Decision No. 04/2004/QD-BNN Issuing the Regulation on Logging Timber and Other Forest Products

DECISION OF THE MINISTER

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Issuing the Regulation on Logging Timber and Other Forest Products

 

 

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 Directive No. 286/TTg dated May 2, 1997 of the Prime Minister on strengthening urgent measures to protect and develop forests;

Pursuant to Decision No. 245/TTg dated December 2, 1998 of the Prime Minister on implementing state management responsibilities at all levels concerning forests and forest land;

Pursuant to Decision No. 08/2001/QĐ-TTg dated January 11, 2001 of the Prime Minister on issuing the regulation on managing special-use forests, protective forests, and naturally grown production forests;

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

 

DECISION:

Article 1: Issued together with this decision is the "Regulation on Logging Timber and Other Forest Products" .

Article 2: This Decision shall take effect fifteen days from the date of publication in the Official Gazette of the Government and shall replace Decision No. 02/1999/QĐ-BNN-PTNT dated January 5, 1999 of the Ministry of Agriculture and Rural Development, Supplementing Clause 3, Article 15 of Decision No. 69/2001/QĐ-BNN-KL dated June 26, 2001 of the Ministry of Agriculture and Rural Development, Directive No. 15/LS-CNR dated July 19, 1989, and Directive No. 03/LS-CNR dated February 8, 1994 of the Ministry of Forestry.

All previous regulations that conflict with this Decision are hereby abolished.

Article 3: The Heads of the Ministry's Office, Heads of Departments, Directorates, Institutes, Schools related to this matter, Directors of Provincial Departments of Agriculture and Rural Development, Chiefs of Forest Inspection Branches, Directors of State-owned Enterprises, Companies, Businesses, and Forest Owners involved in logging timber and other forest products are responsible for implementing this Decision.

REGULATIONS

LOGGING TIMBER AND OTHER FOREST PRODUCTS

(Issued together with Decision No. 04/2004/QĐ-BNN-LN dated February 2, 2004)

of the Ministry of Agriculture and Rural Development)

PART I

GENERAL PROVISIONS

Article 1. Scope of Application and Scope of Regulation.

1. Scope of Application: Design and logging of timber and other forest products can only be carried out in forests that have owners recognized by law, including:

a. Organizations, households, individuals (referred to collectively as forest owners) who have been granted forests and forest land by the State for planting, managing, protecting, and producing timber and other forest products.

b. For areas without owners, managed by local authorities, which are not within the scope of logging timber, only the collection of fallen trees and utilization of dead trees for use and harvesting non-timber forest products are permitted.

2. Scope of regulation

a. This regulation governs state management in the fields of forest zoning, design, logging of timber and other forest products in natural forests and planted forests within production forests and protective forests; collecting and utilizing timber and other forest products on forest land and other types of land.

b. All objects within special-purpose forests are not within the scope of regulation of this regulation.

Article 2. Explanation of Terms.

In this regulation, the following terms are understood as follows:

1. Logging Cycle: The period between two consecutive selective logging operations.

2. Pure Forest: A forest composed solely of one tree species or where one tree species constitutes more than 90% of the forest stock.

3. Mixed-Aged Forest: A forest with multiple tree species at different age stages.

4. Technological Maturity Age: The age at which the product is suitable for business purposes.

5. Thinning: Cutting diseased, deformed, or low-quality trees.

6. Fallen Tree: A tree that has fallen or broken during the main logging operation but does not bear the marks of being cut down.

7. Pre-logging Clearing: Removing vines and shrubs before logging.

8. Forest Sanitation: Processing branches, tops, anti-stump trees, and fallen or broken trees after logging.

9. Logging Location: The name of the plot, compartment, or sub-compartment designated for logging.

10. Log (Segment): A cylindrical section of wood cut from a tree trunk between two cross-sections.

11. Dry Heartwood, Sapwood: Wood that has dried, rotted, or remains the core part of the tree.

12. Main Logging: Cutting down trees permitted according to the forest opening decision of the Ministry of Agriculture and Rural Development.

13. Utilization Logging: Cutting down standing trees that are not the main logging targets.

14. Collection: Gathering fallen trees, branches, tops, roots, and stumps.

Article 3. Other Provisions.

1. For forest areas that have not yet reached the harvesting period and planted forests within protective and special-use forests, nurturing and thinning operations shall be carried out; selected forest areas to be converted into seedling forests must comply with technical regulations for timber production and bamboo forests (QPN14-92) and seedling forest construction regulations (QPN16-93).

2. Thinning, utilizing wood, and forest products must adhere to prescribed procedures, technical norms, forest management plans, economic and technical feasibility studies, or investment projects approved by competent authorities.

Strictly prohibit the exploitation of wood under the guise of nurturing and enriching the forest.

Chapter II

FOREST MANAGEMENT PLAN DEVELOPMENT

Article 4. Purpose of developing a forest management plan.

1. To develop a forest organization plan ensuring the highest principle of long-term, continuous production with high productivity based on the rational use of stable forest resources, ensuring the supply and protection capabilities of the forest.

2. To establish a specific operational plan clearly indicating the time and appropriate technical measures for each section and small forest area during one rotation period and detailing for a five-year phase to facilitate management and implementation.

Article 5. Forest Areas Subject to Management Planning.

These are natural forests belonging to productive forests and protective forests that have been assigned by competent authorities to organizations, households, or individuals for business operations as stipulated by law.

Forests managed by households or individuals according to Decision No. 178/2001/QĐ-TTg dated April 12, 2001, of the Government Prime Minister regarding the rights and obligations of households and individuals managing, protecting, and benefiting from forests and forest land (referred to as Decision 178), do not need to develop a forest management plan.

The development of a forest management plan shall be carried out by survey and design units specified in Clause 1 of Article 13.

Article 6. Necessary Documents for Developing a Plan.

1. Maps of the forest farm, which must show geographical location, administrative boundaries, road systems, major rivers and streams, current forest conditions, and forest land status.

2. Decision approving the planning scheme for three types of forests at the provincial level.

3. Decision establishing forest farms, enterprises, companies, or organizations (if applicable).

4. Comprehensive socio-economic development planning in the region.

5. Data on the current state of forest resources published by competent authorities at the time of plan development.

Article 7. Field Survey.

1. Determine and adjust forest sections and small forest areas' boundaries to ensure consistency between maps and actual sites.

2. Determine the area, volume, and condition of forests for each section and small forest area.

Recheck forest resources of sections and small forest areas planned for exploitation in the first five years according to current forest investigation procedures.

3. Determine logging and planting locations and implement forestry measures during the five-year period.

Article 8. Content of the Forest Management Plan.

1. Basic characteristics of the unit.

a. Geographical location, basic natural and socio-economic conditions within the unit's scope.

b. Current land and resource status (small forest area number, natural area, area of various forest conditions, non-forest area).

2. Determine the harvesting method and small forest areas to be harvested in one rotation period according to each five-year phase.

3. Develop annual production and business plans for the unit in the first year, includingestablish the annual production and business plan for the unit within 5 the first year, including:

a. Wood Harvesting:

Planned forest harvesting objects: rich and medium forests.

Logging location: By section and small forest area unit.

Harvested volume: Determined through indicators:

Average rotation period for harvesting is 35 years for evergreen and coniferous forests, mixed forests with bamboo and rattan, 40 years for podocarp forests, and 10 years for commercial timber forests.

Average volume of the forest condition being harvested.

Average harvesting intensity: Implemented according to Articles 11, 12, 13, and 14 of the Forestry Technical Regulations (QPN 14-92). (QPN 14-92).

b. Bamboo and Rattan Harvesting:

Logging location: By section and small forest area unit.

Objectives and harvested volume: Determined according to Articles 97 to 103 of the Forestry Technical Regulations (QPN 14-92).

c. Forest Nurturing.

Location: By section and small forest area unit.

Objectives and measures - impacts: Implemented according to Articles in Chapter II of the Forestry Technical Regulations (QPN 14-92).

Nurturing area.

d. Forest Enrichment:

Location: By section and small forest area unit.

Enrichment forest area.

Objectives, technical measures - impacts: Implemented according to Articles in Chapter III of the Forestry Technical Regulations (QPN 14-92). (QPN 14-92).

e. Forest regeneration through enclosure

Location: By section and small forest area unit.

e. Forest Restoration by Encirclement Nurture:

Forest restoration area.

f. New Forest Planting:

New forest planting area.

Location: By section and small forest area unit.

g. Combined Agricultural and Forestry Production Plan (specify items and scale).

h. Construction Plan: Workshops, roads, fire prevention facilities.

i. Financial Plan.

4. Results of the Plan:

a. Management Plan (including plan description and forms prescribed by the Ministry of Agriculture and Rural Development).

b. Current and planning maps at a scale of 1/25,000.

Article 9. Content, review procedures, and approval of management plans.

1. Content of review and approval of management plans:

a. Location, position, boundaries.

b. Area under forest management control (natural land, forestry land with and without forests, other lands).

c. Current resources (natural forests and planted forests classified by status and volume).

d. Forest organization (numbers of small forest zones, arrangement of different types of forests, administrative organization of forest managers).

e. Production arrangements for the five-year period (planting, nurturing, enriching forests, harvesting natural and planted forests, bamboo and rattan, and construction volume).

g. Determination of annual allowable harvest area and locations to be harvested for each five-year phase.

2. Review and Approval Procedures for Management Plans

At the end of the previous phase, forest managers must develop management plans for approval according to the following procedures:

a. The Department of Agriculture and Rural Development or its authorized Forest Development Agency shall conduct a review at the end of the first quarter and submit it to the Ministry of Agriculture and Rural Development for approval at the end of the second quarter.

b. The Director of the Forest Service shall examine and issue a decision approving the plan for each forest manager nationwide.

Depending on specific conditions in each locality, the Department of Agriculture and Rural Development shall prepare a budget estimate for costs to be approved by the Provincial People's Committee. The funding source will come from forestry investment.

Chapter III

DESIGN AND HARVESTING OF WOOD, BAMBOO, AND OTHER FOREST PRODUCTS IN PRODUCTION FORESTS

IN PRODUCTION FORESTS

Section 1. Design and Main Harvesting of Natural Forest Wood

(referred to as harvesting of natural forest wood)

Article 11. Basis for conducting harvesting design.

1. Place name and production volume planned in the management plan approved by the Ministry of Agriculture and Rural Development. In case there is a change in place name compared to the management plan, if deemed reasonable, the Department of Agriculture and Rural Development shall prepare a document to request the Forest Service to supplement or amend. Only after receiving the Forest Service's opinion can the design be implemented. 2. Wood production volume approved in the management plan.

3. Annual allowable harvest of large natural forest trees announced by the Ministry of Agriculture and Rural Development.

4. Forest objects permitted for harvesting as stipulated in Article 12 of this regulation and related technical regulations. Annually approved harvesting quotas in the management plan are controlled by volume, while the area may increase or decrease depending on the forest condition. Annual harvesting volume may be lower or higher but not exceed 20% of the allowable volume and must ensure that the total volume of the year does not exceed the approved total volume.

Article 12. Forest objects permitted for harvesting design.

1. Pure or mixed age natural forests that have not been harvested or have been harvested but have been sufficiently nurtured for the prescribed logging cycle and must meet the following storage standards:

a. For broadleaf evergreen and semi-deciduous forests, the storage must be over 90m3/ha in provinces north of Thanh Hoá,

over in provinces from Nghệ An to Thừa Thiên Huế,

and over 130m3/ha in provinces south of Đà Nẵng.

b. For dipterocarp forests, the storage must be over 100m3/ha.

c. For coniferous forests, the storage must be over 130m3/ha.

Forest objects specified in points a, b, and c of this article must have a storage of exploitable trees in the plot exceeding 30% of the total storage of the plot.

d. For commercial timber forests, the storage must be over 70m3/ha.

e. For mixed forests with bamboo and rattan, the wood storage must be over 50m3/ha in provinces north of Thanh Hoá,

and over 70m3/ha in provinces south of Nghệ An.

2. Pure age natural forests that have reached technological maturity.

3. For household and individual forests assigned for management, protection, and benefit as per Decision No. 178, the design shall follow the provisions of Article 32 of this regulation.

For provinces from Thanh Hoa northward, exceeding 50 m3/ha

For provinces from Nghe An southward, exceeding 70 m3/ha

2. Naturally grown timber forests of the same age that have reached technological maturity.

3. For household and individual forests assigned for management, protection, and benefit according to Decision No. 178, the design shall be carried out as stipulated in Article 32 of this regulation.

Article 13. Responsibilities of the agency permitted to design exploitation.

1. The unit permitted to design exploitation:

The preparation of the exploitation design dossier and production plan must be carried out by a forestry specialized agency with legal personality, including:

Specializing in forestry, having legal personality to undertake, including:

a. Local exploitation design organizations decided by the Provincial People's Committee.

b. Organizations under the Institute of Forest Investigation and Planning, and forestry technical schools. forestry.

2. Responsibilities of the exploitation design unit:

a. To comply strictly with the provisions of Articles 11, 12, and 14 of this regulation.

b. To accurately identify trees meeting the exploitation standards as stipulated in Clause 1 and Clause 2 of Article 16 of Decree No. 14-92/QP.

c. To use and hammer marking stakes on trees in accordance with the regulations on the management and use of marking stakes issued by the Ministry of Agriculture and Rural Development.

d. The allowable error rate between the design dossier and the actual acceptance results of the forest owner shall not exceed ± 10% (calculated for the entire lot).

e. To fully implement the procedures for conducting and preparing the exploitation design dossier as prescribed in Article 15 of this regulation.

g. To bear responsibility before the Department of Agriculture and Rural Development and the law regarding the quality and honesty of the exploitation design dossier prepared by itself.

Article 14. Main technical indicators in exploitation design

1. Exploitation methods

a. Selective harvesting for forests specified in Clause 1 of Article 12.

b. Clear-cutting or selective harvesting to convert into uneven-aged forests for forests specified in Clause 2 of Article 12.

2. Harvesting cycles are divided into the following levels:

a. For evergreen forests, semi-deciduous forests, coniferous forests, and mixed forests with bamboo, the cycle is 35 years.

b. For podocarp forests, the cycle is 40 years.

c. For commercial timber stump forests, the cycle is 10 years.

3. Harvest intensity: Harvest intensity is calculated as the percentage ratio between the volume of felled trees in the lot and the volume of the lot before harvesting, and is defined as follows:

a. Harvest intensity does not include felling of waste trees and fallen trees.

For broadleaf evergreen forests, semi-deciduous forests, and coniferous forests for large timber, harvest intensity varies according to the volume level, specifically:

Volume level from 91 to 150 m³/ha, intensity from 18 to 23%.

Volume level from 151 to 200 m³/ha, intensity from 24 to 28%.

Volume level from 201 to 300 m³/ha, intensity from 29 to 33%.

Volume level over 300 m³/ha, intensity from 34 to 38%.

For mixed forests with bamboo, intensity is from 25 to 30%.

For commercial timber stump forests:

Volume from 70 to 100 m³/ha, intensity from 20 to 25%.

Volume over 100 m³/ha, intensity from 26 to 30%.

For podocarp forests, the harvest intensity increases by one level compared to the above volume level.

b. If harvest intensity includes felling of waste trees and fallen trees during harvesting, it may increase but must not exceed 45%, and must not create gaps larger than 1,500 m².

c. The harvest intensity as prescribed above applies to lots with a slope of up to 15 degrees. For slopes over 15 degrees, the harvest intensity must decrease as follows:⁰ with slopes of 15 degrees or more,⁰ For every increase of 1-2 degrees in slope,

the harvest intensity must decrease by 1%.⁰ the harvesting intensity must decrease by 1%.

4. Minimum cutting diameter for large timber forests:

a. For provinces from Thanh Hoa northward:

Group I and II wood = 45 cm.

Group III to VI wood = 40 cm.

Group VII and VIII wood = 30 cm.

b. For provinces from Nghe An to Thua Thien Hue:

Group I and II wood = 50 cm.

Group III to VI wood = 45 cm.

Group VII and VIII wood = 35 cm.

c. For provinces from Da Nang southward:

Group I and II wood = 50 cm.

Group III to VI wood = 45 cm.

Group VII and VIII wood = 40 cm.

Specifically, the minimum cutting diameter for coniferous forests is 40 cm, and for oil tree species in podocarp forests, it is 35 cm.

5. Utilization rate:

The utilization rate is calculated as the percentage of product volume relative to the total standing tree volume (standing tree volume), specifically as follows:

a. Large timber: Logs from the cut at the base to below the branches. Depending on transportation means, logs can be cut into sections for delivery. Unit of measurement is m³.

b. Utilized wood: Branches and tops with a diameter of 25 cm or more, length of 1 meter or more, and log sections with hollows throughout their length, where the hollow diameter occupies 40-70% of the log section diameter. Unit of measurement is m³.

c. Firewood: Branches and tops with a diameter of less than 25 cm, length of 1 meter or more, and log sections with hollows throughout their length, where the hollow diameter occupies more than 70% of the log section diameter. Depending on the characteristics of the tree species, terrain conditions, transport distance, and consumption capacity, the utilization rate can be designed within the following limits:

Large timber: 60% or more.

Utilized wood: 10% or more.

Firewood: 5% or more.

In cases of felling of waste trees and forest sanitation, the utilized product volume is recorded separately in the exploitation product table, and the marking stake hammering is conducted according to the provisions of Article 34 below.

For trees felled along transport routes, transport sites, and logging sites, if the diameter of the log section at the base is 25 cm or more, it is considered large timber, and less than 25 cm is considered utilized wood.

d. For timber stump forests, the utilization rate is as follows:

Large timber (diameter > 25 cm) from 10 to 15%.

Timber stumps (diameter < 24 cm) from 65 to 70%.

Firewood from 5% or more.

Firewood at 5% or more

Article 15. Main contents of exploitation design work.

1. Forest verification: Before designing exploitation, forest verification must be conducted according to the following contents:

a. Reconnaissance: Surveying topography, describing in detail about height, slope, river system, etc., determining the position of compartments permitted for inclusion in the exploitation plan, comparing the actual state of the forest with maps to supplement reasonably.

b. Dividing plots and sections on-site (for large timber business, plot area ranges from 5-15 hectares).

c. Marking plot and section boundaries, measuring and drawing a map at a scale of 1/5000 within the exploitation area. Plot boundary width is 1 meter, section boundary width is 15 meters and marking paint onto trees along the boundary on both sides of the plot, section, compartment with the following symbols: Plot boundary marked with one horizontal stroke of paint, Section two horizontal strokes of paint parallel to each other, Compartment three horizontal strokes of paint parallel to each other.

d. Setting up stakes for plot and section boundary paths and recording the code number of the plot and section (for sections, record Roman numerals, for plots, record using Vietnamese alphabetical letters).

e. Establishing standard grids (the area of standard grids equals 2% of the design area) to collect data on average height, average diameter, stock volume, canopy density, species composition, total number of trees, total number of trees meeting the logging diameter standard, etc. Based on this, estimate the intensity of exploitation.

2. External design.

a. Based on the estimated exploitation intensity, proceed to mark trees meeting the logging diameter standard as prescribed in Clause 4, Article 14 (do not mark trees belonging to Group IA and limit marking trees belonging to Group IIA as prescribed in Decree No. 48/2002/NĐ-CP dated April 22, 2002 of the Government), trees to be felled, trees to be cut down for transport roads, transportation, wood storage areas. The technique for marking trees is carried out according to the Management and Use Regulations for Tree Marking Stakes and Forest Inspection Stakes issued by the Ministry of Agriculture and Rural Development. For mine timber, trees are marked with paint marks. b. Measuring marked trees.

Measure the diameter or circumference of the tree at a height of 1.3 meters from the base (D

1.3_{), numbering marked trees with paint marks according to each plot and directly measuring each tree, recording data in the tree marking order form.}Measure the height below the crown using direct measurement methods with a height gauge and angle finder simultaneously identifying the tree species, collecting data and recording it in the tree marking form.

Measuring marked trees includes those on transport and export roads and wood storage areas with D

from 25 cm or more._1,3 If the tree species cannot be identified, mark "SP" in the tree marking form, temporarily classify it into an appropriate group based on the characteristics of the tree. In cases where a certain tree species has not been classified into the 8 groups of timber and has a volume less than 500 m3 within a province, classify it into an appropriate group based on the characteristics of the timber and market preferences; if the volume is 500 m3 or more, samples must be sent to the Forestry Science Institute for appraisal and classification. While waiting for the results of the appraisal, temporarily classify it into an appropriate group of timber to prepare the design documentation for review.

c. Determining the type of transport and transportation, selecting positions and preliminarily designing production facilities within the exploitation area, including: transport and transportation networks, wood storage systems, and other auxiliary facilities but must ensure the minimum cutting of trees for construction.

The determination of the location of wood storage areas must follow the principle of ensuring reasonable transport and transportation distances to maximize the productivity of transport equipment, which can be implemented during the rainy season, but must facilitate management, inspection, and supervision by state management agencies over the forest owners.

d. Designing other production facilities if necessary.

3. Internal calculation:

a. Calculating main forestry indicators by plot, section, and compartment.

b. Based on the tree marking form, calculate standing tree volume according to the formula V = GHf (G: Cross-sectional area at 1.3m; H: Crown height; f: Form factor) and commercial yield, utilization rate for each tree, then aggregate for the plot, section, and compartment.

c. Accurately determine the exploitation intensity to comply with the provisions of Clause 3, Article 14, if exceeding the regulations, adjust the number of marked trees in the external phase.

d. Calculate commercial yield by species, logging diameter class, and timber group.

e. Calculate production facilities within the exploitation area such as: transport and transportation roads, wood storage systems, etc.

g. Prepare production plans for each forest owner unit including, transport and transportation networks, wood storage systems, calculating production costs (labor or investment cost for a unit product); estimating resource taxes, funds set aside for reinvestment in forest regeneration, planning forest regeneration volumes, budgeting production costs, etc.

h. The volume of large timber in the design documentation must comply with the provisions of Clause 3, Article 11.

The volume of timber harvested on transport and transportation roads, wood storage areas is separately recorded in the exploitation product table and does not count towards the large timber harvesting index assigned by the Ministry of Agriculture and Rural Development.

4. Measurement and calculation methods are carried out according to the procedures of the Forest Investigation and Planning Institute approved by the Ministry.

5. Prepare the exploitation design documentation in accordance with the regulations of the Ministry of Agriculture and Rural Development.

5. Prepare the harvesting design dossier in accordance with the regulations of the Ministry of Agriculture and Rural Development.

Article 16. Design Review for Off-Forest Operations. The design review for off-forest operations shall be conducted by the Department of Agriculture and Rural Development or delegated to the Forest Development Agency, in collaboration with the forest owner and the design unit, according to the main contents as follows: 1. The forest area eligible for harvesting as stipulated in Article 12 of this regulation and the main technical criteria specified in Article 14 of this regulation.

2. The name of the harvesting area must align with the forest management plan approved for the period or the supplementary documentation on the harvesting area issued by the Forestry Bureau.

3. Inspection and evaluation of the system of boundary markers and compartment division lines as prescribed in Article 15.

4. Examination of the rationality of transport routes and log storage areas (in cases where trees need to be felled to create such routes and areas).

5. Verification of the accuracy and quality of marked trees.

6. The volume of verification for Clauses 1, 2, 3, 4, and 7 is as follows:

a. If there is one lot within one compartment, verify one lot.

b. If there are two to four lots within one compartment, verify two lots.

c. If there are five or more lots within one compartment, verify fifty percent of the lots and round up the number of lots.

7. Verification of stock volume using the standard plot method with the verification area being one percent of the area of the lot under verification as stipulated in Clause 6 of this Article.

8. Verification of the quality of marked trees and harvest yield.

a) The volume of verification calculated based on the forest owner's unit:

Up to fifteen lots: verify one lot.

From sixteen to twenty-five lots: verify two lots.

More than twenty-five lots: verify three lots.

b) Verification method:

Verify the quality of marked trees on the verified lot by tallying all trees with marking hammer marks belonging to the timber group.

Verify the yield by randomly measuring thirty percent of the marked trees cut from the verified lot. The counting method is as prescribed in Point b, Clause 2, Article 15.

Calculations of these indicators shall be carried out using the methods provided by the design party.

9. The results of the verification shall be recorded in the minutes according to the prescribed format and incorporated into the design file to serve as the basis for approval. The verification fee shall be included in the design cost for harvesting.

The Department of Agriculture and Rural Development shall establish standards to be submitted to the Provincial People's Committee for decision.

10. Evaluation and Handling: The handling of errors regarding the indicators stipulated in Article 16 is as follows:

a. Errors specified in Clause 1 and Clause 2: Not accepted.

Errors specified in Clause 3, Clause 4, and Clause 5: Require the design unit to supplement.

The Standing Office of the Council for International Cooperation on Non-Governmental Organizations (Vietnam Friendship Association) is the agency responsible for receiving registration dossiers, leading, and coordinating with member agencies of the Council to examine dossiers and return results of reviews of registration dossiers of foreign non-governmental organizations in Vietnam.. c. Errors specified in Clause 7 and Clause 8: Allow for plus or minus ten percent, if exceeding the upper limit, recalibration must be performed from the off-forest operation stage.

Article 17. Approval of Harvesting Design Files for Forest Owners.

Based on the harvesting design files that have been developed and the external review minutes as stipulated in Article 16 and other provisions of this regulation, the Department of Agriculture and Rural Development shall organize the examination and approval of harvesting design files for each forest owner according to the main contents as follows:

1. The forest area eligible for harvesting.

2. The permitted harvesting location, including specific names of sub-districts, compartments, and lots.

3. The area to be harvested by sub-district, compartment, and lot.

4. The allowable harvest volume, including large timber, utilizable timber, and firewood by sub-district, compartment, and lot.

5. Timber species: By group and grade.

6. Main technical criteria.

7. Basic construction indicators, including labor costs or production costs and product consumption.

8. Forest-related indicators.

9. Approve the log storage system as stipulated in Point c, Clause 2, Article 15 for forest owners, and simultaneously notify the Forest Inspection Agency to serve as the basis for affixing inspection hammers at log storage sites and publicly announce them for public oversight and monitoring.

The Director of the Department of Agriculture and Rural Development is responsible before the Provincial People's Committee and the Ministry of Agriculture and Rural Development for the indicators and techniques of the approved harvesting files.

The Director of the Department of Agriculture and Rural Development is responsible before the Provincial People's Committee and the Ministry of Agriculture and Rural Development for the indices and techniques of the approved harvesting dossier.

Article 18. Procedures for Approval and Issuance of Forest Harvesting Decisions.

1. The Department of Agriculture and Rural Development shall compile and approve the comprehensive dossier for the entire province, then prepare a report to submit to the Provincial People's Committee in November of the preceding year.

2. Based on the comprehensive dossier and the report from the Department, the Provincial People's Committee shall issue a document requesting the Ministry of Agriculture and Rural Development to review the harvesting design dossier no later than December 15 of the preceding year according to the criteria stipulated in Article 17.

3. Review of the harvesting design dossier for localities.

Based on the dossier prescribed in Article 33 and the allowable harvest volume for the year, the Forestry General Department shall establish a review form for the localities according to the contents stipulated in Article 34 of this regulation.

4. Decision to Open Forests for Harvesting.

The Ministry of Agriculture and Rural Development shall issue decisions to open forests for harvesting for each province and nationwide in January, accompanied by detailed appendices specifying area, location name, volume, and permitted harvesting.

5. Issuance of Harvesting Permits.

On the basis of the decision to open forests for harvesting issued by the Ministry, the Department of Agriculture and Rural Development shall issue harvesting permits directly to each forest owner for each lot and each phase when the forest owner completes the harvesting of previously permitted lots before issuing permits for subsequent lots and organizing inspections and monitoring of the implementation process (no permits will be issued to harvesting units). If the harvesting area has not been fully exploited but the recorded volume in the harvesting permit has been reached, no further harvesting permits will be issued for remaining areas. Areas left unharvested if concentrated in one lot or part of a lot (from half a lot upwards) may be included in the next year's harvesting plan.

6. In case of objective conditions requiring changes to the harvesting location compared to the Ministry's decision to open forests, the Department of Agriculture and Rural Development shall submit a document to the Ministry requesting a change in the location name along with the new harvesting design dossier for the Ministry to consider and decide.

The decision to open forests by the Ministry and the harvesting permits shall be sent to the Forest Inspection Sub-Department and the relevant locality as the basis for inspection and supervision of the implementation process.

Article 19. Provisions During the Harvesting Process.

1. Conditions for Organizing Harvesting: After obtaining the harvesting permit, the forest owner may proceed to organize harvesting.

2. Forms of Organizing Harvesting: The forest owner has the right to independently organize harvesting according to the content of the harvesting permit issued by the Department and the Ministry's decision to open forests, as follows:

a. Conduct public bidding to sell standing trees according to current regulations.

b. Conduct public bidding for harvesting.

c. Self-organize harvesting (assign to subordinate units to carry out harvesting).

3. Handover of Harvesting Area: The forest owner shall hand over the dossier and site to the harvesting unit and establish a record according to the following contents.

a. The approved harvesting design dossier must comply with the Ministry's decision to open forests, harvesting permit, map of the harvesting area, and tree marking sheet.

b. Boundaries of the harvesting area by lot, compartment, sub-compartment, system of stakes and markers, total number of marked trees to be felled, allowable volume of timber, utilization rate of timber, and planned network of transportation routes, storage sites.

The dossier and handover record shall be sent to the local forestry inspection station for supervision of implementation.

4. Preparation for Harvesting. Prior to harvesting, the harvesting unit must undertake the following tasks:

a. Clear the forest comprehensively or partially (except for coppice forests) to ensure safety during harvesting.

b. Repair and improve transportation and storage routes within the harvesting area. In cases where the transportation route needs to be changed from the approved harvesting design dossier, the forest owner shall report to the Department of Agriculture and Rural Development for inspection and confirmation. The Department shall prepare a request for change and supplement the utilized timber volume on the transportation route for the Ministry to consider and decide.

5. Harvesting shall be carried out according to the following provisions:

a. Harvesting must be conducted within the permitted location.

b. Only trees marked for felling shall be cut down, and harvesting must be completed in each lot, with at least 90% of the marked trees being felled in each lot.

c. When harvesting is complete in a lot, the forest owner must immediately transport the logs to the storage site, mark them with serial numbers using paint, establish a log history based on the serial numbers, and calculate the volume of large timber. For the final lots in the annual harvesting plan, if the total volume of large timber harvested meets the decision to open forests for the entire harvesting area (not separately for each lot, compartment, sub-compartment), but not all marked trees have been felled, harvesting must stop immediately, and the remaining unharvested area shall be handled according to Clause 5 of Article 18. The permissible error between the total volume of large timber measured by the forest owner and the total volume in the harvesting design dossier is ±10%.

d. Immediately after felling, branches and tops must be removed, and the number of logs must match the number of marked trees.

e. The maximum stump height measured from the highest ground level is defined as follows: The maximum stump height shall not exceed one diameter of the tree at position D._{), numbering marked trees with paint marks according to each plot and directly measuring each tree, recording data in the tree marking order form.}

g. After transporting the timber to the storage site, the forest owner shall notify the local forestry inspection station for inspection, confirmation, and affixing of the forestry inspection stamp according to current regulations.

i. Harvesting must follow technical procedures.

6. Forest Sanitation: After completing harvesting and transporting timber out of the lot, the forest owner must immediately remove fallen, broken trees that occurred during felling, discarded trees, and perform sanitation work. Products obtained shall be added to the utilized timber volume in the main harvesting operation. Forest sanitation work must be completed within the specified harvesting period as stipulated in Clause 8 of this Article.

7. Establish a handover record between the forest owner and the harvesting unit after harvesting.

8. Harvesting Period: From January 1 to March 31 of the following year.

Article 20. Inspection of Forest Closure After Exploitation

1. Inspection of forest after exploitation: After completing exploitation or upon expiration of the exploitation period (March 31), the Department of Agriculture and Rural Development or its authorized Forest Development Agency shall lead and coordinate with the local Forest Rangers Station, the forest owner, and the exploitation unit to conduct on-site inspections and prepare inspection records evaluating the implementation of exploitation according to the following contents:

a. Results compared with the design documents, exploitation permit, and decision on opening the forest regarding place names, area, transport road systems for wood extraction and transportation, and storage areas.

b. Exploitation techniques such as stump height, tree fall ratio, and post-exploitation handling of fallen trees, utilization of wood, number of felled trees without marking, number of marked trees that were not felled...

c. Regarding forest thinning and sanitation work.

d. General observations and evaluations of the exploitation site, recommendations to the forest owner and exploitation unit regarding deficiencies (if any), and proposals for handling violations (if any).

e. Inspection and acceptance of forest ranger's hammering: After the Department of Agriculture and Rural Development or its authorized Forest Development Agency conducts inspections and supplementary hammering of marked trees, they will proceed with the inspection and acceptance of forest ranger's hammering as follows:

The forestry inspection agency randomly checks 30% of the volume of wood from one or more exploited lots.

The method of inspection and measurement positions, and the deduction of defects in volume are carried out in accordance with the provisions of Article 6 of Decision No. 69/2001/QĐ-BNN-KL.

If there is a discrepancy between the random volume checked by the forestry inspection agency and the volume recorded in the forest owner's wood history (calculated based on the volume already deducted for defects), it will be handled according to the provisions of Clause 3, Article 14 of Decision No. 69/2001/QĐ-BNN-KL. In which, the error is calculated based on the total volume of wood proposed for inspection and hammering (excluding by species and group of wood). For utilized wood, the actual situation is inspected.

2. Regarding supplementary hammering of marked trees and the method of measuring inspection and acceptance of forest ranger's hammering are implemented according to Decision No. 69/2001/QĐ-BNN-KL dated June 26, 2001 of the Ministry of Agriculture and Rural Development.

3. Closing the forest after exploitation:

Based on the results of the inspection after exploitation as stipulated in Article 20, the Department of Agriculture and Rural Development issues a decision to close the exploited forest. The department's decision is sent to the locality and the local Forest Rangers Station for monitoring. Upon issuance of the decision to close the exploited forest, the forest owner establishes a record of the forest area to be included in the current management and protection system.

Section 2. Exploitation for Utilization. Article 21. Objectives of Forests for Exploitation for Utilization.

1. Forest areas must be exploited for land use conversion, having all necessary procedures in accordance with current regulations (mining, water reservoirs, roads, traffic infrastructure, construction projects, agricultural crops, industrial crops...).

2. Forest areas that are depleted, low-yielding, and need to be exploited for replanting with higher-yielding forests based on economic and technical feasibility studies, or approved projects by competent authorities.

3. Forests located along wood extraction and transportation routes, storage areas.

4. Forest areas containing standing dead trees due to fire, pests, tapping, or adverse weather conditions.

5. Standing trees scattered remaining in fixed fields, industrial plantations, and paddy fields.

6. Forest areas not yet due for harvesting can be selectively cut for nurturing or thinning. Selected forest areas can be cut to transform into seedling forests.

7. Depleted forest areas can be enriched through strip planting or trench planting methods.

6. Forest areas not yet due for harvesting may proceed with thinning cuts and selective thinning. Selected forest areas may be converted into seedling forests through harvesting.

7. Degraded forest areas may be enriched through planting in strips or trenches.

Article 22. Design Steps and Approval Procedures

1. For forest objects under Clauses 1, 2, 3, 4, and 5 of Article 21.

a. Clearly define boundaries and areas according to plots, compartments, sub-compartments, or along the sections of the exploitation area that have been permitted by the competent authority.

b. Measure and mark all trees with a diameter of 25 cm or more at a height of 1.3 meters from the ground, and paint marks on smaller trees with a diameter of 10 cm or more but less than 25 cm. c. Calculate the volume of main products (trees with a diameter of 25 cm or more) that can be utilized based on size, type, and wood group.

d. Estimate the volume of small wood and firewood that can be utilized.

e. The Department of Agriculture and Rural Development or the Forestry Development Agency shall lead the external review according to the provisions of Clause 1 of this Article.

g. Prepare the design exploitation utilization file.

2. For objects under Clause 6 and Clause 7 of Article 21, implement as follows:

a. In principle: Strictly respect the regulations regarding objects and impact measures in the technical forestry norms applied to production forests for timber and bamboo (QPN 14-92); construction norms for seedling conversion forests (QPN 16-93), and the following technical criteria:

The cutting intensity based on stock should not exceed 15% for nurturing cuts and not more than 30% for enrichment cuts.

Utilized wood types should not exceed 10 cubic meters per hectare for nurturing cuts and 15 cubic meters per hectare for enrichment cuts.

Utilized firewood should not exceed 15 cubic meters per hectare for nurturing cuts and 20 cubic meters per hectare for enrichment cuts.

b. Determine the scope of the area according to sub-compartments, compartments, and plots.

c. Arrange cutting bands, retention bands, or strips according to enrichment forest techniques.

d. Mark and hammer trees with a diameter of 25 cm or more on the cutting band that can be utilized.

e. Hammer trees with a diameter of 25 cm or more for nurturing forests. Cut trees are those that are crooked, diseased, old, stunted, or non-economic. Trees rejected or killed by thinning need only be marked with paint.

f. Calculate the volume of products that can be utilized.

g. The Department of Agriculture and Rural Development or the Forestry Development Agency shall conduct an external review according to the provisions of Clause 2 of this Article.

h. Prepare the design exploitation utilization file.

3. Approval procedures:

a. Objects under Clause 3 of Article 21: are designed and approved simultaneously with the main timber natural forest exploitation design file as stipulated in Section I, Chapter III.

b. Objects under Clause 5 of Article 21: the Department of Agriculture and Rural Development approves the design exploitation file and submits it to the Provincial People's Committee for permission to exploit.

c. Objects specified in Clauses 1, 2, 4, 6, and 7 of Article 21 shall be implemented as stipulated in point b of Clause 3 of this Article, but before the Provincial People's Committee issues a decision to permit exploitation, there must be a written opinion from the Ministry of Agriculture and Rural Development.

4. For objects specified in Article 21 but are planted forests, the design exploitation and approval procedures shall be carried out according to the provisions of Clauses 2 and 3 of Article 28.

Article 23. Provisions during the exploitation utilization process.

1. Exploitation utilization in objects under Clauses 4, 6, and 7 must comply with procedures and norms to ensure regeneration, minimize impacts on remaining trees, and not open new transport and storage facilities but utilize existing facilities or trails for transportation.

2. Other objects shall be implemented according to the provisions of Clause 5 of Article 19, Section 1, Chapter III.

3. Exploitation utilization must be conducted at the correct location, within the approved area, and for the approved object. Strictly prohibit using nurturing and enrichment cuts to exploit timber or bringing timber from other areas into the permitted exploitation utilization zone. 4. Ensure maximum utilization of timber and forest products during the exploitation utilization process.

5. Handle branches and tops after exploitation.

6. After exploitation utilization, conduct a forest acceptance inspection according to the provisions of Article 43 of this regulation.

4. Ensure maximum utilization of wood and forest products during harvesting.

5. Post-harvest branch and top treatment:

6. After the harvesting process, conduct a forest inspection as stipulated in Article 43 of this regulation.

Section 3. Harvesting of Various Types of Dried Wood in Natural Forests (referred to as harvesting)

(shortened as post-harvesting)

Article 24. Objects and Locations for Harvesting

1. Objects for harvesting: include various types of dried green wood, peeled wood, burnt wood, and dried wood in the form of fallen wood (including trunk, branch, top, bark residue, stump, root...), with all sizes and types.

2. Locations for harvesting: These objects currently still lie on two types of land, specifically:

a. Forestry Land: Wood left behind at old logging sites, on abandoned fields.

b. Agricultural Land: Fallen wood on fixed fields, paddy fields, industrial tree plantations, fruit trees.

Article 25. Design for Harvesting, Approval Procedures, and Execution

1. Design for Harvesting:

a. For wood lying at old logging sites: Collect each lot and gather them at the division road, then specifically tally the number of logs, pieces, and lengths; measure dimensions, calculate volume according to the type of wood for each lot, section, and small area; hammer nails into logs, pieces, and trees with a diameter of 25 cm or more and boxes with a thickness of 10 cm or more, and mark the rest with paint; establish records for trees, logs, pieces, and boxes that have nails hammered into them, and estimate the volume of remaining wood.

b. For wood lying at other remaining sites, conduct on-site statistics following the procedures specified in point a, Clause 1 of this Article.

c. Prepare a harvesting dossier including:

The application of the forest owner

Permits for harvesting issued by the competent authority

Detailed table of place names, production volumes, objects, and sizes of harvested products.

d. The Department of Agriculture and Rural Development or the Forest Development Agency, acting on behalf, together with the forest owner, will lead the preparation of a field inspection record.

2. Approval Procedures:

The Department of Agriculture and Rural Development approves the design dossier and compiles it to submit to the Provincial People's Committee for a decision to allow harvesting of wood on agricultural land as stipulated in point b, Clause 2, Article 24. For wood classified under Group IIA as defined in Decree 48/2002/NĐ-CP and for wood on forestry land as defined in point a, Clause 2, Article 24, it must be reviewed and approved in writing by the Ministry of Agriculture and Rural Development.

3. Execution of Harvesting: Harvesting must be conducted at the permitted location, area, and object. If harvesting occurs at old logging sites, new roads may not be opened but existing ones must be utilized. Strictly prohibit bringing wood from elsewhere into the permitted harvesting area.

Section 4. Extraction of Bamboo, Reed, and Non-Wood Forest Products

in Natural Forests.

Article 26. Extraction of Bamboo and Reed

1. Object: Bamboo and reed forests with a canopy cover of over 70% and at least 40% of mature and medium-aged trees.

2. Technical Indicators: Must comply with established procedures and regulations.

a. Rotation period for extraction 2 - 4 years

b. Intensity from 1/4 to 2/3 of the total number of trees

c. For clump-growing species, leave at least 10 trees per clump.

d. Age of trees for extraction must be over 2 years.

3. Design for Extraction

a. Mark boundaries, set up stakes and boards on the ground

b. Create a map at a scale of 1/5000 of the extraction area

c. Clearly define the name and area of the extraction site

d. Count the number of trees

e. Calculate the extraction yield based on the number of trees or convert to tons for each grid and aggregate by section and small area.

4. Approval Procedures and Execution of Extraction:

The forest owner prepares an extraction design dossier according to the above technical contents, and the Department of Agriculture and Rural Development reviews and approves the design, issuing an extraction permit. The extraction permit is sent to the local forest protection station as a basis for inspection and supervision.

Article 27. Extraction and Collection of Non-Timber Forest Products.

1. Concentrated extraction of forest products within contiguous plots and compartments shall be carried out by the forest owner: The forest owner must conduct statistics by plot, compartment, and sub-district, then submit for approval and issuance of permits by the Department of Agriculture and Rural Development.

2. For scattered extraction of forest products not contiguous and not belonging to Group IA as stipulated in Decree No. 48/2002/NĐ-CP dated April 22, 2002, the collector must apply for collection permission (specifying the location and quantity) which must be confirmed by the forest owner and submitted to the Department of Agriculture and Rural Development for consideration and issuance of collection permits while ensuring that it does not harm the development of such products.

3. For the purchase of forest products, the purchaser only needs to apply for a permit from the Department of Agriculture and Rural Development or authorize the Forestry Development Agency to obtain a purchasing permit. The application must clearly state the type, quantity, and location of the purchase.

4. For forest products belonging to Group IIA as stipulated in Decree No. 48/2002/NĐ-CP and for tapping resin and peeling bark from natural forests for large timber production, prior opinion from the Ministry of Agriculture and Rural Development is required before issuing permits.

Section 5. Extraction of planted forests by forest owners and wood from gardens, natural forests designated for regeneration under Decree No. 02/CP dated January 15, 1994 and Decree No. 163/1999/NĐ-CP dated November 16, 1999 of the Government, and forests owned by households.

Article 28. Concentrated extraction of planted forests by state organizations using budget funds and non-reimbursable aid.

1. Technical criteria:

a. Harvest age:

The harvest age of planted forests is determined based on the species, quality requirements, and product specifications of the planted forests, and decided by the Department of Agriculture and Rural Development upon the proposal of the forest owner.

b. Harvesting method: clear-cutting all at once or by plot. After harvesting, replanting must be done immediately during the next planting season.

c. Utilization rate:

Raw wood: 70-80%

Firewood: 10-15%.

2. Documentation for extraction: The preparation of extraction documentation is simplified, requiring no additional field measurements, only inventory and combining with existing documents to create specific documentation as follows:

a. Determination of the name and area of the extraction zone

b. Determination of age, stock volume, utilization rate, and yield

c. Preparation of a map of the extraction zone at a scale of 1:5000

d. Formulation of a replanting plan

e. Compilation of extraction documentation for each forest owner.

3. Procedure for issuing extraction permits:

a. For units under provincial jurisdiction, the Department of Agriculture and Rural Development will process the application and issue extraction permits.

b. For units directly under the Ministry of Agriculture and Rural Development, the Forestry Service will review and issue extraction permits.

c. For units under other Ministries and Sectors, the Department of Agriculture and Rural Development or authorize the Forestry Development Agency will assess the application as a basis for the relevant Ministries and Sectors to approve the documentation for issuance of extraction permits to the forest owner and report to the Department of Agriculture and Rural Development for monitoring and compilation.

d. The decisions and permits mentioned in points a, b, and c shall be sent to the local Forest Protection Station for inspection and supervision.

d. Decisions and permits mentioned in points a, b, and c shall be sent to the local Forest Protection Station for inspection and supervision.

Article 29. Exploitation of planted forests, garden wood, scattered crops invested by the forest owner or obtained through preferential loans.

I. Age for exploitation

a) If the forest owner invests their own capital to plant the forest, the age for exploitation shall be determined by the forest owner.

If the planted forest is funded by state loans with normal interest rates

or preferential rates or other sources of loans guaranteed by the state, the age for exploitation shall be decided by the investor (the entity directly borrowing the funds), but must be consistent with the harvesting cycle of the tree species specified in the approved investment project.

II. Procedures for exploitation

a) For point a, Clause 1 of this Article, if the harvested trees do not match the names of natural forest trees, when exploiting for commercial purposes, the forest owner only needs to report to the People's Committee of the commune for confirmation that the wood is legal and can freely exploit and circulate the products. If there is a match with natural forest trees but does not belong to Group IA as stipulated in Decree No. 48/2002/NĐ-CP of the Government, before exploitation, the forest owner reports to the People's Committee of the commune and the local Forest Protection Station for confirmation of marking the tree, stamping the forestry inspection seal, and obtaining free circulation.

b) For point b, Clause 1 of this Article, the forest owner prepares an exploitation design dossier in accordance with Article 28. The investor (the entity directly borrowing funds for planting the forest) collaborates with the Department of Agriculture and Rural Development or delegates the Forestry Development Agency to approve the dossier and the investor issues the exploitation permit. After exploitation, the forest owner reports to the local Forest Protection Station for confirmation to facilitate circulation.

Article 30. Exploitation of planted forests by households and individuals using aid funds, state budget funds.

For planted forests using aid funds, state budget funds: Implementation shall follow specific regulations for each project.

 

Article 31. Thinning (pruning) for planted forests

I. In cases where there is no timber harvest, the decision is made by the forest owner.

II. In cases where there is timber harvest.

a) For planted forests funded by state budgets, preferential loans, the following technical criteria apply:

Must respect the thinning procedures and norms.

The intensity of cutting should not exceed 50%. Specifically:

For selective thinning, the intensity of cutting based on the number of trees (percentage of trees cut out of the total number of trees) must be greater than the intensity of cutting based on volume (percentage of volume cut out of the total volume).

For mechanical thinning, the intensity of cutting based on the number of trees equals the intensity of cutting based on volume.

Trees to be cut are those with poor growth, crooked, diseased, stunted, or dead.

Prepare a thinning dossier:

Determine the location and area of the thinning zone.

Mark the trees to be cut with paint for selective thinning; mark the rows to be cut or specify how many trees to leave between cuts for mechanical thinning.

Record the age, height, diameter, number of trees, and volume of the forest section.

Determine the intensity of cutting.

Calculate the number of trees to be cut and left.

Determine the volume to be cut and left.

Determine the yield.

Approval procedures:

Units under the province are approved and issued thinning permits by the provincial department.

Units not directly under the province are approved and issued thinning permits by the investor (the entity borrowing funds). The permit dossier is sent to the local Forest Protection Station,

the Department of Agriculture and Rural Development, and the supervising management agency for monitoring. b) For planted forests funded by the forest owner's own capital: the forest owner has autonomy in implementation.

b. For planted forests where the forest owner invests their own capital: the forest owner has autonomy in implementation.

Article 32. Logging of natural forest wood subject to regeneration enclosure granted under Decree No. 02/CP dated January 15, 1994 and Decree No. 163/1999-NĐ-CP dated November 16, 1999 of the Government shall be self-funded by the forest owner; forests belonging to households.

a. Logging for firewood and household timber needs of the forest owner: the forest owner must report to the People's Committee of the commune where the forest is located.

b. Commercial logging: When the forest meets the logging standards as stipulated in Article 12, the forest owner shall submit an application and provide statistics on the number of trees to be felled, reporting to the Department of Agriculture and Rural Development for inspection, marking, and issuance of logging permits.

After completion of logging, the forest owner shall report to the local Forest Protection Station for inspection, confirmation, and marking by the Forest Protection Service.

Section 6. Provisions on the Review of Logging Design Documentation

Article 33. Logging design documentation sent to the Ministry for review

1. A document from the Provincial People's Committee requesting the Ministry of Agriculture and Rural Development to review the logging design documentation of the locality.

2. The forest review record of the Department of Agriculture and Rural Development or the Forestry Development Agency as stipulated in Article 16.

3. Logging design documentation and comprehensive production and business plans for the entire province approved by the Department of Agriculture and Rural Development. In which, main forestry indicators are detailed for each plot, detailed yield location tables are provided for the total plot and include plot names.

4. Decision approving the logging design documentation and production plans for forest owners issued by the Department of Agriculture and Rural Development as stipulated in Article 17.

5. Report on the implementation of ten months and estimated implementation of the annual logging plan according to the indicators specified in the logging design documentation.

Article 34. Contents of the review of logging design documentation.

1. The Forestry Bureau reviews the logging design documentation based on the following contents:

a. Checking the logging design documentation as stipulated in Article 33.

b. Verifying the accuracy of the logging design documentation and the field verification form for non-forestry design.

c. Reviewing the indicators in the logging design documentation as stipulated in Articles 14 and 17 of this regulation.

d. Comparing the detailed location and yield information in the documentation with the permitted detailed location and yield information in the management plan. If there are changes in the logging locations, they will be handled according to Clause 2 of Article 16, if there is a significant difference in the allowable volume of timber, it will be handled according to Clause 4 of Article 11.

2. The Forestry Bureau issues a unified system of forms for management plans, logging design documentation, forest review records, various acceptance, inspection, and handover certificates throughout the country.

Chapter IV

LOGGING OF WOOD AND NON-WOOD FOREST PRODUCTS

IN PROTECTED FORESTS.

Article 35. General Provisions

1. All logging activities must ensure the principle of maintaining and developing protective capacity of the forest. All logging activities that reduce forest capital and protective capacity of the forest are strictly prohibited.

2. The Ministry of Agriculture and Rural Development may temporarily suspend logging of natural forest wood in protected forests at the request of environmental protection.

3. Logging of wood, bamboo, and other forest products in protected forests must be reflected in economic and technical feasibility studies or in construction projects for protected forests approved by competent authorities. The forest owner must prepare an exploitation plan for the planning year to be consolidated by the Department of Agriculture and Rural Development and submitted to the Provincial People's Committee.

4. Logging of wood, bamboo, and other forest products in protected forests is only combined to ensure benefits for local workers living near the forest, closely connected with the forest, actively participating in protecting and constructing protected forests.

Article 36. Logging timber and other forest products in natural forests

1. For very critical protective forests:

Logging is permitted for dead trees, fallen trees, trees with broken tops, and harvesting wood from objects specified in Article 24 to facilitate natural regeneration.

2. For critical protective forests: In addition to the objects specified in Clause 1 of this Article, logging is also permitted for diseased and pest-infested trees, standing trees in areas with excessive density (canopy cover of 0.8 or more), with a logging intensity not exceeding 20% (except for wood groups IA as defined in Decree No. 48/2002/NĐ-CP) and ensuring a canopy cover of at least 0.6 after logging.

3. Design procedures and approval process as follows:

a. The design shall be carried out by the design agency as stipulated in Article 22 at the request of the forest owner.

b. The Department of Agriculture and Rural Development or the Forestry Development Agency under its delegation shall organize the review of the forest together with the design unit and the forest owner. 4. Approval procedure: As prescribed in Clause 2, Article 25 of this regulation.

Article 37. Logging timber in encircled-nurtured forests on land without existing forests.

For forests invested by the State according to Article 36.

1. 2. For forests assigned or contracted to the forest owner who invests their own capital:

a. Regardless of very critical and critical zones, when the forest meets the logging standards as specified in Article 12, selective logging with a maximum intensity of 20% is allowed. Except for wood group IA as defined in Decree No. 48/2002/NĐ-CP dated April 22, 2002 of the Government. The logging design shall be carried out as stipulated in point a, point b, Clause 2, Article 15 of this regulation.

b. Regarding the approval procedure: If logging is for the forest owner's firewood needs, the forest owner shall submit an application to the People's Committee of the commune (for assigned cases) or the forest protection management board (for contracted cases) for inspection and permission to log. If it is for household wood needs, the forest owner shall submit an application for logging to the People's Committee of the commune or the management board for confirmation, and the Department of Agriculture and Rural Development shall issue the permit.

If it is for commercial logging: The approval procedure shall apply as specified for the object in Clause 2, Article 36.

Article 38. Logging bamboo and other forest products

1. For bamboo forests, logging is only permitted when the forest reaches a coverage rate of over 80%.

2. Maximum logging intensity is 30%, and bamboo shoots can be harvested.

3. Regarding design, approval, and implementation procedures: Follow Article 26.

4. It is permissible to harvest various forest products without affecting the protective capacity of the forest.

Licensing procedures are carried out according to Article 27.

Article 39. Logging planted forests.

1. For forests invested by the State, it is permitted to log auxiliary trees and thinning forests with high density. The logging intensity should not exceed 20% and must ensure a canopy cover of at least 0.6 during thinning. When the forest closes its canopy, it is allowed to log auxiliary trees, but the main crop trees must remain at least 600 trees/ha; if not sufficient, auxiliary trees must be left according to the main crop tree regulations.

When the main crop trees reach the logging age, annual selective logging with an intensity not exceeding 20% or clear-cutting in small plots with an area of less than 1 ha for critical protective forests and less than 0.5 ha for very critical protective forests, but not exceeding 1/10 of the planted forest area, and replanting must be done immediately after the next season.

2. For planted forests managed or self-invested by the management board or contractor, when the forest reaches the logging age, each year up to 1/10 of the area invested and planted by the forest owner is allowed to be logged. Cutting methods include bands or patches, with bands or patches not adjacent to each other, with an area not exceeding 1/10 ha in very critical zones and not exceeding 2 ha in critical zones, and replanting must be done immediately after the next season.

3. Logging criteria: Logging age and design documentation follow the provisions of Clause 1, Clause 2, Article 28.

4. Approval procedure: The Department of Agriculture and Rural Development reviews the documentation and issues the logging permit.

3. Harvesting criteria: harvesting age and preparation of the harvesting design dossier shall be carried out in accordance with Clause 1 and Clause 2 of Article 28.

4. Approval procedures: The Department of Agriculture and Rural Development reviews the dossier and issues the harvesting permit.

Article 40. Exploitation and Utilization when Changing the Purpose of Use:

1. The objects as prescribed in Clause 1, Article 21.

2. The exploitation procedures shall be carried out in accordance with the provisions of Article 22.

Chapter V

PROVISIONS ON THE RESPONSIBILITIES OF FOREST OWNERS AND EXPLOITATION UNITS; TASKS, LIMITATIONS OF STATE MANAGEMENT AUTHORITIES AT ALL LEVELS

HARVESTING; DUTIES AND LIMITATIONS OF THE STATE MANAGEMENT AUTHORITIES

AT ALL LEVELS

Section 1. For forest owners and exploitation units

Article 41. Handover of Exploitation Sites.

1. After receiving the notification of the exploitation plan, the forest owner has the right to choose the exploitation design unit and hand over the proposed compartments for exploitation to the exploitation design unit. Coordinate and guide the exploitation design unit during the implementation process. Check and confirm the documentation prepared by the exploitation design unit and transfer one set of approved exploitation documentation to the local forest rangers for supervision and bear responsibility before the Department of Agriculture and Rural Development.

2. After obtaining the exploitation permit, the forest owner has autonomy in organizing exploitation according to the forms prescribed in Clause 2, Article 19. Implement the handover of documentation and the exploitation forest area to the exploitation unit as stipulated in Clause 3, Article 19 both on documentation and on-site. Do not hand over the forest to units that sub-contract from the designated exploitation unit as provided in Clause 1, Article 44 of this regulation.

Article 42. Supervision During the Exploitation Process.

1. Based on the provisions of Clauses 4 and 5, Article 19, the forest owner is responsible for regularly monitoring and supervising to ensure that the exploitation does not exceed the permitted volume within the plot, monitor exploitation activities to promptly correct them during implementation, direct exploitation according to the approved exploitation design documentation; cut down the marked trees; follow the exploitation procedures and regulations; meet the volume and species of timber and forest products; comply with the exploitation deadline. Organize inspections at the end of each stage in the exploitation process such as forest preparation work (including clearing, road construction, storage areas...), felling techniques, stump height, cutting length, and wood utilization (after inspection, a record must be made for tracking).

2. If there are any changes, they must be reported promptly to the Department of Agriculture and Rural Development for resolution.

Article 43. Inspection of Forests After Exploitation

1. After completing exploitation in each Plot and Compartment, the forest owner and the exploitation unit conduct a site inspection, compare with the exploitation design documentation, exploitation contract, or assignment documentation to assess the implementation results and post-exploitation forest conditions according to the technical contents specified in Article 19 and the terms in the exploitation contract. At the same time, establish a record of forest return, organize the cutting of fallen trees during exploitation to utilize wood and carry out forest sanitation as stipulated in Clause 6, Article 19. Then report to the Department of Agriculture and Rural Development for inspection and issue a decision to close the forest.

2. Report to the higher-level management unit and the Department of Agriculture and Rural Development about the volume and implementation status accompanied by the inspection report.

3. After closing the exploited forest, the forest owner prepares the documentation and history of the forest area to incorporate it into the protection management system and implement forest measures to restore the post-exploitation forest as planned.

Article 44. Rights and duties of exploitation units.

1. Units permitted to exploit: The exploitation of natural forest timber and the utilization of natural forests must be carried out by organizations and units registered for the logging business in their business licenses, having sufficient workforce, machinery, and equipment to perform the steps specified in Article 19, and being assessed by the Department of Agriculture and Rural Development on the conditions required for such activities.

2. Rights of exploitation units:

a. Participate in bidding for standing trees.

b. Participate in bidding for exploitation.

c. Accept contracts under agreements.

d. Organize exploitation independently.

3. Duties of exploitation units:

a. Fully implement the provisions of Article 19, ensuring compliance with the procedures and regulations for exploitation, the specifications in the exploitation design, and the commitments in signed contracts with the forest owners.

b. Ensure that the correct number of felled trees is cut down, minimize the maximum breakage rate, and ensure the increased utilization rate of timber. Exploitation must be completed in each plot if the permitted production volume is reached but not all marked trees have been cut; exploitation must then be suspended and reported to the forest owner for inspection and handling according to point c Clause 5 Article 19.

c. When assigned exploitation tasks, they may not subcontract these tasks to other units.

Section 2. For management agencies at all levels

Article 45. For the Forest Management Agency.

1. Promptly guide government directives in the field of state management of forest exploitation.

2. Submit annual plans for timber and other forest product exploitation to the Minister.

3. Allocate annual exploitation volume targets for natural forest timber to provinces and cities.

4. Conduct reviews of exploitation design files and production and business plans for provinces and cities as stipulated in Articles 33 and 34.

5. Compile exploitation plans and submit them to the Ministry of Planning and Investment for formal allocation to localities.

6. Propose decisions by the Ministry to open forests for exploitation in all regions.

7. Inspect the implementation of exploitation procedures and management by localities and units.

8. Direct the development and approval of forest adjustment plans for forest owners.

9. Handle emerging issues during exploitation within the authority delegated by the Ministry.

Article 46. For People's Committees of Provinces and Central-South Cities

1. The Chairman of the People's Committee of the province or city is responsible for state management over each type of forest within the locality's territory. They direct county and commune-level authorities to fully perform comprehensive state management functions within their jurisdiction. Gradually address and aim to end deforestation in all forms.

2. Regularly inspect and supervise to promptly direct the Department of Agriculture and Rural Development, the Forest Inspection Sub-Department, and relevant departments to fulfill state management functions regarding forest exploitation, specifically:

a. Guide and direct the application of national and sectoral legal documents related to exploitation within the provincial territory.

b. Direct the Department of Agriculture and Rural Development to review forest owners' exploitation design files, compile exploitation files throughout the province, and issue exploitation permits to forest owners after receiving the Ministry of Agriculture and Rural Development's decision to open forests.

c. Direct relevant departments to implement regulations on forest exploitation management.

d. Direct inspections of county and commune-level authorities regarding their state management functions over forest exploitation within their jurisdictions.

Article 47. Regarding Departments of Agriculture and Rural Development.

1. Guide the implementation of directives issued by the Ministry of Agriculture and Rural Development and the People's Committee of the province in the field of state management of forest exploitation.

2. Based on the annual production targets for exploitation set by the Ministry of Agriculture and Rural Development, develop plans to allocate these targets to forest owners, submit them to the People's Committee of the province, and direct the design work of forest owners according to the provisions of this regulation.

3. Urge and inspect the design of exploitation, conduct forest assessment and approve exploitation design files for units within the province, and participate in reviewing the exploitation designs of units outside the province.

4. Summarize the provincial main exploitation plan and submit it to the People's Committee of the province for unified approval to request the Ministry of Agriculture and Rural Development to review the file and issue a decision allowing forest opening for exploitation.

5. Implement the issuance of logging permits and forest products permits to forest owners according to the authority stipulated in this regulation, and issue decisions to suspend exploitation activities of units that fail to comply with the provisions of Clause 3, Article 44 of this regulation for handling according to the law.

6. After completing the exploitation volume as specified in the issued permit or upon expiration of the exploitation period, organize the acceptance of exploitation and issue a decision to close the forest. Announce to the public the areas of forests opened for exploitation and closed after exploitation.

7. Manage and guide the use of marking trees according to the current regulations of the Ministry of Agriculture and Rural Development.

8. Coordinate with the Forest Inspection Agency to inspect and supervise the implementation of exploitation.

9. Develop costs for exploitation design, forest assessment, and supplementary marking tree installation during main exploitation, utilization, and harvesting, and submit them to the People's Committee of the province for decision, while directing the execution of the provincial decisions.

10. Approve and announce the system of logging sites for forest owners according to the provisions of this regulation.

 

Article 48. Regarding forest inspection organizations

1. Inspect and supervise the exploitation of forests by forest owners and exploitation units according to the law.

2. Timely detect violations of forest product exploitation regulations by organizations and individuals during forest exploitation and handle them according to current regulations.

3. Carry out forest inspection stamping at logging sites in accordance with Decision No. 69/2001/QĐ-BNN-KL, verify and confirm the wood history records of forest owners, and calculate allowable errors according to Clause 3, Article 15 of Decision 69 and Point e, Clause 1, Article 20 of this regulation as a basis for calculating resource taxes (if the products are from natural forests) and the circulation of forest products.

4. Only permitted to stamp forest inspection marks on logs, trunks, beams, and boxes that already have marking tree stamps and serial numbers matching those on the forest owner's wood history record; legally circulating timber must bear both marking tree and forest inspection stamps.

Section 3. Reporting System and Content

Article 49. Reporting System.

To obtain information on annual exploitation by units, all levels must report exploitation status according to the following system:

1. Provincial forest owners report to the Department of Agriculture and Rural Development and simultaneously send reports to the district where they are located.

2. Forest owners under companies or corporations not directly under the province report to their company or corporation and the Department of Agriculture and Rural Development, and simultaneously send reports to the district where they are located.

3. Forest owners under various sectors (Military, Public Security, Education...) report to their superior management agencies and the local Department of Agriculture and Rural Development.

4. Household exploitation is the responsibility of the People's Committee of the commune to compile and report to the Agricultural and Rural Development Office of the district. The Agricultural and Rural Development Office of the district compiles and reports to the People's Committee of the district and the Department of Agriculture and Rural Development. Reports to higher levels should be submitted within the last 15 days of the year.

5. The Department of Agriculture and Rural Development compiles and reports to the Ministry of Agriculture and Rural Development and the People's Committee of the province within the first 15 days of the following year.

5. The Department of Agriculture and Rural Development compiles and reports to the Ministry of Agriculture and Rural Development and the Provincial People's Committee within the first 15 days of the following year.

Article 50. Content of the Report

1. Area exploited according to objects and compared with the design dossier.

2. Quantity and types of products according to objects compared with the design dossier.

3. Evaluation of the implementation of regulations, procedures, and norms.

4. Violations, if any, and the forms of handling that have been applied.

5. Other issues (costs, selling prices, processing and consumption of products).

Chapter VI

IMPLEMENTING PROVISIONS

Article 51. This regulation applies to all forms of exploitation of natural forests, planted forests, harvesting timber, and exploiting forest products in production forests and protective forests.

This regulation shall take effect fifteen days from the date of publication in the Official Gazette of the Government and replaces the Timber Exploitation Regulation and Forest Products Regulation issued together with Decision No. 02/1999/QĐ-BNN-PTLN dated January 5, 1999, and supplements Clause 3, Article 15 of Decision No. 69/2001/QĐ-BNN-KL dated June 26, 2001 of the Ministry of Agriculture and Rural Development, Directive No. 03/LS-CNR dated February 8, 1994, and Directive 15/LSCNR dated July 19, 1989 of the Ministry of Forestry. All previous provisions contrary to this regulation are hereby abolished.

All organizations and individuals affecting forests for the purpose of exploiting timber and other forest products must comply with the provisions of this regulation. Any violation will be subject to administrative sanctions or criminal liability under current laws.