Decision No. 03/2005/QD-BNN Issuing Regulations on Logging Timber to Support Housing for Poor Ethnic Minority Groups with Difficult Livelihoods Pursuant to Decision No. 134/2004/QD-TTg dated July 20, 2004 of the Prime Minister

Pursuant to …;

Issuing Regulations on Logging Timber to Support Housing

for Ethnic Minority Households Living in Poverty and Facing Difficult Livelihoods Pursuant to Decision No. 134/2004/QĐ-TTg dated July 20, 2004 of the Government Prime Minister

Pursuant to the Forest Protection and Development Law dated August 19, 1991;

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Directive No. 286/TTg dated May 2, 1997 of the Government Prime Minister on Strengthening Urgent Measures to Protect and Develop Forests;

Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decision No. 245/1998/QĐ-TTg dated December 21, 1998 of the Government Prime Minister on Implementing State Management Responsibilities at All Levels Regarding Forests and Forestry Land;

Pursuant to Decision No. 08/2001/QĐ-TTg dated January 11, 2001 of the Government Prime Minister on Issuing the Regulation on Managing Special Purpose Forests, Protective Forests, and Naturally Produced Production Forests;

Pursuant to Decision No. 134/2004/QĐ-TTg dated July 20, 2004 of the Government Prime Minister on Certain Support Policies for Production Land, Residential Land, Housing, and Drinking Water for Poor Ethnic Minority Households with Difficult Livelihoods;

Pursuant to the Government Prime Minister's directive on instructing the Ministry of Agriculture and Rural Development to issue regulations on inspecting and supervising logging activities according to Decision No. 134/2004/QĐ-TTg dated July 20, 2004 of the Government Prime Minister in Document No. 1866/CP-NN dated December 9, 2004;

Issued along with this Decision is the "Regulations on Logging Timber to Support Housing for Poor Ethnic Minority Households with Difficult Livelihoods According to Decision No. 134/2004/QĐ-TTg dated July 20, 2004 of the Government Prime Minister" (referred to as Program 134);

At the proposal of the Director of the Forest Management Department,

DECISION:

Article 1. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall cease to be effective upon the conclusion of the timber support program for poor ethnic minority households with difficult livelihoods according to Decision No. 134/2004/QĐ-TTg of the Government Prime Minister on December 31, 2006;

Article 2. The Heads of the Ministry’s Office; Heads of Departments, Bureaus, Institutes, Schools related; Directors of Provincial Departments of Agriculture and Rural Development; Chiefs of Forest Inspection Sub-Departments; Directors of General Companies, Companies, Enterprises, Forest Owners, and Individuals engaged in logging activities under Program 134 are responsible for implementing this Decision;

Article 3. On Logging Timber to Support Housing for Poor Ethnic Minority Households with Difficult Livelihoods

REGULATIONS

Pursuant to Decision No. 134/2004/QĐ-TTg

dated July 20, 2004 of the Government Prime Minister

(Issued together with Decision No. 03/2005/QĐ-BNN dated January 5, 2005 of the Minister of Agriculture and Rural Development)
This document stipulates the forests permitted for logging, forms of organization for logging activities; design, approval of design documents, issuance of permits, and acceptance of logging timber; reporting procedures on logging timber activities serving the program to provide timber for housing for poor ethnic minority households with difficult livelihoods;

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

a. Organizations, forest farms, enterprises assigned by the provincial People's Committee to design and log timber, or households, individuals permitted by the provincial People's Committee to self-log timber for their own housing;

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

b. Forest areas permitted for logging:

- Production forests, weak protective forests belonging to broad-leaved evergreen, semi-deciduous, dipterocarp, and coniferous forests handed over by the State to organizations, forest farms, enterprises for management, protection, and business operations;

- Timber from planted forests funded by state budget (PAM, 327) and non-reimbursable aid from international organizations managed, protected, and produced by organizations, enterprises, households, and individuals;

- Production forests allocated to households and individuals for management under Decree No. 163/1999/NĐ-CP dated November 16, 1999 of the Government;

- Forest areas currently managed by local authorities

- The current forests under the management of the local authorities

Article 2. Forms of Exploitation Organization

Depending on the specific circumstances of each locality, the following forms of exploitation may be applied.

1. Centralized exploitation form is the form of assigning tasks for wood harvesting, processing, and supplying finished wood products (or roundwood) to individual households within the province's territory according to the directive of the Provincial People's Committee.

(or roundwood) to individual households within the province's territory according to the directive of the Provincial People's Committee.

a. The entity responsible for the exploitation task is the forest farms or wood harvesting and processing companies operating within the province, which have the function of wood harvesting as stipulated by law, equipped with sufficient means and equipment for harvesting and processing into components for ethnic households to build houses as required by the Steering Board of Program 134 and assigned the task by the Provincial People's Committee.

b. The centralized exploitation form is implemented in natural forests and planted forests with state budget capital as specified in Clause 1, Article 1 of this Regulation, currently managed, protected, and produced by management boards, enterprises, and forest farms.

2. Self-exploitation form is the form of assigning individuals supported with wood for house construction to carry out their own exploitation.

a. The person designated for exploitation must be someone belonging to the target group entitled to receive wood for housing construction as stipulated in Decision No. 134 of the Prime Minister, who can represent several households in the village to perform the exploitation task and be assigned the exploitation task by the Commune People's Committee. The exploiter must have experience in the field of wood harvesting and must receive additional guidance from the County Agricultural and Forestry Office on labor safety techniques before commencing exploitation.

b. The self-exploitation form is implemented in natural forests and planted forests with state budget capital as specified in Clause 1, Article 1 of this Regulation, currently managed, protected, and handed over to households and individuals by management boards and Commune People's Committees under Decree 163/CP of the Government.

Article 3. Harvesting Design

1. For centralized exploitation method

a. The authorized entities for designing exploitation.

Are local specialized organizations for exploitation design, units of the Forest Investigation and Planning Institute, forestry technical schools, and entities assigned tasks by the Department of Agriculture and Rural Development.

b. Bases for designing exploitation.

- Accurately determine the forest objects eligible for exploitation as stipulated in Article 1 of this Regulation.

- Determine the boundaries of exploitation plots, compartments, and sub-blocks to align with actual conditions.

- Base on the permitted volume of exploitation and types of wood assigned by the Provincial People's Committee to mark trees according to current regulations and calculate the volume of exploitation, exploitation intensity, utilization rate...

- Do not cut down trees belonging to rare groups IA, IIA (except for sến, táu) as prescribed by the Government.

- The exploitation intensity calculated per plot must not exceed 30% for production forests and 20% for weak protective forests.

- The utilization rate is calculated based on tree species and the actual conditions of each locality.

- Trees marked for cutting must have a minimum diameter at breast height (DBH) of 30 cm._1,3) shall be at least 30 cm.

- Cutting trees must ensure that post-exploitation gaps do not exceed 1500 square meters.².

- Implement external and internal design steps according to the regulations of the Department of Agriculture and Rural Development.

2. For the self-exploitation method (individuals exploiting themselves)

a. Based on the volume of wood assigned by the Provincial People's Committee to each village, commune, led by the Commune People's Committee in conjunction with the Forest Inspection Authority, the County Forestry Agency, the forest owner, and representatives of households entitled to receive wood for housing construction directly into the forests, as stipulated in Point b, Clause 2, Article 2, and permitted by the Provincial People's Committee (for areas managed by management boards, forest inspection authorities, and Commune People's Committees) or by the County People's Committee (for remaining areas) to identify trees to be cut and county forestry officials marking trees, the marking must comply with current regulations while establishing a logbook and numbering wood pieces according to each household for future tracking of exploitation.

b. The volume of wood is calculated based on the actual situation of each household and the volume of each tree (one household may have one tree, or two households may share one tree, etc.). Establish a logbook for marking trees according to the regulations of the Department of Agriculture and Rural Development.

3. For planted forests as specified in Article 1, there is no need for design but only marking with paint on trees to be cut and calculating the volume of cut trees as a basis for allocation.

Article 4. Approval of design documents and issuance of exploitation permits

1. The Department of Agriculture and Rural Development shall review non-professional aspects and approve design documents and issue exploitation permits to forest owners for concentrated exploitation methods.

2. The People's Committee of the district shall direct the review of non-professional aspects and approval of design documents and issuance of exploitation permits to households or groups of households for self-exploitation methods.

3. The content of the review includes the subject forest, area, place name, production volume, marked trees to be cut, and the rationality of the exploitation design document. Specific contents are defined, guided, and reported to the provincial People's Committee by the Department of Agriculture and Rural Development before implementation.

The exploitation documents and permits shall be sent to the forest owner, the local forestry inspection agency, and the Department of Agriculture and Rural Development for monitoring.

The Department of Agriculture and Rural Development shall compile the total timber production volume of the province under both exploitation methods and report to the provincial People's Committee. At the same time, it shall direct, guide, inspect, and supervise the implementation process.

Article 5. Provisions on Exploitation

1. Conditions for Organizing Exploitation

After obtaining the exploitation permit from the Department of Agriculture and Rural Development or the district People's Committee, the forest owner may proceed with the handover of the forest for exploitation according to Clause 3, Article 19 of the Timber and Forest Product Exploitation Regulation issued together with Decision No. 04/2004/QD-BNN-LN dated February 2, 2004, of the Minister of Agriculture and Rural Development (for concentrated exploitation method) and hand over each tree to individual households (for self-exploitation method).

2. Forms of Exploitation

The provincial People's Committee decides on the application of exploitation forms suitable for the management and protection conditions of forests in each district within the province.

3. Provisions on Exploitation

Exploitation must comply with regulations on labor safety and current regulations.

4. Handover of Exploitation Sites

a. For concentrated exploitation method.

The exploitation unit must comply with the provisions of Clauses 4, 5, 6, and 7, Article 19 of the Timber and Forest Product Exploitation Regulation issued together with Decision No. 04/2004/QD-BNN-LN dated February 2, 2004, of the Minister of Agriculture and Rural Development.

b. For self-exploitation method.

The forest owner, together with the commune People's Committee, shall guide and supervise the cutter to fell the marked trees and those with household numbers recorded in the individual file of each exploitation permit. The forestry inspection agency and the county forestry department shall check and urge the cutter to follow the permit accurately.

After felling and cutting into sections, the timber must be transported out of the exploitation site to complete the acceptance procedures and affix the forestry inspector's stamp. In cases where small pieces need to be cut at the forest site due to inability to transport whole logs out (as specified in the exploitation permit), the forest owner must report to the county forestry department and the local forestry inspection station for permission and supervision to prevent illegal exploitation.

Article 6. Acceptance and Completion of Exploitation

1. For centralized exploitation method

Implementation shall be carried out according to Article 20 of the Timber and Forest Product Exploitation Regulation issued together with Decision No. 04/2004/QD-BNN-LN dated February 2, 2004, of the Minister of Agriculture and Rural Development, wherein if the actual measured timber volume exceeds the designed volume while meeting the designated location, area, and marked trees, the Department of Agriculture and Rural Development shall lead, together with the Forestry Inspection Division and related units, to prepare a report and request the provincial People's Committee to allow the excess volume to be included in the plan for timber used for housing construction in subsequent phases.

2. For the self-exploitation method.

The county forestry department shall lead, together with the local forestry inspection station and related units, to accept and measure the actual volume, compare it with the marked tree records in the design document according to the household name. If the marked trees are felled correctly according to the household number and the actual measured volume exceeds 10% of the recorded volume and surpasses the approved timber support quantity for the household, the excess volume shall be transferred to another household and the number of marked trees to be cut in the forest area shall be reduced.

3. Affixing the Forestry Inspector's Stamp

After acceptance, the forestry inspection agency shall immediately inspect and affix the forestry inspector's stamp at the exploitation site according to current regulations to serve as a basis for households to transport timber back to their villages. In cases where the timber already has a marking stamp but needs to be cut into multiple sections, the acceptance team shall prepare a confirmation record to affix the forestry inspector's stamp.

Strictly prohibit the sale or exchange of timber within the support quota for housing construction under Program 134.

The forestry inspector's stamp on round timber and sawn timber specified in Decision No. 134/2004/QD-TTg of the Prime Minister must use a unique numbered stamp to distinguish it from timber harvested under other categories.

The Forest Inspection Bureau shall specify the forestry inspector's stamp code and notify all levels of local authorities for monitoring.

4. Completion of Exploitation

Upon completion of the marked trees or expiration of the exploitation permit period, the Department of Agriculture and Rural Development shall lead, coordinating with the Forestry Inspection Division (for concentrated exploitation) or the county forestry department leading, coordinating with the local forestry inspection station (for self-exploitation) to jointly conduct acceptance and inspection of the post-exploitation forest with the forest owner, prepare a record evaluating the results regarding volume, exploitation process, deficiencies to be addressed, and violations to be handled. Based on the inspection results, the Department of Agriculture and Rural Development shall issue a notice of completion of exploitation (for concentrated exploitation) and the district People's Committee shall issue a notice of completion of exploitation (for self-exploitation) and transfer management and protection responsibilities to the forest owner according to current regulations.

Article 7. Implementation Organization

1. Reporting System

Upon completion of the annual plan, the forest owner shall prepare a report on the timber harvesting situation for housing construction to the district-level Program 134 Steering Committee and the Department of Agriculture and Rural Development.

The Department of Agriculture and Rural Development shall compile reports on the implementation of the plan for logging and using wood for housing under Program 134 throughout the province to be submitted to the Provincial People's Committee for summary and then reported to the Prime Minister, the Ministry of Agriculture and Rural Development, and relevant ministries and sectors in the first quarter of the following year.

2. Content of Reports

- Area of logging, categorized by forest type and forest category.

- Volume of logging (compared with the plan and design documents).

- Volume of wood allocated for support to ethnic minorities, broken down by number of households and target groups, with the ratio of actual implementation compared to the plan.

- Assessment of the implementation of logging procedures and regulations and the supply of wood to ethnic minorities.

- Other issues arising.

- Recommendations and suggestions.

3. Implementation Provisions

This regulation only applies specifically to the design and implementation of logging for wood to support the construction of houses for poor ethnic minority groups with difficult living conditions as stipulated in Decision No. 134/2004/QĐ-TTg dated July 20, 2004 of the Prime Minister. All other logging activities shall continue to be carried out in accordance with the Logging and Non-Wood Forest Products Regulation issued together with Decision No. 04/2004/QĐ-BNN-LN dated February 2, 2004 of the Ministry of Agriculture and Rural Development./.