Circular No. 12/2022/TT-BNNPTNT guiding certain activities related to forestry under the Sustainable Forestry Development Program and the National Target Program for Socio-Economic Development of Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025

CIRCULAR

for use certain forestry activities implementing the Program sustainable forestry development and the National Target Program on Socio-Economic Development of Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025

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 Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Law No. 16/2017/QH14 dated November 15, 2017 of the National Assembly on the Forestry Law;

Pursuant to Decree No. 27/2022/NĐ-CP dated April 19 the 4 year 2022 of the Government stipulating management mechanisms and organization of implementation of national target programs;

The Prime Minister issues this Decision amending and supplementing certain Articles of Decision No.Decision No. 39/2021/QĐ-TTgdated December 30, 2021 of the Prime Minister prescribing principles, criteria, allocation quotas of central budget funds and local budget counterpart funds for implementing the National Target Program on Socio-Economic Development of Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025; organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.from 2021 to 2025;

Implementing Decision No. 1719/QĐ-TTg dated October 14, 2021 of the Prime Minister on the National Target Program on Socio-Economic Development of Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025;

Implementing Decision No. 809/QĐ-TTg dated 12 the 7 2022 of the Prime Minister approving the Sustainable Forestry Development Program for the period 2021-2025;

the Director at the proposal of the Director General of the Forest Administration and the Director of the Legal Department;

The Minister of Agriculture and Rural Development issues this Circular guiding certain forestry activities implementing the Sustainable Forestry Development Program and the National Target Program on Socio-Economic Development of Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides on:

1. Preparing and implementing annual plans for the Sustainable Forestry Development Program for the period 2021-2025 (hereinafter referred to as the Program) and Sub-project 1 - Sustainable Economic Development of Agriculture and Forestry Linked with Forest Protection and Increased Income for People, under Project 3 - Sustainable Production of Agriculture and Forestry, Leveraging the Potential and Strengths of Different Regions to Produce Commodities in Value Chains, under the National Target Program on Socio-Economic Development of Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025 (hereinafter referred to as Sub-project 1).

2. Forestry activities using state budget funds to implement the Program and Sub-project 1.

3. Inspection, supervision, evaluation, reporting systems, and organization of implementation of the Program and Sub-project 1.

Article 2. Applicability

This Circular applies to:

1. Agencies, organizations, households, individuals, and community residents related to the implementation of the Program.

2. Households of ethnic minorities, poor Han households; village communities in communes in areas II and III within the ethnic minority and mountainous regions; organizations and individuals related to the implementation of Sub-project 1.

Article 3. Principles in managing and organizing the implementation of the Program and Sub-project 1

1. Management and operation of the Program must comply with laws on public investment management, state budget, and relevant laws. Implementation of Sub-project 1 must comply with the provisions of Decree No. 27/2022/NĐ-CP dated April 19, 2022 of the Government stipulating management mechanisms and organization of implementation of national target programs (hereinafter referred to as Decree No. 27/2022/NĐ-CP) and relevant laws.

Budget preparation, execution, and settlement for the Program and Sub-project 1 shall be carried out in accordance with current laws and guidelines issued by the Ministry of Finance. Management, payment, and settlement of public investment capital shall be conducted in accordance with Decree No. 99/2021/NĐ-CP dated November 11, 2021 of the Government on management, payment, and settlement of projects using public investment capital, and Circular No. 96/2021/TT-BTC dated November 11, 2021 of the Minister of Finance on the system of forms used in settlement work.

2. Conducting forestry activities within the scope of the Program and Sub-project 1, ensuring no overlap with activities and funding already allocated for other national target programs, programs, projects.

a) For special-use forest areas managed by Special-Use Forest Management Boards, support for communities in buffer zones around special-use forests; natural forests classified as production forests managed by restructured forestry companies according to Decree No. 118/2014/NĐ-CP dated December 17, 2014 of the Government on restructuring, reform, and enhancing the efficiency of agricultural and forestry companies (hereinafter referred to as forestry companies), shall be implemented within their management scope without distinction between regions, and can use funds for forest protection provided in the Program, while forest owners use these funds to implement forest protection contracts according to corresponding standards, mechanisms, and policies;

b) For activities such as encircling and nurturing natural regeneration, forest fire prevention and control, biodiversity conservation in forest ecosystems, monitoring forest changes, supervision, assessment, resource management, issuance of sustainable forest management certificates, scattered tree planting; implementing approved programs, projects, plans; special tasks shall be carried out without regional distinction, and funding will be determined within the Program.

3. Coordinating measures for management and strengthening integration to ensure compatibility and effectiveness between the Program and other national target programs, the Vietnam Forestry Development Strategy for the period 2021-2030 with a vision to 2050, the plan for restructuring the agriculture sector for the period 2021-2025, and local economic and social development programs, projects, and plans.

4. Ministries, sectors, localities, and units responsible for management and operation shall bear full responsibility for the results of implementing the Program and Sub-project 1 within their jurisdiction.

5. Ensure transparency and clarity in the management and implementation of the Program and Sub-project 1.

Chapter II

ESTABLISHMENT AND IMPLEMENTATION OF ANNUAL PLANS

Article 4. Basis for planning

1. Decree No. 27/2022/NĐ-CP of the Government.

2. Decision No. 39/2021/QĐ-TTg dated November 30, 2021, of the Prime Minister stipulating principles, criteria, allocation rates of central state budget capital and the matching local budget capital for implementing the National Target Program on Socio-Economic Development in Ethnic Minority and Mountainous Areas from 2021 to 2030, Phase I: from 2021 to 2025.

3. Decision No. 1719/QĐ-TTg dated October 14, 2021, of the Prime Minister approving the National Target Program on Socio-Economic Development in Ethnic Minority and Mountainous Areas from 2021 to 2030, Phase I: from 2021 to 2025 (hereinafter referred to as Decision No. 1719/QĐ-TTg).

4. Decision No. 809/QĐ-TTg dated July 12, 2022, of the Prime Minister approving the Sustainable Forestry Development Program for the period 2021-2025.

5. The Prime Minister's decision allocating plans for national target programs for five-year periods and annually.

6. Directive of the Prime Minister on building socio-economic development plans and state budget estimates annually; guidance of the Ministry of Planning and Investment, the Ministry of Finance; guidance on building plans to implement industry development targets and tasks by the Ministry of Agriculture and Rural Development; guidance on building goals, tasks, contents, and activities to implement national target programs by the National Ethnic Committee (Program Leader).

7. Results of the Program and Sub-project 1 in the previous year.

8. Current state policies, technical standards, economic and technical norms, and expenditure norms according to current regulations.

Article 5. Content of the Plan

1. The annual plan content includes:

a) Evaluation of the implementation of the Program and Sub-project 1 in the previous year (including results of target achievement and tasks; situation of mobilization, allocation, and management of state budget funds and other resources);

b) Context and forecast of favorable conditions, difficulties, and challenges for forest protection and development work at ministries, sectors, and localities during the planning period;

c) Specific objectives and tasks to implement the Program and Sub-project 1 during the planning period;

d) Contents, activities, planned funding levels, and sources of funding for implementing the Program and Sub-project 1;

đ) Measures and organization of plan implementation;

e) Monitoring and evaluation of plan implementation.

2. The plan to implement the Program and Sub-project 1 shall be prepared in accordance with the guidelines set out in Appendix I attached to this Circular.

Article 6. Procedures for preparing and implementing the plan to carry out the Program and Sub-project 1

1. The annual plan to implement the Program and Sub-project 1 by ministries, sectors, and localities shall be prepared concurrently with the socio-economic development plan, the plan to implement national target programs, the public investment plan, and the annual state budget estimate.

2. Before June 30 each year, organizations and project sponsors shall prepare the plan to implement the Program and Sub-project 1 for the following year and submit it to the Program's permanent office at the ministry, sector, or locality for consolidation, specifically:

a) For the Program: The specialized agency assigned the task by the ministry or sector shall consolidate and prepare the plan to implement the Program within their respective jurisdictions; the People's Committee of the district shall consolidate and prepare the plan to implement the Program for organizations, project sponsors, households, and individuals under its jurisdiction; organizations and project sponsors under the provincial People's Committee or departments shall consolidate and prepare the plan to implement the Program for their units;

b) For Sub-project 1: The People's Committee of the district shall consolidate and prepare the plan to implement Sub-project 1 for organizations, project sponsors, households, and individuals under its jurisdiction; organizations and project sponsors under the provincial People's Committee or departments shall consolidate and prepare the plan to implement Sub-project 1 for their units.

3. Before July 15 each year, the specialized agencies and units assigned the task shall consolidate the plan to implement the Program and Sub-project 1 for the following year for ministries, sectors, and localities, specifically:

a) For the Program: The specialized agency assigned the task (for ministries and sectors), the Provincial Program Permanent Office, and the provincial specialized agency shall consolidate the plan to implement the Program for the following year for their ministries, sectors, and localities, and send it to relevant units for comments (for ministries and sectors); submit it to the Provincial Steering Committee for the Program for review and approval before sending it to the Ministry of Agriculture and Rural Development (Program Leader), the Ministry of Planning and Investment, and the Ministry of Finance;

b) For Sub-project 1: The agency or unit assigned the task shall consolidate the plan to implement Sub-project 1 for the following year for their locality, send it to the Department of Agriculture and Rural Development for consolidation and submission to the provincial People's Committee (the local authority responsible for the national target program), and simultaneously send it to the Ministry of Agriculture and Rural Development (Sub-project Leader).

4. Before July 31 each year, ministries, sectors, and localities shall consolidate the plan to implement the Program and Sub-project 1 for the following year, specifically:

a) For the Program: Send it to the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, and the Ministry of Finance for consolidation;

b) For Sub-project 1: Send it to the Ministry of Agriculture and Rural Development for consolidation of the plan and funding requirements for Sub-project 1, send it to the National Ethnic Minorities Commission for consolidation.

5. Before August 15 each year, the Central Program Steering Committee Office and the specialized agency assigned the task shall consolidate and submit to the Ministry of Agriculture and Rural Development the proposed plan to implement the Program for the following year nationwide, and send it to the Ministry of Planning and Investment and the Ministry of Finance.

6. Before December 31 each year, ministries, sectors, and localities implementing the Program shall allocate targets, tasks, and detailed annual state budget estimates to subordinate agencies and units according to the Program's content and items.

For Sub-project 1, the allocation and implementation of the plan shall be carried out in accordance with Decree No. 27/2022/NĐ-CP and related guiding documents for implementing Decision No. 1719/QĐ-TTg.

Chapter III

FOREST ACTIVITIES USING STATE BUDGET FUNDS FOR THE SUSTAINABLE FORESTRY DEVELOPMENT PROGRAM

 FUNDING FOR THE SUSTAINABLE FORESTRY DEVELOPMENT PROGRAM

Section 1

ACTIVITIES USING PROJECT FUNDS

Article 7. Forest Protection Contracting

1. Object of forest

The area of forest assigned by the State to the Management Board of Special Purpose Forests and the Management Board of Protective Forests; the area of special purpose forests and protective forests assigned by the State to economic organizations and armed units for management; the area of forest not yet assigned or leased managed by the People's Committee of communes, towns, wards (hereinafter referred to collectively as the People's Committee of communes).

2. Party contracting for forest protection:

a) The Management Board of Special Purpose Forests; the Management Board of Protective Forests; Agricultural and Forestry Companies as stipulated in Clause 1, Article 2 of Decree No. 168/2016/ND-CP dated December 27, 2016 of the Government on forest contracting, orchard areas, and water surface areas within the Management Boards of Special Purpose Forests and Protective Forests and State-owned Limited Liability Companies in agriculture and forestry (hereinafter referred to as Decree No. 168/2016/ND-CP);

b) Organizations and units assigned forests as stipulated in Clauses 2, 3, and 4, Article 8 of the Forest Law;

c) The People's Committee of communes.

3. Party accepting forest protection contracting:

a) Households and individuals legally residing in the locality (commune, town, ward) in accordance with the Law on Residence 2020; community residents in accordance with the Forest Law 2017 where the contracting object is located;

b) Armed forces stationed in the area and social-political organizations at the local level.

4. Criteria for determining the contracting party and the accepting party: Implemented according to Article 4 of Decree No. 168/2016/ND-CP. For the area of forest not yet assigned or leased managed by the People's Committee of communes, the area of forest assigned to organizations and units for management, the contracting party is the People's Committee of communes, organizations, and units managing, and the accepting party is the subject stipulated in Clause 3 of this Article.

5. Level of support and limit of forest protection contracting:

a) Level of support: According to Clause 3, Article 6 of Decision No. 38/2016/QĐ-TTg dated September 14, 2016

b) Limit of contracted forest area: Implemented according to the provisions of Clause 2, Article 6 of Decree No. 168/2016/NĐ-CP.

6. For the area of forest assigned to the Management Board of Special Purpose Forests and Forestry Companies using the funding supported for forest protection as stipulated in Articles 8 and 9 of this Circular to implement forest protection contracting; the contracting level is implemented according to Clause 5 of this Article.

7. Method of forest protection contracting:

a) Implemented through annual forest protection contracting contracts as stipulated in Article 8 of Decree No. 168/2016/ND-CP;

b) Annually, the contracting party has the responsibility to inspect and evaluate the results of the contract implementation for the accepting party according to Circular No. 15/2019/TT-BNNPTNT dated October 30, 2019 of the Minister of Agriculture and Rural Development guiding certain contents of forest engineering management (hereinafter referred to as Circular No. 15/2019/TT-BNNPTNT).

Article 8. Management and protection of special purpose forests, support for communities in buffer zones of special purpose forests

1. Support objects: Management Board of Special Purpose Forests, communities in buffer zones of special purpose forests.

2. Content of support:

a) Funding for the Management Board of Special Purpose Forests to organize hiring and contracting for forest protection; purchasing equipment for forest management and protection; other activities approved by the competent authority;

b) Investment support for communities in buffer zones, including: Enhancing production development capacity (agricultural extension, forestry extension, seeds, livestock breeds, small-scale agricultural and forestry product processing equipment); supporting building materials for villages (for communal facilities of the community such as clean water, street lighting, communication, village roads, cultural houses...).

3. Level of support:

a) Funding for the management and protection of special purpose forests: According to Clause 2, Article 7 of Decision No. 24/2012/QĐ-TTg dated June 1, 2012 of the Prime Minister on investment policies for developing special purpose forests during the period 2011-2020 (hereinafter referred to as Decision No. 24/2012/QĐ-TTg);

b) Funding for supporting communities in buffer zones of special purpose forests: According to Clause 1, Article 8 of Decision No. 24/2012/QĐ-TTg.

4. Method of support: Annual support according to the budget approved by the competent authority in accordance with the laws on state budget.

Article 9. Support for protecting production forests which are natural forests during the closure period

1. Objectives of forests:

a) Production forests are natural forests managed by forestry companies;

b) Production forests are natural forests managed by Specialized Forest Management Boards, Protective Forest Management Boards, organizations, households, individuals, community groups, People's Committees at commune level outside areas classified as Zone II and Zone III according to Decision No. 861/QĐ-TTg dated June 4, 2021 of the Prime Minister approving the list of communes in Zone III, Zone II, and Zone I in ethnic minority and mountainous regions for the 2021-2025 period.

2. Recipients of support:

a) Forestry companies;

b) Specialized Forest Management Boards, Protective Forest Management Boards, organizations, households, individuals, community groups, People's Committees at commune level, with support implementation starting from 2023.

3. Criteria for support:

a) Belonging to the category specified in Clause 2 of this Article;

b) Possess a land use right certificate or decision on land allocation, lease, or forest allocation by competent authorities. For areas managed by People's Committees at commune level, there must be a Decision announcing the current status of the forest at district level;

c) The results of forest protection must be inspected and accepted.

4. Level of support:

a) Forestry companies: Apply the provisions stipulated in Clause 3, Article 6 of Decision No. 38/2016/QĐ-TTg;

b) Forest Management Boards, People's Committees at commune level, households, individuals, community groups, organizations allocated production forests which are natural forests by the State according to regulations of the Ministry of Finance on managing and using state budget funds to implement the Program.

5. Method of support based on annual forest protection results:

a) Forestry companies: Results are inspected and accepted by competent authorities according to Circular No. 15/2019/TT-BNNPTNT;

b) Forest Management Boards, organizations allocated production forests which are natural forests, People's Committees at commune level: Annual support based on approved budgets according to laws on state budget;

c) Households, individuals, community groups: Annually, People's Committees at commune level lead and coordinate with local forest rangers to inspect and evaluate the results of forest protection for each recipient according to Circular No. 15/2019/TT-BNNPTNT. Annual inspection results serve as the basis for payment and settlement of funds.

Article 10. Encirclement and nurturing to promote natural regeneration of forests

1. Encirclement and nurturing to promote natural regeneration:

a) Encirclement targets: Areas planned for protective forests, special-use forests, production forests that meet the criteria specified in Clause 1, Article 4 of Circular No. 29/2018/TT-BNNPNT dated November 16, 2018 of the Minister of Agriculture and Rural Development regarding forest management measures (hereinafter referred to as Circular No. 29/2018/TT-BNNPNT);

b) Recipients of support: Organizations, individuals, households, community groups implementing encirclement and nurturing to promote natural regeneration on areas planned for protective forests, special-use forests, production forests which are natural forests allocated;

c) Criteria for support: Belonging to the categories specified in point a and point b of this clause; possess a land use right certificate or decision on land allocation or lease by competent authorities or have been using the land stably for three years or more without disputes; implement encirclement and nurturing to promote natural regeneration and be inspected and accepted;

d) Level of support: Apply the provisions stipulated in point a, Clause 4, Article 6 of Decision No. 38/2016/QĐ-TTg;

đ) Method of support: Based on the results of encirclement and nurturing to promote natural regeneration of the recipients specified in point b of this clause, inspected according to Circular No. 15/2019/TT-BNNPTNT.

2. Encirclement and nurturing to promote natural regeneration with supplementary planting:

a) Encirclement targets: Areas planned for protective forests, special-use forests, production forests that meet the criteria for encirclement and nurturing to promote natural regeneration with supplementary planting as specified in Clause 1, Article 5 of Circular No. 29/2018/TT-BNNPNT;

b) Recipients of support: Organizations, individuals, households, community groups implementing encirclement and nurturing to promote natural regeneration with supplementary planting of forestry trees.

For households of ethnic minorities and poor households of the Kinh people in communes classified as Zone II and Zone III, follow the provisions of Article 19 of this Circular.

c) Criteria for support: Belonging to the categories specified in point a and point b of this clause; possess a land use right certificate or decision on land allocation or lease by competent authorities or have been using the land stably for three years or more without disputes; implement encirclement and nurturing to promote natural regeneration with supplementary planting according to approved design and budget and be inspected and accepted;

d) Level of support: Apply the provisions stipulated in point b, Clause 4, Article 6 of Decision No. 38/2016/QĐ-TTg;

đ) Method of support: Based on the results of encirclement and nurturing to promote natural regeneration with supplementary planting of forestry trees by the recipients specified in point b of this clause, inspected according to Circular No. 15/2019/TT-BNNPTNT.

Article 11. Issuance of Sustainable Forest Management Certificate

1. Recipients of support: Communities, groups of households, individual households, and individuals with forest areas certified for sustainable forest management by organizations that issue such certificates, provided they meet the conditions stipulated in point a, Clause 2, Article 17 of Circular No. 28/2018/TT-BNNPTNT dated November 16, 2018 issued by the Minister of Agriculture and Rural Development on sustainable forest management.

2. The level of support, form of support, and conditions for receiving support shall be implemented according to the provisions of Clauses 5, 6, and 7 of Article 5 of Decision No. 38/2016/QĐ-TTg.

Article 12. Support for Scattered Tree Planting Activities

1. Recipients of support: Organizations, individual households, individuals, and communities implementing scattered tree planting activities.

2. Content of support:

a) Support for organizing mass tree planting campaigns during the New Year and other scattered tree planting activities;

b) Support for monitoring, supervising, and urging the implementation of scattered tree planting activities; implementing the One Billion Green Trees Project for the period 2021-2025 as stipulated in Decision No. 524/QĐ-TTg dated April 1, 2021 of the Prime Minister;

c) Partial funding support for purchasing seedlings for scattered tree planting.

3. The level of support, form of support, and conditions for receiving support shall be implemented according to the provisions of Article 5 of Decision No. 38/2016/QĐ-TTg.

4. Method of support: Annual support according to the budget approved by the competent authority in accordance with the laws on state budget.

Article 13. Forest Protection at the Grassroots Level (Commune Level)

1. Recipients of support: People's Committees at the commune level implementing Decision No. 07/2012/QĐ-TTg dated February 8, 2012 of the Prime Minister on certain policies to strengthen forest protection work.

2. Content of support:

a) Organizing management and protection of forest areas directly managed by the People's Committee at the commune level, including: maintaining the operation of people's forest protection teams; disseminating and educating the public about forest protection laws; hiring labor for forest protection, fire prevention, and firefighting, and other activities related to forest management and protection;

b) Organizing activities against illegal logging, fire prevention, and firefighting, including: developing fire prevention and firefighting plans; conducting firefighting drills; training participants in firefighting; supporting those injured while participating in forest protection and firefighting; activities of the Command Post dealing with urgent issues in forest protection and firefighting at the commune level.

3. Level of support: As stipulated in Clause 1, Article 3 of Decision No. 07/2012/QĐ-TTg dated February 8, 2012 of the Prime Minister on certain policies to strengthen forest protection work.

For natural production forests directly managed by the People's Committee at the commune level, this shall be carried out according to Article 9 of this Circular.

4. Method of support: Annual support according to the budget approved by the competent authority in accordance with the laws on state budget.

Article 14. Regular Activities of the Steering Committee and the Office of the Steering Committee of the Program

1. Activities of the Steering Committee: Organizing inspections of the implementation of the Program; surprise inspections of key areas of illegal logging, fire prevention and firefighting, and illegal timber trade; other tasks as stipulated in the Working Regulations of the Steering Committee.

2. Activities of the Office of the Steering Committee and the Provincial-level Program Office: Carried out according to the plan approved by the Steering Committee.

3. Operating funds for the Steering Committee, the Office of the Steering Committee, and the Provincial-level Program Office:

a) Central level: Operating funds for the Steering Committee and the Office of the Steering Committee are allocated from the annual budget of the Ministry of Agriculture and Rural Development. For specific activities of the Program, they are implemented according to the approved budget of the Program;

b) Provincial level: Operating funds for the Steering Committee and the Provincial-level Program Office are allocated from the annual provincial budget. For specific activities of the Program, they are implemented according to the approved budget by the competent authority.

Article 15. Special activities and projects

1. Special activities and projects under the Program include:

a) Fire prevention and firefighting work in forests; construction, completion, operation of an automatic forest fire detection and deforestation monitoring system; training to enhance capacity for forest rangers and forest protection forces; patrolling to crack down on illegal logging and handle violations in forestry; forest inventory, statistics, and monitoring of forest resource changes;

b) Collection of forest biological specimens; protection and development of endangered and precious forest plant and animal species; conservation and monitoring of biodiversity in forest ecosystems; rescue of endangered forest plants and animals; environmental education; museums; control of forest pests; measurement and marking of forest boundary lines;

c) Enhancement of sustainable forest management capacity;

d) Investigation, assessment, and supervision of national forest resources; application of advanced technology in forest management, investigation, and supervision; development of information management systems and digital transformation in forestry;

đ) Tasks and solutions to implement the Strategy, Program, project, and approved projects by competent authorities;

e) Inspection, supervision, and evaluation of the Program; enhancement of capacity for supervision and evaluation in the forestry sector; other activities approved by competent authorities.

2. Implementation method: Units and localities shall build, approve, and implement activities and projects directly managed by them in accordance with the content and relevant laws, including the State Budget Law.

a) The Ministry of Agriculture and Rural Development shall build, approve, and implement activities and projects managed by units under its jurisdiction;

b) Ministries, sectors, and localities shall build, approve, and implement activities and projects directly managed by units under their jurisdiction.

Section 2

ACTIVITIES USING DEVELOPMENT INVESTMENT FUNDS

Article 16. Forestry activities using development investment funds

1. Priority investment and support investment activities from the Program: In accordance with the content stipulated in Section IV, Article 1 of Decision No. 809/QĐ-TTg dated July 12, 2022, approving the Sustainable Forestry Development Program for the period 2021-2025 issued by the Prime Minister.

2. Investment methods: Implemented according to the Public Investment Law, the medium-term public investment plan for the state budget for the period 2021-2025, and related guiding documents.

Chapter IV

FORESTRY ACTIVITIES USING OPERATING FUNDS FOR SUB-PROJECT 1

Article 17. Forest protection support

1. Forest area: The area of forest transferred by the State to the Forest Protection Management Board; special-use forests and protective forests transferred by the State to economic organizations for management; natural forest areas directly managed by the People's Commune Council.

2. Recipients of support:

a) Minority ethnic households, poor Han households living stably in communes with difficult socio-economic conditions (areas II and III) in ethnic minority and mountainous regions, as defined by the Prime Minister (hereinafter referred to as household), are eligible to receive forest protection contracts;

b) Village communities in communes with difficult socio-economic conditions (areas II and III) in ethnic minority and mountainous regions, as defined by the Prime Minister (hereinafter referred to as community), are eligible to receive forest protection contracts.

3. Contracting party and recipient party:

a) The contracting party includes: Forest Protection Management Boards, economic organizations, and People's Commune Councils;

b) The recipient party includes: Households, community residents.

4. Level of support and contract limit for forest protection:

a) The level of support for forest protection contracts: According to point a, Clause 3, Article 3 of Decree No. 75/2015/NĐ-CP dated September 9, 2015 of the Government on mechanisms and policies for forest protection and development, linked to poverty reduction policies and support for ethnic minorities for the period 2015-2020 (hereinafter referred to as Decree No. 75/2015/NĐ-CP);

b) Limit on the area of forests contracted for support: Implemented in accordance with the provisions of Clause 2, Article 6 of Decree No. 168/2016/NĐ-CP.

5. For the forest area transferred to the Special-Use Forest Management Board for management, the funding for forest protection support as stipulated in Article 8 of this Circular shall be used to implement forest protection contracts for the subjects specified in Clause 2 of this Article; the level of forest protection contracts shall be implemented according to point b, Clause 4 of this Article.

6. Contracting methods:

a) Implemented through annual forest protection contracting contracts as stipulated in Article 8 of Decree No. 168/2016/ND-CP;

b) Annually, the contracting party has the responsibility to inspect and evaluate the results of the contract implementation by the receiving party according to Circular No. 15/2019/TT-BNNPTNT;

c) The annual inspection results serve as the basis for the contracting party to settle and finalize the expenses.

Article 18. Forest Protection Support

1. Forest Object: Protective forests and production forests are natural forests.

2. Recipients of Support: Households and community residents in Communes in Zone II and Zone III who implement the protection of assigned areas of protective forests and natural production forests.

3. Criteria for support:

a) Belonging to the category specified in Clause 2 of this Article;

b) Having a land use right certificate or a decision on land allocation or forest allocation from the competent authority, or having been using the land stably for three years or more without disputes;

c) Being accepted by the People's Committee of the commune for the results of forest protection.

4. Level of Support: In accordance with point a, Clause 3, Article 4 of Decree No. 75/2015/NĐ-CP.

5. Method of Support: Implemented based on the results of forest protection by the recipients specified in Article 2 of this Article, specifically:

a) Annually, the People's Committee of the commune shall take the lead and coordinate with the local forestry inspection agency to inspect and evaluate the results of forest protection for each recipient according to Circular No. 15/2019/TT-BNNPTNT;

b) The annual inspection results serve as the basis for payment and settlement of funds.

Article 19. Support for Encirclement and Promotion of Natural Regeneration with Supplementary Planting

1. Encirclement Object: Areas of land planned for protective forest and production forest development that meet the criteria set out in Article 5 of Circular No. 29/2018/TT-BNNPNT for encirclement and promotion of natural regeneration with supplementary planting.

2. Recipients of Support: Households implementing encirclement and promotion of natural regeneration with supplementary planting on assigned areas of protective forest and natural production forest land.

3. Criteria for support:

a) Belonging to the category specified in Clause 2 of this Article;

b) Having a land use right certificate or a decision on land allocation from the competent authority;

c) Implementing encirclement and promotion of natural regeneration with supplementary planting in accordance with the approved design and budget as stipulated in Circular No. 15/2019/TT-BNNPTNT. The local approval agency for the design and budget is determined by the Chairman of the Provincial People's Committee;

d) Being accepted by the People's Committee of the commune for the results of encirclement and promotion of natural regeneration with supplementary planting.

4. Level of Support: In accordance with point b, Clause 3, Article 4 of Decree No. 75/2015/NĐ-CP.

5. Method of Support: Implemented based on the results of encirclement and promotion of natural regeneration with supplementary planting by the recipients specified in Article 2 of this Article. Implementation details follow the guidance at point a and point b, Clause 5, Article 18 of this Circular.

Article 20. Support for Planting Production Forests with Timber Trees and Non-Timber Forest Products

1. Planting Object: Areas of forestry land planned for development of production forests as stipulated in Circular No. 29/2018/TT-BNNPNT.

2. Recipients of Support: Households implementing planting of production forests with timber trees and non-timber forest products on assigned areas of forestry land planned for development of production forests.

3. Criteria for support:

a) Belonging to the category specified in Clause 2 of this Article;

b) Having a land use right certificate or a decision on land allocation or lease from the competent authority, or having been using the land stably for three years or more without disputes;

c) Implementing planting of production forests with timber trees and non-timber forest products in accordance with the approved design and budget as stipulated in Circular No. 15/2019/TT-BNNPTNT for investment support. The local approval agency for the design and budget is determined by the Chairman of the Provincial People's Committee;

d) Being accepted by the People's Committee of the commune for the results of planting production forests.

4. Level of Support: In accordance with Clause 2, Article 5 of Decree No. 75/2015/NĐ-CP.

5. Method of Support: Implemented based on the results of planting production forests by the recipients specified in Article 2 of this Article. Implementation details follow the guidance at point a and point b, Clause 5, Article 18 of this Circular.

6. Form of Support: In accordance with Clause 6, Article 5 of Decision No. 38/2016/QĐ-TTg.

Article 21. Support for Protective Forest Planting

1. Subject of protective forest planting: The area of forestry land planned for protective forest planting as stipulated in Circular No. 29/2018/TT-BNNPNT.

2. Recipients of support: Households implementing protective forest planting on forestry land planned for protective forest planting that have been assigned.

3. Criteria for support:

a) Belonging to the category specified in Clause 2 of this Article;

b) Having a land use right certificate or a decision on land allocation or lease from the competent authority, or having been using the land stably for three years or more without disputes;

c) Implement protective forest planting in accordance with the approved design and budget as prescribed in Circular No. 15/2019/TT-BNNPTNT for investment support form. The local authority approving the design and budget shall be decided by the Chairman of the Provincial People's Committee.

d) Be inspected and accepted by the People's Committee of the commune regarding the results of protective forest planting.

4. Level of support: Implemented according to the provisions of Clause 1, Article 6 of Decision No. 38/2016/QĐ-TTg.

5. Method of support: Based on the results of protective forest planting by the subjects specified in Clause 2 of this Article. Implementation details follow the guidance at Point a and Point b of Clause 5, Article 18 of this Circular.

6. Form of Support: In accordance with Clause 6, Article 5 of Decision No. 38/2016/QĐ-TTg.

Article 22. Rice Subsidy for Forest Protection and Development

1. Recipients of subsidy: Ethnic minority households, poor Han households participating in forest protection, encirclement and promotion of natural regeneration with supplementary planting, protective forest planting, production forest planting, and non-timber forest product development on assigned forestry land until they can self-sustain food. The Chairman of the Provincial People's Committee shall specifically determine poor households unable to self-sustain food.

2. Level of subsidy: 15 kg of rice per person per month or equivalent cash value based on the price of 15 kg of rice per person per month at the time of subsidy (according to the local price announcement), during the period when they cannot self-sustain food. The Chairman of the Provincial People's Committee decides the specific recipients and level of subsidy based on the area and number of persons suitable for the actual conditions of the locality, but not exceeding 7 years.

3. Criteria for rice subsidy:

a) Belonging to the category specified in Clause 1 of this Article;

b) Having a certificate of land use rights or decision on land allocation or lease from the competent authority, or having stable land use for over three years without disputes for the subjects supported under Articles 18, 20, and 21 of this Circular; implementing forest protection as stipulated in Article 18; encircling and promoting natural regeneration with supplementary planting as stipulated in Article 19; planting production forests with timber trees and non-timber forest products as stipulated in Article 20, and protective forest planting as stipulated in Article 21 of this Circular, annually accepted by the competent authority regarding the implementation results;

c) Having a contract for forest protection assignment as stipulated in Clause 6, Article 17; implementing forest protection assignment as stipulated in Article 17 of this Circular, annually accepted by the competent authority regarding the implementation results.

4. Type of subsidized rice according to the current national technical standard for national rice reserves. The Provincial People's Committee considers prioritizing the provision of suitable rice types based on usage needs or produced locally.

5. Implementation of rice subsidy:

a) The Provincial People's Committee assigns tasks to project investors or organizations/subordinate units to build projects for rice subsidies for forest protection, encirclement and promotion of natural regeneration with supplementary planting, protective forest planting, production forest planting, and non-timber forest product development; organizing rice distribution to each household in the project area periodically at village levels where the households reside. Depending on the actual situation in the locality, the Provincial People's Committee decides the frequency of subsidies, the amount per subsidy, but not more than once every three months;

b) Based on the approved project and guidance in this Circular, the project investor or organization/subordinate unit assigned to provide rice subsidies compile a list of participating households and the quantity of subsidized rice for each household using Form No. 01 and Form No. 02 attached as Appendix II of this Circular;

c) Rice subsidy begins when households start implementing forest protection, encirclement and promotion of natural regeneration with supplementary planting, protective forest planting, production forest planting, and non-timber forest product development, and complete the application forms using Form No. 03 and Form No. 04 attached as Appendix II of this Circular.

Chapter V

INSPECTION, SUPERVISION, EVALUATION AND REPORTING SYSTEM FOR IMPLEMENTATION

Section 1

INSPECTION, SUPERVISION, AND EVALUATION OF PROGRAM IMPLEMENTATION

Article 23. Inspection and Supervision of the Program

1. The Steering Committee of the Program, the Ministry of Agriculture and Rural Development, relevant ministries, sectors, and localities shall inspect and supervise the entire process of implementing the Program according to their functions and tasks.

2. Contents of inspection and supervision of the Program:

a) The situation regarding the implementation of regulations on planning and allocating plans for the implementation of the Program; monitoring and evaluating the Program;

b) The situation regarding the implementation of the Program: Results of achieving objectives and tasks; management, utilization, disbursement of funds, and outstanding debts;

c) Organizational and coordination work for the implementation of the Program.

3. Time of inspection and supervision: Carried out regularly (or at random) according to the work plan of the Program Steering Committee, relevant ministries, sectors, and localities.

Article 24. Evaluation of the Implementation of the Program

1. Evaluation of the Program includes: Mid-term evaluation, final evaluation, ad hoc evaluation of the implementation situation of the Program, and impact assessment of the Program.

2. Contents of evaluation:

a) Mid-term evaluation of the implementation situation of the Program, including: The appropriateness of the results of the Program's implementation compared to its objectives; the degree of completion of the Program's objectives and tasks up to the evaluation time compared to the plan; the situation of mobilizing, allocating, and using funds for the Program's implementation; proposals for necessary solutions to achieve the Program's objectives and tasks in the next phase (including proposals to adjust the Program if necessary);

b) Final evaluation of the Program, including: Evaluation of management, operation, and organization of the Program's implementation; evaluation of coordination, cooperation, and responsibility of related agencies during the management and operation of the Program's implementation; results of achieving specific targets, indicators, and tasks of the Program; evaluation of the results of mobilizing, allocating, and using funds for the Program's implementation;

c) Ad hoc evaluation of the Program's implementation when unexpected issues arise or at the request of authorized agencies. The contents of the evaluation include: The contents prescribed in point a of this clause; identification of unexpected occurrences (if any), reasons for unexpected occurrences, and the responsibilities of related agencies, organizations, and individuals; impacts of unexpected occurrences on the Program's implementation and the ability to complete the Program's objectives;

d) Impact assessment of the Program includes: Economic and social impacts; sustainability of the Program; impacts on beneficiaries of the Program.

3. Organization of Program Evaluation:

a) The Forestry General Department is responsible for advising the Ministry of Agriculture and Rural Development to organize the comprehensive evaluation of the Program according to the contents prescribed in Clause 2 of this Article;

b) Relevant ministries, sectors, and people's committees at all levels are responsible for organizing the evaluation of the Program within their jurisdiction according to the contents prescribed in Clause 2 of this Article.

4. Agencies and organizations conducting evaluations: Based on actual conditions and job requirements, relevant ministries, sectors, and localities may conduct self-evaluations or hire independent consultants to evaluate the Program.

Section 2

INSPECTION, SUPERVISION, AND EVALUATION OF SUB-PROJECT 1 IMPLEMENTATION

Article 25. Inspection, Supervision, and Evaluation of the Implementation of Sub-project 1

1. Monitoring, inspection, and supervision of the implementation of Sub-project 1:

a) The Ministry of Agriculture and Rural Development and localities shall follow up, inspect, and supervise the entire process of implementing Sub-project 1.

b) The contents of monitoring, inspection, and supervision of Sub-project 1 shall be carried out in accordance with the provisions of Clause 3, Article 30 of Decree No. 27/2022/NĐ-CP.

2. Evaluation of Sub-project 1:

a) The Ministry of Agriculture and Rural Development and localities shall be responsible for organizing the evaluation of the entire Sub-project 1.

b) The content of the evaluation of Sub-project 1 shall be carried out in accordance with Article 31 of Decree No. 27/2022/NĐ-CP and the guidance provisions of the National Ethnic Committee and the Ministry of Agriculture and Rural Development.

Section 3

REPORTING REGIME FOR IMPLEMENTATION

Article 26. Reporting System

1. For the Program:

a) Quarterly, every six months, and annually (on the last day of the quarter, six-month period, and year), participating ministries and sectors and provincial Program Office, provincial specialized agencies assigned shall aggregate and report on the progress of the Program's implementation in their respective areas, sending the reports to the Central Program Steering Committee Office for consolidation. The content and reporting forms follow Appendix III issued together with this Circular;

b) On the last day of the quarter, six-month period, and year, the Central Program Steering Committee Office shall aggregate and report to the Minister of Agriculture and Rural Development;

c) The Central Program Steering Committee Office shall aggregate and report to the State Steering Committee on the Program semi-annually and annually.

2. For Sub-project 1:

a) Reporting on the implementation of Sub-project 1 is conducted concurrently with reporting on the Program's implementation; the Department of Agriculture and Rural Development and the agency responsible for aggregating and reporting on the implementation of Sub-project 1 in the area shall send the reports to the Ministry of Agriculture and Rural Development;

b) The content and reporting forms, and reporting procedures follow the guidelines on monitoring and evaluating the implementation of the national target program by the National Ethnic Committee and the content and reporting forms for the results of implementing the plan in Appendix III issued together with this Circular.

Article 27. Establishing Indicators, Forms, and Monitoring and Evaluation System

1. Building indicators and forms for monitoring and evaluating the Program and Sub-project 1:

a) The indicators and forms for monitoring and evaluating the Program include criteria and indicators to assess the implementation situation, results, impact assessment, information collection forms, linked to the implementation of the Strategy and forestry development targets.

b) Establishing indicators and forms for monitoring and evaluating Sub-project 1 must ensure consistency with the common indicators for monitoring and evaluating the implementation of the National Target Program as prescribed by the Committee for Ethnic Minorities.

2. Establishing and integrating indicators and forms for monitoring and evaluating the Program and Sub-project 1 into the monitoring and evaluation system for forestry development targets, associated with forestry statistical work.

3. Organizing updates, maintenance, management, and use of data in the information system implementing the Program and Sub-project 1 to ensure compliance with legal provisions on data sharing, information security, and current laws.

Updating information on Sub-project 1 on the national target program management system according to Article 32 of Decree No. 27/2022/NĐ-CP.

Chapter VI

IMPLEMENTATION

Article 28. Responsibilities of the Forestry General Department

1. Advising and assisting the Ministry of Agriculture and Rural Development, the Central Steering Committee in implementing the Program:

a) Directing and organizing the implementation of the Program nationwide; organizing the implementation of Sub-project 1 according to assigned tasks;

b) Directing and coordinating the implementation of proactive measures to prevent and respond to emergency situations in forest protection and firefighting; coordinating inspections and urging localities, units, and forest owners regarding forest protection and development.

2. Advising and guiding agencies, units, and localities in building plans, consolidating plans, and organizing the implementation of the Program and Sub-project 1.

3. Implementing, tracking, updating information, inspecting, and supervising the implementation of targets and tasks of the Program and Sub-project 1.

Article 29. Responsibilities of the Cooperative Economy and Rural Development Bureau, the Office of the Central Steering Committee for New Rural Areas

1. Cooperative Economy and Rural Development Bureau:

a) Advising and organizing the implementation of activities and tasks assigned by the Decision No. 1719/QĐ-TTg dated October 14, 2021 of the Prime Minister.

b) Participate in organizing the implementation, monitoring, inspecting, and supervising the deployment of Sub-project 1.

2. Office of the Central Steering Committee for New Rural Areas: Coordinating the implementation of related activities to implement the Program.

Article 30. Responsibilities of the Office of the Central Steering Committee for Implementing the Program

1. Preparing the work plan of the Steering Committee; preparing content, agendas, meetings, seminars, and reports as required by the Chairman of the Steering Committee.

2. Coordinating the consolidation and preparation of annual implementation plans for the Program.

3. Serving as the focal point for receiving, advising, and proposing the handling of documents from the Steering Committee and its members, submitted to the Chairman and Deputy Chairmen of the Steering Committee concerning areas related to the Program.

4. Organizing tracking, updating information, inspecting, and supervising the implementation of targets and tasks of the Program according to the annual plans of agencies, units, and localities; periodically organizing mid-term reviews and final evaluations of the Program's implementation results; establishing a database management and consolidation system for the Program nationwide.

5. Drafting budgets for the activities of the Steering Committee and the Office of the Central Steering Committee for Implementing the Program, submitting them for approval by competent authorities; managing and using human resources, funds, facilities, equipment, assets, and other resources allocated according to the law.

6. Coordinating with the Forestry General Department to guide agencies, units, and localities in building plans, consolidating plans, and organizing the implementation, inspection, supervision, and evaluation of Sub-project 1.

7. Performing other tasks assigned by the Central Steering Committee.

Article 31. Responsibilities of Ministries and Sectors Participating in the Program

1. Develop annual plans; coordinate with the Ministry of Agriculture and Rural Development to organize the implementation of the Program; take the lead in organizing the implementation of the Program within their respective Ministries and Sectors; manage and allocate capital plans for base projects.

2. Review, develop, appraise, and approve projects; organize the implementation and manage, evaluate, and inspect the results of projects under their management scope.

3. Guide, inspect, and urge project sponsors to implement assigned plans, receive and use funds in accordance with the provisions of the law.

4. Report on the results of implementing the Program; organize mid-term reviews and final evaluations of the Program according to the guidance of the Ministry of Agriculture and Rural Development.

Article 32. Responsibilities of the Provincial People's Committee

1. Organize guidance and direction in developing annual implementation plans for the Program; implement, monitor, evaluate, and report on the results of implementing the Program and Sub-project 1 in their jurisdiction.

2. Direct the Department of Agriculture and Rural Development to advise on reviewing, building, approving, and implementing local projects under the Program; establish plans, organize implementation, monitor, evaluate the Program and Sub-project 1 in their jurisdiction.

3. Direct the Department of Natural Resources and Environment to cooperate with the Department of Agriculture and Rural Development in determining boundaries and areas of special-use forest land, protective forest land, and production forest land until 2030; implement land allocation tied to forest allocation for organizations, individuals, and households according to approved planning.

4. Direct the Ethnic Minority Affairs Board to cooperate with the Department of Agriculture and Rural Development to implement the establishment of plans, organize implementation, monitor, supervise, and evaluate Sub-project 1 within its jurisdiction.

Article 33. Responsibilities of the Provincial Steering Committee Office for the Program

1. Develop work plans for the Provincial Steering Committee; prepare content, agendas for meetings, conferences, seminars, and reports as required by the Chairperson of the Provincial Steering Committee.

2. Coordinating the consolidation and preparation of annual implementation plans for the Program.

3. Serve as the focal point for receiving, advising, and proposing solutions to documents from the Steering Committee and members of the Provincial Steering Committee, submitting to the Chairperson and Deputy Chairperson of the Steering Committee regarding matters related to the Provincial Program.

4. Coordinate in organizing monitoring, updating information, inspecting, and supervising the implementation of targets and tasks of the Program according to the annual plan assigned to relevant agencies and units; regularly organize mid-term reviews and final evaluations of the Program's implementation in their jurisdiction.

5. Prepare budgets for activities of the Steering Committee and the Provincial Steering Committee Office, submitting to the competent authority for approval; manage the use of human resources, funds, facilities, equipment, assets, and other resources allocated according to the law.

6. Perform other tasks assigned by the Provincial Steering Committee.

Article 34. Implementation Clauses

1. This Circular takes effect from the date of issuance.

2. Repeal Circular No. 21/2017/TT-BNNPTNT dated November 15, 2017, issued by the Minister of Agriculture and Rural Development guiding the implementation of Decision No. 886/QĐ-TTg dated June 16, 2017.

3. In cases where laws or regulations cited in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replacing laws or regulations.

During the implementation of this Circular, if there are difficulties, agencies, organizations, and individuals shall promptly reflect them to the Ministry of Agriculture and Rural Development for consideration and amendment./.