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THE MINISTRY OF
AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
02/1999/QD-BNN-PTLN
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Hanoi, January
05, 1999
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DECISION
ISSUING THE REGULATION ON EXPLOITATION OF TIMBER AND FOREST
PRODUCTS
THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
Pursuant to the Law on Protection and
Development of Forests of August 19, 1991;
Pursuant to Decree No.73-CP of November 1, 1995 of the Government providing for
the function, tasks and powers and organizational structure of the Ministry of
Agriculture and Rural Development;
Pursuant to Directive No.286/TTg of May 2, 1997 of the Prime Minister on
intensifying urgent measures to protect and develop forests;
Pursuant to Decision No.245/TTg of December 21, 1998 of the Prime Minister on
the discharge of the State managerial responsibilities of the various levels
over the forest and forest land;
At the proposal of the Director of the Forestry Development Department;
DECIDES:
Article 1.- To issue
together with this Decision the "Regulation on exploitation of timber and
forest products".
Article 2.- This
Decision takes implementation effect 15 days after its signing. The earlier
regulations which are contrary to this Regulation are now annulled.
Article 3.- The Director
of the Ministry Office, the Heads of the related Departments, institutes and
schools, the directors of the Agriculture and Rural Development Services, the
Heads of the Forest Control Departments, the directors of the General
Corporations, Corporations and enterprises engaged in activities of timber and
forest products exploitation shall have to implement this Decision.
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FOR THE MINISTER OF
AGRICULTURE AND RURAL DEVELOPMENT
VICE MINISTER
Nguyen Van Dang
REGULATION
ON EXPLOITATION OF TIMBER AND FOREST PRODUCTS
(Issued together with Decision No.02/1999/QD- BNN-PTLN of January 5, 1999 of
the Ministry of Agriculture and Rural Development)
Chapter I
GENERAL PROVISIONS
Article 1.- Forests
are a precious asset of the country. The exploitation of forests must ensure
the objective of preserving and developing the existing forest asset. All
activities that lead to the deterioration of the quality and quantity of
forests are strictly forbidden.
Article 2.- This
Regulation provides for State management in the domain of exploitation of
timber and forest products in the natural forests, planted forests in the areas
of productive and protection forests; the full harvesting of timber and forest
products on different types of forest land and other lands.
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Article 3. - The
exploitation of a forest must strictly abide by the provisions in Articles 37,
38 and 39 of the Law on Protection and Development of Forests.
Exploitation by pruning, full harvest of timber
and forest products must comply with the technical process and regulations and
the plan of forest regulation or the economic-technical thesis or investment
project ratified by the competent authority.
Article 4.- The
exploitation of timber and forest products can be conducted only in the forests
of which the owners are recognized by law, including:
Forests and forest land are assigned by the
State to enterprises, organizations, family households and individuals
(collectively called forest owners) for planting, management, protection,
production and business.
Forest owners have to discharge their
obligations and responsibilities stipulated in Articles 40 and 41 of the Law on
Protection and Development of Forests, carry out the regime of reporting to the
State management agencies uniformly applied throughout the country under this
Regulation.
For forest areas still without owners, managed
by the local authorities and not being subject to timber exploitation, it is
only allowed, to gather dried and dead trees for use and to exploit forest
products other than timber.
Article 5.- State
management agencies shall have to inspect and supervise the exploitation of timber
and forest products according to this Regulation.
Chapter II
EXPLOITATION OF TIMBER,
BAMBOO AND FOREST PRODUCTS IN PRODUCTION FORESTS AND NOT CRUCIAL PROTECTION
FORESTS
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Article 6.- Forests
subject to exploitation:
1. Natural timber forests of single breed or
forests of mixed timber of different ages which have not been exploited or
which have been exploited but have been fostered for a prescribed time of an
exploitation cycle and have a reserve attaining the following criteria:
a/ For ever-green broad-leafed forests and
semi-deciduous forests with reserves of:
- More than 90 m3/ha for provinces
from Thanh Hoa northward.
- More than 110 m3/ha for provinces
from Nghe An to Thua Thien-Hue.
- More than 130 m3/ha for provinces
from Da Nang southward.
b/ For dry-open forests of diptcrocarps with
reserves of more than 100m3/ha.
c/ For coniferous forests with reserves of more
than 130 m3/ha
The rate of the trees with exploitable diameter
in all the three above mentioned types of forests must exceed 30 per cent of
the total reserve.
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e/ For forests with timber mixed with bamboo,
the reserve of timber must be:
- More than 50 m3/ha for provinces
from Thanh Hoa northward.
- More than 70 m3/ha for provinces
from Nghe An southward.
2. Natural timber forests of single species
which have attained the age of technological proficiency.
Article 7.- Initial
legal basis.
1. Every five years, the organizations and
enterprises of all economic sectors (enterprises for short) shall have to
revise their plans of forest regulation to drawn up the plan of exploitation
and their projects of production and business for the five subsequent years and
to submit them to the Ministry of Agriculture and Rural Development for
approval.
2. The annual targets of exploitation ratified
in the plan of forest regulation shall be limited primarily according to their
acreage, while the output may increase or decrease depending on the state of
the forests. The acreage for exploitation in each year may be lower or higher,
but the maximum must not exceed 20per cent compared with the area allowed to be
left over for compensation so that the average area in five years shall not
exceed the allowed level.
3. Each year the Ministry of Agriculture and
Rural Development shall propose to the Prime Minister the level of exploitation
of large timber in natural forests allowed for exploitation in the following
year.
Pending ratification by the Government, the
Ministry of Agriculture and Rural Development shall assign the provisional
guiding target for exploitation to the localities and units. Basing itself on
this target and the plan of regulation already ratified, the Agriculture and
Rural Development Service shall request the provincial People�s Committee to provisionally
assign the guiding plan on timber production to the enterprises so that they
can direct the design and draw up the plan of production and business.
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1. Units allowed to design exploitation:
The establishment of the dossier for
exploitation design and the plan of production and business must be done by the
specialized agency with full legal status. This includes:
- Designing organizations of the Agriculture and
Rural Development Service or of the enterprises decided by the provincial
People�s Committee.
- Designing organizations of the Survey and
Planning Institute, the Forestry Science Institute, the forestry technical
schools, the corporations, the General Corporations attached to the Central
Government decided by the Ministry of Agriculture and Rural Development.
2. Responsibility of the designing unit:
The designing unit must take full responsibility
before law for the quality of the design with the following main contents:
- To design for the right objects.
- To determine the right location and acreage of
exploitation according to each area, piece and lot.
- To determine the technical norms (intensity
and utilization rate).
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- To ensure that the margin of error on the
design output does not exceed 10per cent.
- To establish the necessary tables, charts,
maps and legends as directed.
3. Basis for designing:
- The forest regulation plan already ratified by
the competent authority.
- The related technical norms and rules.
4. Main technical norms in designing for
exploitation:
a/ Method of exploitation:
- Selective exploitation for objects under
Clause 1, Article 6.
- Full exploitation or selective exploitation in
order to change to forests not of the same age for forests under Clause 2,
Article 6.
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- 35 years for ever-green forests,
semi-deciduous forests, coniferous forests and forests of mixed timber and
bamboo.
- 40 years for dry-open forests of diptcrocarps.
- 10 years for pit-prop yielding forests.
c/ Intensity of exploitation:
Exploitation intensity is based on the
percentage of the trees felled in the lot compared with the reserve of the lot
before the cutting.
Exploitation intensity including discard cutting
and breakage during the exploitation shall not exceed 45 per cent).
Exploitation intensity not including discard
cutting and breakage is determined as follows:
- For the ever-green broad-leafed forests,
semi-deciduous forests and coniferous forests with large timber trees:
+ Reserve 90-150 m3/ha, intensity
18-24 per cent
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+ Reserve 200-300 m3/ha, intensity
26-34 per cent
+ Reserve over 300m3/ha, intensity
32-38 per cent
- For dry-open forests of diptcrocarps,
intensity shall increase one grade as compared with the above- said reserve
grades.
- For forests of mixed timber and bamboo
species, intensity 20-40 per cent.
- For pit-prop business forests:
+ Reserve 70-100 m3/ha, intensity
20-25 per cent
+ Reserve 100-120 m3/ha, intensify
26-30 per cent
The above exploitation intensity is determined
for areas with a sloping level of less than 15o. Past this mark, the
intensity shall have to decrease accordingly by 5 per cent when the sloping
level increases by 10o.
d/ Minimum exploitation diameter for trees in
the forests yielding large timber:
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Timber of groups I and II = 45cm
Timber of groups from III to VI = 35cm
Timber groups VII and VIII = 25cm
- For provinces from Nghe An to Thua Thien-Hue:
Timber of groups I and II = 45cm
Timber of groups III to VI = 40cm
Timber of groups VII and VIII = 30cm
- For provinces from Da Nang southward:
Timber groups I and II = 50cm
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Timber groups VII and VIII = 35cm
e/ Utilization rate:
The utilization rate is based on the percentage
of the product volume compared with the volume of the whole tree (volume of
standing tree). More concretely:
- Large timber is the trunk of the tree from the
base section to the section at the freight below the branches. Depending on the
means of transport, the tree trunk can be divided into sections for hauling to
the delivery ground. The unit is cubic meter.
- Branch and top timber is the timber of
branches and the tree tops irrespective of size and length. The unit of
measurement is cubic meter.
- Firewood is the part of the branches and tops
that cannot be used as timber.
Depending on the characteristics of the species
of tree cuts, the terrain condition, the distance of transportation and the
capacity of consumption, the utilization rate is allowed to be designed within
the following limits:
Large timber from 55 to 70 per cent
Branch and top timber from 5 to 15 per cent
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In case of discard cutting and forest clean-up,
the volume of fully harvested products shall be listed separately in the table
of products exploited. The marking with the discard tree hammer shall follow
the provisions of Article 34 below:
Particularly for pit-prop timber, the
utilization rate is calculated as follows:
Large timber of the tree trunk (diameter >
25cm) from 10 to 15 per cent
Pit-prop timber (diameter 24cm) from 65 to 70 per cent
Firewood 5 per cent
5. Main content of designing for exploitation:
a/ Extra work:
- Demarcation of lots and pieces on the site.
- To cut a boundary between the lots and pieces,
to measure and draw a sketch of the exploitation area on the scale 1/5000.
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- To measure and count the trees in order to
determine the reserve of timber on which basis to project the intensity of
exploitation.
- On the basis of the projected exploitation
intensity, to discard trees and mark the trees eligible for exploitation (not
belonging to the species on the ban list), the discard trees; to clean up the
forests for fostering; to determine the trees to be cut for the making of exit
and transport routes and to build timber yards.
- To measure and count the trees to be
discarded.
Specifically for the pit-prop timber, there
needs only to mark the discard trees with paint, no need to use the hammer
markings.
b/ Internal work:
- To calculate to determine the timber output
according to the sizes and the eight groups of timber. The permitted error
margin in output between design and reality is 10 per cent.
In case a number of species are not yet
classified among the 8 species of timber and if one of them has a volume
smaller than 500 m3 (within a province), it shall be temporarily
classified into in appropriate form on the basis of the characteristics of its
timber and the preference of the market.
If its volume exceeds 500 m3/ha, a
sample of this timber must be sent to the Forestry Science Institute for
evaluation and classification. Pending the result of the evaluation it shall be
temporarily classified into an appropriate group of timber for the making of
the design dossier to be submitted for approval.
- To determine accurately the exploitation
intensity and the utilization rate.
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Article 9.- Evaluation
of the design for forest exploitation:
The Agriculture and Rural Development Service
shall evaluate the design of production with the following main contents:
- The objects of exploitation are production
forests and protection forests not lying in crucial areas and which attain the
criteria as stipulated in Clause 1, Article 6 and in the sub-sectors allowed to
be exploited in the plan of forest regulation.
- The quality of trees to be discarded: trees
that have reached the criteria for exploitation.
- The rationality of the exit route and timber
yards (in case trees must be cut to build routes and timber yards).
Article 10.- Ratifying
the exploitation design:
The Agriculture and Rural Development Service
shall set up a council to evaluate the design of exploitation for the
enterprises based on the following main aspects:
- Forests subject to exploitation.
- Technical norms.
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- Capital constriction norms, cost of
exploitation, processing, consumption of products, forestry norms.
- Complete dossier as guided.
In case of a change of the location compared
with the regulation plan, if it deems reasonable, the Service shall make a
written proposal to the Ministry of Agriculture and Rural Development for the
change. Pending the reply in writing, it is allowed to put this location into
the designed acreage.
Article 11.- Procedures
of reporting and issuing decision:
- After ratifying the concrete design for
exploitation for the enterprises, the Agriculture and Rural Development Service
shall sum up the situation and report it to the provincial People's Committee
for approval.
- The provincial People's Committee shall ratify
the overall exploitation design and submit it to the Ministry of Agriculture
and Rural Development for evaluation.
- The Ministry of Agriculture and Rural
Development shall evaluate the dossier according to the contents in Article 10
and issue the decision allowing the forests to be opened for exploitation in
each province and in the whole country. In the decision, the locations,
acreages and outputs allowed for exploitation must be clearly specified.
All the above works must be completed before the
31st of December of the previous year.
- On the basis of the decision of the Ministry
the provincial People's Committees shall decide to issue permits for
exploitation to the enterprises.
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Article 12.-
Exploitation:
After getting the permit of exploitation, the
enterprise may sell standing trees or organize itself the exploitation
according to the following contents:
1. To organize bidding for the sale of standing
trees or to hire an exploitation unit to sign exploitation contracts, or issue
a document assigning the exploitation (if the exploitation unit is attached to
the enterprise).
2. To deliver the exploitation area: the
enterprise shall hand over the exploitation site attached with the design
dossier and the trap to the exploitation unit and record in writing the
hand-over and at the same time send one set of the dossier to the local ranger
service in order to supervise the implementation.
3. Preparation for exploitation: The
exploitation unit shall make preparations for exploitation such as cutting the
creepers, open new exit routes, repair the old ones and build timber storages
and yards.
4. Exploitation: Felling the trees marked with
the discard tree hammer and move the trees to the delivery ground of the
exploitation area.
- Cutting of trees without discard markings is
strictly forbidden.
- Cutting must be made on at least 95 per cent
of the marked trees.
If the number of marked trees which remain uncut
exceed 5 per cent, the enterprise must report on the reason and must get the
approval of the Agriculture and Rural Development Service.
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- After the timber has been hauled to the
prescribed yard, the enterprise shall have to classify and pile them and record
the timber history.
- The number of timber sections at the yard
(including sectioned trees) must match the number of felled trees bearing the
discard markings.
- The forest owner shall inform the local forest
control service so that the latter can inspect and verify and mark the trees
with the forest control hammer as currently prescribed.
5. Within 2 months after completion of the
felling and hauling of the timber out of the lot, the forest must be cleaned
up.
6. On the change of exploitation site of the
forest already decided open to exploitation:
- The Agriculture and Rural Development Service
shall send a written proposal to the Ministry of Agriculture and Rural
Development stating the reason for the change of the site, attached to the
dossier of the new design.
Article 13.- Time-limit
of exploitation:
The time-limit for exploitation shall cover the
period from the first of January to the 31st of March of the
following year.
In case not all the ratified volume is exploited
it is allowed to change the design dossier for submission to approval in the
exploitation plan of the next year.
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After completion of the exploitation or at the
end of the time limit for exploitation, the Agriculture and Rural Development
Service together with the Forest Control Department and the local Forest
Control Service shall inspect the site and make a written record evaluating the
implementation of exploitation according to the following contents:
- Whether or not exploitation is made on the
right location
- Whether or not the cutting is made on the
trees with the discard marking and whether or not all the marked trees are cut.
- Maximum allowed margin of error between the
total volume of products and the products yielded according to species and
categories compared to the design is 10 per cent. The maximum error allowed for
timber group IIa is 5 per cent.
- The state of timber utilization, the height of
the cutting, the branches and tops left over, the forest clean-up.
- Suggestions to the enterprise and exploitation
unit on shortcomings (if any) which need to be remedied.
- Suggestions of measures of handling the
violations, if any.
Article 15.- Closing
the forest after exploitation:
After completion of exploitation and test on
completion, the Agriculture and Rural Development Service shall issue the
decision to close the forest to exploitation and report to the Ministry of
Agriculture and Rural Development.
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The dossier on the forest history shall be made
after exploitation with a view to monitoring throughout a cycle of fostering.
SECTION 2. FULL HARVESTING
Article 16.- Forests
subject to full harvesting:
1. Forests that must be exploited to change the
use objectives after filling all the procedures as currently required (mining,
water reservoir, communication roads, construction works, planting of
agricultural and industrial trees...).
2. Depleted forests with low output and quality
that need to be exploited and replanted with forests of higher output and
quality according to the economic and technical studies or projects already
ratified by the competent authority.
3. Forests lying on routes of timber exit and
transport or on timber storages and yards.
4. Forests not yet attaining the exploitation
age which are allowed to conduct fostering cutting and pruning; selected
forests for cutting to be converted into breeding forests.
5. Depleted forests allowed to be enriched
through the method of planting by bands or strips.
6. Forests with trees that have died of fires,
pests and diseases or from resin yielding or unfavorable weather conditions.
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Article 17.- Full
harvesting of the forests defined in Clause 1, Clause 2, Clause 3, Clause 6 and
Clause 7, Article 16:
1. Design for full harvesting:
- To determine the boundary and acreage by the
lots, tracts and areas or by the sectors of the area of full harvesting
according to the legal document already ratified.
- To measure, count and mark with the discard
tree hammer all the trees of more than 25 cm in diameter.
- To calculate the volume of the main product
(with diameter of more than 25 cm) that may be fully collected according to
their sizes and species or types.
- To estimate the volume of products of small
timber and firewood that may be fully harvested.
2. Procedures of report and ratification:
- For objects described in Clause 1 and Clause 2
Article 16, the Agriculture and Rural Development Service shall evaluate the
dossier and report to the provincial People's Committee for decision to allow
full harvesting.
- For objects described in Clause 3 Article 16,
the designing and procedure of report and ratification shall be conducted at
the same time as the exploitation of timber of natural forests stipulated in
Section 1, Chapter II.
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3. Full harvesting of the above forests:
- To see that the cutting is done in the right
area and on the right acreage according to the ratified legal documents. It is
strictly forbidden to introduce timber cut in other places into the area of
full harvesting.
- To see that the forest products are fully
exploited and avoid wastefulness.
Article 18.- Full
harvesting of forests under Clauses 4 and 5, Article 16:
1. In principle: Absolute respect is required
for the regulations on objects and measures of impacting in the regulations on
technical forestrial measures applied to timber and bamboo productive forests
(QPN 14-92) and the regulations on building breeding forests from conversion
(QPN 16-93).
It is strictly forbidden to take advantage of
fostering cutting and forest enrichment to exploit timber.
2. Technical norms:
- Cutting intensity by the volume shall not
exceed 15 per cent for fostering cutting and shall not exceed 30 per cent for
forest enrichment.
- Timber from full harvesting shall not exceed
10 m3/ha for fostering cutting and shall not exceed 15 m3/ha
for forest enrichment.
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3. Design for full harvesting:
- To determine the enclosure and acreage
according to each sub-sector, piece and lot.
- To arrange bands for cutting and left-over
bands or strips according to the forest enrichment technique.
- To mark trees for discard, use the discard
marking hammer on the trees that can be fully harvested with diameter of more
than 25 cm on the cutting band.
- To mark trees for discard, use the discard
marking hammer on the trees with diameter of more than 25 cm for forest
fostering. The trees marked for discard must be bent, twisted, diseased,
stunted trees without tops and trees without economic value. The trees to be
discarded or killed without need of full harvesting, only marking with paint is
needed.
- To calculate the volume of products that can
be fully harvested.
4. Procedures for reporting and approval :
- The Agriculture and Rural Development Service
shall inspect the site with the two following main contents:
+ The object- forests
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- The Agriculture and Rural Development Service
shall ratify the design and submit it to the provincial People�s Committee for the issue of
decision to allow the execution.
SECTION 3. FULL HARVEST OF
LYING TIMBER OF VARIOUS KINDS (FULL HARVEST FOR SHORT)
Article 19.- Timber to
be fully harvested:
Timbers that shall be fully harvested are all
kinds of dried and sapless timber, burnt timber in the form of lying timber
(including stump timber, branches, tops, roots, outer layers...) of all sizes
on the two following kinds of land:
1. Forest land: timber left over on old
exploitation sites, on waste fields.
2. Agricultural land: timber on fixed hilly
fields, crop fields, gardens of industrial trees.
Article 20. -
Procedures of work:
- To inventory the concrete number of sections
or tree stumps, their sizes, volumes and categories in each sub-sector, tract,
lot or garden plot, crop field, hilly field... To mark with the discard tree
hammer the sections of trunks with diameter of 25 cm and more.
- The Agriculture and Rural Development Service
shall inspect on the site and in the dossier, sum up the situation and report
to the provincial People's Committee for decision to allow implementation.
Particularly for timber of Group IIA under Decree No.18/HDBT of January 17,
1992, there must be written consent by the Ministry of Agriculture and Rural
Development.
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Article 21.-
Exploitation of bamboo:
1. Objects: Bamboo forests with coverage of more
than 70 per cent and with the number of old trees and middle-aged trees on 40
per cent of the total of trees.
2. Technical norms: compliance with the
processes and regulations already promulgated.
- Exploitation cycle: 2-4 years.
- Intensity: from 1/4 to 2/3 number of trees.
- For the species growing in groves at least 10
trees must be left in each grove.
- Age of exploitable tree: more than 2 years.
3. Design for exploitation:
- To mark the boundary, planting markers for the
plots and tracts on the terrain.
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- To make a clear demarcation of the areas on
the exploitation acreage.
- To measure and count the trees.
- To calculate the output of exploitation by the
number of trees or the trees converted into metric tonnes for each lot and sum
them up according to each piece, each sub-sector and the whole enterprise.
4. Procedures of reporting for approval and to
conduct exploitation:
The enterprise shall make the dossier of the
design for exploitation according to the technical contents mentioned above and
report it for approval as follows:
- For the units under provincial management: the
Agriculture and Rural Development Service shall ratify the design and issue the
permit for exploitation. The permit shall be sent to the local Forest Control
Service as basis for inspection and supervision.
- For units under the General Corporation or
Corporation under central control, the General Corporation or Corporation shall
approve the design and issue the permit for exploitation. The permit shall be
sent to the Agriculture and Rural Development Service and the local Forest
Control Service for inspection and supervision.
Article 22.-
Exploitation and gathering of forest products other than timber and bamboo:
1. Exploitation of products with big and
concentrated quantities: The enterprise shall have to make the design and
report for approval as follows:
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- For the enterprises attached to the
Corporations or General Corporation not attached to the province. the
Corporations or General corporation shall ratify the design and issue the
permit for exploitation.
2. With regard to the gathering of products with
small and scattered quantities and not on the ban list (Group IA) as stipulated
in Decree No.18-HDBT of January 17, 1992 such as cardamom, rattan, morinda
officinalis, chestnuts... the enterprises are allowed to gather them on the
principle of not damaging the growth of these products.
The buyer needs only to send an application to
the Agriculture and Rural Development Service in order to be issued the permit
for buying. In the application the kinds, volumes and places of purchase must
be clearly specified.
SECTION 5. EXPLOITATION OF
PLANTED FORESTS OF FOREST OWNERS, ORCHARD TIMBER AND TIMBER OF NATURAL FORESTS
OWNED BY HOUSEHOLD FAMILIES
Article 23.-
Exploitation of concentrated forests with budget fund, non-refund aid fund and
preferential loans of the enterprises:
1. Technical norms:
a/ Age of exploitable trees
- The exploitable age of trees of planted
forests depends on the kinds of trees, the quality requirement and the specifications
of products, economic and social efficiency and the environment of the planted
forests.
- The exploitable age of trees of forests
planted by units in the province shall be decided by the Agriculture and Rural
Development Service at the proposal of the enterprises.
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b/ Method of exploitation: wholesale cutting or
complete cutting on a lot. After exploitation, reforestation must be done
immediately in the next afforestation drive.
c/ Utilization rate:
- Material timber: from 70 per cent to 80 per
cent.
- Firewood: from 10 per cent to 15 per cent.
2. Dossier of exploitation: the making of the
dossier of exploitation shall be done in a simple manner, no need of extra
forestrial measurement and counting, but only visual estimate combined with the
existing documents and maps. The following must be done:
- To determine the location and acreage for
exploitation.
- To determine the age of the trees, their
reserves, utilization rate and output.
- To make the sketch-plan of exploitation on a
scale of 1/5000.
- To draw up the plan of reforestation.
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3. Procedures of issuing permits for
exploitation:
a/ For units under the province, the Agriculture
and Rural Development Service shall approve the dossier and issue the exploitation
permit.
b/ For units under Corporations or General
Corporations not attached to the province, the Corporations or General
Corporations shall approve the dossier of exploitation, issue the exploitation
permit and send them to the Agriculture and Rural Development Service for
monitoring and management.
c/ The decisions and permits mentioned in Point
a and Point b shall be sent to the local forest control sub-sector for
inspection and supervision.
Article 24.-
Exploitation of planted forests, orchard timber, scattered trees planted by the
forest owners themselves with their own investment:
1. The exploitable age of trees in the forests
planted by the forest owners from their own investment or borrowings shall be
decided by the forest owners themselves.
2. For the kinds of trees not existing or almost
not existing in the natural forests such as eucalyptus, acacia, pipal tree,
prunus armeniaca, cajeput-tree, mangrove, jack-tree timber mango, longan and
fir tree, the forest owners can decide themselves and are free to circulate and
sell them.
3. For the kinds of tree that are also found in
natural forests but are not listed among the banned trees (Group IA) stipulated
in Decree No.18/HDBT of January 17, 1992 of the Council of Ministers such as
chukrasia, canari-tree, cinamomum albiflorum, chestnut-tree, the forest owner
needs only to inform the local Ranger Sector if they are felled for commercial
purposes or the commune People�s
Committee if they are felled for on-the-spot use so that they can be certified
as trees cut from planted forests, gardens or scattered trees.
Article 25.-
Exploitation of planted forests of family households and individuals with aid
fund or preferential loans:
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- For forests planted with preferential loans:
to comply with Article 24.
Article 26.- Pruning of
planted forests:
1. The forest owner shall decide himself in case
of no full harvest of forest products.
2. In case of full harvest of forest products:
a/ For forests planted with budget fund or
preferential loans fund.
- Technical norms:
+ To observe the process and order in forest
pruning.
+ Cutting intensity not exceeding 50 per cent.
More concretely:
In case of select pruning, intensity of cutting
by the number of trees (percentage of trees cut against total of trees) must be
smaller than the cutting intensity by the volume (percentage of the reserve cut
against the total reserve).
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+ Discard trees are stunted trees, curved or
bent, pest affected, having lost their tops, or are dying.
- Making the dossier for pruning:
+ To determine the location and acreage for pruning.
+ Discarding trees: marking for discard with
paint in case of select discard: marking the row to be cut or the plan to cut
one tree after many trees in case of mechanical pruning.
+ To make a dossier to record the age, height,
diameter, number of trees and volume of the portion of forest to be pruned.
+ To determine the intensity of cutting.
+ To calculate the number of trees to be cut and
those to be left over.
+ To determine the volume to be cut and that to
be left over.
+ To determine the output.
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+ For units under the province, the provincial
service shall ratify and issue permits for pruning.
+ For units under the Corporations and General
Corporations not attached to the province, the Corporations and General
Corporations shall ratify and issue the permit for pruning.
b/ For planted forests funded by the forest
owners themselves: the forest owners shall make their own decisions.
Article 27. -
Exploitation of forests raised by the forest owners or natural forests owned by
collectives and family households:
a/ Exploitation to meet the need in firewood and
furniture timber of the forest owners: the forest owners need only to inform
the local commune People�s
Committee.
b/ Commercial exploitation:
The forest owner needs only to inform the local
Ranger Service for inspection and certification and marking with the forest
control hammer.
Chapter III
FULL HARVEST OF TIMBER,
BAMBOO AND FOREST PRODUCTS IN PROTECTION FORESTS
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- Exploitation activities must ensure the
principle of preserving and developing the protection capability of the
forests. All activities of full harvest of forest products that reduce the
forest assets and the protection capability of forests are strictly forbidden.
- The State may temporarily suspend the
exploitation of natural forest timber in the protection forests as required by
the protection of forests.
- The exploitation of timber, bamboo and forest
products in the protection forests must be stated in the economic-technical
study or in the project of building protection forests ratified by the
competent authority.
- The exploitation of timber, bamboo and other
forest products in the protection forests is only a secondary activity aimed at
ensuring the interests of the working people living in the forest and attached
to it, actively taking part in the protection and building of the protection
forests.
Article 29. -
Exploitation and full harvest of timber and forest products in natural forests
belonging to the very crucial and crucial protection area:
1. It is permitted to fully exploit the dried,
dead, diseased, stunted, fallen, broken trees and trees without tops.
The procedures of designing and reporting for
approval is as follows:
- The design shall be made by the managing board
of the protection forests according to Clause 1, Article 17.
- Regarding the procedures of reporting for
approval: The Agriculture and Rural Development Service shall approve the
design and report to the provincial Peoples Committee for decision to allow
exploitation.
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The procedures for issuing the permit shall
comply with Article 22.
3. It is allowed to fully harvest lying timber
as stipulated in Article 19.
The procedures of making the dossier for issue
of permit of full harvest shall comply with Article 20.
4. Particularly for the crucial protection
forests:
When the forest is qualified to be exploited as
stipulated in Points a, b, c, e, Clause 1, Article 6, it is allowed to conduct
select exploitation with a maximum intensity of 20 per cent.
The discard trees are chiefly stunted, diseased,
broken and fallen tree or trees without tops.
The procedures for designing, submission for
approval and conducting exploitation shall comply with Articles from 8 to 15,
Section 1, Chapter II.
Article 30.-
Exploitation of timber in raised forests on land without forest:
1. For the State-invested forests, exploitation
shall comply with Article 29.
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a/ Whether the forest lies in a very crucial or
crucial area, when it reaches the standard for exploitation, it can be
exploited with a maximum intensity of 20 per cent.
b/ On the procedures of reporting and approving.
- When the exploitation aims to meet the needs
in firewood and household wood for the forest owner, the forest owner shall
make an application for permit from the managing board of the forest. The latter
shall inspect and allow the exploitation.
- Commercial exploitation:
+ The forest owner shall apply for permission
from the Agriculture and Rural Development Service with agreement of the
managing board of the protection forests.
+ After the Service has agreed, the forest owner
shall conduct the design of exploitation.
+ The Agriculture and Rural Development Service
shall ratify the design and submit it to the provincial People�s Committee for decision to
allow exploitation.
Article 31.-
Exploitation of bamboo:
- Bamboo forests are allowed to be exploited
only when the forest has reached the coverage of more than 80 per cent.
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The procedures of designing, reporting for
ratifying and the exploitation shall comply with Clauses 3 and 4, Article 21.
Article 32.-
Exploitation of planted forests:
1. For the forests invested by the State, it is
allowed to exploit supporting trees.
2. For the forests invested by the forest managing
board or the contractor, when the forest reaches the exploitable age, each year
it is allowed to exploit no more than one tenth (1/10) of the acreage already
invested to build planted forests. In case the method of cutting according to
band or patch, the bands and patches must not lie adjacent to each other and
shall not exceed 0.5 ha in the very crucial areas and 1 ha in the crucial
areas.
- For exploitable age, Point a, Clause 1,
Article 23 shall apply.
- For the dossier of exploitation, Clause 2,
Article 23 shall apply.
- The managing board of the protection forests
shall sum up the situation in a dossier and send it to the Agriculture and
Rural Development Service for approval and issue of permit for exploitation.
Article 33.- Full
exploitation when the use objective changes:
- Objects as stipulated in Clause 1, Article 16.
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Chapter IV
MANAGEMENT OF DISCARD
TREE HAMMER AND FOREST CONTROL HAMMER
Article 34.- Discard
tree hammer:
1. Discard tree hammers are manufactured
according to the unified model managed by the Agriculture and Rural Development
Service as provided for by the Ministry of Agriculture and Rural Development.
2. The discard tree hammer is used only in the
main exploitation design, full harvest design, and in the full harvest
corresponding with the objects defined in Clauses 1 and 2, Article 6; and
objects defined in Articles 16 and 19, objects defined in Clauses 1 and 3,
Article 29; Point b (commercial exploitation), Clause 2, Article 30 and Article
33. This is the basis to see if the exploited trees are the trees allowed to be
cut and if the timber sections are allowed to be fully harvested.
3. During the exploitation design, the director
of the Agriculture and Rural Development Service shall assign the discard tree
hammer to the design units. After the designing, the hammer must be retrieved.
For the objects defined in Clauses 1 and 2,
Article 6 and the objects defined in Article 16, each discard tree must have
three markings with the tree discard hammer (two opposite markings at breast
height, one marking at the root under the cutting, one third (1/3) of the
diameter of the stump above the ground).
After completing the cutting of trees bearing
the markings of the discard tree hammer, the Agriculture and Rural Development
Service shall assume the main role and together with the local Ranger Service
and the forest owner, inspect and make a written record and put supplementary
markings with the hammer on the fallen and broken trees, on branches and tree
tops with diameter of more than 25 cm and the sections of tree trunks.
The rate of timber of fallen and broken trees
and branch and tree top timber fully harvested with diameters of more than 25
cm (hammer markings required) shall not exceed 10 per cent of the standing
trees output.
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1. The management and use of the forest control
hammer shall comply with current regulations.
2. After cutting, the timber shall be hauled to
the prescribed delivery ground. The forest owner shall have to classify the
timber, pile them up and establish their history. The quantity and volume of
timber must match the quantity of discard trees with markings of hammer in the
design, and the fully harvested timber must bear the supplementary markings of
hammer stipulated in Article 34.
The error margin allowed between the volume of
large timber according to the approved design and the volume exploited shall
not exceed 10 per cent on condition of conformity with the right and adequate
number of the discard trees.
3. The local forest control organization shall
have to put forest control hammer markings on the sections of timber bearing
the discard tree hammer within 15 days after the forest owner reports to the
control authority and the document of certification of the timber history is
made as prescribed.
It is strictly forbidden to put forest control
hammer markings on the sections of timber without the discard tree hammer
marking.
4. In case the exploitation technology is
primary sawing in the forest, the forest owner shall have to take
responsibility for the marking of the sawn timber sections to certify that they
are actually the trees with discard tree markings, attached to the history
record as basis for the forest control authority to put the control hammer
marking.
5. All kinds of timber in the categories that
require forest control hammer marking as prescribed above, once having got the
forest control hammer marking attached with the origin certificate and the
receipt of resource tax, shall be considered lawful timber and are allowed to
be circulated.
Chapter V
TASKS AND POWERS OF THE
STATE MANAGEMENT AGENCIES AND RESPONSIBILITY OF THE BUSINESS UNIT, REPORTING
REGIME
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Article 36.- In the
process of exploitation, the forest owner shall have to constantly monitor and
supervise the exploitation activities in order to correct them. In the course
of implementation, exploitation must be directed toward full compliance with
the exploitation design already ratified, cutting of the right discard trees,
and in conformity with the process and rules of exploitation, with the right
volume and category of timber and forest products and with the time-limit for
exploitation.
Article 37. - At the
end of the time for exploitation, the forest owners shall have:
1. Together with the other exploitation units to
inspect the site, compare with the exploitation design dossier and exploitation
contract or the document assigning the exploitation task in order to evaluate
the results of carrying out the process and rules and draw up a written record
as basis for the settlement of the contract which shall be put into the dossier
of the history of the forest.
2. To report to the higher managerial level on
the volume and situation of exploitation attached to record of test on
completion.
3. To draw up the history of the forest in the
exploitation areas in order to monitor throughout the next fostering cycle.
SECTION 2. FOR THE
EXPLOITATION UNITS
Article 38.- The
exploitation of timber in natural forests and full harvest of natural forests
must be conducted by organizations and units with adequate labor, machinery and
equipment. More concretely:
- State-owned farms set up under Decree
No.388/HDBT of November 20, 1991.
- Other enterprises, cooperatives, producers
groups and organizations.
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- The exploitation units have the right:
+ To take part in bids for selling standing
trees
+ To take part in bidding for hiring
exploitation contractors
+ Accepting exploitation on contract
+ Organizing exploitation by themselves
The Regulation for bidding, hiring contractors
or organizing exploitation by oneself shall be decided by the provincial
Peoples Committee.
- Exploitation units have the responsibility:
+ To seriously carry out the regulations and
rules about exploitation, the regulations in the exploitation designs and fully
observe the clauses in the contract already signed with the forest owner.
+ To ensure the cutting of the right trees and all
the trees that have discard markings, to reduce the rate of fallen and broken
trees, to make the fullest use of the timber.
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SECTION 3. WITH REGARD TO
FOREST MANAGEMENT AGENCY OF VARIOUS LEVELS
Article 40.- The
Ministry of Agriculture and Rural Development has the duty:
- To provide timely guidance about the guiding documents
of the Government in the domain of management of forest exploitation.
- To submit to the Prime Minister for approval
the overall target of exploiting large timber in natural forests in the annual
plans.
- To assign provisional guiding target for the
volume of timber exploited from natural forests for the next year to the
provinces and cities.
- To evaluate the design dossier of exploitation
and the production and business plan of the provinces and cities.
- To sum up the plan of timber exploitation and
send it to the Ministry of Planning and Investment in order to assign the
official plans to the localities.
- To issue the decision allowing the provinces
to open the forests for exploitation.
- To inspect the management of forest
exploitation by the localities and units.
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The Presidents of the Peoples Committees of the
provinces and cities shall take responsibility for State management of each
type of forest in their localities:
- To direct the authorities in the districts and
communes to carry out fully the function of overall State management in their
localities; step by step to overcome and eventually to end the wanton
destruction of forests.
- To regularly inspect and supervise in order to
direct the Agriculture and Rural Development Services, the Forest Control
Department and the related commissions and branches to perform their State
management function on forest exploitation.
More concretely:
+ To concretize and direct the implementation of
the regulatory documents of the State and the branches related to forest
exploitation in the province.
+ To supervise and direct the Agriculture and
Rural Development Service to ratify the dossier of the concrete design of
exploitation of the forest owners.
+ To ratify the general design of exploitation
and issue the decision of exploitation (after the Ministry of Agriculture and
Rural Development issues the decision to open the forest for exploitation).
+ To direct the related services and branches to
implement the regulations on management of forest exploitation.
+ To direct the authorities at the district and
commune levels to fully carry out their function of State management of forest
exploitation in the territory under their management.
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- To guide in time the guiding documents of the
Ministry of Agriculture and Rural Development and the provincial People's
Committees in the domain of State management over forest exploitation.
- Basing themselves on the targets in the
provisional guiding plan assigned by the Ministry, assign the guiding targets
for timber exploitation to the forest owners according to the forest regulating
plan within their locality.
- To urge the designing of exploitation, to
conduct the evaluation of forests and ratify the exploitation designs for the
units in the province.
- To sum up the dossier and submit it to the
provincial Peoples Committee for ratification in order to submit it to the
Ministry of Agriculture and Rural Development.
- To conduct the issue of permits for
exploitation of timber and forest products according to the competence
stipulated for the forest owners in this Regulation.
- At the end of the term of exploitation, to
carry out procedures to test on completion of exploitation and closing the
forests. To announce to the public the forests open to exploitation and closed
to exploitation.
- To manage and guide the use of the discard
tree hammer.
- To coordinate with the Forest Control Service
in inspecting and supervising the exploitation.
Article 43.- The Forest
Control Organization has the following tasks and powers:
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- To detect in time the violations of the
regulations on exploitation of forest products by the organizations and
individuals in the exploitation of forests in order to handle in time as
currently prescribed.
- To conduct the marking with forest control
hammer as prescribed in order to establish the dossier on the history of the
timber and forest products as basis for the calculation of resource tax (if it
is a product from the natural forests) and for the circulation of forest
products.
SECTION 4. REPORTING REGIME
AND THE CONTENT OF THE REPORTS
Article 44.- Reporting
system:
In order to get the information on exploitation,
each year the units and various levels must report on the situation of
exploitation according to the following system:
- The forest owners in the provinces shall
report to the Agriculture and Rural Development Service and at the same time to
the local district authorities.
- The forest owners belonging to the
Corporations or General Corporation not attached to the province shall report
to the Corporations or General Corporation and the local Agriculture and Rural
Development Service and at the same time to the local district authorities.
Forest owners of various branches (the Army, the
Interior, the educational service...) shall report to the higher management
agency and the local Agriculture and Rural Development Service.
- The commune authorities shall have to
inventory the exploitation activities by family households and report them to
the Agriculture and Rural Development Section. The latter shall sum up and
report them to the district Peoples Committee and the Agriculture and Rural
Development Service. The report to the provincial level shall be conducted in
the last 15 days of the year.
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Article 45. - Contents
of the reports:
- Acreage of the exploited forests achieved by
various objects and compared with the design.
- Volume and types of products achieved by the
various objects compared with the design.
- Evaluation of the realization of the
regulation, process and rules.
- The violations (if any) and the forms of sanction
already applied.
- Other questions (production cost, selling
price, the situation of processing and marketing the products)
Chapter VI
IMPLEMENTATION
PROVISIONS
Article 46.- This
Regulation applies to all forms of exploitation in the natural forests, planted
forests, full harvesting of timber and exploitation of forest products in the
area of productive and protection forests.
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FOR THE MINISTER OF
AGRICULTURE AND RURAL DEVELOPMENT
VICE MINISTER
Nguyen Van Dang