Circular No. 05/2008/TT-BNN guiding the preparation of plans for forest protection and development

CIRCULAR

GUIDELINES FOR THE DEVELOPMENT OF FOREST PROTECTION AND DEVELOPMENT PLANS AND PROGRAMS

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Forest Protection and Development Law dated December 3, 2004;
Pursuant to Decree No. 23/2006/NĐ-CP dated March 3, 2006 of the Government on the implementation of the Forest Protection and Development Law;
The Ministry of Agriculture and Rural Development guides the development of forest protection and development plans and programs at all levels as follows:

Part 1.

GENERAL PROVISIONS

1.1. Article 1 of Decree No. 09/2005/NĐ-CP dated January 27, 2005 on Administrative Sanctions for Violations in the Field of Inland Waterway Transport (hereinafter referred to as Decree No. 09) has specifically defined the scope of regulation of the Decree. Therefore, authorities authorized to impose administrative sanctions in the field of inland waterway transport (IWWT) may only impose sanctions on violations stipulated in Chapter II of Decree No. 09.

1. Scope of Application: This circular guides the procedures, formalities, contents for developing, reviewing, amending, and approving forest protection and development plans and programs at the provincial level (hereinafter referred to as province), district level (hereinafter referred to as district), and commune level (hereinafter referred to as commune).

2. Applicability of this circular includes:

People's Committees at all levels, state management agencies, organizations, households, and individuals related to the development, review, amendment, approval, and management of forest protection and development plans and programs.

II. DOCUMENTATION FOR FOREST PROTECTION AND DEVELOPMENT PLANS AND PROGRAMS

1. Documentation for forest protection and development plans includes:

1.1. Report on the forest protection and development plan;

1.2. Decision approving the forest protection and development plan by the competent authority;

1.3. Map system including:

- Current status map of forests (printed on paper and digital maps);

- Three types of forest planning maps (printed on paper and digital maps) (if not yet available).

Maps are built on the basis of the VN 2000 coordinate system with a scale of 1/100,000 for the provincial level; 1/50,000 for the district level; and 1/10,000 for the commune level.

1.4. Relevant documents during the process of developing, reviewing, passing through the People's Council, and submitting to the competent authority for examination and approval of the plan.

2. Documentation for forest protection and development programs includes:

- Forest protection and development program (including reports and tables);

- Decision approving the forest protection and development program by the competent authority;

- Relevant documents during the process of developing, reviewing, passing through the People's Council, and submitting to the competent authority for examination and approval of the program.

III. ANNOUNCEMENT AND STORAGE OF DOCUMENTATION FOR FOREST PROTECTION AND DEVELOPMENT PLANS AND PROGRAMS

1. Announcement of forest protection and development plans and programs.

1.1. Documentation for the announcement of forest protection and development plans and programs includes:

- Decision approving the forest protection and development plan and program;

- Report (or tables) on the forest protection and development plan and program;

- Types of accompanying planning maps.

1.2. The responsible agency, time, and form of announcement of forest protection and development plans and programs shall be implemented according to Article 14 of Decree No. 23/2006/NĐ-CP.

2. Storage of documentation for forest protection and development plans and programs.

2.1. Documentation for forest protection and development plans and programs at the provincial level shall be made into four (04) sets for storage at:

- Ministry of Agriculture and Rural Development (Forest Department): one (01) set;

- Provincial People's Committee: one (01) set;

- Provincial Department of Agriculture and Rural Development: two (02) sets, one (01) set at the Forestry Sub-Department and one (01) set at the Forest Inspection Sub-Department (for provinces with separate Forestry Sub-Departments and Forest Inspection Sub-Departments).

2.2. Documentation for forest protection and development plans and programs at the district level shall be made into three (03) sets for storage at:

- Provincial Department of Agriculture and Rural Development: one (01) set;

- District People's Committee: one (01) set;

- District Forest Inspection Office: one (01) set.

2.3. Documentation for forest protection and development plans and programs at the commune level shall be made into three (03) sets for storage at:

- District Forest Inspection Office: one (01) set;

- Commune People's Committee: one (01) set and one (01) set handed over to the local Forest Inspectorate.

IV. MANAGEMENT OF FOREST PROTECTION AND DEVELOPMENT PLANS AND PROGRAMS

Management of forest protection and development plans and programs shall be carried out according to the provisions stipulated in Article 18 of Decree No. 23/2006/NĐ-CP.

The forest protection and development program includes annual plans and five-year plans, specifying key indicators for each year. Five-year plans are established for periods where the first and last years end in 0 or 5.

Annual plans are developed from July to August of the previous year, while five-year plans are developed from June to July of the previous year of the five-year period according to the directives of the Planning and Investment sector.

Forest protection and development plans are established for a ten-year period; the development of forest protection and development plans is uniformly directed together with the development of national economic and social planning.

Part 2.

PROCEDURES AND CONTENTS FOR DEVELOPING AND APPROVING FOREST PROTECTION AND DEVELOPMENT PROGRAMS

I. COMMUNE LEVEL FOREST PROTECTION AND DEVELOPMENT PROGRAMS

1. Procedures

1.1. The Commune People's Committee organizes and directs the development of the local forest protection and development program; the local Forest Inspector and the commune forestry officer (if available) are responsible for leading and coordinating with relevant sector officers to implement the development of the commune's forest protection and development program.

1.2. The development of the forest protection and development program includes: summarizing the current status of forests and forestry land, the implementation of the previous forest protection and development program; determining forest protection and development targets for the upcoming planning period; proposing organizational measures to implement the program; establishing a system of program tables for forest protection and development. (The system of tables is guided in Part IV of the Appendix attached to this Circular).

1.3. Submission and approval of the program.

a) The Commune People's Committee submits the forest protection and development program to the Commune People's Council for approval.

The documentation submitted to the Commune People's Council includes all program tables and accompanying reports from the Commune People's Committee.

b) After being approved by the Commune People's Council, the Commune People's Committee issues a decision on the local forest protection and development program and organizes its implementation.

2. Content of the forest protection and development program

2.1. Statistics on the current status and implementation of the previous forest protection and development program, including:

- Statistics on the current status of forests and forest land according to forms 01/HT and 02/HT as guided in Section II, Part III of the Appendix attached to this Circular.

Example: The data for commune QL, district QT, province QB are compiled as follows:

Form 01/HT

CURRENT STATUS OF FOREST LAND USE IN COMMUNE QL

Form 02/HT

AREA OF FOREST LAND DISTRIBUTED BY MANAGEMENT AUTHORITIES IN COMMUNE QL

Unit of measurement: hectares

2.2 Determine the targets for forest protection and development plans over five years and annually for each type of special-use, protective, and production forests. All these targets shall be recorded in form 02/KH as guided in Section II, Part III of the Appendix attached to this Circular.

The method of determining the targets in the form is as follows:

a) Forest development, including:

- For special-use and protective forests:

+ Encirclement and nurturing for forest regeneration (including supplementary planting): The area for encirclement and nurturing of special-use and protective forests is the area of forest land planned for special-use and protective forests and mainly in status IB and IC.

To determine this target, it must be based on the planning of three types of forests, the current status of forests and forest land; An area of forest land in status IB or IC may need to be encircled and nurtured for several years before becoming a forest. The area for encirclement and supplementary planting when the regenerating trees do not meet the requirements to become special-use or protective forests.

Example for commune QL mentioned above:

* Special-use forests: Not needed because commune QL does not have a plan for special-use forests

* Protective forests: The area of vacant land planned for protective forests in status IC is 327 ha. This is the subject of encirclement and nurturing for protective forests; Therefore, the area for encirclement and nurturing of protective forests in commune QL is 327 ha. In commune QL, all 327 ha in status IC only need natural regeneration without supplementary planting.

+ Concentrated forest planting for protective forests mainly involves planting new forests on areas of vacant land in status IA and IB. With status IB, if it can naturally develop into a forest, then no planting will be carried out, but encirclement and nurturing will be implemented instead.

Planting special-use forests mainly involves planting plants in botanical gardens, planting forests for scientific research purposes; planting on vacant land is only carried out in special cases and approved by competent authorities.

Example for commune QL mentioned above: According to the current status of forest land in Table 1, commune QL does not have any area of forest land planned for protective or special-use forests in status IA and IB, so commune QL does not need to develop a plan for planting special-use and protective forests.

- For production forests:

+ Encirclement and nurturing (including supplementary planting): Only carried out on areas in status IC that ensure the density of regenerating trees for economic purposes and are effective or in cases where there is no capital available for more effective new planting.

Example: For commune QL mentioned above, according to Table 1, the planned area for production forests has 20 ha of land in status IC; however, in reality, these 20 ha are considered unsuitable for encirclement and nurturing due to non-compliance with economic tree species requirements and would be less effective than replanting if encirclement and nurturing were carried out.

+ Concentrated forest planting, including: planting new forests, replanting forests after harvesting (planted forests), and planting forests in the rehabilitation of degraded natural forests.

New planting of production forests: mainly on areas of vacant land in status IA and IB; With status IC, if encirclement and nurturing is not more effective than new planting, then new planting will be carried out.

Replanting forests after harvesting is planting on areas of planted forests that have reached their harvesting age (if clear-cutting) or areas that, although not yet at their harvesting age, are too degraded and need to be harvested and replanted with more effective forests;

Planting forests in the rehabilitation of degraded natural forests is planting on areas of natural forests designated as production forests, but identified as degraded and where new planting would be more effective;

Example for commune QL mentioned above:

Regarding the need for new planting: According to the data in Table 1, the planned area of vacant land for production forests is 195 ha, of which 175 ha is in status IB and 20 ha is in status IC; Since the 20 ha in status IC is unsuitable for encirclement and nurturing, the entire 195 ha is suitable for new planting.

Regarding the need for replanting after harvesting: According to the current status of planted forests, by 2008, 10 ha of acacia and eucalyptus forests will be harvested and replanted; Two years later, each year another 10 ha will be harvested and replanted.

Regarding natural production forests that are degraded, there is no such case in commune QL;

Therefore, the need for planting forests, in addition to replanting 10 ha annually (until 2010), requires planting 195 ha of new forests. However, due to investment capital constraints, commune QL has determined to plant only 115 ha of the required 195 ha of new forests; thus, along with replanting 30 ha of forests after harvesting, commune QL will plant 145 ha of forests over the next three years.

- Enrichment forestry is the area of forest land subjected to silvicultural activities aimed at accelerating the development of natural forests, primarily targeting poor forests and some areas with average volume but poor growth quality;

In the example of commune QL, there are very few of these types of forests, so commune QL did not include enrichment forestry in its plan;

- Scattered tree planting, calculated based on scattered tree planting and usually initiated annually by the commune;

(To determine these targets, in addition to basing on the land fund, it is necessary to base on investment capital capacity and people's needs);

Simultaneously with determining the forest planting plan, it is necessary to determine the demand for seedlings for planting, by species and local supply capacity.

b) Timber harvesting and forest products, including:

- Exploitation of primary natural forest timber is determined based on the area of production forests that are rich and have reached the exploitation period as prescribed; for forestry farms and companies, the main exploitation is determined through the forest management plan;

- Exploitation of planted forest timber: Based on the age of the planted forest and market demand to determine the area and volume of exploitation. The exploitation of forest products in the forest must be based on the protective weakness level of the production forest carried out according to the guidelines at Clause 8, Section II of Circular No. 99/2006/TT-BNN, dated November 6, 2006, of the Ministry of Agriculture and Rural Development guiding the implementation of certain Articles of the Forest Management Regulation issued together with Decision No. 186/2006/QĐ-TTg, dated August 14, 2006, of the Prime Minister.

- Exploitation of residual timber (if any) shall be carried out in accordance with the current regulations of the State. For the area of natural production forests allocated to households or village communities, exploitation may be carried out based on low-impact harvesting to meet essential needs of the people; The volume of exploitation in this case is determined based on the needs of the people and the total annual exploitation volume does not exceed the growth rate of the forest.

- Thinning exploitation: The object is planted forests being nurtured to become mature forests.

- Bamboo and rattan: Based on the current status of the forest and age to determine specific volumes;

- Sandalwood and other non-timber forest products, medicinal plants (if any) are determined based on normal annual exploitation volume. For those forest products that have been depleted in the locality, reduce the exploitation volume immediately until the forest recovers...

- Pine resin: Determined based on normal annual exploitation volume in both production forests and protective forests (if permitted to exploit).

Example of commune QL mentioned above: According to the basic data of the commune, the determination of natural forest exploitation is not present; planted forest exploitation is determined as Acacia and Eucalyptus plantations aged eight years and over: 10 hectares (in 2008). Thinning exploitation of pine resin trees aged eight years and over up to twelve years is carried out annually. The exploitation volume is calculated based on the average stock of planted forests already stated in the current status section, which is 50 m³- Broadleaf deciduous timber forests: the number of regenerating target trees with a height of 1 meter or more is less than 700 trees/ha, unevenly distributed (for resprouting from a single mother plant with multiple sprouts, only the best sprout is counted) over the plot area; the total wood volume of all trees with a diameter at breast height of 8 centimeters or more is less than 40 m

c) Forest protection (natural forests, planted forests):

Is determined as the entire existing forest area and the area of encircled regeneration, plus the newly planted forest area, minus the area of clear-cutting of planted forests or impoverished forests that have been improved in the year.

Example of commune QL: According to the current forest status data of the commune mentioned above. We determine the area to be protected is 2770 hectares (including 2443 hectares of existing forests and 327 hectares of encircled areas) for the years 2006 and 2007. In 2008, the total area to be protected is 2770 hectares of the end of 2007, plus the new planting area in 2008 of 45 hectares, minus the area of planted forest exploitation in 2008 of 10 hectares, so the area to be protected in 2008 is 2805 hectares. Plan for 2010, the protection area of 2008 plus the new planting area (in 2009 and 2010) of 100 hectares, minus the clear-cutting area in two years of 20 hectares, the protected forest area will be 2885 hectares.

d) Construction of forestry infrastructure: The determination of the need to build infrastructure projects (forestry roads, fire prevention and forest protection facilities, facilities serving forest management and other forestry activities...) is based on the specific conditions and circumstances of the locality and the base. Forestry infrastructure may be determined for each type of forest (special-use forests, protective forests, production forests), for each forest owner or each source of investment. Investment in forestry infrastructure each year and each period may be new construction, major repair, minor repair during the year...

All planning indicators are compiled into Table 01/KH as guided in the appendix attached to this Circular.

An example for commune QL mentioned above is shown in the following Table 01:

Table 01/KH

PLAN FOR FOREST PROTECTION AND DEVELOPMENT OF COMMUNE QL

d) Determination of investment capital needs and forest protection costs:

Total investment for forestry activities and forest protection costs are calculated for activities such as planting forests, encircled regeneration of forests, enriching forests, thinning forests, and protecting forests. Logging costs are accounted for and directly allocated to product cost, so they are not included in this investment cost.

The allocation and determination of investment sources are implemented based on the current regulations of the State, including: investment for developing production forests is the responsibility of the forest owners, the State may provide some support policies for forest owners according to specific regulations; investment for conservation and development of special-purpose forests and protective forests owned by the State is mainly the responsibility of the State; the State supports part of the investment costs for the protection and development of special-purpose forests and protective forests of other economic sectors. Forest protection is a common responsibility of the whole society, of forest owners, the State only invests and supports contracted forest protection for some areas of special-purpose forests and protective forests that the State directly manages and are at high risk of damage. State investment is carried out according to approved investment programs and projects.

Example: For the commune QL mentioned above, the investment capital needs and forest protection costs for 2008 are determined as follows:

First-year planting and caring for production forests: 45 ha x 4 million VND/ha = 180 million VND.

Encircled regeneration of forests: 327 ha x 100,000 VND/ha = 32.7 million VND.

The cost for protecting the forest (excluding new planted forests and areas for regeneration: 2433 ha x 100,000 VND/ha = 243.3 million VND).

Other infrastructure was not constructed in 2008.

The total investment and protection cost for the forest is: 455 million VND.

Since commune QL does not fall within project 661 of the district, in 2008, mainly the communities and people in the commune will self-invest (families may borrow from banks according to regulations).

If commune QL were within project 661, it could have requested state investment in 2008 for the following items:

- Regeneration of protective forest: 327 ha = 32.7 million VND;

- Support for contracted forest protection: 1000 ha = 100 million VND;

- Support for planting new production forests and first-year care: 35 ha x 2 million VND/ha = 70 million VND;

- In subsequent years, it may request state support for building other infrastructure: 300 million VND

+ Forest roads: 4 km x 50 million VND/km = 200 million VND

+ Guard posts: 4 posts x 12.5 million VND/post = 50 million VND

+ Firebreak roads: 5 km x 10 million VND/km = 50 million VND

The locality requests state investment or support. However, the State will accept specific levels of support based on its ability to balance resources.

Table 02/KH

PROJECTED PLAN FOR INVESTMENT FUNDS TO PROTECT AND DEVELOP FORESTS IN COMMUNE QL

Actual price ..., Million VND

2.3. Determine main implementation solutions for the plan to protect and develop forests such as forest management organization; forest protection; utilization and development of forests;

Examples from commune QL may include the following solutions:

- Completing the allocation of forests and forestry land to households, village communities, and military forces; striving to complete the allocation by 2010:

+ For protective forests: currently allocated to the county military unit: 800 ha; planned to allocate 632 ha (county protective forest management board: 173 ha; village communities within the commune: 459 ha).

+ For production forests: allocating to households and individuals: 679 ha; village communities: 120 ha; county military unit: 50 ha; and Quang Trach Forestry Station: 357 ha.

- Organizing forest management, protection, utilization, and development:

+ Maintaining and strengthening the dedicated forest protection team of the commune with patrol schedules to promptly detect and prevent threats to the forest;

+ Establishing village regulations on forest protection and development so that the community clearly understands their responsibilities and benefits when participating in communal forest protection and development in both the short and long term ...

- Developing and implementing plans to train and enhance the capacity and qualifications of commune forestry staff. Emphasizing training and technical guidance activities for forest cultivation and promotion among the people ...

- Using high-quality seeds for afforestation such as hybrid acacia, high-yield eucalyptus, and intensive plantation.

- Mobilizing all available resources from the people for forest protection, utilization, and development investments; providing information and supporting people to find markets for product sales.

2.4. Military units, special-use forest management boards, and economic organizations operating in the commune, in addition to developing plans according to the above content, should also build additional related contents based on their objectives and tasks, such as processing, combined agricultural and forestry production ..., and report to the commune People's Committee for consolidation.

II. DISTRICT LEVEL PLAN FOR FOREST PROTECTION AND DEVELOPMENT

1. Procedures

1.1. The District People's Committee organizes and directs the establishment of the local forest protection and development plan; the Forest Inspection Office is responsible for leading and coordinating with relevant departments to implement the district's forest protection and development plan.

1.2. The basis for developing the plan includes: the current status of forests and forestry land in the district, the implementation situation of the previous planning period, reports on the forest protection and development plans of communes and forest owners in the district, and provincial-level guidance for the district's plan (if applicable).

The district-level forest protection and development plan includes indicators on volume and investment capital, implementation measures, and effectiveness in attracting labor, environmental impact ...

1.3. Submission and approval.

a) The District People's Committee submits the plan file to the same-level People's Council for approval of the forest protection and development plan along with the overall socio-economic development plan of the district. The file includes:

- A proposal to the same-level People's Council for approval of the forest protection and development plan, if the District People's Committee only submits the forest protection and development plan without simultaneously submitting the overall socio-economic development plan of the district (following model number 04/TTKH attached to this Circular);

- Report and system of tables on the forest protection and development plan.

b) After being approved by the same-level People's Council, the District People's Committee issues a decision on the local forest protection and development plan and organizes its implementation.

2. Content

The district is responsible for building the plan while consolidating indicators from communes and basic forestry units within the district; the content of the district-level forest protection and development plan includes comprehensive indicators across the entire area and detailed indicators for each commune and forestry unit within the district. Specific content is as follows:

2.1. Analyze and assess the current status of forests and forestry land in the district, including the implementation of the previous forest protection and development plan, comprising:

- Description of the current status of forests and forestry land, highlighting recent changes in forests and forestry land, potential for forest development and timber harvesting and processing.

- Evaluation of the results of the previous plan's indicators for forest protection, development, and utilization. Analysis of achievements in forest protection and development, causes of shortcomings and weaknesses in implementing the forest protection and development plan.

2.2. Analyze and determine the indicators for the forest protection and development plan for the upcoming planning period.

The annual plan is specifically determined for each unit and is balanced in detail, particularly regarding investment capacity and specific land area for forestry activities.

The five-year plan clearly specifies the annual progress for each type of special-use forest, protective forest, and production forest, and may be specified down to villages, forestry units within the district's jurisdiction.

All these indicators are determined and compiled into tables as guided in Section II, Part III of the Circular's Appendix.

The system of forest protection and development planning indicators at the district level includes:

- Protecting existing forests according to three types of forests: special-use, protective, and production, wherein the area of forest protected by forest owners and local communities is identified, as well as the area of forest supported by the State for protection. In the five-year plan, the forest protection plan is specifically determined for each year.

- Encircling and nurturing natural regeneration of forests:

+ Encircling and nurturing without additional planting according to three types of forests: special-use, protective, and production;

+ Encircling and nurturing with additional planting according to three types of forests: special-use, protective, and production;

- Planting forests according to three types of forests: special-use, protective, and production; specifying new plantations, replanting after harvesting, and planting in the improvement of poor natural production forests.

- Determining the total demand for seedlings for planting each type of forest in the locality and the supply capacity locally;

- Improving production forests.

- Harvesting forests, including mainly harvesting production forests (natural and planted), utilizing production forests and protective forests. In harvesting, there is:

+ Logging, including firewood, paper raw material from wood ...

+ Non-timber forest product harvesting: bamboo, rattan, pine resin, medicinal herbs ...

- Building infrastructure: logging roads, firebreak roads, forest protection facilities, forest fire prevention and control facilities, nurseries for forest tree seedlings ...

In addition to the forest protection and development indicators at the commune level, the district further specifies indicators on land allocation and forest allocation, afforestation promotion, and indicators of forest protection and development projects in the district such as Project 661 (allocated to each commune base and forestry units under district management), detailing the investment plan from the state budget, credit lending plans for forest protection and development ...

The determination of the planning indicators at the district level primarily relies on the current status of forests and the actual situation of the locality. However, for planning indicators related to state investment resources, they must also rely on resource allocation indicators or planning indicators (inspection numbers) at the provincial level.

2.3. Determining main implementation measures for the forest protection and development plan include:

- Organizational solutions; land and forest allocation;

- Technology transfer;

- Training human resources;

- Capital mobilization;

- Infrastructure construction ...

2.4. Drafting the report and the system of planning tables for forest protection and development. Implementation follows Model 02/BCKH and the tables as directed in Part IV of the Appendix attached to this Circular.

III. PROVINCIAL FOREST PROTECTION AND DEVELOPMENT PLAN

1. Procedures

1.1. The Department of Agriculture and Rural Development is the direct authority responsible for coordinating with relevant departments and agencies to implement the construction and consolidation of forest protection and development plans of districts and subordinate forest management units under provincial management.

1.2. The basis for constructing the plan is: the current status of forests and forest land in the province, the implementation of the previous forest protection and development plan period, reports on the forest protection and development plans of districts and forest managers in the province, forest protection and development programs and projects in the locality, forecasts of timber needs, environmental conditions, future forest protection and development situations, Party resolutions and provincial planning orientations (if applicable).

The provincial forest protection and development plan includes indicators on volume and investment capital, implementation measures, and effectiveness in attracting labor, environmental benefits ...

1.3. Submission and approval.

a) The People's Committee of the province submits the provincial forest protection and development plan to the Provincial People's Council for approval (If it coincides with the time of reporting the overall socio-economic plan of the province, the forest protection and development plan will be submitted simultaneously and integrated into the socio-economic plan of the locality). The dossier includes:

- A submission to the Provincial People's Council (according to model number 04/TTKH of the Appendix attached to this Circular);

- A summary report and system of planning tables for forest protection and development.

b) After the provincial forest protection and development plan has been approved by the Provincial People's Council, the People's Committee of the province decides on the forest protection and development plan and directs its implementation.

The annual planning indicator system of the provincial forest protection and development plan is detailed for each district and large forest managers (special-use forest management boards, protective forest management boards, forest farms, forestry companies under provincial management); The five-year plan is detailed to each year and each district in the province.

2. Content

2.1. Analyzing and evaluating the implementation of the previous forest protection and development plan period includes:

- Evaluating the results of implementing the forest protection and development plan indicators of the previous period, including for each type of special-use, protective, and production forests, which includes:

+ Area of forest protected (including state-contracted forest protection areas, forest areas protected by local budgets, and self-protected forest areas by forest owners)

+ Area of planted forest (including: new planting of three types of forests, replanting production forests after harvesting, replanting in the improvement of poor natural production forests);

+ Encircling and nurturing forests, including encircling and nurturing with additional planting (of three types of forests);

+ Enriching forests;

+ Harvesting forests (natural and planted), including: main harvesting, utilization harvesting, post-harvesting non-timber forest products;

+ Scattered tree planting ...

+ Land and forest allocation ...

- Current status of forests and forest land throughout the province; Analyzing changes in land use, forest dynamics over the past period, and forecasting potential changes in forest land use in the future.

- Analyze and evaluate economic and social information related to forest protection and development for the upcoming planning period, forecast development and growth rates in forest protection and development activities; calculate the balance between supply and demand for forest products; about import and export of forest products; balance capital investment needs, materials, tree seedlings...

Existing weaknesses and causes in implementing the forest protection and development plan.

2.2. Determine the targets of the forest protection and development plan for the five-year planning period and clearly specify the annual progress for each type of special-use forest, protective forest, and production forest, including:

a) Forest protection (including the direct responsibility of the State in protecting forests and the State's assignment of forest protection contracts for protective and special-use forests);

b) Timber and non-timber forest products:

- Wood (natural forests, planted forests), including main harvesting, utilization, post-harvest recovery of forest products, and others; providing raw materials for industry; paper, mine pillars, artificial boards, household wood...

- Bamboo, reed;

- Pine resin;

- Wicker;

- Medicinal herbs...;

c) Forest development:

- Encirclement and promotion of natural regeneration of forests (including supplementary planting), for each type of special-use and protective forests;

- Concentrated afforestation (including new planting of three types of forests, replanting production forests after harvesting, replanting in the renovation of depleted natural production forests);

- Enrichment of forests;

- Scattered planting of trees.

- Determine the total demand for seedlings for afforestation and scattered planting in the area and the local supply capacity.

- Construct forestry infrastructure: Total demand for constructing forestry infrastructure such as forest roads, fire prevention facilities, seedling forests, nurseries, tree seedling nurseries.

d) Land allocation and forest allocation

2.3. Develop implementation solutions:

- Organizational solutions;

- Implementation of tasks and plans for forest protection and development;

- Project investment estimates by year, by source of funds, and funding mobilization solutions;

- Science and technology, human resource training;

- Infrastructure construction.

2.4. Draft reports and tables for the forest protection and development plan. The content is implemented according to Model 02/BCKH and the tables guided in Part III of the Appendix attached to this Circular.

Part 3.

PROCEDURE, CONTENTS OF FOREST PROTECTION AND DEVELOPMENT PLAN FORMULATION, REVIEW, AND APPROVAL

I. COMMUNE LEVEL FOREST PROTECTION AND DEVELOPMENT PLAN

1. Procedures

1.1. Organization of the formulation of the forest protection and development plan

At least six months before the start of a new planning period, the People's Committee of the commune organizes the formulation of the local forest protection and development plan; the Chairman of the People's Committee has the responsibility to direct relevant departments and forest rangers to collaborate with land management officers to implement the plan formulation.

1.2. Investigation and collection of information

a) Collection of information:

- Current status documents and maps of forests and the three types of forest planning at the time of planning;

- Implementation situation of the previous planning and development plan;

- Investment project documents and forest management plans of managers (if any)...;

- Results of land use planning of the locality;

- General economic and social conditions of the locality;

b) Information requirements:

- The investigation and collection of current forest and forestry land status should not exceed two (02) years prior;

- The statistical unit for data serving the formulation of the forest protection and development plan is large forest managers in the commune, or by village if it is family-owned forests;

1.3. Synthesize information and draft the planning report for forest protection and development.

1.4. Review and approval: carried out in accordance with Clause 1, Article 18 of the Law on Forest Protection and Development and Article 13 of Decree No. 23/2006/NĐ-CP dated March 3, 2006 of the Government on the implementation of the Law on Forest Protection and Development.

2. Content

2.1. Statistics on the current status of forests and forestry land according to the tables presented in Point 2.1, Clause 2, Section I, Part II of this Circular.

2.2. Proposals for adjusting forest and forestry land planning (if any):

2.3. Forecast of the status of forests and forestry land at the end of the planning period: changes in area and distribution of forest states during the planning period according to protective, special-use, and production forests to the forest owners. Summarized according to Table 01/QH, Table 02/QH specified in Section II, Part II of the Appendix attached to this Circular.

2.4. Determine the direction, goals, and tasks of forest protection, development, and use during the planning period: based on the forest protection and development plan, economic and social development orientation, and the current forest resources situation of the commune to determine some key targets and tasks for forest protection and development during the planning period: forest protection; concentrated afforestation; construction of forestry infrastructure; timber harvesting; non-timber forest product harvesting...

The targets and main contents of the forest protection and development plan are also the targets of the forest protection and development plan presented in Part I of this Circular.

For example, based on the current status of Commune QL, we can determine the main tasks in the 2011-2020 planning period as follows:

- Protect all existing forest areas.

- Total afforestation area during the planning period is 750 hectares, including new planting of 80 hectares and replanting: 670 hectares.

- Scatter planting 0.1 million trees/year.

- Non-timber forest product production by 2020: produce 3500 cubic meters/year; 5000 cubic meters/year of firewood.³ - Non-timber forest products reach a value of 1600 million VND/year (pine resin: 1.4 billion VND and other forest products 160 million VND).

2.5. Determine the main technical measures, implementation schedules, and funding mobilization measures for the protection, development of special-use, protective, and production forests, including:

a) Forest protection (natural forests, planted forests) in the first and last years of the period (note that this area fluctuates annually due to harvesting, new planting reducing or increasing the area).

For example, for Commune QL, based on the above data, we can determine the protected areas for different types of forests as follows:

- Objectives: All existing natural and production forests.

- Volume: In the initial period, there are 2443 hectares of existing forests; at the end of the period, it is the area of existing forests minus harvested forests plus newly planted forests, totaling 2965 hectares.

- Khối lượng: Đầu kỳ là 2443 ha rừng hiện có; cuối kỳ là diện tích rừng hiện có trừ đi diện tích rừng khai thác, cộng với diện tích rừng trồng mới là 2965 ha.

b) Forest exploitation

- Objectives and volume of natural forest exploitation (main exploitation, utilization exploitation); first year, last year, and average throughout the planning period; forest products exploitation according to the degree of urgency for protective purposes carried out in accordance with Clause 8, Section II of Circular No. 99/2006/TT-BNN dated November 6, 2006 of the Ministry of Agriculture and Rural Development on the implementation of certain Articles of the Forest Management Regulation issued together with Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of the Prime Minister.

- Objectives and volume of planted forest exploitation; first year, last year, and average throughout the planning period.

Example for commune QL: based on the current forest status, the determination of exploitation is carried out as follows:

* Exploitation of timber from production forests

- Objectives: Planted forests (eight years and older; thinning of pine resin forests).

- Exploitation method: For planted forests, clear-cutting by patches or strips if the level of protective urgency is high, clear-cutting when the level of protective urgency is low. For thinning of pine resin forests, cut down the defective trees.

- Volume: 39,800 m³; of which exploitation from eucalyptus and acacia plantations is 700 ha corresponding to 35,000 m³, thinning of pine resin forests is 320 ha corresponding to 4,800 m³.³* Exploitation of non-timber forest products³+ Objectives: Main exploitation of pine resin forests aged 15 years and older; thinning of areas aged 10 to under 15 years.³.

+ Volume: 2,958 tons, of which main exploitation during the 2011-2015 period is 120 ha; after 2015, main exploitation is 165 ha.

- Pine resin

- Cotton seeds

+ Objectives: Natural cotton forests.

+ Volume: 390 tons

+ Other forest products: 26 tons

- Progress of non-timber forest product exploitation.

c) Forest development: determine the contents of encirclement and regeneration, concentrated new planting for each type of forest: protective, special-use, production.

Example for the above commune QL:

- Protective forest unit: Encirclement and natural regeneration of forests: 327 ha in state IC (from 2008 to 2012), in the later stage, it is a forest that needs protection.

- Production forest unit:

+ Concentrated planting:

New planting (end of the 2011-2015 period): 80 ha, of which state IB: 60 ha plus state IC: 20 ha; Average 15 ha/year.

Replanting after exploitation: 670 ha.

- Scattered planting: planned at 0.1 million trees annually along rural roads, schools, inter-village, inter-commune routes.

d) Other activities (if any)

- Infrastructure construction: determine the volume, investment capital for new construction or repair of forest roads, fire prevention systems, nurseries ...

2.6. Determine the implementation measures for the forest protection and development plan according to the main contents:

- Forest protection;

- Forest development;

- Forest exploitation and use;

- Capital ...

2.7. Aggregate capital investment requirements according to sources of capital, by investment phase (at current market prices) and capital mobilization solutions:

- Seeds;

Example of capital estimation for the above commune QL as follows:

* Forest protection: 2,500 ha (average annually) x 100,000 VND/ha x 10 years = 2,500.0 million VND

* Planting forests: 750 ha x 10 million VND/ha = 7,500.0 million VND.

* Basic construction:

- Forest roads: 13 km x 50 million VND/km = 650.0 million VND.

- Guard posts: 3 units x 25 million VND/unit = 75.0 million VND.

- Firebreaks: 12 km x 10 million VND/km = 120.0 million VND

2.8. Draft the report on the forest protection and development plan for the commune according to Model 01B/BCQH and the tables specified in Part II of the Appendix attached to this Circular.

2.9. Collect and print maps (if necessary), including two types: Current forest status maps and planning maps for three types of forests in the locality.

II. PROVINCE LEVEL FOREST PROTECTION AND DEVELOPMENT PLAN

Six months before the start of a new planning period, the People's Committee of the district organizes the preparation of the local forest protection and development plan; the District Forest Protection Department is the leading agency coordinating with relevant departments to implement the forest protection and development plan.

1.2. Conduct surveys and collect information as stipulated in Point 1.2, Clause 1, Section I, Part of this document.

1. Procedures

1.1. Organization of the formulation of the forest protection and development plan

1.3. Aggregate information and draft the forest protection and development plan dossier: as stipulated in Point 1.3, Clause 1, Section I, Part of this document.

1.4. Complete and submit the provincial forest protection and development plan for approval

a) The People's Committee of the district organizes the collection of opinions from relevant departments and People's Committees of related communes (if necessary); forest management boards for protective and special-purpose forests, forestry enterprises in the area to complete the report on the local forest protection and development plan;

b) Review and approve: carried out in accordance with Clause 1, Article 18 of the Law on Forest Protection and Development and Article 13 of Decree No. 23/2006/NĐ-CP dated March 3, 2006 of the Government on implementing the Law on Forest Protection and Development.

2.1. Summarize the current status of forests and land use.

2.2. Propose adjustments to the forest and forest land planning, forecast changes in area and distribution of forest states within the planning period according to protective, special-purpose, and production forests.

2. Content

2.3. Determine the direction, goals, tasks of forest protection, development, and use during the planning period: based on the forest protection and development plan, economic and social development orientation, and the situation of forest resources in the locality to determine key indicators: forest protection; concentrated new planting; timber exploitation; non-timber forest product exploitation ...

2.4. Determine the main technical measures, progress, and capital investment for the protection and development of special-purpose, protective, and production forests, including:

a) Forest protection (natural forests, planted forests) in the first and last years of the planning period, including: protection of existing special-purpose, protective, and production forests, noting that this area fluctuates annually due to exploitation, new planting reducing or increasing;

- Objectives and volume of natural forest exploitation (main exploitation, utilization exploitation); first year, last year, and average throughout the planning period;

- Objectives and volume of planted forest exploitation; first year, last year, and average throughout the planning period;

b) Forest exploitation

c) Forest development: determine the contents of encirclement and regeneration, concentrated new planting for each type of forest: protective, special-purpose, production;

d) Other activities (if any): Infrastructure construction: determine the volume and capital investment for forest roads, fire prevention systems, nurseries ...

Example for the above commune QL:

c) Phát triển rừng: xác định các nội dung khoanh nuôi tái sinh, trồng rừng mới tập trung, cho từng loại rừng: phòng hộ, đặc dụng, sản xuất;

d) Các hoạt động khác (nếu có): Xây dựng hạ tầng cơ sở: xác định khối lượng, vốn đầu tư đường lâm nghiệp, hệ thống phòng chống lửa rừng, vườn ươm ..;

2.5. Determine the solutions to implement the forest protection and development plan according to the main contents:

- Forest exploitation and use;

- Capital ...

2.7. Aggregate capital investment requirements according to sources of capital, by investment phase (at current market prices) and capital mobilization solutions:

- Seeds;

Example of capital estimation for the above commune QL as follows:

2.6. Aggregate capital investment needs according to sources of funds, investment phases, and capital mobilization solutions: estimated at current market prices.

2.7. Identify the priority projects that need key investment (if any), including the purpose of the project, expected scale of investment, and implementation time.

III. PROVINCIAL FOREST PROTECTION AND DEVELOPMENT PLAN

1. Procedures

1.1. Organization of the formulation of the forest protection and development plan

- One year before the start of a new planning period, the Provincial People's Committee shall direct the preparation of the provincial forest protection and development plan;

- The Department of Agriculture and Rural Development (directly the Forest Protection Service; Planning Division or Forestry Division of the Department of Agriculture and Rural Development where there is no Forest Protection Service) shall be the leading agency coordinating with relevant departments and agencies to assist the Provincial People's Committee in implementing the construction of the forest protection and development plan;

- In cases requiring consultancy support during the preparation of the provincial forest protection and development plan, the Department of Agriculture and Rural Development shall select consulting units with sufficient capacity in forest protection and development planning.

1.2. Investigation and collection of information

a) Information to be collected:

- Regarding documents:

+ Data and documents on the three types of forest planning at the time of preparing the forest protection and development plan; annual monitoring results of forest resources; planning and land use plans for forestry approved by competent authorities.

+ Implementation status of the previous forest protection and development plan and program;

+ Annual statistical yearbooks;

+ Results of surveys and information on climate, hydrology, etc.;

+ Relevant laws, policies, central and local documents related to forestry;

+ Comprehensive economic and social development planning reports; investment projects and forest management plans of managers;

+ Planning reports of other related sectors (Land, Transportation, Hydropower, Water Resources, etc.);

- Regarding maps: Current forest maps, maps of the three types of forest planning, and land use planning maps.

b) Information requirements:

- Survey and collection times should not exceed two (02) years ago for natural conditions and forest resource information and not more than one (01) year for socio-economic conditions;

- The unit responsible for collecting data for the provincial forest protection and development plan is the district and forest management entities.

c) The current status of forests and forest land mainly uses statistical data from forest inventories and land inventories based on current forest maps, and if necessary, additional surveys will be conducted. Additional survey methods follow the Forest Business Design Standards (QPN 6-84) issued with Decision No. 682/QĐ-KT dated August 1, 1984, by the Ministry of Forestry (now the Ministry of Agriculture and Rural Development), focusing on identifying vacant lands suitable for afforestation and degraded natural production forests needing improvement.

1.3. Analyze, synthesize information, and draft the planning documentation for forest protection and development.

1.4. Finalize and submit for approval.

a) The Department of Agriculture and Rural Development is responsible for organizing feedback from relevant departments and district people's committees (if necessary); forest management boards, forest enterprises, and forestry production companies, and supplementing and perfecting the forest protection and development planning report.

b) Review and approve: carried out in accordance with Clause 1, Article 18 of the Law on Forest Protection and Development and Clause 2, Article 12 of Decree No. 23/2006/NĐ-CP dated March 3, 2006, of the Government on the implementation of the Law on Forest Protection and Development.

2. Content

2.1. Summarize the situation regarding natural conditions, socio-economic conditions, national defense and security, land use planning, and current forest resource status.

2.2. Evaluate the implementation of the previous forest protection and development plan:

- Summarize the current organizational production situation, main production activity results, investment, science and technology, labor, etc.; existing weaknesses and causes;

- Forecast demand for forest products and market consumption; demand for environmental services; forecast scientific and technological progress in forestry;

2.3. Analyze, synthesize information, and draft the planning documentation for forest protection and development

a) Analyze and synthesize information:

- Characteristics of forest resources and forest land, current status and changes in forest resources; advantages and difficulties for forest protection and development;

- General socio-economic development situation of the province. Management, protection, development, and utilization of forests; employment resolution; application of scientific and technological progress, investment, and international cooperation (if any); comments on existing weaknesses, causes;

- Forecast factors affecting forest protection and development such as environmental forecasts, population growth, internal and export demand for forest products, and forecasts of scientific and technological progress in forestry;

- Determine directions, goals, and tasks for forest protection and development; based on the national forestry development strategy and specific contents on the provincial territory;

+ Direction of forestry development: Based on the Vietnam Forestry Development Strategy for 2006-2020, socio-economic development orientation of the province, and the analysis and synthesis of information above to determine the direction of forestry development of the province. Specifically, determine the direction of development for each type (protected forest, special-use forest, and production forest); direction on management, protection, development, utilization, and processing of forest products;

+ Environmental, economic, social, and national defense and security goals;

+ For each goal, determine specific tasks that must be implemented to achieve the goal; these tasks must be expressed through quantitative production indicators for forest protection, planting, harvesting, processing of forest products, etc.

||| - Evaluate solutions regarding mechanisms and policies in forest management, protection, and development areas (land policies, credit, investment, financial resource mobilization, production and business system innovation, rights and obligations of forest workers...) and propose appropriate solutions;

||| - Propose priority projects to concretize three (03) Programs for Forest Development and two (02) Support Programs in the National Forestry Development Strategy at the local level;

||| - Develop implementation schedules for planning contents and organize information dissemination, monitoring mechanisms for plan implementation;

||| b) Draft the report on the forest protection and development planning. The implementation content follows Model 01A/BCQH and the table guided in Part I of the Appendix attached to this Circular;

||| c) Prepare maps of planning for three types of forests (if not yet available), maps of developing three types of forests until the end of the planning period;

||| In addition to topographic factors, the map must include the following contents:

||| - Administrative boundaries of districts, communes, and forest sub-districts;

||| - Planning boundaries for three types of forests: special-use, protective, productive;

||| - Current boundaries of forest lots and forest land;

||| - Boundaries and locations of management agencies for special-use forests, protective forests, productive forest areas, forestry enterprises, armed forces... (forest owners with a minimum managed area of 50 hectares or more);

||| 2.4. Adjustments to forest land planning and replanning of three types of forests (if applicable); consolidate the area of various types of forests and forest land for protective purposes, special-use forests, and productive forests down to each district and forest owner;

||| 2.5. Directions, goals, tasks for forest protection, development, and utilization during the planning period;

||| 2.6. Determine volume (down to the district and forest owner); main technical measures, implementation schedule, and investment capital for special-use, protective, and productive forests according to categories:

||| a) Forest protection (natural forests, planted forests) – First year and last year of the initial period;

||| b) Forest development:

||| - Encirclement and nurturing for forest regeneration (including supplementary planting);

||| - Concentrated forest planting (new planting of three types of forests, replanting productive forests after harvesting, planting in natural forest rehabilitation that becomes productive forests);

- Enrichment of forests;

- Scattered planting of trees.

||| c) Forest exploitation:

||| - Objectives and yield of natural forest exploitation (main exploitation, utilization exploitation) in the first year, last year, and average throughout the planning period;

- Objectives and volume of planted forest exploitation; first year, last year, and average throughout the planning period.

||| d) Wood processing and forest products:

||| - Planning raw material regions and exploitation volumes for different processing forms - first year and last year of the planning period;

||| - Anticipate the development capacity of processing annually within the planning period;

||| đ) Other activities

||| - Infrastructure construction: determine quantities, investment capital for forest roads, fire prevention systems...; determine locations, scale areas, and tasks of seedling forests, nurseries, seedling gardens...

||| - Forest environmental services: Ecotourism, resort, water retention, protection of hydroelectric dams... (if applicable);

||| 2.7. Determine implementation solutions for forest protection and development planning;

||| - Solutions regarding mechanisms, policies, science and technology, especially technical forest management solutions, intensive forest plantation, enriching forests; education and training; forestry promotion... and propose implementation options;

||| - Aggregate investment capital needs according to sources of funding, stages, and solutions for capital mobilization;

||| - Identify the list of priority projects requiring key investment, including project objectives, planned investment scale, implementation timeframes;

||| - Identify responsibilities of relevant departments and agencies in implementing the planning and monitoring, evaluation mechanisms for implementation results;

||| 2.8. Predict the effectiveness of forest protection and development planning in terms of economy, society, environment, national defense and security;

Part 4.

IMPLEMENTATION

||| I. RESPONSIBILITIES OF SECTORS AND LEVELS

||| 1. Provincial People's Committees are responsible for directing and inspecting the construction and implementation of forest protection and development plans and programs in accordance with the spirit of this Circular at the local level;

||| 2. The Forest Department takes the lead and coordinates with the Forest Protection Department, the Planning Department, and other related agencies under the Ministry of Agriculture and Rural Development to direct and inspect the implementation of this Circular nationwide;

||| 3. Directors of Departments of Agriculture and Rural Development have the responsibility to advise provincial People's Committees, coordinate with related units, provide professional guidance on the construction of forest protection and development plans and programs at all levels; Forest Protection Stations have the responsibility to advise district and commune People's Committees in organizing the implementation and inspection of this Circular;

||| II. INSPECTION, EVALUATION, AND REPORTING RESULTS

||| The inspection, evaluation, and reporting of results of forest protection and development planning and program implementation by People's Committees at all levels shall be carried out in accordance with Points b, c, d, Clauses 2 and 3, Article 18 of Decree No. 23/2006/NĐ-CP;

III. EXPENSES

||| The state budget ensures the establishment of forest protection and development planning and programs;

IV. EFFECTIVE DATE OF IMPLEMENTATION

This Circular takes effect fifteen days after its publication in the Official Gazette.

||| Ministries, ministerial-level agencies, government-affiliated agencies, People's Committees at all levels, Directors of Departments of Agriculture and Rural Development, heads of agencies and units under the Ministry have the responsibility to implement this Circular;

||| During the implementation process, if there are difficulties or obstacles, please reflect them to the Ministry of Agriculture and Rural Development for timely revision and supplementation./.