Decision No. 06/2005/QD-BNN on the issuance of regulations for the acceptance of forest planting, enclosure and promotion of natural regeneration, care of planted forests, protection of forests, and restoration of natural forests.

DECISION OF THE MINISTER

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Regarding the issuance of the Regulations on Acceptance of Forest Planting, Encirclement and Promotion of Natural Regeneration of Forests, Care of Planted Forests, Protection of Forests, and Encirclement and Restoration of Natural Forests

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

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

Pursuant to Technical Standards for Constructing Upstream Protective Forests QPN-13-91 issued together with Decision No. 134/QĐ-KT dated April 4, 1991 of the Ministry of Forestry (now the Ministry of Agriculture and Rural Development);

Pursuant to Technical Procedures for Intensive Planting of Pine, Eucalyptus, Banyan, and Large-leaved Acacia Trees for Paper Raw Material Supply (QTN 27-87) issued together with Decision No. 490/QĐ dated June 23, 1987 of the Ministry of Forestry (now the Ministry of Agriculture and Rural Development);

Pursuant to Restoration Standards for Natural Forests through Encirclement and Promotion of Natural Regeneration Combined with Supplementary Planting (QPN 21-98) issued together with Decision No. 175/1998/QĐ-BNN-KHCN dated November 4, 1998 of the Ministry of Agriculture and Rural Development;

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

DECISION:

Article 1. Now hereby promulgating with this Decision the "Regulations on Acceptance of Forest Planting, Encirclement and Promotion of Natural Regeneration of Forests, Care of Planted Forests, Protection of Forests, and Encirclement and Restoration of Natural Forests."

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette of the Government. The Decision No. 162/1999/QĐ-BNN-PTLN dated December 10, 1999 of the Minister of Agriculture and Rural Development "Issuing Temporary Regulations on Acceptance of Contracted Forest Protection, Encirclement and Promotion of Natural Regeneration Combined with Supplementary Planting, Planting of Forests, and Care of Forests" is hereby repealed.

Article 3. The Heads of the Office, the Director of the Forest Management Department, the Heads of the Departments and Units related, the Directors of Provincial Departments of Agriculture and Rural Development under central cities are responsible for implementing this Decision./.

 

REGULATIONS

 

Acceptance of Forest Planting, Encirclement and Promotion of Natural Regeneration of Forests, Care of Planted Forests,

Protection of Forests, Encirclement and Restoration of Natural Forests

(issued with Decision No. 06/2005/QĐ-BNN dated January 24, 2005)

of the Minister of Agriculture and Rural Development)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This document stipulates the contents, methods of implementation, and standards for acceptance of forest planting, encirclement and promotion of natural regeneration of forests, care of planted forests, protection of forests, and encirclement and restoration of natural forests (referred to as forestry works).

Article 2. Applicability

The subjects to which this applies are organizations and individuals implementing contracted forestry works funded by state budget.

For organizations and individuals implementing contracted forestry works funded by foreign aid, state budget loans, and commercial bank credits if there are no other provisions, they shall also conduct acceptance according to these Regulations.

For organizations and individuals implementing contracted forestry works partially funded by state budget support, they shall conduct acceptance of the forestry activities supported by the state budget according to these Regulations or according to specific support policies.

For organizations and individuals implementing contracted forestry works funded by other credit sources, they shall not conduct acceptance according to these regulations.

Article 3. Basis for conducting acceptance

1. The approved forestry plan (planting, care...) by the competent authority.

2. Contract assignment files; contract between Party A (the assigning party) and Party B (the receiving party).

3. Design and budget files approved by the competent authority.

Article 4. Contents of acceptance

1. Quantity acceptance: acceptance of the quantity of each type of work performed compared to the quantity agreed in the signed contract.

2. Quality acceptance: acceptance of the quality of each type of work performed according to technical standards compared to the approved technical design and signed contract.

Article 5. Basic acceptance and re-inspection of acceptance.

1. Basic acceptance: It is the acceptance of the results of implementation between Party A (the assigning party) and Party B (the receiving party).

a) For forestry works that must be carried out in two stages of acceptance - stage 1 and stage 2, the results of acceptance in stage 1 serve as the basis for basic acceptance (stage 2).

b) The result of basic acceptance serves as the final basis for settlement of the project.

2. Re-inspection of acceptance: It is the re-checking of the results of basic acceptance. Re-inspection of acceptance is conducted by the direct superior of Party A towards Party A, which is part of the management function of the superior when it is deemed necessary to inspect the acceptance. The composition of the re-inspection team is decided by the superior of Party A. The model of the re-inspection acceptance record is at Appendix 5.

a) Re-inspection of acceptance is only carried out after completing basic acceptance, no later than thirty days from the date of reporting the results of basic acceptance.

b) The quantity of re-inspection acceptance is 10% of the quantity of basic acceptance. In cases where necessary, the quantity of re-inspection acceptance may be increased to strengthen the supervisory function.

c) The result of re-inspection acceptance will nullify the result of basic acceptance, serving as the final basis for settlement of the project.

Chapter II

FOREST PLANTING ACCEPTANCE

Article 6. Regulations on steps of acceptance, contents, and methods of basic acceptance.

1. Steps of acceptance

a) Step 1: Acceptance of preparatory work for forest planting

This acceptance step serves as the basis for deciding whether the receiving party can continue planting forests according to the signed contract.

- Participants in the acceptance: Technical supervisors of Party A directly accept with Party B.

- Content of acceptance: comprehensive acceptance across the entire area, including clearing understory vegetation, digging holes, hole size, hole spacing, pre-fertilization.

- The result of Step 1 acceptance is recorded on the acceptance form according to the model at Appendix la and serves as the basis for forest planting acceptance (Step 2).

b) Step 2: Acceptance after planting, conducted in two phases, the first phase within two months after planting for all tree species, the second phase accepting areas that did not meet standards in the first phase, the second phase acceptance is conducted one month after replanting.

- Participants in the acceptance.

Assigning Party: Includes representatives of the grassroots project leader (leadership, technical staff, accountant).

The contractor's representative: The contractor's representative and one of the representatives of the commune-level cooperative or administrative unit (if deemed necessary).

2. Content of the second stage inspection, method of conducting.

a) Quantity inspection: On-site inspection of the entire area, determination of boundary positions, comparison with design maps, marking and determining the implementation ratio using surveying instruments or direct measurement.

b) Quality inspection: Inspection of technical planting standards for forests stipulated in the contract.

- For comprehensive forest plantations:

Measure the entire area or measure standard plots.

If measuring standard plots, the plot area is 100m², established on the representative line of the forest lot. The minimum number of standard plots is specified as follows:

Lot area < 3 ha: 10 plots

Lot area > 3 - 4 ha: 15 plots

Lot area > 4 - 5 ha: 20 plots

- For strip forest plantations: Measure the total number of trees on the planting strip area.

c) The results of the second stage inspection serve as the basis for settlement of the contract, presented according to the form in Appendix 1b.

3. Inspection criteria, handling measures.

- First stage inspection criteria (forest preparation).

 

 

Evaluation, conclusion

 

 

4. INSPECTION OF ENCLOSURE AND PROMOTION OF FOREST REGENERATION

Chapter III

Inspection of enclosure and promotion of forest regeneration combined with supplementary plantation of forestry crops.

Article 7. Inspection of enclosure and promotion of forest regeneration with supplementary plantation of forestry crops.

1. Inspection stages carried out as prescribed in Clause 1, Article 6.

2. Inspection content, method of conducting: Carried out as prescribed for strip forest planting inspection in Clause 2, Article 6.

3. Inspection criteria for enclosure and promotion of forest regeneration with supplementary plantation.

 

 

4. Inspection files include the contract and inspection reports according to the forms in Appendices 1a and 1b.

Article 8. Inspection of enclosure and promotion of forest regeneration with application of forest management techniques.

1. Steps of acceptance

Inspection stages depend on the number of times the technical measures are applied as stipulated in the contract. If applied once per year, only one inspection stage is conducted immediately after Party B completes the work. If applied multiple times per year, the inspection stages are defined as follows:

a) Stage 1: Inspection of technical measures applied for the first, second, etc., times.

- Inspection time is immediately after completing the work.

- Inspection team consists of Party A's technical staff directly supervising the inspection with Party B's representative.

- The results of the first stage inspection (results of the first, second, third, etc., inspections) serve as the basis for the second stage inspection, presented according to the form in Appendix 2a.

b) Stage 2: Basis inspection - final inspection of the entire quantity and quality of the enclosed forest area with applied forest management techniques.

- Inspection time is immediately after Party B completes all technical measures as stipulated in the contract.

- Participants in the inspection:

Contracting party: Includes project leader at the grassroots level, technical staff, accountant.

Contractor party: The contractor's representative and one of the representatives of the commune-level cooperative or administrative unit (if deemed necessary).

- The results of the second stage inspection serve as the basis for settlement of the contract, presented according to the form in Appendix 2b.

2. Inspection content, method of conducting:

a) Quantity inspection: Conducted as prescribed in Clause 2, Article 6.

b) Quality inspection: Survey the entire area, compare with technical standards, evaluate the percentage of quality implementation.

3. Inspection criteria for enclosure and promotion of forest regeneration with application of forest management techniques.

 

 

4. Inspection files include the contract and inspection reports according to the forms in Appendices 2a and 2b.

Chapter IV

INSPECTION OF FOREST MANAGEMENT

Article 9. Inspection of planted forest management.

1. Inspection stages: Conducted as prescribed in Clause 1, Article 8.

2. Inspection content, method of conducting

a) Quantity inspection: Conducted as prescribed in Clause 2, Article 6.

b) Quality inspection: Inspection of technical management criteria.

- Clearing undergrowth, hoeing and mounding around tree roots: Survey the entire area.

- Top dressing, survival rate: Conducted as prescribed in Clause 2, Article 6.

3. Inspection criteria for planted forest management

 

 

· Criterion 4 shall only be implemented for the first year spring, summer planting season forests and second-year planted forests.

4. The acceptance dossier includes the contract and the acceptance record according to the model at Appendix 3a, 3b.

Article 10. Acceptance of care for fenced and promoted natural regeneration forests with supplementary planting: Implemented as prescribed in Article 9.

Chapter V

ACCEPTANCE OF FOREST PROTECTION, ENCLOSURE AND NURTURE

NATURAL FOREST RESTORATION

Article 11. Acceptance of forest protection

1. Participants in the acceptance

Assigning Party: Includes representatives of the grassroots project leader (leadership, technical staff, accountant).

The contractor: The representative of the contractor and one of the representatives of the cooperative or commune authority.

2. Time of acceptance: Conducted at the end of the plan year, the acceptance results must be completed no later than January of the following year.

3. Content of acceptance: Acceptance of quantity and quality of forest protection.

4. Method of implementation: Survey the entire area, compare with the design map to determine boundary positions, determine the implementation ratio through traverse survey or direct measurement.

5. Acceptance results: Evaluation on aspects of livestock damage, negative human impact, and forest fire;

a) 100% of the forest area not affected by damage: Accepted and paid 100% of the contract value.

b) Some areas of the forest are damaged (cutting, encroachment, burning for cultivation...), will be handled as follows:

- The contractor discovers forest encroachment and immediately reports to the competent authority (specifically the project sponsor and local authorities): Considered to have fulfilled the forest protection task and paid the forest protection fee according to the contract.

- The contractor does not discover the forest encroachment, or discovers but does not report to the competent authority: Only paid the forest protection fee for undamaged forest areas, damaged forest areas will be penalized according to the law depending on the extent of damage.

- Determination of the damaged forest area is carried out as prescribed in Clause 4 of this Article.

6. The acceptance dossier includes the contract and the acceptance record according to the model at Appendix 4.

Article 12. Acceptance of enclosure and restoration of natural forests

Implemented as prescribed in Article 11.

Chapter VI

IMPLEMENTATION

Article 13. The Forestry Department and the Departments of Agriculture and Rural Development are responsible for implementing, monitoring, and urging compliance with this Regulation./.