ALLOCATION AND LEASE
Pursuant to the November 26,
2003 Land Law;
Pursuant to the December 3, 2004 Law on Forest Protection and Development;
Pursuant to the Government's Decree No. 181/2004/ND-CP of October 29, 2004, on
implementation of the Land Law;
Pursuant to the Government's Decree No. 23/ 2006/ND-CP of March 3, 2006, on
implementation of the Law on Forest Protection and Development;
Pursuant to the Government's Decree. No. 88/ 2009/ND-CP of October 19, 2009. on
grant of land use right or house and land-attached ownership certificates;
Pursuant to the Government's Decree No. 01/ 2008/ND-CP of January 3, 2008.
defining the functions, tasks, powers and organizational structure of the
Ministry of Agriculture and Rural Development, and the Government's
Decree No. 7.5/2009/ND-CT of September 10, 2009. amending Article 3 of the
Government's Decree No. 01/2008/ND-CP of January 3, 2008. defining the
functions, tasks, powers and organizational structure of the Ministry of
Agriculture and Rural Development;
Pursuant to the Government's Decree No. 25/ 2008/ND-CP of March 4, 2008.
defining the functions, tasks, powers and organizational structure of the Ministry
of Natural Resources and Environment, and the Government's Decree No.
19/2010/ND-CP of March 5, 2010, amending and supplementing Points c, d, g. h
and i. Clause 5, Article 2 of the Government's Decree No. 25/2008/ND-CP of
March 4, 2008, defining the functions, tasks, powers and organizational
structure of the Ministry of Natural Resources and Environment;
The Ministry of Agriculture and Rural Development and the Ministry of Natural
Resources and Environment jointly guide a number of provisions on the forest
allocation and lease in association with forestland allocation and lease as
follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This
Circular guides coordination between natural resources and environment agencies
and ranger agencies under agriculture and rural development agencies (below
referred to as ranger agencies) in:
a/ Allocating
or leasing forests in association with allocating or leasing forestland for the
first time;
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c/ Completing
cadastral dossiers in case forests have been allocated or leased but forestland
has not yet been allocated or leased or certificates have not yet been granted.
2. In case
land without forest is allocated or leased for forestry purposes or land use
rights are recognized for current users of land with forests planted by
themselves with non-state budget funds, the land allocation and lease and grant
of certificates comply with the land law.
Article 2. Subjects of application
State
agencies, organizations, domestic households and individuals, communities of
villages and hamlets (below referred to as village communities), overseas
Vietnamese, foreign organizations and individuals, and other entities involved
in forestland management and use or forest management, ownership and use under
the land law and the law on forest protection and development.
Article 3. Interpretation of terms
1. Land
planned for forestry purposes means land areas with or without forests which
have been planned by a competent state agency for forestry development purposes
and which are identified based on forest sub-zones, forest plots and forest
lots for management. Particularly. scattered production forests and protection
forests, land planned for forestry purposes may be identified based on
forestland sections.
2. Forestland
means land with natural forests or planted forests meeting forest standards
under the law on forest protection and development; land currently zoned off
for forest recovery, land on which trees arc newly planted but have not yet
become forests; land on which forests are planted or which has been allocated
or leased for forestation; and bare land areas within special-use forests or
protected bare land areas with other forests under the law on forest protection
and development.
Article 4. General provisions
1. Maps used
for forest allocation or lease and forestland allocation or lease belong to the
VN-2000 system of reference of a 1:10.000 or 1:5.000 scale.
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When
cadastral maps are unavailable in localities, existing topographical maps of
the largest scale will be used (including topographical maps of a scale larger
than 1:5,000 or those of a 1:25,000 scale) for forest allocation or lease and
forestland allocation or lease. In case existing maps do not belong to the
VN-2000 system of reference, they must be converted into those belonging to
such system before use.
2. Land
management agencies" and forestland users' certificates, cadastral
dossiers and other documents related to forestland must indicate forest-related
information specified in Article 10, Chapter 111 of this Circular. Such
information must be information summarized from forest allocation or lease
dossiers supplied or appraised and certified by competent ranger agencies.
3. For
forestland areas which were allocated or leased or for which land use rights
were recognized and forests were allocated or leased under state regulations
before the effective date of this Circular, their forest allocation or lease
dossiers, land allocation or lease dossiers, cadastral dossiers and
certificates remain valid while procedures are not required to be carried out
under this Circular. When persons with allocated or leased forests or
forestland or having forestland use rights recognized wish to renew their
certificates, they will be granted certificates under this Circular.
Chapter II
FOREST ALLOCATION OR
LEASE IN ASSOCIATION WITH FORESTLAND ALLOCATION OR LEASE, AND GRANT OF
CERTIFICATES
Article 5. Procedures for forest allocation or lease in
association with forestland allocation or lease, and grant of certificates
1. The order
and procedures for forest allocation or lease and making of forest allocation
or lease dossiers comply with the Government's Decree No. 23/2006/ND-CP of
March 3, 2006. on implementation of the Law on Forest Protection and
Development. Circular No. 38/2007/TT-BNN of April 25. 2007. of the Ministry of
Agriculture and Rural Development, guiding the order and procedures for forest
allocation, lease or recovery for organizations, households, individuals and
village communities {below referred to as Circular No. 38/2007HT-BNN). and
Articles 6. 7 and 11 of this Circular.
The order and
procedures for the allocation or lease, grant of certificates and making of
cadastral dossiers for forestland comply with the land law and Articles 6 and 8
of this Circular. Particularly, the forms of documents used for carrying out
procedures for forestland allocation or lease are replaced with those used for
carrying out procedures for forest allocation or lease in association with
forestland allocation or lease specified in Article 11 of this Circular.
2. Places for
receiving dossiers and lime limit for carrying out procedures for forest
allocation or lease in association with forestland allocation or lease, and
grant of certificates comply with the land law.
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Article 6. Coordination between natural resources and
environment agencies and ranger agencies in forest allocation or lease in
association with forestland allocation or lease or first-time grant of
certificates for forestland
1. After
receiving dossiers of request for forest allocation or lease in association
with forestland allocation or lease or dossiers of application for
certificates, natural resources and environment agencies shall examine the
dossiers in terms of land allocation or lease conditions, and gram certificates
under the land law; and concurrently send 1 set of such dossiers to ranger
agencies of the same level for appraisal of forest allocation or lease
conditions.
2. After
receiving dossiers from natural resources and environment agencies, ranger
agencies shall examine the dossiers and give written opinions on the forest
allocation or lease to natural resources and environment agencies.
3. Natural
resources and environment agencies shall collect dossiers of forest allocation
or lease in association with forestland allocation or lease or certificate
application dossiers and submit them to competent People's Committees for
forest allocation or lease and forestland allocation or lease and grant of
certificates: and update and modify cadastral dossiers or databases.
4. Competent
People's Committees shall issue decisions on the forest allocation or lease in
association with forestland allocation or lease and grant certificates at the
proposal of natural resources and environment agencies.
Article 7. Coordination between natural resources and
environment agencies and ranger agencies in completing forest allocation or
lease dossiers in case forestland has been allocated or leased or forestland
use rights have been recognized but forest allocation or lease dossiers have
not yet been made
1. Natural
resources and environment agencies shall provide information in cadastral
dossiers for forestland areas which have been allocated or leased or for which
use rights have been recognized for ranger agencies to complete forest
allocation or lease dossiers.
2. Ranger
agencies shall check forest-related information on forest use purpose, forest
area, origin, location and boundary in cadastral dossiers and in the field.
When forest
information in the field is consistent with that in cadastral dossiers, ranger
agencies shall make forest allocation and lease dossiers under Clause 2.
Article 11. Chapter III of this Circular, and send them to natural resources
and environment agencies for supplementing certificates and cadastral dossiers
or databases.
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Article 8. Coordination between natural resources and
environment agencies and ranger agencies in completing dossiers in case forests
have been allocated or leased but forestland has not yet been allocated or
leased or forestland use rights have not yet been recognized
1. Ranger
agencies shall provide information in forest allocation or lease dossiers for
natural resources and environment agencies of the same level to complete land
allocation or lease dossiers and grant certificates.
2. For
protection forest management units or special-use forest management units:
a/ Based on
competent state agencies' decisions on establishment of protection forests or
special-use forests and the approved planning on use of special-use forests and
protection forests, provincial-level Natural Resources and Environment
Departments shall assume the prime responsibility for. and coordinate with
Ranger Departments in. examining dossiers of request for forestland allocation
and submitting them to provincial-level People's Committees for allocation of
forestland and grant of certificates.
In the course
of examining dossiers and carrying out procedures lor forestland allocation, to
consider and supplement land use developments and practices at the time of
examination for submitting them to competent authorities for decision.
b/
Provincial-level People's Committees shall allocate forestland and grant
certificates to protection forest management units or special-use forest
management units.
3. For
domestic organizations, foreign organizations and individuals and overseas
Vietnamese currently using forestland: Provincial-level Natural Resources and
Environment Departments shall examine dossiers of request for forestland
allocation or lease, grant certificates indicating the current state of
forestland management and use by organizations (based on their reports
reviewing the current slate of land use); compare such dossiers with forest
allocation or lease dossiers and approved land use plans under the land law;
direct land use right registries to transfer cadastral information and data to
tax offices for identifying land-related financial obligations under law: and
submit the dossiers to provincial-level People's Committees for forestland
allocation or lease and gram of certificates, for land areas currently used in
compliance with forest allocation or lease dossiers and approved land use plans.
4. For
households, individuals and communities currently using forestland:
District-level Natural Resources and Environment Divisions shall direct land
use right registries to examine certificate application dossiers in terms of
the current stale of land use and compare these dossiers with forest allocation
or lease dossiers; and submit the dossiers lo People's Committees of districts,
towns or provincial cities (below referred to as district-level People's
Committees) for grant of certificates for land areas currently used.
5. In case
forestland information in the field is inconsistent with that in forest
allocation or lease dossiers, natural resources and environment agencies shall,
depending on the extent of inconsistency, notify such to ranger agencies for
carrying out procedures to modify forest allocation or lease dossiers or
procedures for forest reallocation or sublease under current regulations.
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CERTIFICATES AND FOREST
ALLOCATION OR LEASE DOSSIERS
Article 9. Certificates
1. Certificates
and their details comply with Circular No. 17/2009/TT-BTNMT of October 21,
2009. of the Ministry of Natural Resources and Environment, on land use right
or house and land-attached ownership certificates (below referred to as
Circular No. 17/2009/TT-BTNMT) and this Circular.
2. The
natural resources and environment agency shall send one (1) copy of each
certificate to the ranger agency of the same level.
Article 10. Presentation of information in certificates
Information
on planted production forests shall be presented under Circular No.
17/2009/TT-BTNMT. In addition, some information on land lots at Point 1. Land
lot:" and information on forests other than planted production forests at
Point "6. Notes:". Section II of a certificate shall be presented as
follows:
1. At Point
"1. Land lot:'', write the address and area of the land section as
follows:
a/ Address:
Write the number of the land lot. plot or sub-zone before writing the name of
the locality where exists the land section:
b/ Area:
Write in square meter (m2), for owners of forests of under 10 ha. or hectare
(ha), for owners of forests of 10 ha or larger, which shall be rounded to 2
decimal digits, e.g., 10.34 ha.
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2. At Point 6
Notes:
a/ For
domestic organizations, foreign organizations and individuals and overseas
Vietnamese managing and using forests other than planted production forests,
write: "Forest ownership is not certified. Detailed information on forest
indicated in forest allocation or lease dossier No. ... kept at
provincial-level ranger agency."
b/ For
households, individuals and village communities managing and using forests
other than planted production forests, write: ''Forest ownership is not
certified. Detailed information on forest indicated in forest allocation or
lease dossier No. ... kept at district-level ranger agency."
Article 11. Forest or forestland allocation or lease dossiers
1. In the
case of forest allocation or lease in association with forestland allocation or
lease. a dossier shall be made according to the form attached to this Circular
(not primed herein). comprising:
a/ An
application for forestland or forest allocation or lease, for households,
individuals and village communities (form No. 0I/GDGR); or an application for
forestland or forest allocation or lease, for domestic organizations (form No.
02/GDGR); or an application for forestland or forest lease, for overseas
Vietnamese and foreign organizations and individuals (form No. 03/GDGR);
b/ A decision
or forestland or forest allocation, for households, individuals and village
communities (form No. 04/GDGR): or a decision on forestland or forest lease,
for households and individuals (form No. 05/GDGR); or a decision on forestland
or forest al location, for domestic organizations (form No. 06/GDGR): or a
decision on forestland or forest lease, for domestic organizations, foreign
organizations and individuals and overseas Vietnamese (form No. 07/GDGR);
c/ A contract
on forestland or forest lease, in case of forestland or forest lease (form No.
08/GDGR);
d/ A
statement of information on the forest in association with the allocated or
leased forestland section (form No. 09/GDGR):
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f/ A record
of on-site forestland or forest handover.
2. In the
case of completing forest allocation or lease dossiers after the forestland
allocation or lease or recognition of forestland use rights, a dossier shall be
made according to the form provided by the Ministry of Agriculture and Rural
Development under Circular No. 38/2007/TT-BNN.
3. Forest and
forestland allocation or lease dossiers specified in Clauses 1 and 2 of this
Article shall be kept by land use right registries (as documents enclosed with
cadastral dossiers) and ranger agencies under People's Committees competent to
allocate or lease forests.
Chapter IV
ORGANIZATION OF
IMPLEMENTATION
Article 12. Implementation responsibilities
1. The
Ministry of Agriculture and Rural Development shall:
a/ Direct,
examine, urge and guide localities in the forest allocation or lease in
association with forestland allocation or lease under law;
b/ Guide and
summarize statistics and examine the management and use of forests nationwide,
ensuring compatibility with forestland area statistics made by the natural
resources and environment sector;
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d/ Direct
public information about the forest allocation or lease in association with
forestland allocation or lease;
e/ Direct the
establishment and updating of databases and information systems and the storage
of databases of forest allocation or lease; and dossiers of forest allocation
or lease in association with forestland allocation or lease; and provide
information in databases to the Ministry of Natural Resources and Environment.
2. The
Ministry of Natural Resources and Environment shall:
a/ Direct,
examine, urge and guide localities in the forestland allocation or lease in
association with forest allocation or lease under law;
b/ Guide and
summarize statistics and examine the management and use of forestland nationwide,
ensuring compatibility with forest area statistics made by the agriculture and
rural development sector;
c/ Provide
the Ministry of Agriculture and Rural Development with information on
forestland. forestland allocation or lease and recognition of forestland use
rights;
d/ Direct the
establishment, updating and storage of cadastral dossiers and databases and
certificates, ensuring their consistency with forest allocation or lease
dossiers; and provide information in databases to the Ministry of Agriculture
and Rural Development.
3.
Provincial-level People's Committees shall:
a/ Direct the
formulation, approval and organize the implementation of overall schemes on
forest allocation or lease in association with forestland allocation or lease
in localities; recover forests and forestland in localities under the land law
and the law on forest protection and development:
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c/ Direct
functional agencies at all levels to coordinate with one another in examining,
settling disputes and handling violations of the land law by organizations
currently managing and using forestland;
d/ Decide on
the forest allocation or lease in association with forestland allocation or
lease and grant certificates according to their competence:
e/ Direct
functional agencies and People's Committees of lower levels to complete
dossiers and decide on forest allocation or lease for forestland areas which
have been allocated or leased or for which use rights have been recognized; and
decide on the forestland allocation or lease and grant certificates for the
allocated or leased forestland areas:
f/ Direct
natural resources and environment agencies to provide information in cadastral
dossiers or maps and forestland-related documents for local ranger agencies to
serve forest allocation or lease work.
4.
District-level People's Committees shall:
a/ Direct the
formulation of overall plans on forest allocation or lease in localities and
submit them to provincial-level People's Committees for approval and
implementation; and approve overall forest allocation plans of commune-level
People's Committees;
b/ Direct the
forest allocation, lease and recovery in association with forestland
allocation, lease or recovery under the land law and the law on forest
protection and development:
c/ Decide on
the forest allocation or lease in association with forestland allocation or
lease and grant certificates according to their competence;
d/ Direct
functional agencies in completing dossiers and decide on the forest allocation
or lease for the forestland areas which have been allocated or leased or for
which use rights have been recognized; decide on the forestland allocation or
lease and grant certificates for the allocated or leased forestland areas.
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a/ Publicize
and provide sufficient information on the forest and forestland allocation or
lease and the rights and obligations of forestland users and forest owners in
localities;
b/ Review and
study the situation of forest and forestland management and use by households,
individuals and village communities in localities; coordinate with superior
professional agencies in reviewing and studying the situation of forest or
forestland management and use by domestic organizations, foreign organizations
and individuals and overseas Vietnamese in localities:
c/ Receive
and process certificate application dossiers and forest allocation dossiers
under regulations: and organize handover or receipt of forests on the site:
d/ Update
information on and databases of forest and forestland dossier management in
localities.
6. Ranger
agencies at all levels shall-
a/ Advise competent
authorities on organizing the forest allocation or lease in association with
forestland allocation or lease:
b/ Carry out
the forest allocation or lease in association with forestland allocation or
lease; and manage forest allocation or lease dossiers in localities;
c/ Conduct
public information about the forest allocation or lease in association with
forestland allocation or lease;
d/ Coordinate
with natural resources and environmental agencies of the same level in
providing and exchanging necessary information to serve the forest and
forestland allocation or lease; ensure that forest-related information in
forest allocation or lease dossiers is consistent with that in cadastral
dossiers and certificates;
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f/ Establish
and update databases and information systems and store databases of forest
allocation or lease; and summarize and report them under current regulations;
g/ Coordinate
with natural resources and environmental agencies in assisting People's
Committees of the same level to examine, inspect, handle violations and settle
disputes over forestland use under law.
7. Natural
resources and environmental agencies at all levels shall:
a/ Advise
competent authorities on organizing the forestland allocation or lease in
association with forest allocation or lease:
b/ Carry out
the forestland allocation or lease in association with forest allocation or
lease; and manage cadastral dossiers in localities;
c/ Conduct
public information about the forest allocation or lease in association with
forestland allocation or lease;
d/ Inspect
and supervise the forestland management, protection and use by forestland users
after the forestland allocation or lease and grant of certificates;
e/ Establish
and update databases and information systems and store databases of forestland
allocation or lease and grant of certificates; and summarize and report them
under current regulations;
f/ Coordinate
with ranger agencies of the same level in providing and exchanging information
on the forestland allocation or lease in association with forest allocation or
lease; ensure that forest-related information in cadastral dossiers and
certificates is consistent with that in forest allocation or lease dossiers;
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Article 13. Effect
1. This
Circular lakes effect on March 25. 2011.
2. Any
problems arising in the course of implementation should be promptly reported to
the Ministry of Agriculture and Rural Development and the Ministry of Natural
Resources and Environment for consideration and settlement.
FOR
THE MINISTER OF
NATURAL RESOURCES AND ENVIRONMENT
DEPUTY MINISTER
Nguyen Manh Hien
FOR
THE MINISTER OF
AGRICULTURE AND RURAL DEVELOPMENT
DEPUTY MINISTER
Hua Duc Nhi