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THE
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
24/2009/TT-BNN
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Hanoi,
May 05, 2009
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CIRCULAR
ON GUIDING THE CONVERSION FROM THE PLANNED PROTECTIVE
FORESTS, SPECIALIZED FORESTS TO PRODUCTION FORESTS AND VICE VERSA, FROM PLANNED
PRODUCTION FORESTS TO PROTECTIVE FORESTS, SPECIALIZED FORESTS AFTER
RE-SURVEYING AND RE-PLANNING OF 3 KINDS OF FORESTS UNDER THE PRIME MINISTER’S
DIRECTIVE NO. 38/2005/CT-TTG.
Pursuant to the Government's
Decree No. 01/2008/ND-CP of January 03, 2008 on defining the functions, tasks,
powers and organizational structure of the Ministry of Agriculture and Rural
development;
Pursuant to the Prime
Minister’s Decision No. 186/2006/QD-TTg of August 14, 2006 on promulgating the
Regulation on Forest management;
Pursuant to the Prime
Minister’s Directive No. 38/2005/CT-TTg of December 05, 2005 on re-surveying
and replanning 3 kinds of forests;
Pursuant to the Prime
Minister Official Dispatch 80/TTg-KTN of January 15, 2009 on reporting the plan
re-surveying results of 3 kinds of forests;
The Ministry of Agriculture
and Rural development guides the conversion from planned protective forests,
specialized forests to production forests and vice versa, from planned
production forests to protective forests, specialized forests after re-viewing
the planning of 3 kinds of forests under the Prime Minister’s Directive No.
38/2005/CT-TTg (hereinafter referred to as converted forest area) as follows:
Chapter I
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Article 1.
Scope and Subjects of application
1. Scope of regulation
This Circular guides the
conversion from planned protective forest, specialized forests area to production
forests and vice versa, from production forests to protective forest,
specialized forests after re-surveying and re-planning of 3 kinds of forests
approved by provincial People’s Committees; the order and authority to convert;
the interest and duties of forest owners before and after conversion
2. Subjects of application
a) Forests owners having
converted production forest, protective forest, specialized forest, including
new-planted forests area, area of forests zoning off for regeneration, who are
entitled to invest from capital sources under the State budget or similar to
the State budget;
b) Forests owners having
converted forests who invest by their capital in protecting, planting and
tending forests.
Article 2.
Management principles of forest conversion
1. All the converted forest area
stated above must have particular forest management owner. The owner of the
forests of which the use purpose is converted may or may not be changed.
The management board of
specialized forest, protective forests containing specialized forest, converted
protective forest, if there is no request to assign back to other individuals,
organizations, households, shall continue managing that forest area under the
corresponding forest management regulation.
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2. Ensuring the reconciliation
between benefit of the State and forests owners, between the State and the
people that have contracted before that to protect, cultivate, new plant
protective forests, specialized forests; between the State and other subjects
that have invested by their capital in planting, tending production forests,
but now being converted.
3. The procedures must be simple
but still coherent and consistent with reality of each local, ensure the
protection, utilization and development of forests in accordance with the
Regulation on forest management promulgated together with the Prime Minister’s
Decision No. 186/2006/QD-TTg of August 14, 2006 (hereinafter referred to as the
Decision No. 186/2006/QD-TTg)
4. The capital and investment
capital sources for converted forests must be inspected closely, handed over
and settled after being converted as prescribed.
Chapter II
SPECIFIC PROVISIONS
Article 3.
Subjects of converted forests
1. Protective forests, specialized
forests being converted into production forests, including:
a) Natural forests being
contracted to protect,
b) Natural forests being
contracted to zone off for natural regeneration;
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d) Planted forests of which the
tending period is not over;
e) Planted forests of which the
tending period is over.
2. Production forests being
converted into protective forest, specialized forest, including:
a) Natural forests being
invested and nurtured;
b) Planted forests being in
tending period;
c) Planted forests passed the
tending period of which the production forests came period of exploiting;
Article 4.
Subjects of converted forest assigning and reception
1. Subjects of converted forest
assigning
a) The management boards of
specialized forests having specialized forests being converted (into protective
forests or production forests) must assign back the forests to the management
boards of protective forests or other individuals, organizations.
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c) Organizations, enterprises,
People’s armed force units, households, individuals, and rural communities
having converted forests (3 kinds of forests) but now must assign back them to
other individuals, organizations.
d) The management boards of
specialized forests, protective forests, forestry farms, State forestry
companies having converted forest area that is area of forest and forestry land
being implemented under Project 661 by the management boards of Project 611, but
now must hand over to new forest owners, shall have responsibilities, duties,
rights and benefit of the investor (the management board of Project 611) in
accordance with the current provisions and guidances in this Circular.
dd) The management boards of
Project 661 executing the project to the land and forests of households,
communities or the forests directly managed by the People’s Committees at
levels, of which the use purpose is converted must consult with the People’s
Committee at levels (the direct management level) to implement the State’s
function on policies for organizations, households and individuals receiving
the State investment or contracted to cultivate forests under Project 661 by
capital sources from the State budget (via Project 661).
e) The subjects that have been
implementing Program 327 or other aiding projects to newly, additionally plant,
zone off, cultivate and protect specialized forests, protective forests, now
being converted and there are decisions on assigning forests to other subjects
to manage and use, shall implement under the provisions of Program 327 or the
aiding projects, the current provisions as well as the guidances in this
Circular.
2. Subjects being assigned
converted forests
a) The management boards of
protective forests, specialized forests;
b) Households, individuals
residing in the commune that have forests, wishing to protect, business,
develop forests
c) Organizations, enterprises,
People’s armed force units;
d) Hamlet- communities;
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Article 5.
Interests and duties of the parties in the handover of forests converted from
protective forests, specialized forests to production forests
1. In case the forest owner is
not changed
1.1. Rights and benefits:
a) For converted forest areas
being forests planted under Project 661, Program 327 or other ODA projects:
- Households, non-public
business organizations having received State subsidies to plant protective
forests, specialized forests now being converted into production forests are
entitled to enjoy all the exploited products on the invested area if the forest
is coming to age of exploiting, if the forest has not been coming to period of
exploiting: they are entitled to continue to cultivate and protect until the
end of the current period, and enjoy all the exploited products on that area.
- Households contracted of only
the forest protection stage with State organizations, now continue receiving
forest to protect shall be enjoyed additional forest protection amount,
approximately 200,000 VND/ha/year from sale timber of the contractual
protection area. The paid rate shall be recommended by the forestry farms or
forest management board and The district-level People’s Committee shall issue
particular decisions;
- For protective forest areas
which the investors, households contracted before having additional investment
by own calital in planting, cultivating and protecting forests that have been
approved by competent authorities, when exploiting such forest areas, the
collected amount shall be prioritized as follows: legitimate expenses on timber
auctions and exploitation, additional subsidies to households protecting
forests, the rest shall be divided by the ratio of investment capital between
the budget capital, investors’ capital and the households’ capital. The
proportion part belonging to the budget capital shall be gathered into the
forest protection and development funds of communes;
- For planted forests with
mixture of the subsidiary trees and local trees or various types of local trees
that have not come age of exploiting, the forest owners are encouraged to
continue investing in protecting, cultivating and additional planting in order
to develop them become production forests that supplying big timber.
b) For converted forest areas
being natural forests, it is allowed to reasonably utilize the natural
resources and other activities under the Regulation on forest management
promulgated together with the Decision No. 186/2006/QD-TTg and other current
policies.
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a) For converted forest areas
being planted forests under Project 661:
- The management boards of
protective forests, specialized forests having converted forests are
responsible to implement the provisions on the benefits of households,
individuals contracted to plant, cultivate and protect forests as prescribed.
- The exploiter must pay 80 kg
paddy/hectare to the forest protection and development funds of communes when
exploiting the forests
- The forest must be replanted
after 12 months since exploitation, otherwise, the State shall withdrawn the
allocate area.
b) For converted forest areas
being natural forests, it is required to protect and develop the forests under
the Regulation on forest management promulgated together with the Decision No.
186/2006/QD-TTg.
2. Handover of forests to new
owners
2.1. The handing over party of
converted forest
a) Interests:
- Forest owners being forest
management boards of the State are entitled to reduce the invested capital
regarding the forest areas converted from invested protective forests,
specialized forests under the current provisions.
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- If the subjects of forest
conversion are planted protective forests, specialized forests under Project
661 or 327 that have been contracted to be planted, cultivated, protected by
households and individuals but now these forests are handed over to new forest
owners, the interests of households and individuals contracted before must be
settled as prescribed.
- Participating in supervising
and handing over the forest areas, forest quality, invested capital of the
converted forests; reporting the forest conversion results managed by unit to
the competent authorities;
- Completing the procedures for
reducing the capital invested in the allocated forest areas and submitting to
competent authorities;
- Re-surveying and rebuilding
Project 661 for any forest conversion within the project management scope.
2.2. The receiving party of
converted forest
a) Interests:
- If the subjects of forest
conversion are planted protective forests, specialized forests under Project
661 or 327 that households, individuals have contracted with the management
boards of protective forests, specialized forests, the management board of
Project 661 (or management board of other projects) to perform every stage from
planting, cultivating to protecting but now these forests are handed over to
households, individuals together with the land use right certificates as
prescribed, such households, individuals are entitled to enjoy all the
exploited products on the invested area if the forests come age of exploiting;
or if forests have not come age of exploiting: continue to cultivate and
protect until the end of the current period, and enjoy all the exploited
products on that area.
- For converted forests areas
are palnted forests with mixture of the subsidiary trees and local trees or
various types of local trees that have not come age of exploiting, the forest
recipients are encouraged to continue investing in protecting, cultivating and
additional planting in order to develop them become production forests that
supplying big timber.
- For converted forest areas
being natural forests, it is allowed to reasonably utilize the natural
resources and other activities under the Regulation on forest management promulgated
together with the Decision No. 186/2006/QD-TTg and other current policies
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- For converted forest areas
being planted forests, completing the procedures for increasing capital for
converted forest areas of the corresponding supplemented forest area due to
conversion applicable to State-owned enterprises under the current provisions
of the State, paying 80kg paddy/hectare to the forest protection and
development funds when exploiting the forests; replanting the forest after 12
months since exploitation, otherwise, the State shall withdrawn the allocate
area
- For converted forest areas
being natural forests, it is required to protect and develop the forests under
the Regulation on forest management promulgated together with the Decision No.
186/2006/QD-TTg.
Article 6.
Interests and duties of the parties when handing over converted forests from
production forests planned to protective forests, specialized forests, or from
specialized forests to protective forests or vice versa.
1. If the forest owner is not
changed.
a) Interests:
- For converted forest areas
being production forests (invested by the forest owners capital of themselves…)
having trees not being main trees as prescribed regarding to planting of
protective forests, specialized forests, the owners are entitled to enjoy all
the exploited products on the invested area if the forests come age of
exploiting, or if have not come age of exploiting: continue to cultivate and
protect until the end of the period, and enjoy all the exploited products on
that area.
- For converted forest areas
being production forests which the primary trees are conformable with the
provisions on planting protective forests, specialized forests, the owners
shall enjoy the support policy of the State under the Prime Minister’s Decision
No. 100/2007/QD-TTg of July 06, 2007 and Decision No. 661/QD-TTg of July 29,
1998 on the targets, duties, policies and organization to implement the Project
on new planting 5 million hectares of forest and other current policies in regarding
to protective forests and specialized forests.
- For protective forest areas
being planted forests now converted into specialized forests, it is required to
take necessary forestry measures for ecological restoration and extraction of
forestry product, if any;
b) Duties:
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2. Handover of forest to new
owner
2.1. The handing over party of
converted forest
a) Interests:
- For converted forest areas
being planted production forests having trees not main trees under provisions
on planting the protective forests, specialized forests, the party are entitled
to enjoy all the exploited products on the invested area if the forests come
age of exploiting, or if not come age of exploiting: continue to cultivate and
protect until the end of the current period, and enjoy all the exploited
products on that area.
-For converted forest areas
being production forests with the primary trees are long-term trees conformable
with the provisions on planting protective forests, specialized forests, shall
be compensated for the capital invested in planting, tending and protecting the
forests;
- The former forest owners being
households, individuals, if eligible, are prioritized to continue contracting
to protect the existing natural forests and planted forests, or contracting to
plant new forests (protective forests, specialized forests) on the converted
production forest areas after exploitation.
b) Duties:
- Participating in supervising,
handing over the forest areas, quality, and the capital invested in converted
forests;
- The forest management boards
of the State, State-owned enterprises, state-run enterprises, and communities
must report the conversion results of forests managed by units, and complete
the procedures for reducing the capital invested in the allocated forest areas
to competent authorities.
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a) Interests:
- Being entitled to reasonably
use the natural resources and perform other activities in protective forests,
specialized forests under the Regulation on forest management promulgated
together with the Decision No. 186/2006/QD-TTg and other current policies;
- Being enjoyed support policies
of the State under the Prime Minister’s Decision No. 100/2007/QD-TTg of July
06, 2007 and Decision No. 661/QD-TTg of July 29, 1998 on the targets, duties,
policies and organization to implement the Project on new planting 5 million
hectares of forest.
b) Duties:
- Managing, protecting, tending,
nurturing the existing forests and replanting new forests in accordance with
the norms of protective forests, specialized forests and the Regulation on
forest management promulgated together with the Decision No. 186/2006/QD-TTg.
- Increasing the investment
capital under the current provisions for the increasing forest areas.
Chapter
III
ORGANIZING THE
IMPLEMENTATION
Article 7.
Order for forest conversion decision
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2. The Departments of
Agriculture and Rural development shall assume the prime responsibility for and
coordinate with the Department of Natural Resources and Environment, Department
of Finance to establish the scheme on forest conversion and submit to
provincial-level People’s Committees for approval. The scheme shall include:
a) The reality of the converted
forests, including natural forests, planted forests being invested by the State
in contract of forest protection, zoning off planting, boosting natural
regeneration together with forestry additional planting, newly planting and
tending planted protective forests and specialized forests after re-surveying
plan of 3 kinds of forests not satisfying the norms being converted into
production forests, and vice versa, from production forests into protective
forests, specialized forests;
b) For planted forest area, it
is necessary to identify the investment extent (being in the tending period or
the tending period has ended), purebred planting or mixed planting ancillary
trees and purposed trees, local trees. The differentiation of these kinds of
forests are necessary for determining the benefit policies conformable with
each kind of forests, ensuring that the forest areas after conversion are
continued to be invested, developed and efficiently used;
c) Prescribing the norms of
forest handover, the compensation for the capital invested in planting, tending
and protecting for production forests converted into protective forests, or
allowing operating business until the end of the existing period.
3. The capital increase and
decrease of converted forests must comply with the current provisions.
Article 8.
Authority to make decision on forest conversion
1. Provincial-level People’s
Committees shall make decisions on converting forest use purpose together with
approving forest handover scheme after being converted regarding each converted
forest (or the forest areas needed to be converted of a forest management
board, a State-owned forestry farm, or each sub-zones, plots or the forest area
of a local commune or district).
2. Provincial-level People’s
Committees shall make written decisions on converted forest handover to
organizations being forestry enterprises, the management boards of protective
forests, specialized forests.
3. District-level People’s
Committee shall make written decisions on converted forest handover to
households, individuals and commune-communities.
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1. This Circular takes effect
after 45 days as from its signing.
2. During the course of
procedures, the localities, organizations, individuals are recommended to send
feedbacks on the obstacles to the Ministry of Agriculture and Rural development
for prompt amendment and supplement./.
FOR
THE MINISTER
DEPUTY MINISTER
Hua Duc Nhi