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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
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Hanoi, May 20,
2011
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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:
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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:
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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.
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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).
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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:
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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.
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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:
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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:
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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