Circular No. 127/2008/TT-BNN guiding the planting of rubber trees on forestry land

CIRCULAR

Guidelines for planting rubber on forestry land

______________________

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

WHEREAS, Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on the implementation of the Land Law;

On the basis of Decree No. 23/2006/NĐ-CP dated March 3, 2006 of the Government on the implementation of the Forest Protection and Development Law;

Pursuant to Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of the Prime Minister promulgating the Forest Management Regulations;

Pursuant to Decision No. 2855/QĐ/BNN-KHCN dated September 17, 2008 of the Minister of Agriculture and Rural Development regarding the announcement of rubber as a multi-purpose tree;

Pursuant to Circular No. 7670/VPCP-KTN dated November 7, 2008 of the Government Office on the implementation of new rubber plantations covering 100,000 hectares in the Central Highlands;

The Ministry of Agriculture and Rural Development hereby issues guidelines for planting rubber on forestry land as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

This Circular applies to units under the Ministry of Education and Training; departments of education and training, education and training divisions; preschool education institutions, general education institutions, regular education institutions, teacher training colleges, college of education, universities, universities, academies, other educational institutions, and related organizations and individuals (hereinafter referred to collectively as agencies and units).

1.1 Scope of application: This circular stipulates the conditions and procedures for planting rubber on forestry land that has been planned as production forests throughout the country.

1.2 Applicability: Organizations and individuals who are Vietnamese citizens, forest and forestry farms with forests and forestry land within the planning scope for developing rubber plantations; relevant state agencies involved in national management of forests and forestry land;

2 Principles and Conditions for Planting Rubber on Forestry Land

2.1 Planting rubber on forestry land must be based on a development plan approved by the People's Committee of the province.

2.2 Forestry land converted to rubber planting must meet standards suitable for the growth and development requirements of rubber and achieve high efficiency.

2.4 An environmental impact assessment must be conducted in accordance with Decree No. 21/2008/NĐ-CP dated February 28, 2008 of the Government amending and supplementing certain articles of Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Environmental Protection.

2.5 The conditions, types of forests, and forestry land converted to rubber planting must comply with the provisions of Clause 1 and Clause 2 of Section II of this Circular.

II. SPECIFIC PROVISIONS

Technical Standards for Rubber Planting Soil

Suitable soil for rubber planting must be located in areas with a climate suitable for rubber trees and must meet the following criteria:

1.1 Annual average temperature from 25-30°C; no frost in winter; annual average rainfall over 1,500 millimeters; few strong typhoons above Category 8;⁰1.2 Elevation below 700 meters above sea level (in northern mountainous regions below 600 meters);

1.3 Slope less than 30 degrees;

1.4 Minimum soil depth of 0.7 meters;

1.5 Groundwater depth greater than 1.2 meters and not flooded during rain;

1.6 Soil texture from light clay to heavy clay, with good drainage;

1.7 Percentage of gravel and stones in the cultivation layer < 50%;

1.8 Soil chemical properties: organic matter content in the surface soil layer > 1.0%, pH

kcl_{1.9 The layout of rubber planting soil must be designed according to the technical process, ensuring conditions for intensive cultivation and erosion control.}: 4,5 - 5,5;

2 Types of Forestry Land Suitable for Rubber Planting

The following types of forestry land may be converted to rubber planting if they meet the technical standards specified in Clause 1 of Section II of this Circular, including:

2.1 Planned vacant land for production forest planting, including:

2.1.1 Type I: Herbaceous cover is grassland;

2.1.2 Type I: Herbaceous cover is shrubland;_A2.1.3 Type I: Herbaceous cover has scattered trees.

2.2 Land with planted forests that are inefficient production forests._B2.3 Land with depleted natural forests belonging to production forests.

Depleted natural forests are in a state of degradation or poor development, lacking or having little capacity for recovery and development, and applying silvicultural measures such as forest nurturing, enrichment planting, and regeneration enclosure will yield low results, specifically:_C2.3.1 Bamboo and rattan forests (commonly referred to as bamboo forests);

2.3.2 Mixed wood forests and bamboo forests in a degraded or poorly developed state (as described above) and meeting the following forest volume criteria:

a. For provinces in the Central Highlands:

- Broadleaf evergreen and semi-deciduous wood forests have an average wood volume per hectare (hereinafter abbreviated as m

/ha) smaller than 110 m

/ha;

- Mixed wood and bamboo forests have an average wood volume per hectare smaller than 65 m

- Khmer (deciduous) forests have an average wood volume per hectare smaller than 50 m³b. For northern mountainous provinces:

- Broadleaf evergreen wood forests have an average wood volume per hectare smaller than 75 m³/ha;

- Mixed wood and bamboo forests have an average wood volume per hectare smaller than 40 m³/ha;

c. For other provinces:

- Broadleaf evergreen wood forests have an average wood volume per hectare smaller than 90 m³/ha;

- Mixed wood and bamboo forests have an average wood volume per hectare smaller than 50 m³/ha;

2.3.3 In cases where patches of forest in different states with an area of up to 3 hectares, interspersed within areas of forest meeting the volume criteria specified in Clause 2 of Section II of this Circular, may also be converted to rubber planting, subject to specific decisions by the provincial People's Committee.

3 Methods for Surveying, Determining Volume, and Harvestable Yield³/ha;

3.1 Determine the boundaries and area of the project region. Mark the boundaries of the harvesting area, calculate the area, and create a 1/5,000 scale map of the project region.³/ha;

- Mixed wood and bamboo forests have an average wood volume per hectare smaller than 40 m³/ha;

3.2 Establish standard plots (the total area of standard plots must be at least 2% of the area of the forest being converted to rubber planting) to collect data on height, diameter, species composition volume, total number of trees with a diameter > 25 cm, and estimated harvestable yield.

3.3 Collect data and calculate volume and harvestable yield:

a. Measure diameter: Measure the diameter at breast height (1.3m) of trees in the plot as prescribed:

- For natural forests, start measuring trees with a diameter of 10 cm or more, in 2 cm or 4 cm increments;

- For planted forests, start measuring trees with a diameter of 7 cm or more, in 2 cm increments.

b. Measure the top height of three trees with different diameter classes near the center of each plot, and calculate the average height of the stand by diameter class based on these measurements.

c. Calculate the average log volume, which is derived from determining the volume of each individual tree using the formula V = GHF, where:

- G is the cross-sectional area of the tree at D

- H is the average top height of the tree determined by diameter class as specified in point b, section 3.3 above.

c. Calculation of the average reservoir volume, which is compiled from determining the volume of each tree according to the formula V = GHF, where:

- G is the cross-sectional area of the tree at D_{Mixed forests with bamboo from 80 m}­;

- H is the average height above stump of the tree determined at point b, Section 3.3 mentioned above;

- F is the shape factor (for natural forests, F = 0.45; for planted forests, F = 0.5).

d. Calculate the volume of forest products harvested based on size, wood group, and estimate small wood products and firewood.

4. Procedure and authority to decide

4.1. On vacant land allocated: the investor decides independently.

4.2. On planted forest areas:

4.2.1. Planted forests funded by the investor's own capital: the investor decides independently.

4.2.2. Planted forests funded by state budget or aid.

a. For organizations: The investor prepares a rubber planting project to be reviewed by the Department of Agriculture and Rural Development and submitted to the Provincial People's Committee for approval. After the project is approved, the investor prepares a design for harvesting forest products, which is submitted to the competent authority for permission to harvest according to Article 27, Clause 3 of the Regulation on Logging of Timber and Other Forest Products issued together with Decision No. 40/2005/QĐ-BNN dated July 7, 2005 of the Ministry of Agriculture and Rural Development.

b. For households, individuals, and village communities: The investor submits a request to convert the forest to rubber planting, specifying the location, area proposed for rubber planting, and the volume of timber to be harvested, to be decided and granted permission by the District People's Committee.

4.3. On natural forest areas:

4.3.1. For organizations and enterprises:

a. Based on the rubber development plan, the investor selects specialized consulting units to investigate and determine criteria for land, forest stock, prepare a rubber planting project, and develop a design for harvesting forest products.

b. The Department of Agriculture and Rural Development leads the coordination with relevant provincial agencies to review the rubber planting project and the design for harvesting forest products.

c. Based on the review results, the Department of Agriculture and Rural Development submits the project to the Provincial People's Committee for approval.

d. After the project is approved, the Department of Agriculture and Rural Development grants permission to harvest forest products to the forest owner or the harvesting unit designated by the Provincial People's Committee. The harvesting of forest products can be carried out before or simultaneously with land clearing activities for rubber planting.

4.3.2. For households, individuals, and village communities:

The investor submits a request to convert the forest to rubber planting, specifying the location, area proposed for rubber planting, and the volume of timber to be harvested, to be decided and granted permission by the District People's Committee.

4.4. After completing the harvesting of forest products, within one year, new rubber must be planted; if not implemented, the forest owner will have to replant the forest on the harvested area and bear responsibility before the Chairman of the Provincial People's Committee.

5. Responsibilities of agencies and units in implementing rubber planting on forestry land

5.1. Consulting units are responsible to the Provincial People's Committee and the law for the accuracy of investigation results, data, and current status of land and forests in rubber planting projects on forestry land.

5.2. Units harvesting forest products are responsible to the Provincial People's Committee and the law for compliance with regulations on harvesting forest products, while being subject to inspection and supervision by functional sectors in the locality.

5.3. The Department of Agriculture and Rural Development is responsible for guiding and inspecting the implementation process of the forest owner and related units, bearing responsibility to the Provincial People's Committee and the Minister of Agriculture and Rural Development regarding the review results of land and forest conversion to rubber planting and the volume of forest products harvested.

5.4. The Forestry Department leads the coordination with the Forest Protection Department and related units to inspect projects converting forests to rubber planting. Report and propose timely handling of issues arising during implementation to the leadership of the Ministry of Agriculture and Rural Development.

5.5. The Crop Production Department leads the coordination with the Forestry Department and related units to monitor and compile plans for new rubber planting nationwide, regularly compiling results and reporting to the leadership of the Ministry of Agriculture and Rural Development.

III. IMPLEMENTATION PROVISIONS

1. This Circular takes effect 15 days from the date of publication in the Official Gazette.

2. This Circular replaces Circular No. 76/2007/TT-BNN dated August 21, 2007 of the Ministry of Agriculture and Rural Development on guiding the conversion of forests and forestry land to rubber planting in the Central Highlands and Circular No. 39/2008/TT-BNN dated March 3, 2008 of the Ministry of Agriculture and Rural Development, amending and supplementing certain contents of Circular No. 76/2007/TT-BNN dated August 21, 2007 of the Ministry of Agriculture and Rural Development on guiding the conversion of forests and forestry land to rubber planting in the Central Highlands.

3. In the course of implementation, if there are difficulties, organizations and individuals are requested to promptly reflect them to the Ministry of Agriculture and Rural Development for timely amendment and supplementation./.