Circular No. 06/LN-KL guiding the implementation of Decree No. 02/CP dated January 15, 1994 on allocating forest land

CIRCULAR

GUIDELINES FOR IMPLEMENTING DECREE 02/CP OF JANUARY 15, 1994 ON ASSIGNING FOREST LAND TO ORGANIZATIONS, HOUSEHOLDS, AND INDIVIDUALS FOR STABLE LONG-TERM USE FOR FORESTRY PURPOSES ISSUED BY THE MINISTRY OF FORESTRY NO. 06/LN-KL ON JUNE 18, 1994

Pursuant to Decree No. 02/CP dated January 15, 1994 of the Government on assigning forest land to organizations, households, and individuals for stable long-term use for forestry purposes, the Ministry of Forestry provides additional guidance on the following points:

1. Forest land and basis for determining forest land:

Forest land referred to in Decree No. 02/CP includes:

- Land currently with natural forests, land currently with planted forests.

- Land without forests but planned for afforestation, enclosure, protection of vegetation cover, including:

- Land planned for afforestation, regardless of slope and land with regenerating forest trees or vegetation cover but not yet meeting the criteria for planned enclosure and protection as forest.

The following bases shall be used to determine forest land:

- Comprehensive socio-economic planning at the provincial level (hereinafter referred to as province).

- General layout plan for production forces or comprehensive forest management plan at the provincial level.

- Economic and technical justification; project for managing and constructing forest areas; decision on planning forest areas approved by competent state management agencies.

2. Basis for categorizing three types of forests for assigning forest land:

2.1. Protective forests, including:

- Areas of protective forests established according to decisions of the Prime Minister or Chairperson of the People's Committee of the province.

- Areas of protective forests that have been or are being developed into projects for managing and constructing forest areas to be submitted to competent state management agencies for approval.

- The following areas of forest land within the scope of a province may be designated as protective forests by decision of the Chairperson of the People's Committee of that province:

+ All forests and forest land on limestone mountains.

+ Forests and forest land directly protecting and nurturing water sources for residential areas.

+ Forests on the eastern peaks of high mountain ranges.

2.2. Special-use forests, including:

- Areas of special-use forests established according to decisions of the Prime Minister or Chairperson of the People's Committee of the province.

- Areas of special-use forests that have been or are being developed into economic and technical justifications; projects for managing and constructing forest areas to be submitted to competent state management agencies for approval.

2.3. Production forests, including:

- Production forests that have been planned or assigned to state organizations by competent state management agencies.

- Production forests that were assigned for stable long-term use to organizations other than state ones, households, and individuals before the issuance of Decree No. 02/CP dated January 15, 1994 of the Government.

- Production forests not yet assigned to organizations, households, and individuals.

3. Basis for assigning forest land:

- Based on the forest land fund and forest land use planning, and planning of the three types of forests at each locality approved by competent state management agencies.

- Based on the needs and capacity to use forest land for forestry purposes by organizations recorded in economic and technical justifications, management and construction area projects approved by competent state management agencies, and applications for assigning forest land from households and individuals confirmed by the Chairperson of the People's Committee of the commune, ward, or town where they reside.

- In cases where the assignment of forest land is linked to the implementation of investment support policies funded by the State according to Decisions 264/CT dated July 22, 1992 and 327/CT dated September 15, 1992 of the Chairman of the Council of Ministers (now the Prime Minister) and Decision 202/TTg dated May 2, 1994 of the Prime Minister, the assignment of land must follow the annual investment and support funding plan of the State.

4. Recipients of assigned forest land:

4.1. State organizations include: Management boards of protective forest areas and special-use forest areas; forestry, agricultural, and fishery enterprises; seedling stations, nurseries, and factories; units under armed forces; schools and vocational training institutions; and other state economic organizations.

4.2. Non-state organizations include: Economic and social organizations established in accordance with current laws of the State.

4.3. Villages and hamlets where there is still the custom of venerating village elders or headmen representing communities or clans of ethnic minorities in mountainous and highland regions.

4.4. Households and individuals permanently or temporarily residing legally in the locality confirmed by the People's Committee of the commune, ward, or town.

5. Principles for assigning forest land:

5.1. Protective forests:

5.1.1. Protective forests established according to decisions of the Prime Minister or Chairperson of the People's Committee of the province shall be assigned to the Management Board of Protective Forests.

5.1.2. The State assigns land for planting forests to organizations, households, and individuals to plant production forests combined with protective functions; or plant protective forests, enclose, protect vegetation cover, combined with forestry, agricultural, and fishery production and business activities in the following areas:

- Upstream protective areas with low vulnerability,

- Windbreak and sand barrier areas where sand has stabilized,

- Coastal protective areas where land has stabilized,

- Environmental protective areas.

5.1.3. In upstream protective areas with very high and high vulnerability, if there are residents living in them, then stable long-term residential and agricultural land shall be assigned to households and individuals according to the Land Law of 1993, without assigning forest land for agricultural production. Additionally, residents living in very high and high vulnerability upstream protective areas shall receive contracts for planting, caring for, and protecting forests according to Decision 202/TTg dated May 2, 1994 of the Prime Minister.

5.1.4. For protective forests not yet assigned to any management, they shall be managed and protected by the local Forest Inspection Office.

5.2. Special-use forests:

5.2.1. National parks and nature reserves established according to decisions of the Prime Minister or Chairperson of the People's Committee of the province shall be assigned to the Management Board of National Parks or Nature Reserves.

For strictly protected areas where households reside intermixed but have not or cannot be relocated elsewhere, the forest owner may allocate to these households the area of forest that needs protection under a contractual agreement. As for residential land, agricultural land, and farmland that households have been using since before being allocated according to the Land Law of 1993, such lands shall remain with the households.

5.2.2. For cultural forests, historical sites, scenic spots, and experimental research areas established by decisions of competent state management agencies, they shall be managed by the Management Board of these facilities in accordance with the law. If there are residents living within these areas, then the residential land, agricultural land, and stable agricultural production land that the people have been using since before shall be returned by the Management Board to the localities for allocation to households and individuals residing within the areas.

5.2.3. For special-purpose forests that have not or do not have a Management Board, they shall be managed and protected by the local Forest Inspection Division.

5.3. Production forests:

5.3.1. Production forests on forestry land that include natural forests, planted forests funded by the State, and vegetation requiring enclosure and protection shall:

+ Be allocated to state organizations based on economic and technical feasibility studies, management plans, and investment projects approved by competent authorities.

+ Be allocated to households and individuals based on contracts approved by competent state management agencies (with attached contract templates).

- Production forests on forestry land without existing forests, requiring afforestation, shall:

+ Be allocated to state organizations based on their ability to utilize, as approved by competent authorities.

+ In cases where the allocation of forestry land is linked to the implementation of State-funded support policies, the allocation must follow the annual State investment support capital plan.

5.3.2. Production forests not yet allocated to organizations, households, or individuals shall be managed and protected by local Forest Inspection Agencies.

6. Principles and authority for allocating forestry land, signing contracts, and issuing certificates of land use rights.

6.1. Only state management agencies with authority may allocate forestry land.

The forest owner is the person or organization directly allocated forestry land by the State.

6.2. Only state-owned forest owners may allocate forest protection, encirclement and regeneration of forests, and afforestation in accordance with Decision 202/TTg of the Prime Minister dated May 2, 1994, and apply the attached contract model in this Circular.

6.3. The authority to establish forest zones and allocate forestry land is stipulated in Article 11 of the Forest Protection and Development Law and Article 8 of Decree No. 17/HĐBT dated January 17, 1992, of the Council of Ministers (now the Government), specifically as follows:

+ Protective forests, special-purpose forests, and production forests established by the Prime Minister's decision shall be handed over by the Chairman of the People's Committee of the province where the forest is located, and certificates of land use rights shall be issued according to the Prime Minister's decision.

- The Chairman of the Provincial People's Committee decides to establish and allocate:

+ Protective forests with an area of less than 20,000 hectares and cultural, historical, and scenic tourism sites at the local level, after obtaining the consent of the Ministry of Forestry or relevant sectors, and allocate them to local state organizations for management and use.

+ Production forests in the locality with an area from 1,000 to less than 20,000 hectares, special product forests under 5,000 hectares, and allocate them to local organizations for management and business operations according to national planning.

+ Allocate private domestic enterprises areas of forestry land from 100 to less than 1,000 hectares for forestry production and business operations according to national planning and plans.

- The Chairman of the District People's Committee decides:

+ To allocate forestry land to households and individuals for forest gardens, combined agricultural and forestry production, and forestry production and business operations according to provincial planning.

+ To allocate production forests to organizations and village communities in the locality according to provincial planning.

6.4. The authority to sign contracts and issue certificates of land use rights, and decisions to reclaim land is specified as follows:

- Signing contracts:

+ The Chairman of the Provincial People's Committee signs contracts for forestry land with natural forests, planted forests funded by the State, and vegetation requiring enclosure and protection for non-state organizations.

+ The Chairman of the District People's Committee signs contracts for forestry land with natural forests, planted forests funded by the State, and vegetation requiring enclosure and protection for households and individuals.

- Certificates of land use rights and decisions to reclaim land:

+ The competent state agency responsible for allocating forestry land shall issue certificates of land use rights and decisions to reclaim land.

7. Implementation of forestry land allocation:

7.1. Allocating forestry land to organizations, households, and individuals for long-term, stable use in forestry purposes is a major policy of the Party and the State aimed at linking labor with land, developing the economy and society, and restoring severely depleted forest resources. Therefore, it requires leadership by the Party Committee and strict guidance by all levels of People's Committees, along with coordinated efforts from relevant sectors such as forestry, land administration, agriculture, and food industry.

7.2. Each level must review the overall planning and forestry planning, comparing them with implementation capabilities to adjust and supplement them appropriately, serving as the basis for forestry land allocation.

When reviewing the planning, attention should be paid to economic and social efficiency and the interests of current agricultural land users. Land should not be reclaimed from those who are effectively utilizing it, except as provided by the Forest Protection and Development Law of 1991 and the Land Law of 1993.

7.3. Organize training and dissemination of new policies and guidelines of the Party and the State regarding forestry land allocation among the people, all levels, and sectors so that organizations, households, and individuals allocated forestry land can invest confidently in developing forests.

7.4. Assign to the Forest Ranger Districts and Forest Ranger Stations to coordinate with the land administration agencies at the same level to assist the People's Committees of the provinces and districts in implementing the allocation of forest land to organizations, households, and individuals.

7.5. The issuance of certificates of land use rights shall be carried out in accordance with the provisions of the General Department of Land Administration.

- For the area of forest land currently being used by organizations, households, and individuals allocated pursuant to documents prior to Decree No. 02 and this Circular, if they are to be issued certificates of forest land use rights, such areas must be reflected on land administration maps or general land sketches, and land administration books. In cases where detailed reflection is not possible, boundary markers must be established on-site, positions marked on the map, and the area calculated. Resubmit the file according to Article 10 of Decree No. 02.

- For organizations, households, and individuals allocated forest land from the date of promulgation of Decree No. 02 and this Circular to obtain certificates of land use rights, they must have complete files as stipulated in Article 13 of Decree No. 02.

- For village forests, communal forests, or forests that had users before the promulgation of the Law on Protection and Development of Forests (1991) and the Land Law (1993), but were not allocated by competent state authorities and do not contravene these laws and there are no disputes, they will be recognized as legitimate forest owners and granted certificates of forest land use rights. If they contravene the provisions of the Law on Protection and Development of Forests and the Land Law, then the People's Committees at all levels shall review and decide to reclaim the entire or part of the land to allocate to organizations, households, and individuals in accordance with the law.

7.6. For forest land allocated previously but not used or used for purposes other than intended, it must be reclaimed and reallocated to other organizations, households, and individuals.

7.7. The costs of allocating forest land shall be funded from the state budget and will be separately guided by a joint Circular of the Ministry of Forestry and the Ministry of Finance.

7.8. Entrust the responsibility to the Director of the Forest Protection Department to guide, direct, compile periodic reports, and liaise with relevant central and local departments to assist the Minister of Forestry in the allocation of forest land to organizations, households, and individuals for forestry purposes.

7.9. This Circular takes effect from the date of signature.

During the implementation of this Circular, if the People's Committees at all levels and forestry agencies at the local level encounter difficulties or obstacles, they shall promptly report to the Ministry of Forestry (Forest Protection Department) for consideration and resolution.