This Circular stipulates the determination of forest boundaries and the allocation of management and usage rights for forests among forest owners in Vietnam. It includes contents such as inspecting the current status of disputed boundary areas, describing the demarcation lines of forest boundaries based on maps and field surveys, determining the coordinates of characteristic points on the demarcation lines, as well as marker positions and a summary table of marker coordinates. This Circular aims to ensure effective and transparent forest management.
Scope of application
This Circular applies to forest owners in Vietnam, including both individuals and organizations with the right to manage and use forests.
Key points
- Inspecting the current status of disputed boundary areas
- Describing the demarcation lines of forest boundaries
- Determining the coordinates of characteristic points on the demarcation lines
- Marker positions and a summary table of marker coordinates.
- The process of determining forest boundaries between forest owners
🌐 Social impact of this document
- Reducing disputes over management and usage rights for forests among forest owners
- Enhancing efficiency in forest management and protection
- Improving transparency and fairness in the demarcation of forest boundaries.
❓ Frequently asked questions
What is the main purpose of this Circular?
The main purpose of this Circular is to stipulate the determination of forest boundaries and the allocation of management and usage rights for forests among forest owners in Vietnam to ensure effective and transparent forest management.
To whom does this Circular apply?
This Circular applies to all forest owners in Vietnam, including individuals and organizations with the right to manage and use forests.
What are the main steps in the process of determining forest boundaries as specified in this Circular?
The main steps include inspecting the current status of disputed boundary areas, describing the demarcation lines based on maps and field surveys, determining the coordinates of characteristic points on the demarcation lines, as well as marker positions and a summary table of marker coordinates.
Full text
|
| SOCIALIST REPUBLIC OF VIET NAM |
CIRCULAR
Provisions on delineating forest boundaries
Circular No. 31/2018/TT-BNNPTNT dated November 16, 2018, issued by the Minister of Agriculture and Rural Development regarding forest boundaries, which took effect from November 1, 2019, was amended and supplemented by:
Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain articles of circulars in the forestry sector, which took effect from February 1, 2023.
Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017, issued by the Prime Minister, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Forestry Law 2017;
At the proposal of the Director General of the Forest Administration;
The Minister of Agriculture and Rural Development issues this Circular on provisions for delineating forest boundaries.1
Chapter I. GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
Article 1. This Circular provides for the delineation of forest boundaries.
Article 2. This Circular applies to organizations, households, individuals, and community groups involved in activities related to the delineation of forest boundaries.
Article 2. Interpretation of Terms
In this Circular, the following terms shall be understood as follows:
Point 1. A sub-district has an area of approximately 1,000 hectares within the same administrative unit at the commune, ward, or town level (hereinafter referred to collectively as commune level). The order of sub-districts is recorded with Arabic numerals within each province or centrally governed city (hereinafter referred to collectively as provincial level), from Sub-district 1 to the last sub-district (for example: Sub-district 1, Sub-district 2).
Point 2. A plot has an area of approximately 100 hectares within the same administrative unit at the commune level. The order of plots is recorded with Arabic numerals, from Plot 1 to the last plot, within each sub-district (for example: Plot 1, Plot 2).
Point 3. A compartment has an area of approximately 10 hectares, with a relatively uniform state of forest or forestry land, within the commune level administrative unit. The order of compartments is recorded with Arabic numerals, from Compartment 1 to the last compartment, within each plot (for example: Compartment 1, Compartment 2).
The serial number of sub-districts, plots, and compartments is recorded in sequence from top to bottom, from left to right; in cases of supplementation, next to the original sub-district, plot, or compartment, supplementary symbols A, B, C are added (for example: Sub-district 1A, Plot 1A, Compartment 1A).
Point 4. Boundary markers are fixed objects used to mark important positions along the boundary lines to be delineated on-site.
Point 5. Characteristic points are geographical features such as terrain points, landmarks, mountains, rivers, streams, roads, watersheds, and drainage lines.
Point 6. The current status map of forests is a thematic map showing the boundaries of compartments in the current forest classification system based on corresponding topographic maps at various scales.
Chapter II. SPECIFIC PROVISIONS
Section 1. DELINEATION OF FOREST BOUNDARIES ON MAPS
Article 3. Basis for delineating forest boundaries
Point 1. The current status map of forests according to Vietnam Standard TCVN 11565:2016.
Point 2. One of the following documents: certificate of land use rights; decision on establishing a forest area; decision on allocating land; decision on leasing land; decision on allocating forests; decision on leasing forests.
Article 4. Content of delineating forest boundaries
Point 1. Delineate the boundaries of sub-districts, plots, compartments, and the boundaries of forest owners on the current status map of forests.
Point 2. Design the positions of boundary markers and boundary demarcation boards on the current status map of forests.
Article 5. Delimitation of boundaries of forest compartments, plots, and forest owners on maps
1. Use the current status forest map as the map for delimiting forest boundaries.
2. In cases where there are changes to boundaries or areas due to land use purpose conversion, forest use; administrative boundary adjustment; transfer with change of forest owner's name, update the current status forest map to be used for boundary delimitation according to the following procedures:
a) Update and collect data and documents regarding changes to forest boundaries and areas;
b) Transfer the boundaries of forest compartments, plots, and forest owner boundaries onto the current status forest map.
3. Implementing units
a) The Department of Agriculture and Rural Development shall lead the updating of the provincial-level current status forest map;
b) The Forest Protection Agency at the district level shall update the district and commune-level current status forest map; in cases where there is no district-level Forest Protection Agency, the provincial-level Forest Protection Agency shall implement.
Article 6. Design positions of markers and boards for delimiting forest owner boundaries
1. Use the forest boundary delimitation map specified in Article 5 of this Circular to determine the layout of marker and board positions.
2. Marker position: Only determine marker positions for boundaries adjacent between neighboring forest owners at locations where the boundary direction changes, where there are no distinctive points, making it difficult to delineate boundaries; do not set markers at locations where the boundary has distinctive points. The distance between markers should not exceed 2,000 meters. In cases where boundaries are adjacent to residential areas with high risk of encroachment, or where boundaries are difficult to identify due to a lack of distinctive points such as bowl-shaped hills or flat coastal lands, the distance between markers should not exceed 1,000 meters. Marker numbers are assigned sequentially from Marker No. 1 to the final marker along the boundary in a clockwise direction.
3. Board position: Determined at locations with traffic routes or near residential areas, or where forests have a high risk of encroachment.
||| Section 2. DELINEATION OF FOREST BOUNDARIES ON THE GROUND
Article 7. Basis for delineating forest boundaries on the ground
1. The forest boundary delimitation map specified in Article 5 of this Circular.
2. Layout of marker and board positions on the forest boundary delimitation map specified in Article 6 of this Circular.
3. One of the following documents: certificate of land use rights; decision on establishment of forest area; decision on land allocation; decision on land lease; decision on forest allocation; decision on forest lease.
4. Boundary marker files for land allocation decisions, forest allocation decisions, land lease decisions, and forest lease decisions approved by competent authorities (if applicable).
Article 8. Content of delineating forest boundaries on the ground
1. For forest areas that have already had their boundaries delineated on the ground, there is no need to redelineate the forest boundaries.
2. In cases where forest boundaries have not been delineated on the ground or there are changes to forest boundaries, proceed with delineating forest boundaries according to the following procedures:
a) Collect documents and maps as stipulated in Article 7 of this Circular;
b) Describe the forest boundary delimitation route on the forest boundary delimitation map specified in Article 5 of this Circular;
c) Determine the actual positions of markers and boards according to the layout of marker and board positions on the forest boundary delimitation map specified in Article 6 of this Circular;
d) Install markers and boards on the ground.
3. Implementing units:
a) For the contents stipulated in points a, b, and c of paragraph 2 of this Article, the Department of Agriculture and Rural Development shall lead and organize implementation;
b) For the content stipulated in point d of paragraph 2 of this Article, the forest owner shall carry out with the presence of the district-level Forest Protection Agency or the provincial-level Forest Protection Agency for districts without a district-level Forest Protection Agency.
4. For disputed areas where forest owners cannot reach an agreement, the Department of Agriculture and Rural Development shall lead the preparation of a record for each specific case according to Model No. 01 attached as an appendix to this Circular; compile and report to the provincial People's Committee for resolution within its authority. After the disputed area is resolved, proceed with delineating forest boundaries according to paragraph 2 of this Article.
Article 9. Description of the boundary demarcation line for forest areas
1. Content of description: distinctive points, direction, coordinates, distance between distinctive points, and the length of the forest boundary line.
2. Method of description
a) In cases where there are existing descriptions of the boundary demarcation line for the forest area or adjacent forest areas have been described, use those descriptions;
b) In cases where the boundary demarcation line for the forest area has not yet been described, proceed as follows: the boundary demarcation line starts from the first distinctive point at the northernmost point of the forest area, and is described clockwise to ensure continuity and closure along the entire boundary demarcation line. In cases where there are no distinctive points on the boundary demarcation line, use a positioning device (GPS) to determine the coordinates and describe the boundary demarcation line according to those coordinates.
3. Prepare a description of the boundary demarcation line for the forest area according to Model No. 02 attached as an appendix to this Circular.
4. Establish a coordinate table for distinctive points on the boundary demarcation line for the forest area according to Model No. 03 attached as an appendix to this Circular. Coordinates of distinctive points shall be measured three times using GPS and the average value shall be taken.
Article 10. Determining the location of markers and boards
1. Forest areas that have already determined the location of markers and boards in accordance with the design of marker locations as stipulated in Article 6 of this Circular shall not need to re-determine their positions.
2. In cases not covered by Clause 1 of this Article, proceed to determine the location of markers and boards as follows:
a) Based on the results of the design of marker locations as stipulated in Article 6 of this Circular, determine the location of markers and boards outside in the field, except for marker locations coinciding with distinctive points;
b) Based on the results of point a of this clause, determine the specific coordinates of the marker and board locations on the boundary demarcation line of the forest area. The coordinates of the marker and board locations shall be measured three times using GPS, the average value shall be taken, and a coordinate table of marker and board locations shall be prepared according to Model No. 04 attached as an appendix to this Circular;
c) Prepare a comprehensive table of marker and board coordinates according to Model No. 05 attached as an appendix to this Circular.
3. In cases where the actual location of markers and boards on the ground differs from the design on the forest boundary demarcation map as stipulated in Article 6 of this Circular, adjust the marker and board locations on the map to match the actual ground conditions.
Article 11. Provisions on markers and boards
1. Provisions on markers
a) Markers made of reinforced concrete ensuring durability and stability, with a rectangular cross-section, dimensions of the marker: height 100 cm, width 30 cm, thickness 12 cm, with a base for inserting the marker.
b) Markers shall bear the name of the forest owner, type of forest, and marker number. The part of the marker protruding above ground shall be painted white, with numbers written on the side face of the marker, 3 cm below the top surface; letters shall be printed in capital letters, font size 3 cm high, 2 cm wide, using red paint.
2. Provisions on boards
a) Boards made of reinforced concrete ensuring durability and stability, dimensions: height 100 cm, width 150 cm, thickness 5 cm;
b) On the left side of the board, display a schematic diagram of the forest area, on the right side, record the name of the forest area and management and protection requirements.
3. For places where markers and boards have been installed differently from the provisions of Clauses 1 and 2 of this Article, the old markers and boards may continue to be used.
Article 12. Installation of markers and boards in the field
1. Forest areas that have installed markers and boards in accordance with the provisions of Article 10 of this Circular shall not need to reinstall them.
2. In cases not covered by Clause 1 of this Article, proceed to install markers and boards as follows:
a) Markers shall be firmly inserted into the ground along the forest boundary demarcation line, ensuring durability and stability, with the part protruding above ground being 50 cm high, the face bearing the marker number and forest area name facing outward;
b) Boards shall be attached to a square column 300 cm high, 15 cm wide, 15 cm thick, firmly inserted into the ground, with the part buried underground being 100 cm deep to ensure stability.
Article 13. Management and protection of boundary markers and signs
1. The forest owner shall be responsible for managing and protecting boundary markers and signs within the scope of the area allocated or leased to them.
2. In cases where boundary markers and signs are displaced, lost, or damaged, the forest owner shall restore the boundary markers and signs to their original positions.
Section 3. BOUNDARY DELINEATION FILE FOR FORESTS
Article 14. Boundary delineation file for forests
1. A map showing the location of boundary markers and signs as prescribed in Article 6 of this Circular.
2. Description of the boundary line of the forest according to Model No. 02 attached as an appendix to this Circular.
3. Table of coordinates of characteristic points on the boundary line of the forest according to Model No. 03 attached as an appendix to this Circular.
4. Coordinates table of the location of boundary markers and signs according to Model No. 04 attached as an appendix to this Circular.
5. Summary table of coordinates of the location of boundary markers and signs according to Model No. 05 attached as an appendix to this Circular.
Article 15. Management of the boundary delineation file for forests
1. The components of the file as prescribed in Article 14 of this Circular.
2. For forest owners who are organizations, four copies of the file shall be established and managed at the Department of Agriculture and Rural Development; the Forest Protection Agency at the district level or the provincial-level Forest Protection Agency in cases where there is no district-level Forest Protection Agency; the People's Committee of the commune and the forest owner.
3. For forest owners not covered by paragraph 2 of this Article, the forest owner shall establish and manage the file themselves.
Chapter III. IMPLEMENTATION2
Article 16. Responsibility for Organization and Implementation
1.3 The Forestry General Department shall be responsible for guiding and inspecting the implementation of this Circular throughout the country.
2. The Department of Agriculture and Rural Development shall organize the implementation and provide guidance on the implementation of this Circular within its province.
3. The forest owner shall be responsible for setting up boundary markers and signs on-site and managing and protecting boundary markers and signs within the scope of management of the forest owner.
Article 17. Effective Date
1. This Circular takes effect from January 1, 2019.
2. Decision No. 3031/1997/QĐ-BNNPTNT dated November 20, 1997 of the Minister of Agriculture and Rural Development on the Regulation on Determining Boundaries and Setting Up Markers for Various Types of Forests shall cease to be effective from the date this Circular takes effect.
3. During the implementation of this Circular, if there are any difficulties, agencies and units shall report in writing to the Ministry of Agriculture and Rural Development for consideration and resolution./.
| MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT _____________________ Number: 08/VBHN-BNNPTNT
| CERTIFIED CONSOLIDATED DOCUMENT
Hanoi, January 4, 2024
DEPUTY MINISTER |
"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:Appendix
(Attached to Circular No. 31/2018/TT-BNNPTNT dated November 16, 2018 of the Ministry of Agriculture and Rural Development)
| Form No. 01 | Inspection Record of the Disputed Boundary Area of the Forest |
| Form No. 02 | Description of the Forest Boundary Line |
| Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives | Table of Coordinates of Characteristic Points on the Forest Boundary Line |
| Form number 04 | Coordinates Table of the Location of Boundary Markers and Signs |
| Form number 05 | Summary Table of Coordinates of the Location of Boundary Markers and Signs |
Form No. 01
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------
(Place name), day... month... year...
INSPECTION RECORD OF THE CURRENT STATUS OF THE DISPUTED BOUNDARY AREA OF THE FOREST
We include:
1. Mr./Mrs.: representative of the Department of Agriculture and Rural Development...
2. Mr./Mrs.: representative of the forest owner...
2. Mr./Mrs.: representative of the adjacent forest owner with dispute...
3. Mr./Mrs.: representative of the forest rangers in the area: ...
After jointly checking on the map, files, and actual site along the disputed boundary line, specifically as follows:
- The disputed boundary area: belongs to sub-district... plot... lot... of the forest owner:...; belongs to Sub-district... plot... lot... of the adjacent forest owner with dispute.
- Disputed area:... (ha), length of disputed boundary line... (m)
- Current status of the forest in the disputed area...
- Cause of dispute: ...
- Attached documents: ...
Recommendations: ...
...................................................................................................................................
This record was made at:...
We agree to sign together./.
| Representative of the adjacent forest owner | Representative of the forest owner | Representative of the Department of Agriculture and Rural Development
|
Form No. 02
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------
(Place name), day... month... year...
DESCRIPTION OF THE FOREST BOUNDARY LINE
Name of the forest owner: commune (name of commune); district (name of district); province (name of province)
We include:
1. Mr./Mrs.: representative of the Department of Agriculture and Rural Development
2. Mr./Mrs.: representative of the forest owner...
3. Mr./Mrs.: representative of the consulting unit (if any): …
After jointly reviewing the map and the actual site along the boundary line, we agree to describe the boundary line as follows:
Section 1: starting from characteristic point number...... (coordinates X = ......m; Y = ......m) to characteristic point number...(X = …m; Y = …….m), length...... m (detailed description of terrain, objects, rivers, streams... encountered by the boundary line)
Section 2: from characteristic point number..., to characteristic point number…(X = ………m; Y = …m)...length…….m (detailed description of terrain, objects, rivers, streams... encountered by the boundary line)
Section 3: from characteristic point number… to characteristic point number…. (X = …m; Y = …m)……. length…… m (detailed description of terrain, objects, rivers, streams... encountered by the boundary line)
Section...: from characteristic point number…, boundary line…… m to characteristic point number….. (detailed description of terrain, objects, rivers, streams... encountered by the boundary line)
The description was made at…total number of sections described…; total length...m.
| Representative of Consulting Unit | Representative of the forest owner | Representative of the Department of Agriculture and Rural Development
|
Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------
(Place name), day... month... year...
TABLE OF COORDINATES OF CHARACTERISTIC POINTS ON THE FOREST BOUNDARY LINE
Name of the forest owner: commune (name of commune); district (name of district); province (name of province)
| Serial number of point | Coordinates (m) | SOCIAL | Adjacent forest owner (if any) | |
|
| Longitude (X) | Latitude (Y) |
|
|
| 1 |
|
|
|
|
| 2 |
|
|
|
|
| 3 |
|
|
|
|
| 4 |
|
|
|
|
| 5 |
|
|
|
|
| 6 |
|
|
|
|
| 7 |
|
|
|
|
| 8 |
|
|
|
|
| .... |
|
|
|
|
| Representative of Consulting Unit | Representative of the forest owner | Representative of the Department of Agriculture and Rural Development
|
Form number 04
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------
(Place name), day... month... year...
TABLE OF COORDINATES OF THE LOCATION OF BOUNDARY MARKERS AND SIGNS
Name of the forest owner: commune (name of commune); district (name of district); province (name of province)
Marker and sign number: …
Located in the forest area: …
| MAP SHOWING THE LOCATION OF BOUNDARY MARKERS AND SIGNS
O
|
Location of marker and sign: …Scale …
At: commune …district …- province…
The location of boundary markers and signs has geographic coordinates according to the VN 2000 reference system, central meridian…
| Coordinates | Degrees, minutes, seconds | t s | Remarks |
| Latitude |
| …m |
|
| Longitude |
| …m |
|
| People's Committee of Commune | Representative of the Department of Agriculture and Rural Development
|
Form number 05
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------
(Place name), day... month... year...
SUMMARY TABLE OF COORDINATES OF THE LOCATION OF BOUNDARY MARKERS AND SIGNS
Name of the forest owner: commune (name of commune); district (name of district); province (name of province)
| Serial number of marker | Coordinates (m) | Coordinates (degrees, minutes, seconds) | SOCIAL | Remarks | ||
| Longitude (X) | Latitude (Y) | Longitude (X) | Latitude (Y) |
|
| |
| 1 |
|
|
|
|
|
|
| 2 |
|
|
|
|
|
|
| 3 |
|
|
|
|
|
|
| 4 |
|
|
|
|
|
|
| 5 |
|
|
|
|
|
|
| 6 |
|
|
|
|
|
|
| . |
|
|
|
|
|
|
| . |
|
|
|
|
|
|
| . |
|
|
|
|
|
|
| Representative of Consulting Unit | Representative of the forest owner | Representative of the Department of Agriculture and Rural Development
|
1 Circular No. 22/2023/NĐ-CP amending and supplementing certain articles of Decree No. 06/2019/NĐ-CP dated January 22, 2019 of the Government on the management of wild plants and animals in danger of extinction, precious and rare species and the enforcement of the Convention on International Trade in Endangered Species of Wild Fauna and Flora has the following bases for issuance:
Pursuant to Decree No. 105/2022/NĐ-CP dated December 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Forestry Law dated November 15, 2017;
At the proposal of the Director of the Forest Management Department;
The Minister of Agriculture and Rural Development issues Circulars amending and supplementing certain articles of Circulars in the forestry sector.
2 This Chapter has been amended and supplemented pursuant to Article 14 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain Articles of Circulars in the forestry sector, which shall take effect from February 1, 2024.
3 This Clause has been amended and supplemented pursuant to Article 5 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain Articles of Circulars in the forestry sector, which shall take effect from February 1, 2024.
Original document (PDF)
Relations map
Click a document to open. A red border = a relation that changes validity.
Translations
This document is available in the following languages: