JOINT CIRCULAR No. 13-LN/KL guiding the implementation of Decree No. 18-HĐBT on the list of precious and rare forest plants and animals and management and protection regulations.

 

CIRCULAR

NUMBER 13-LN/KL OF OCTOBER 12, 1992 ISSUED BY THE MINISTRY OF FORESTRY GUIDING THE IMPLEMENTATION OF DECREE NO. 18-HĐBT REGULATING THE LIST OF WOODS AND WILDLIFE OF HIGH VALUE AND RARE SPECIES AND MANAGEMENT AND PROTECTION REGIMES

The Council of Ministers issued Decree No. 18-HĐBT on January 17, 1992, regulating the list of forest plants and rare wildlife and management and protection regimes. To ensure strict implementation of the above decree to protect and develop the country's valuable forest plant and wildlife resources, particularly to restore order and discipline in the exploitation, transportation, and use of precious and rare wood, the Ministry of Forestry provides specific guidance on the following main points.

I- SCOPE OF APPLICATION OF THE DECREE AND MANAGEMENT RESPONSIBILITY

1- The management and protection regime for forest plants and rare wildlife stipulated in Decree No. 18-HĐBT and this Circular applies to those forest plants and rare wildlife listed in the attached catalog and mainly applies to production forests and protective forests. For special-use forests, all rare forest plants and wildlife and the entire forest ecosystem in each special-use forest area are strictly managed and protected according to a special regulation.

2- Given the special value of rare forest plants and wildlife, Decree No. 18-HĐBT establishes the principle that the Council of Ministers (now the Government) will uniformly manage rare forest plants and wildlife throughout the country. The Ministry of Forestry is responsible before the Council of Ministers (now the Government) for implementing this uniform management.

Local People's Committees at all levels are responsible for directing, inspecting, and organizing the implementation in accordance with state regulations on the management and protection of rare forest plants and wildlife within their respective localities and shall not arbitrarily violate these regulations.

3- The State encourages and supports organizations and individuals in protecting and developing rare forest plant and wildlife resources and ensures their rights in using products they produce.

II- MANAGEMENT AND PROTECTION REGIME FOR RARE FOREST PLANTS AND WILDLIFE

1- Understanding the situation of rare forest plants and wildlife

The Ministry of Forestry coordinates with central scientific agencies to direct localities with forests to organize the implementation of work to understand the situation of rare forest plants and wildlife in each locality and compile the overall situation nationwide.

Localities, based on the Catalog, direct the investigation and determination of areas of forest containing rare forest plants and wildlife on maps and in reality: statistics on the quantity and volume of each type of rare forest plant and wildlife currently present and monitor annual changes in each locality. On this basis, local forestry management agencies conduct the demarcation of areas with concentrated rare forest plants and wildlife and organize strict management and protection, directing forest owners to implement management, protection, breeding, and development of rare forest plants and wildlife and directly manage areas of forest containing rare forest plants and wildlife that have not yet been assigned to any organization or individual for management and use.

2- Management and protection regime for wild rare forest plants and wildlife belonging to Group I (IA, IB)

The State strictly prohibits the exploitation and use of rare forest plants and wildlife belonging to Group I (IA, IB): including endemic species with special scientific and economic value, with very few quantities or volumes or facing extinction risk.

In exceptional cases where there is a need for use, the following provisions must be followed:

- Scientific agencies requiring research or international cooperation in research must be confirmed by authorized scientific management agencies regarding such needs.

- Agencies requiring use must prepare a detailed document stating the purpose of use, the name of the rare forest plant or wildlife (common name, Latin name), the quantity or volume requested, the location, and obtain the agreement of the provincial forestry management agency, to report to the Minister of Forestry for consideration and submit to the Prime Minister for approval.

When taking products, the agency permitted to use must comply with the permit and forest management and protection regulations, inform the local forest inspection station to guide, inspect, and record the inspection of the taken products, and pay resource taxes according to current policies.

3- Exploitation and use of rare forest plants and wildlife, wild belonging to Group II (IIA, IIB)

The State restricts the exploitation and use of rare forest plants and wildlife belonging to Group II (IIA, IIB): including species with high economic value being over-exploited leading to depletion and extinction risk.

a) Exploitation and use of rare woods belonging to Group IIA

- The Minister of Forestry, based on the forest situation and domestic and export demand, reports to the Prime Minister for approval of the total annual volume of wood exploitation, clearly defining the volume of rare woods belonging to Group IIA allowed to be exploited.

- Provinces and cities with forests, when reporting to the Ministry of Forestry for approval of annual forest exploitation designs, must include specific designs for the volume of each type of rare wood belonging to Group IIA of each unit to report to the Minister of Forestry for consideration and compilation to submit to the Prime Minister for approval of the annual exploitation quota of rare woods of localities nationwide. Based on the approved plan, the Minister of Forestry decides to allocate the exploitation quota of rare woods to provinces and cities and specifically to central and local units.

- Forest owners, when exploiting, must comply with the approved design, the opening order of the Ministry of Forestry, and the harvesting process must utilize products from felled trees and quickly remove them from the forest without leaving wood to rot or remain in the forest. Exploited wood must be inspected, measured, recorded for each tree type, stamped with the forest inspection hammer seal, recorded in the inspection report, and resource taxes must be paid according to current policies.

The State has stipulated that precious and rare wood can only be used for constructing special State projects, processing fine handicrafts and high-quality wooden products for domestic consumption and export.

Organizations and individuals requiring the use of precious and rare wood (Group IIA) must prepare a document detailing their usage needs, quantity, type, purchase location, and obtain confirmation from the People's Committee of the province or city where they reside or the relevant Ministry, to report to the local forestry authority for examination and approval. For the confiscation and handling of precious and rare wood (Group IIA), this regulation also applies.

When transporting wood out of the province, a special transportation permit from the Ministry of Forestry is required.

b) For forest plants other than timber trees, belonging to Group IIA.

- The forest owner or organizations and individuals who have contracts with the forest owner, when needing to harvest, must prepare a detailed document specifying the type of plant, quantity, harvesting location, to report to the provincial forestry management agency for examination and approval.

- During harvesting, those permitted to harvest must strictly comply with the transportation permit and forestry technical procedures. Harvested forest products must be inspected by the local forest rangers, documented in an inspection record, and taxes on natural resources must be paid according to current policies. When transporting out of the province, a transportation permit issued by the local forest ranger office is required.

c) For wild animals belonging to Group IIB.

- Trapping and capturing may only be carried out in cases of genuine necessity such as breeding, scientific research, international exchange of breeds, or other essential requirements.

- Organizations and individuals requiring trapping and capturing must prepare a document clearly stating their usage needs, the common and Latin names of the wild animal species, quantity, trapping methods and tools, trapping locations, and obtain recommendations from the People's Committee of the province or city where they reside or the relevant Ministry, to report to the Minister of Forestry for examination and approval.

- Those permitted to trap and capture must follow the guidance of the forest owner at the trapping location and are responsible for adequately addressing the interests of the forest owner according to mutual agreement. Captured wild animals must be inspected by the local forest rangers, documented in an inspection record, and taxes on natural resources must be paid according to current policies. When transporting out of the province, a special transportation permit from the Ministry of Forestry is required.

4- The exploitation and utilization of precious and rare forest plants and animals belonging to Groups I and II shall be self-funded by organizations and individuals.

a) For forest plants (Groups IA and IIA) self-funded for planting and enclosure for recovery by organizations and individuals, when the trees reach the harvesting age, the forest owner may harvest, utilize, and consume the products but must inform the local forest rangers for inspection and documentation of the harvested products (confirming self-funded planting and quantity, types).

b) For wild animals belonging to Group IB, the forest owner may only use them for in-situ breeding and development purposes.

Local forestry management agencies are responsible for encouraging and supporting forest owners in breeding and developing precious and rare wild animals, and reporting to the Ministry of Forestry for appropriate use in conservation and resolution of material benefits. Any usage requirements for these sources must be reported to the Minister of Forestry for examination and approval.

c) For wild animals belonging to Group IIB, in addition to using them for breeding and development, forest owners may use live animals from the second generation onwards for exchange with organizations and individuals requiring breeding and development. Those requiring such usage must prepare a report and obtain permission from the local forestry authority. During exchanges, the forest owner must inform the local forest rangers for inspection and documentation of the consumed products (confirming self-funded breeding from the second generation onwards and the species name, quantity).

For the exploitation and utilization of precious and rare forest plants and animals self-funded by organizations and individuals, the extracted products are exempt from resource taxes. In cases of transportation out of the province, a transportation permit from the local forest ranger office is required.

5- In cases where precious and rare wild animals cause damage to production or threaten human life, they may be driven away while simultaneously reporting to local authorities and the local forest rangers for support measures. In cases of large-scale and serious damage caused by wild animals, reports must be made to the province and the Ministry of Forestry for resolution measures. Only when the implementation of measures by authorized agencies is ineffective and the wild animals directly threaten human life may justifiable self-defense measures be applied, followed by reporting to the province and the Ministry of Forestry.

III- PROCEDURES FOR ISSUING SPECIAL TRANSPORTATION PERMITS

The transportation of precious and rare forest products must comply with the procedures specified in Circular No. 8-LN/KL dated April 25, 1992, issued by the Ministry of Forestry, guiding the inspection of harvesting and transportation of forest products.

Regarding the procedures for issuing special transportation permits, the following provisions apply:

1- Organizations and individuals applying for special transportation permits for precious and rare forest plants, wild animals, and their products must present the following documents to the Forest Ranger Department under the Ministry of Forestry:

a) For special transportation permits for precious and rare wood belonging to Group IIA.

a1) A request to the Ministry of Forestry for permission to transport precious and rare wood, detailing the origin of the wood (where purchased, approving authority), quantity, type of wood, transportation route (from where to where), and transportation time. Attached should be a copy of the application for purchasing wood and the approval decision of the forestry management authority where the wood was purchased.

a2) Business registration (for traders).

a3) Documentation of legally sourced wood:

- A copy of the approved harvesting design plan and the opening gate order from the Ministry of Forestry.

- An inspection record from the local forest rangers for confiscated wood, including a copy of the confiscation decision from the forestry inspection authority and a recommendation from the local forest ranger office.

- A wood history confirmed by the local forest ranger office (clearly indicating the forestry inspection stamp number).

b) For special transportation permits for rare and precious wild animals belonging to Group IIA.

b1) A request document submitted to the Ministry of Forestry for the transportation of rare and precious wild animals, specifying the origin of the wild animals (where they were legally trapped), species name, quantity, transportation route (from where to where), and transportation time. Attached should be a trapping permit request document and the approval opinion of the Ministry of Forestry.

b2) The inspection record of the local forest protection station.

2- The Forest Protection Department receives the application, examines and reviews it to submit to the Ministry's leadership for approval. After approval, the Forest Protection Department issues a special transportation permit to the applicants.

When transporting, the transporter must use the original special transportation permit.

For organizations and individuals who have been granted a special transportation permit, if they need to extend the transportation period, they must provide a document clearly stating the reasons, the quantity already transported, the quantity yet to be transported, the requested extension period, and include verification and confirmation from the local forest protection branch, to be submitted to the Forest Protection Department for examination and review before submitting to the Ministry's leadership for approval, and subsequently the Forest Protection Department will sign off on the extension.

Upon receipt of this Circular, the Ministry of Forestry requests localities to organize its implementation and provide guidance, inspect the implementation of Decree No. 18-HĐBT and this guiding Circular within their respective jurisdictions. For any violations, inspections must be conducted, records established, and strict legal actions taken according to current laws.

The Forest Protection Department is responsible for assisting the Ministry in monitoring, directing the implementation, and periodically compiling reports on the situation to submit to the Ministry's leadership.