Circular No. 13/2023/TT-BNNPTNT Amending and supplementing certain Articles of Circular No. 28/2018/TT-BNNPTNT dated November 16, 2018, issued by the Minister of Agriculture and Rural Development on sustainable forest management

CIRCULAR

Amending and supplementing certain articles of Circular No. 28/2018/TT-BNNPTNT

dated November 16, 2018 issued by the Minister of Agriculture and Rural Development

qon sustainable forest management

_________________

Based on Decree No. 105/2022/NĐ-CP dated 22/12/2022 of the Government qon functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

On the basis of Pursuant to the Forest Law November 15,2017;

At the proposal of CDirector CForest Department;

The Minister of Agriculture and Rural Development issues this Circular amending and supplementing certain articles of Circular No. 28/2018/TT-BNNPTNT dated November 16, 2018 issued by the Minister of Agriculture and Rural Development on sustainable forest management.

Article 1. Amending and supplementing certain articles of Circular No. 28/2018/TT-BNNPTNT dated November 16, 2018 issued by the Minister of Agriculture and Rural Development on sustainable forest management

1. Amending and supplementing Clause 3 and adding Clause 4 after Clause 3 of Article 3 as follows:

a) Amending and supplementing Clause 3 of Article 3 as follows:

"3. The maximum duration for implementing the sustainable forest management plan is 10 years from the date of approval. In cases where the forest belongs to the forest owner as stipulated in Clause 2 of Article 7 of the Forestry Law, the duration of the sustainable forest management plan shall be decided by the forest owner."

b) Adding Clause 4 after Clause 3 of Article 3 as follows:

"4. Adjusting the sustainable forest management plan:

a) In cases where the competent state authority decides to adjust the area of forests and forest land which significantly affects the purpose of the forest and the forest owner has the need to adjust the sustainable forest management plan to meet management, production, and business requirements, the forest owner shall submit the adjusted contents to the competent authority for approval. The procedures and formalities for adjusting the sustainable forest management plan of the forest owner shall be carried out in accordance with the provisions of Articles 11, 12a, and 13 of this Circular;

b) In cases where the forest owner needs to adjust the annual management plan within the approved sustainable forest management plan to meet practical and management, production, and business requirements, the forest owner may approve the adjustment plan themselves but without changing the sustainable forest management objectives of the plan. Immediately after approving the adjustment of the sustainable forest management plan, the forest owner must send one original copy to the competent authority that approved the forest owner's plan."

2. Amending and supplementing Point a Clause 3 of Article 4 as follows:

"a) Types of maps include: current status map of forests according to Vietnam Standard TCVN 11565:2016; current status map of land use according to regulations of the Ministry of Natural Resources and Environment; sustainable forest management map applied according to Vietnam Standard TCVN 11566:2016 showing the areas of various types of forests managed, protected, developed, used, and biodiversity conservation; forest-based infrastructure, eco-tourism, resort, and entertainment facilities according to the forest owner's sustainable forest management plan."

3. Amending and supplementing Article 8 as follows:

"Article 8. Sustainable forest management plan of the forest owner being households, individuals, or community groups

1. Encouraging forest owners who are households, individuals, community groups, or households, individuals forming cooperative groups voluntarily to build and implement sustainable forest management plans.

2. In cases where forest owners who are households, individuals, community groups, or households, individuals forming cooperative groups organize eco-tourism activities, the forest owner shall build a sustainable forest management plan and request the competent authority specified in Clause 1 of Article 12a of this Circular to approve it for implementation in accordance with the Forestry Law and forest management regulations.

3. The content of the sustainable forest management plan of the forest owner who is a household, individual, community group, or households, individuals forming cooperative groups as stipulated in this Article shall be implemented according to Model No. 02 Appendix III attached to this Circular."

4. Amending and supplementing Clause 2 of Article 9 as follows:

"2. The content of the sustainable forest management plan of the forest owner shall be implemented in accordance with the provisions of Articles 5, 6, 7, and Clause 3 of Article 8 of this Circular. The model of the sustainable forest management plan of the forest owner who is an organization shall be implemented according to Appendix II and the forest owner who is a household, individual, community group, or households, individuals forming cooperative groups shall be implemented according to Model No. 02 Appendix III attached to this Circular."

5. Amend and supplement Article 11 as follows:

"Article 11. Approval or adjustment of sustainable forest management plans by forest owners who are specialized forest management organizations under ministries and sectors.

1. The competent authority for approving or adjusting the sustainable forest management plan of the forest owner is the managing ministry or sector, or the specialized agency with the relevant functions authorized by the ministry or sector.

2. Documents:

a) Documents for approval of the plan:

- A proposal requesting approval of the sustainable forest management plan in accordance with Model No. 01 of Appendix IV issued together with this Circular;

- The sustainable forest management plan in accordance with Appendix II issued together with this Circular;

- Copies of various maps: current status of the forest, current land use status, and the original map of sustainable forest management in accordance with Clause 3, Article 4 of this Circular.

b) Documents for adjustment of the plan:

- A proposal requesting adjustment of the sustainable forest management plan in accordance with Model No. 04 of Appendix IV issued together with this Circular;

- The sustainable forest management plan in accordance with Appendix II issued together with this Circular, which has been adjusted, amended, and supplemented;

- Copies of various maps: current status of the forest, current land use status, and the original map of sustainable forest management in accordance with Clause 3, Article 4 of this Circular, which have been adjusted, amended, and supplemented.

3. Method of submitting documents: The forest owner submits one set of documents in accordance with point a or point b of Clause 2 of this Article to the competent authority as prescribed in Clause 1 of this Article directly or through postal service or electronic environment:

a) In case of direct submission of documents: The competent authority as prescribed in Clause 1 of this Article checks the components of the documents and immediately informs the forest owner about the completeness of the document components;

b) In case of submission of documents through postal service: Within no more than three working days from the date of receipt of the documents, the competent authority as prescribed in Clause 1 of this Article examines the completeness of the document components; if the documents are incomplete according to the regulations, it notifies the forest owner in writing and specifies the reasons;

c) In case of submission of documents through electronic environment: Within no more than one working day from the date of receipt of the documents, the competent authority as prescribed in Clause 1 of this Article examines the completeness of the document components; if the documents are incomplete according to the regulations, it notifies the forest owner and specifies the reasons. Submission of documents through electronic environment shall be carried out in accordance with Decree No. 45/2020/NĐ-CP dated April 8, 2020 of the Government on implementing administrative procedures in the electronic environment.

4. Procedure for implementation:

a) Within five days from the date of receipt of complete and valid documents, the competent authority as prescribed in Clause 1 of this Article seeks written opinions of the Ministry of Agriculture and Rural Development regarding the plan of forest owners under other ministries and sectors, People's Committees of provinces where the state has transferred land or forests to the forest owners, or leased land or forests to the forest owners, and related agencies and units concerning the contents of the plan;

b) Within ten days from the date of receipt of the opinion-seeking document, the agencies, units, and localities requested for opinions as prescribed in point a of this clause are responsible for replying in writing;

c) Within fifteen days from the date of receipt of the written opinions of the agencies and localities as prescribed in point b of this clause, the competent authority as prescribed in Clause 1 of this Article is responsible for compiling, evaluating, and perfecting the Report on the results of the review in accordance with Model No. 02 of Appendix IV issued together with this Circular; approving the sustainable forest management plan in accordance with Model No. 03 or approving the adjustment of the sustainable forest management plan in accordance with Model No. 05 of Appendix IV issued together with this Circular, and delivering the result to the forest owner directly at a one-stop service counter or through postal service or electronic environment. In case of non-approval or adjustment of the sustainable forest management plan, a written response must be given specifying the reasons.

6. Amending and supplementing Article 12 as follows:

"Article 12. Approval or adjustment of sustainable forest management plans by economic organizations that are forest owners

1. Economic organizations and armed forces units that are granted land or leased land by the State to plant production forests with their own capital; foreign-invested enterprises that are leased land by the State to plant production forests shall independently approve sustainable forest management plans according to Model No. 03 or adjust sustainable forest management plans according to Model No. 05 Appendix IV issued together with this Circular for implementation.

2. After approving or adjusting sustainable forest management plans in accordance with Clause 1 of this Article, within ten days from the date of approval, the forest owner must send one original copy of the Decision on approving the sustainable forest management plan or the Decision on approving the adjusted sustainable forest management plan to the Department of Agriculture and Rural Development where the forest owner was granted land or leased land by the State.

1. Armed patrols and guards.

"Article 12a. Approval or adjustment of sustainable forest management plans by forest owners who are households, individuals, community groups, or groups of households or cooperatives when organizing ecotourism activities

1. The competent authority to approve or adjust sustainable forest management plans of forest owners or representatives of groups of households or cooperatives is the People's Committee at district level.

2. Documents:

a) Documents for approval of the plan:

- A request for approval of the sustainable forest management plan according to Model No. 01 Appendix III issued together with this Circular;

- The sustainable forest management plan according to Model No. 02 Appendix III issued together with this Circular;

- Copies of various maps: current status of the forest, current land use status, and the original map of sustainable forest management in accordance with Clause 3, Article 4 of this Circular.

b) Documents for adjustment of the plan:

- A request for approval of the adjusted sustainable forest management plan according to Model No. 04 Appendix III issued together with this Circular;

- The sustainable forest management plan according to Model No. 02 Appendix III issued together with this Circular has been adjusted, revised, and supplemented;

- Copies of various maps: current status of the forest, current land use status, and the original map of sustainable forest management in accordance with Clause 3, Article 4 of this Circular, which have been adjusted, amended, and supplemented.

3. Method of submitting application dossier: The forest owner or representative of groups of households or cooperatives submits one set of dossier in accordance with point a or point b of Clause 2 of this Article to the competent authority as stipulated in Clause 1 of this Article directly or through postal service or electronic environment as prescribed in Clause 3 of Article 11 of this Circular.

4. Procedure for implementation:

a) Within three days from the date of receiving complete and valid dossier, the competent authority as stipulated in Clause 1 of this Article shall seek opinions in writing from relevant agencies and units about the content of the sustainable forest management plan;

b) Within seven days from the date of receiving the opinion-seeking document, the agencies and units whose opinions are sought as stipulated in point a of this clause shall be responsible for replying in writing;

c) Within twelve days from the date of receiving the documents of the agencies and units whose opinions are sought as stipulated in point b of this clause, the competent authority as stipulated in Clause 1 of this Article shall be responsible for compiling, evaluating, and completing the Report on the review results according to Model No. 02 Appendix IV issued together with this Circular; approving the sustainable forest management plan according to Model No. 03 or approving the adjusted sustainable forest management plan according to Model No. 05 Appendix III issued together with this Circular and delivering the result to the forest owner or representative of groups of households or cooperatives directly at a one-stop service center or through postal service or electronic environment. In case of not approving or adjusting the sustainable forest management plan, a written response with clear reasons must be provided.

8. Amend and supplement Article 13 as follows:

"Article 13. Approval or adjustment of sustainable forest management plans by forest owners that are organizations not falling within the scope of Articles 11 and 12 of this Circular

1. The competent authority to approve or adjust the sustainable forest management plan of the forest owner is the Provincial People's Committee.

2. The application dossier for approval or adjustment of the sustainable forest management plan of the forest owner shall be implemented in accordance with the provisions of Clause 2, Article 11 of this Circular.

3. Method of submitting the dossier: The forest owner submits one set of dossier in accordance with the provisions of Clause 2 of this Article directly to the Department of Agriculture and Rural Development or sends it through postal service or electronic environment:

a) In case of direct submission of the dossier: The Department of Agriculture and Rural Development checks the dossier components and immediately informs the forest owner about the completeness of the dossier components;

b) In case of submission of the dossier through postal service: Within a period not exceeding three working days from the date of receipt of the dossier, the Department of Agriculture and Rural Development examines the completeness of the dossier components; in case the dossier is incomplete according to the regulations, a written notification must be issued to the forest owner specifying the reasons;

c) In case of submission of the dossier through the electronic environment: Within a period not exceeding one working day from the date of receipt of the dossier, the Department of Agriculture and Rural Development examines the completeness of the dossier components; in case the dossier is incomplete according to the regulations, a notification must be issued to the forest owner specifying the reasons. Dossier submission through the electronic environment shall be carried out in accordance with the provisions of Decree No. 45/2020/NĐ-CP dated April 8, 2020 of the Government on implementing administrative procedures in the electronic environment.

4. Procedure for implementation:

a) Within three days from the date of receipt of a complete and valid dossier, the Department of Agriculture and Rural Development reviews and seeks opinions in writing from relevant departments, sectors, and the District People's Committee where the forest owner has been assigned land or forests or leased land or forests regarding the content of the plan;

b) Within ten days from the date of receipt of the opinion-seeking document, the agencies, units, and localities requested for opinions as prescribed in point a of this clause are responsible for replying in writing;

c) Within fifteen days from the date of receipt of written opinions from agencies, units, and localities whose opinions were sought in accordance with point b of this clause, the Department of Agriculture and Rural Development is responsible for compiling, evaluating, and perfecting the Report on the results of the review according to Model No. 02 Appendix IV promulgated together with this Circular, and submitting it to the Provincial People's Committee for approval of the sustainable forest management plan according to Model No. 03 or for approval of the adjustment of the sustainable forest management plan according to Model No. 05 Appendix IV promulgated together with this Circular, and delivering the result to the forest owner directly at the one-stop service center or sending it through postal service or electronic environment. In case of non-approval or adjustment of the sustainable forest management plan, a written response must be given specifying the reasons.

9. Amend and supplement Article 14 as follows:

"Article 14. Criteria for Sustainable Forest Management

The set of criteria for sustainable forest management includes seven principles, thirty-six criteria, and one hundred thirty-nine indicators. Details of the set of criteria for sustainable forest management are stipulated in Appendix I promulgated together with this Circular.

10. Amend and supplement the name of Clause 1, Point c Clause 3, and Clause 4 of Article 18 as follows:

a) Amend and supplement the name of Clause 1 as follows:

"1. The Forestry Department:"

b) Amend and supplement Point c of Clause 3 as follows:"

"c) Annually before December 25, report to the Provincial People's Committee and the Ministry of Agriculture and Rural Development (Forestry Department) the results of building and implementing the sustainable forest management plan and issuing the sustainable forest management certificate in the province."

c) Amend and supplement Clause 4 as follows:

"4. The District People's Committee
a) Directs the Commune People's Committee to guide forest owners who are households, individuals, community groups, or households, individuals forming cooperative groups to organize the implementation of sustainable forest management activities and issuance of the sustainable forest management certificate;

b) Directs specialized agencies to guide and inspect forest owners who are households, individuals, community groups, or cooperative groups engaged in ecotourism activities to build and submit applications to the competent authorities for approval or adjustment of the sustainable forest management plan in accordance with this Circular."

11. Amend and supplement Clause 3 of Article 19 as follows:

"3. Annually, before December 20, forest owners who are organizations report to the Department of Agriculture and Rural Development and the supervising unit (if any), and forest owners as stipulated in Clause 2 of Article 8 of this Circular report to the District People's Committee on the results of implementing the sustainable forest management plan according to Appendix VI promulgated together with this Circular."

12. Amend and supplement Clause 3 of Article 20 as follows:

"3. Shall implement in accordance with the provisions of points a and b Clause 1 Article 29 of Decree No. 107/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating conformity assessment services and report the results to the Forestry Department."

13. Supplement transitional provisions in Article 21 as follows:

"For sustainable forest management plans of forest owners that have been approved or reviewed by the competent authority but not yet approved; or submitted dossiers but not yet reviewed before the effective date of this Circular, they shall continue to be implemented in accordance with the laws in effect at the time of submission of the dossier."

Article 2. Replacing and abolishing certain provisions of Circular No. 28/2018/TT-BNNPTNT dated November 16, 2018, issued by the Minister of Agriculture and Rural Development on sustainable forest management.

1. Replace Appendix I. The criteria for sustainable forest management of Vietnam with Appendix I promulgated together with this Circular.

2. Replace Appendix II. Model plan for sustainable forest management (applicable to forest owners that are organizations) with Appendix II promulgated together with this Circular.

3. Replace Appendix III. Model plan for sustainable forest management (applicable to forest owners that are households, individuals, and community residents) with Appendix III promulgated together with this Circular.

4. Replace Appendix VI with Appendix IV promulgated together with this Circular.

5. Replace Appendix VII with Appendix V promulgated together with this Circular.

6. Replace Appendix VIII. Model report on the results of implementing the plan for sustainable forest management (applicable to forest owners) with Appendix VI promulgated together with this Circular.

7. Replace the phrase "high conservation value according to Appendix IV attached to this Circular" with the phrase "ecological" at Point c Clause 4 Article 5 and Point b Clause 3 Article 7.

8. Replace the phrase "in Appendix V" with the phrase "of the Minister of Agriculture and Rural Development on management and traceability of forest products" following the phrase "Calculation method for timber yield from logging according to regulations" at Point c Clause 4 Article 6 and Point d Clause 3 Article 7.

9. Abolish Appendix IV. High Conservation Value Forests and Appendix V. Calculation Method for Timber Yield from Logging issued together with Circular No. 28/2018/TT-BNNPTNT dated November 16, 2018, issued by the Ministry of Agriculture and Rural Development on sustainable forest management.

Article 3. Implementation Provisions

1. This Circular takes effect from February 1, 2024.

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