Circular No. 16/2025/TT-BNNMT on the delegation, classification, and determination of state management authority and certain contents in the forestry and forest protection sector.

CIRCULAR

Regulations on Delegation, Classification, and Definition of State Management Authority and Certain Contents in the Forestry and Forest Protection Sector

On the basis of Law on Government Organization dated February 18, 2025;

On the basis of Law on Local Administration Organization dated June 16, 2025;

Pursuant to Resolution No. Decision 190/2025/QH15 dated February 19, 2025 of the National Assembly regarding handling certain issues related to the restructuring of the state apparatus;

On the basis of The 2017 Forestry Law amended and supplemented in 2024;

Decree No. 35/2025/NĐ-CP dated February 25, 2025, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Decree No. Decree No. 131/2025/NĐ-CP dated June 12, 2025 of the Government defining the authority of local administrations at two levels in the field of state management by the Ministry of Agriculture and Rural Development;

Decree No. Decree No. 136/2025/NĐ-CP dated June 12, 2025 of the Government on delegation and classification in the fields of agriculture and environment;

At the proposal of the Director of the Forest Management and Protection Department;

The Minister of Agriculture and Rural Development issues this Circular to regulate delegation, classification, definition of state management authority and certain contents in the forestry and forest protection sector.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed regulations on delegation, classification, definition of state management authority and certain contents in the forestry and forest protection sector.

Article 2. Applicability

This Circular applies to central administrative agencies, local authorities, and organizations, individuals, households, and community groups related to delegation, classification, definition of state management authority and certain contents in the forestry and forest protection sector.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. A sub-district has an area of approximately 1,000 hectares within the same commune-level administrative unit. The order of sub-districts is numbered with Arabic numerals within the province's scope, from Sub-district No. 1 to the last sub-district (for example: Sub-district 1, Sub-district 2).

2. A plot has an area of approximately 100 hectares within the same commune-level administrative unit. The order of plots is numbered with Arabic numerals, from Plot 1 to the last plot within each sub-district (for example: Plot 1, Plot 2).

3. A lot has an area of approximately 10 hectares, with relatively uniform forest or forestry land status within the commune-level administrative unit. The order of lots is numbered with Arabic numerals, from Lot 1 to the last lot within each plot (for example: Lot 1, Lot 2).

4. The numbering sequence of sub-districts, plots, and lots follows a top-to-bottom and left-to-right order. In cases of supplementation, the supplementary sub-districts, plots, and lots are marked with symbols A, B, C next to the original ones (for example: Sub-district 1A, Plot 1A, Lot 1A).

5. A marker is a fixed object used to mark important positions along the boundary lines that need to be defined on-site. Characteristic points include geographical features, terrain points, mountains, rivers, streams, roads, watersheds, and drainage lines.

6. The current status forest map is a thematic map showing the boundaries of forest lots according to the current forest classification system on the corresponding topographic map at various scales. The inventory service map is an intermediate product showing the boundaries, locations, and current status of forests developed during the forest inventory process.

7. Group I forest owners include household, individual, and community forest owners; Group II forest owners include organizational forest owners.

8. The reference emission reduction pathway for forests is the standard path used to calculate carbon emission reductions due to deforestation and forest degradation. The reference forest pathway is the standard path used to calculate carbon absorption increases from forest conservation and development activities.

9. The primary data survey system includes forms and tables recording actual data during the forest survey process. The standard survey plot is a defined forest area used to implement methods for collecting representative information for the survey area.

10. An inventory forest plot is a part or the whole of a forest status lot with an area of approximately 10 hectares under one manager. A forest status lot is a relatively homogeneous unit area of forest regarding its origin, site conditions, species composition, and volume.

11. Broadleaf forest is a forest where broadleaf tree species account for more than 75% of the trees. Evergreen broadleaf forest is a forest where evergreen broadleaf tree species account for more than 75% of the trees. Deciduous broadleaf forest is a forest where deciduous broadleaf tree species account for more than 75% of the trees. Semi-deciduous broadleaf forest is a forest where evergreen and deciduous broadleaf tree species are mixed in proportions between 25% and 75% based on the number of trees of each species. Coniferous forest is a forest where coniferous tree species account for more than 75% of the trees.

12. Bamboo and rattan forest is a forest where bamboo and rattan species account for more than 75% of the canopy cover. Palm forest is a forest where palm species account for more than 75% of the trees.

13. Mixed broadleaf and coniferous forest is a forest where broadleaf and coniferous tree species are mixed in proportions between 25% and 75% based on the number of trees of each species. Mixed timber and bamboo and rattan forest is a forest where timber and bamboo and rattan species account for between 25% and 75% of the canopy cover.

14. Forest managers include forest owners as stipulated in Article 8 of the Forestry Law and Commune People's Committees managing forest areas not yet allocated or leased as stipulated in Point c Clause 3 Article 102 of the Forestry Law.

Chapter II
REGULATIONS ON DELEGATION, CLASSIFICATION, AND DEFINITION OF AUTHORITY IN THE FORESTRY AND FOREST PROTECTION SECTOR

Article 4. Forest leasing to organizations, households, and individuals

1. Documents, including:

a) Documents approving the auction plan for forest leasing: the auction plan for forest leasing according to Model No. 01 Appendix I issued together with this Circular.

b) Documents deciding on forest leasing: auction results; auction minutes; list of successful bidders; notification of completion of financial obligations.

"2. Implementation procedures:"

a) For households and individuals: carried out in accordance with the provisions of Clause 3, Article 13 of Decree No. 131/2025/NĐ-CP dated June 12, 2025 of the Government stipulating the division of authority between two levels of local government in the field of state management by the Ministry of Agriculture and Rural Development (hereinafter referred to as Decree No. 131/2025/NĐ-CP);

b) For organizations: carried out in accordance with the provisions of Clause 2, Article 22 of Decree No. 136/2025/NĐ-CP dated June 12, 2025 of the Government stipulating the delegation and decentralization of powers in the field of agriculture and environment (hereinafter referred to as Decree No. 136/2025/NĐ-CP).

Article 5. Changing the purpose of forest land use to another purpose for individuals

1. Documents, including:

a) Individual application documents:

A document proposing to change the purpose of forest land use to another purpose according to Model No. 02 Appendix I issued together with this Circular;

A copy of the decision on the policy to change the purpose of forest land use to another purpose by the competent authority or a copy of the approval document, decision on the policy of investment projects specified in point a, Clause 4, Article 41 of Decree No. 156/2018/NĐ-CP dated November 16, 2018 of the Government detailing the implementation of certain articles of the Forestry Law, amended and supplemented at Clause 21, Article 1 of Decree No. 91/2024/NĐ-CP dated July 18, 2024;

The replanting plan approved by the competent authority or notification of completion of the obligation to pay replanting costs for the area proposed to change the purpose of forest land use to another purpose;

An explanatory report on the current status of the forest and a map of the current status of the forest area proposed to change the purpose of forest land use to another purpose prepared by the project proponent within six months before submitting the application documents. The explanatory report clearly shows information about location (sub-district, plot, administrative name of the forest), forest area according to: type of forest (special-use forest, protective forest, production forest), source of formation (natural forest, planted forest) and is shown on a current status forest map at a scale of 1:5,000 for projects with less than 500 hectares of land use purpose change, at a scale of 1:10,000 for projects with 500 hectares or more of land use purpose change and linear projects.

b) Documents, including: A proposal for a decision to change the purpose of forest land use to another purpose according to Model No. 03 Appendix I issued together with this Circular and individual application documents as specified in point a of this clause.

2. Decision to change the purpose of forest land use to another purpose according to Model No. 04 Appendix I issued together with this Circular.

3. Implementation procedures as stipulated in Clause 3, Appendix III issued together with Decree No. 131/2025/NĐ-CP.

Article 6. Changing types, establishing, adjusting special-use forests, protective forests; adjusting functional zones of special-use forests

1. Changing the type of forest for areas established by the Prime Minister

a) Documents include:

A proposal document from the Department of Agriculture and Rural Development for areas under local management or the forest owner under the management of the Ministry of Agriculture and Rural Development (hereinafter referred to as the agency drafting the plan to change the type of forest);

The plan to change the type of forest as prescribed in Clause 2, Article 39 of Decree No. 156/2018/NĐ-CP dated November 16, 2018 of the Government detailing the implementation of certain articles of the Forestry Law (hereinafter referred to as Decree No. 156/2018/NĐ-CP).

b) Procedures for implementation:

The agency drafting the plan to change the type of forest directly submits or through postal service or electronic environment one set of documents as prescribed in point a of this clause to the Forest Management and Inspection Department;

The Forest Management and Inspection Department checks the documents and immediately responds to the validity of the document components for directly submitted documents, within one working day from the date of receipt for documents submitted through postal service or electronic environment; in cases where the documents are incomplete, it notifies the agency drafting the plan to change the type of forest in writing and specifies the reasons;

Within fifteen working days from the date of receiving valid documents, the Forest Management and Inspection Department organizes the review of the plan to change the type of forest; if the conditions are not met, the Forest Management and Inspection Department notifies the agency drafting the plan to change the type of forest in writing and specifies the reasons;

Within five working days from the date of completing the review, the Forest Management and Inspection Department completes the review report, submits it to the Minister of Agriculture and Rural Development along with the documents as prescribed in point a of this clause;

Within three working days from the date of receiving all submitted documents from the Forest Management and Inspection Department, the Minister of Agriculture and Rural Development considers and decides on changing the type of forest.

2. Establishing national-level special-use forests or protective forests spanning multiple provinces

a) Documents include:

A proposal to establish special-use forests or protective forests from the Forest Management and Inspection Department;

The plan to establish special-use forests or protective forests according to Model No. 05 or Model No. 06 Appendix I issued together with this Circular (hereinafter referred to as the establishment plan);

A current status map of the forest of the proposed special-use forest or protective forest area in digital and paper form at a scale of 1:5,000, 1:10,000, or 1:25,000 according to TCVN 11565:2016 depending on the size of the forest area, clearly showing the scope, boundaries, and functional zones (for special-use forests, these are national parks, nature reserves, and species conservation areas);

A review report on the establishment plan by the Review Committee established by the Minister of Agriculture and Rural Development.

b) Procedures for implementation:

The Forest Management and Inspection Department solicits opinions from the People's Committees of the provinces where the forest area of the proposed special-use forest or protective forest is located and relevant agencies and units regarding the establishment plan. Within five working days from the date of receiving the opinion solicitation document, the agencies and units solicited must respond in writing.

Within fifteen working days from the date of receipt of the reply documents from relevant agencies and units, the Forest Management and Inspection Department shall organize the review of the plan for establishment.

Within five working days from the completion of the review, the Forest Management and Inspection Department shall complete the review report and submit it to the Minister of Agriculture and Rural Development for the dossier prescribed in point a of this clause.

Within three working days from the date of receipt of the complete dossier submitted by the Forest Management and Inspection Department, the Minister of Agriculture and Rural Development shall consider and decide on the establishment of the special-use forest or protective forest.

3. Adjustment of special-use forests or protective forests of national importance or located across multiple provinces

a) Dossier of the forest owner, including:

The proposal for adjustment of special-use forests or protective forests by the forest owner;

The proposal of the People's Committee of the province;

The adjustment plan for special-use forests or protective forests by the forest owner according to Model No. 07 or Model No. 08 in Appendix I issued together with this Circular (hereinafter referred to as the adjustment plan);

Maps showing the current status of the forest before adjustment and the current status of the forest area after adjustment in digital and paper form at a scale of 1:5,000, 1:10,000, or 1:25,000 according to TCVN 11565:2016, depending on the size of the forest area, clearly indicating the scope, boundaries, and functional zones (for special-use forests, these include national parks, nature reserves, and species and habitat conservation areas).

b) The dossier submitted by the Forest Management and Inspection Department, including:

The application for adjustment of special-use forests or protective forests by the Forest Management and Inspection Department; draft decision on adjustment of special-use forests or protective forests; the review report on the adjustment plan by the Review Board established by the Minister of Agriculture and Rural Development; the dossier prescribed in point a of this clause.

c) Implementation procedures:

The forest owner shall submit directly or through postal services or electronic environment one set of dossier in accordance with the provisions of point a of this clause to the Forest Management and Inspection Department;

The Forest Management and Inspection Department shall check the dossier and immediately respond to the validity of the dossier components for direct submissions, within one working day from the date of receipt for dossiers submitted through postal services or electronic environment; in cases where the dossier does not meet the required components, notify the forest owner in writing and specify the reasons;

Within five working days from the date of receipt of the valid dossier, the Forest Management and Inspection Department shall seek opinions of the People's Committee of the province where the proposed adjusted forest area is located and relevant agencies and units on the adjustment plan; within five working days from the date of receipt of the opinion solicitation document, the agencies and units solicited shall be responsible for responding in writing;

Within fifteen working days from the date of receipt of the reply documents from relevant agencies and units, the Forest Management and Inspection Department shall organize the review of the adjustment plan; in cases where conditions are not met, the Forest Management and Inspection Department shall notify the forest owner in writing and specify the reasons;

Within five working days from the date of completion of the review, the Forest Management and Inspection Department shall complete the review report and submit it to the Minister of Agriculture and Rural Development for the dossier prescribed in point b of this clause;

Within three working days from the date of receipt of the complete dossier submitted by the Forest Management and Inspection Department, the Minister of Agriculture and Rural Development shall consider and decide on the adjustment of special-use forests or protective forests.

4. Adjustment of functional zones of special-use forests of national importance or located across multiple provinces under the management of the Ministry of Agriculture and Rural Development

a) Dossier of the forest owner, including:

The proposal for adjustment of functional zones of special-use forests by the forest owner;

The adjustment plan for functional zones of special-use forests by the forest owner according to Model No. 09 in Appendix I issued together with this Circular;

Maps showing the current status of the forest before adjustment and the current status of the special-use forest area expected after adjustment in digital and paper form at a scale of 1:5,000, 1:10,000, or 1:25,000 according to TCVN 11565:2016, depending on the size of the forest area, clearly indicating the scope, boundaries, and functional zones.

b) The dossier submitted by the Forest Management and Inspection Department, including:

The application for adjustment of functional zones of special-use forests by the Forest Management and Inspection Department; draft decision on adjustment of functional zones of special-use forests; the review report by the Review Board established by the Minister of Agriculture and Rural Development; the dossier prescribed in point a of this clause.

c) Implementation procedures:

The forest owner shall submit directly or through postal services or electronic environment one set of dossier in accordance with the provisions of point a of this clause to the Forest Management and Inspection Department;

The Forest Management and Inspection Department shall check the dossier and immediately respond to the validity of the dossier components for direct submissions, within one working day from the date of receipt for dossiers submitted through postal services or electronic environment; in cases where the dossier does not meet the required components, notify the forest owner in writing and specify the reasons;

Within fifteen working days from the date of receipt of the valid dossier, the Forest Management and Inspection Department shall organize the review of the adjustment plan for functional zones of special-use forests according to the criteria of each functional zone; in cases where conditions are not met, the Forest Management and Inspection Department shall notify the forest owner in writing and specify the reasons;

Within five working days from the date of completion of the review, the Forest Management and Inspection Department shall complete the review report and submit it to the Minister of Agriculture and Rural Development for the dossier prescribed in point b of this clause;

Within three working days from the date of receipt of the complete dossier submitted by the Forest Management and Inspection Department, the Minister of Agriculture and Rural Development shall consider and decide on the adjustment of functional zones of special-use forests.

Article 7. Closing and opening natural forests across two or more centrally governed cities or provinces

1. Documents, including:

a) The report from the Forestry and Forest Protection Service;

b) The proposal for closing or opening natural forests from centrally governed cities or provinces;

c) The project for closing or opening natural forests across two or more centrally governed cities or provinces in accordance with Clause 1 of Article 33 of Decree No. 156/2018/NĐ-CP;

d) The review report from the Forestry and Forest Protection Service.

"2. Implementation procedures:"

a) The Forestry and Forest Protection Service shall seek opinions from the People's Committees of the relevant provinces and related agencies and units on the project for closing or opening natural forests; within five working days from the date of receipt of the document seeking opinions, the agencies and units concerned shall be responsible for responding in writing;

b) Within seven working days from the date of receipt of the response from the agencies and units, the Forestry and Forest Protection Service shall organize the review of the project for closing or opening natural forests;

c) Within five working days from the completion of the review, the Forestry and Forest Protection Service shall complete the dossier to submit to the Minister of Agriculture and Rural Development along with the dossier specified in Clause 1 of this Article;

d) Within three working days from the date of receipt of the submission dossier from the Forestry and Forest Protection Service, the Minister of Agriculture and Rural Development shall examine and decide on closing or opening natural forests across two or more centrally governed cities or provinces.

Article 8. Issuing and reissuing export and import permits for forestry tree planting seeds

1. Dossier for issuing export and import permits for forestry tree planting seeds includes:

a) The request for issuing export and import permits for forestry tree planting seeds according to Model No. 10 in Appendix I attached hereto;

b) The seed history of forestry tree planting seeds proposed for export and import according to Model No. 11 in Appendix I attached hereto;

c) For export of seeds, in addition to the components of the dossier prescribed in points a and b of this paragraph, organizations and individuals shall attach one of the following documents:

A notarized copy of the cooperation agreement in a foreign language together with its certified translation into Vietnamese for cases of export for research, testing, and international cooperation; confirmation letter or invitation letter to participate in trade fairs or exhibitions issued by the organizing unit for cases of export for participation in trade fairs or exhibitions.

d) For import of seeds, in addition to the components of the dossier prescribed in points a and b of this paragraph, organizations and individuals shall attach one of the following documents:

Original or copy of technical design documents for trial cultivation and testing of forestry tree planting seeds for cases of import for trial cultivation and testing; confirmation letter or invitation letter to participate in trade fairs or exhibitions in Vietnam for cases of import of forestry tree planting seeds for participation in trade fairs or exhibitions; cooperation agreement in a foreign language together with its certified translation into Vietnamese for cases of import under cooperation agreements; confirmation letter between both parties in a foreign language together with its certified translation into Vietnamese for cases of import of forestry tree planting seeds as gifts; approval or consent document for programs or projects approved by competent state authorities or projects approved by enterprises in accordance with the law for cases of import for implementation of investment programs or projects.

2. Dossier for reissuing export and import permits for forestry tree planting seeds in case of loss or damage: the request for reissuing export and import permits for forestry tree planting seeds according to Model No. 12 in Appendix I promulgated together with this Circular.

3. Export and import permit for forestry tree planting seeds for organizations and individuals according to Model No. 13 in Appendix I promulgated together with this Circular.

4. Procedure for implementation:

a) For issuance of permits: carried out in accordance with Clause 2 of Appendix IV promulgated together with Decree No. 136/2025/NĐ-CP.

b) For reissuance of permits: carried out in accordance with Clause 3 of Appendix IV promulgated together with Decree No. 136/2025/NĐ-CP.

Article 9. Reviewing and Adjusting the Design and Budget Estimate for Forestry Works Using Public Investment Funds

1. Documents, including:

a) A proposal requesting approval of the design and budget estimate according to Model No. 14 in Appendix I issued together with this Circular;

b) The outline of the design explanation, budget estimate, and forestry work design map according to Model No. 15 in Appendix I issued together with this Circular;

c) A copy of the decision approving the investment project or capital plan assigned for activities using state budget funds and other related documents.

2. Report on the results of reviewing the design and budget estimate for forestry works according to Model No. 16 in Appendix I issued together with this Circular.

3. Implementation procedures as prescribed in Clause 4 of Appendix III issued together with Decree No. 131/2025/NĐ-CP.

Article 10. Fire Prevention and Control in Forests

1. Authority of the Chairman of the People's Committee at the provincial level and commune level

a) Direct and command comprehensive forest fire control activities within their authority as stipulated in Clause 1, Article 10 and Clause 8, Article 13 of Decree No. 131/2025/NĐ-CP.

b) Mobilize, coordinate, and assign personnel, equipment, devices, tools, and assets of agencies, organizations, households, individuals, and community residents under their management to participate in forest fire control. Mobilization orders must be issued in writing according to Model No. 17 in Appendix I issued together with this Circular; in urgent cases, the mobilization order can be given verbally but must be recorded in writing within three working days. The person giving the verbal order must clearly state their name, position, workplace, and specify the requirements regarding personnel, equipment, and assets to be mobilized, time, and location.

The Chairman of the Provincial People's Committee and the Commune People's Committee, based on the actual situation of the locality, direct the establishment of a coordination regulation for mobilizing forces, means, and equipment to extinguish forest fires in the area.

2. Authority to direct and command forest fire control when the Chairman of the People's Committee at the provincial or commune level has not yet arrived at the scene.

a) The highest-ranking official of the Forest Protection Force present at the fire scene shall direct and command forest fire control.

b) When a forest fire occurs in a village or residential area without a designated commander as provided in point a of this clause, the Village Chief or Residential Area Head shall direct and command forest fire control; if the Village Chief or Residential Area Head is absent, the authorized representative shall direct and command forest fire control.

c) If there is no person directing and commanding the extinguishing of the forest fire as stipulated in points a and b of this clause, the forest owner is the person directing and commanding the extinguishing of the forest fire.

3. Responsibilities of the person directing and commanding forest fire control

a) Responsibilities of the person directing forest fire control: comprehensively direct forest fire control activities; mobilize, coordinate, and assign personnel, equipment, devices, and assets of agencies, organizations, households, and individuals under their management to participate in forest fire control; ensure conditions for forest fire control such as traffic, order, communication, logistics, and medical support.

b) Responsibilities of the person commanding forest fire control: directly manage and direct personnel and equipment participating in forest fire control; organize fire investigation; determine the main firefighting direction and deployment of necessary forces, equipment, and measures to extinguish the fire; organize implementation of safety measures for personnel and equipment participating in firefighting, supporting activities in firefighting operations.

c) Decide on dividing firefighting zones and assigning commanders for each firefighting force in each zone; coordinate with forces to protect firefighting zones and fire scenes; apply measures to protect documents and items serving fire investigation and determining the cause of the forest fire.

d) Organize the collection of firefighting forces and return equipment to units upon completion of firefighting tasks; after extinguishing the fire, require regular inspection of the scene to prevent the fire from reigniting.

đ) Report to the immediate superior leadership or as required by the competent authority about the situation and development of the fire. Perform other tasks as prescribed by laws on fire prevention, firefighting, and rescue operations.

4. Propaganda, Dissemination, and Legal Education on Fire Prevention and Control in Forests

a) The Chairman of the People's Committee at the provincial and commune levels is responsible for disseminating knowledge and laws on fire prevention and control in forests in their localities as prescribed by law.

b) The Forest Protection Force is responsible for guiding, developing programs, and disseminating information on fire prevention and control in forests to organizations and individuals under their management.

c) The head of agencies, organizations, and facilities is responsible for organizing the dissemination of knowledge and laws on fire prevention and control in forests to officers, soldiers, workers, students, and the general public.

d) Content of propaganda and dissemination: normative legal documents and directives guiding fire prevention and control in forests as prescribed by forestry laws and related laws; responsibilities of sectors, levels, units, organizations, forest owners, and residents in fire prevention and control in forests; harmful effects and dangerous nature of forest fires; causes of forest fires and preventive measures; methods to handle forest fire situations; self-inspection activities for fire prevention and control in forests for forest owners; safe use of fire in production and daily life during high-risk periods for forest fires; information on fire risk forecasts and early detection of forest fires; guidance on forest fire prevention methods and procedures, reporting procedures when forest fires occur; guidance on handling procedures when forest fires occur; practicing firefighting plans and rescue operations, skills in using firefighting equipment and devices.

d) Forms of propaganda and dissemination: organizing conferences, specialized meetings on forest fire prevention and extinguishing, or integrating such topics with other activities; incorporating forest fire prevention and extinguishing content into village and community regulations; signing commitments to implement forest fire prevention and extinguishing regulations; disseminating through mass media, local radio stations, social media platforms, and community living areas near forests; distributing leaflets, building bulletin boards, fire warning signs, and fire prohibition signs in forest areas and nearby residential areas; organizing contests to raise awareness about forest fire prevention and extinguishing; other appropriate forms of propaganda for specific audiences that authorized agencies, organizations, and individuals may apply.

5. Fire Prevention and Extinguishing Works and Equipment

a) Works constructed or utilized for forest fire prevention and extinguishing include: firebreak runways, channels, and ditches; streams, lakes, dams, water reservoirs, pumping stations, and water supply systems for firefighting; observation huts for detecting forest fires; fire monitoring towers; warning sign systems for fire warnings and firefighting guidance; fire prediction and alarm systems, and other works serving forest fire prevention and extinguishing. For types of works with national standards for forest fire prevention and extinguishing, construction shall be carried out according to the issued standards; for types without such standards, construction shall follow technical designs approved by competent authorities. Forest fire prevention and extinguishing works must be managed, maintained, and repaired in accordance with regulations to ensure readiness for firefighting.

b) Fire prevention and extinguishing equipment includes: mechanical equipment, devices, machinery, tools, chemicals, and special-purpose support tools for fire prevention and extinguishing. The list of fire prevention and extinguishing equipment is set forth in Appendix II attached hereto.

Based on the type of forest and actual conditions and requirements of each locality, organizations, and forest owners may supplement special-purpose fire prevention and extinguishing equipment according to relevant regulations. Equipping fire prevention and extinguishing equipment for specialized firefighting forces must ensure quantity, quality, synchronization, modernity, and meet firefighting requirements in all fire scenarios, consistent with state budget capacity and forest owners' capabilities. Fire prevention and extinguishing equipment must be managed, maintained, and repaired in accordance with regulations.

For mechanical fire prevention and extinguishing equipment, apart from being used for firefighting operations, training, and firefighting drills, they may only be used in the following cases: ensuring political security work; maintaining social order and safety; rescuing victims, handling urgent natural disaster incidents, and mitigating disaster consequences; preventing illegal deforestation and patrolling and inspecting forest protection work.

The Chairperson of the People's Committee at provincial and commune levels, and heads of agencies and organizations within their management scope have the authority to mobilize fire prevention and extinguishing equipment under their management for use in the cases stipulated in point b of this clause.

6. Management of Forest Combustible Materials and Fire Usage

a) Annually, forest owners are responsible for developing and implementing plans to reduce forest combustible materials to prevent forest fire risks.

b) The Provincial Forest Inspection Service is responsible for directing, guiding, inspecting, and urging forest owners to implement combustible material reduction plans within their jurisdiction.

c) The Chairperson of the Commune People's Committee guides local residents on the use of fire in production and cultivation, and the disposal of forest litter; directs and guides residents to comply with designated times and locations; organizes agreements with households engaged in production and cultivation near forests to protect forests and prevent and extinguish forest fires.

7. Forest Fire Prevention and Extinguishing Duty Roster

a) When a forest fire warning level III, IV, or V is forecasted, the Chairpersons of People's Committees at various levels direct forestry inspection forces, dedicated forest protection forces, and related functional forces to review and identify high-risk forest fire zones within their jurisdictions; organize duty roster and guard shifts in high-risk forest areas.

b) The Forestry and Forest Inspection Services organize duty rosters when forest fire warning levels III, IV, or V are forecasted, and arrange personnel, equipment, and devices to support localities in forest fire prevention and extinguishing as required by competent authorities.

c) Duty roster personnel are responsible for monitoring forest fire warning information, reporting fire alert points, and notifying relevant functional forces to verify and investigate. They also receive information on forest fire prevention and extinguishing from the public and report to unit leaders for timely handling.

8. Forest Fire Prediction, Warning, and Early Detection Information

a) The Forestry and Forest Inspection Services organize forest fire risk predictions, warnings, and early detection of fire points; coordinate with relevant agencies, Vietnam Television, Voice of Vietnam, and other mass media outlets to disseminate fire warning information.

b) The Chairpersons of People's Committees at various levels direct specialized agencies to receive forest fire risk prediction and warning information from the Forestry and Forest Inspection Services; proactively predict and warn of forest fires locally, and direct inspections and verifications of fire points to promptly detect and handle forest fires within their jurisdictions.

c) Forest owners actively monitor forest fire prediction and warning information; organize patrols, inspections, and verifications of fire points; prepare firefighting equipment; provide information upon discovering fires and organize prompt firefighting; organize duty rosters and control entry and exit of people in forests.

9. Forest Fire Reporting

a) Within three working days from the date the forest fire is extinguished, the forest owner shall prepare a report on the forest fire to be submitted to the Forest Protection Station; within one working day from the date of receiving the report from the forest owner, the Forest Protection Station shall report to the Provincial Forest Protection Service. The content of the forest owner's report on the forest fire shall be carried out according to Model No. 18 in Appendix I issued together with this Circular.

b) Within three working days from the date of receipt of the report from the Forest Protection Station, the Provincial Forest Protection Service shall report to the Department of Agriculture and Environment, the Chairman of the People's Committee at the provincial level, and the Forest Management and Inspection Department.

10. The funds for forest fire prevention and firefighting shall be implemented in accordance with the provisions of Decree No. 131/2025/NĐ-CP; Decree No. 156/2018/NĐ-CP amended and supplemented by Decree No. 91/2024/NĐ-CP; Decree No. 58/2024/NĐ-CP dated May 24, 2024 of the Government on some investment policies in forestry.

Article 11. Rice Subsidies for Forest Protection and Development from National Reserve

1. The Department of Agriculture and Environment shall advise the Chairman of the People's Committee at the provincial level to establish a rice support file for the locality, including:

a) A plan for rice subsidies for forest protection and development from the national reserve according to Model No. 19 in Appendix I issued together with this Circular;

b) A list of individuals and groups eligible for rice subsidies according to Model No. 20 and Model No. 21 in Appendix I issued together with this Circular;

c) A document seeking opinions from the Ministry of Agriculture and Environment, the Ministry of Finance, and the Ministry of Ethnic Affairs and Religion according to Model No. 22 in Appendix I issued together with this Circular.

2. The Chairman of the People's Committee at the provincial level shall decide on rice subsidies for forest protection and development from the national reserve within the province according to Model No. 23 in Appendix I issued together with this Circular based on the proposal of the Department of Agriculture and Environment.

3. The unit responsible for organizing the receipt and distribution of rice to beneficiaries shall follow Model No. 24 and establish a tracking file according to Model No. 25 in Appendix I issued together with this Circular.

4. The implementation procedures shall be carried out in accordance with the provisions of Clause 2, Article 24 of Decree No. 136/2025/NĐ-CP.

Chapter III
REGULATIONS ON SOME CONTENTS IN THE FORESTRY AND INSPECTION FIELD

Section 1

SUSTAINABLE FOREST MANAGEMENT

Article 12. Sustainable Forest Management Plan

1. The forest owner shall be responsible for developing and implementing a sustainable forest management plan in accordance with Clause 1, Article 27 of the Forestry Law.

2. Encouragement is given to forest owners who are households, individuals, community groups, or households, individuals forming cooperative groups voluntarily to develop and organize the implementation of a sustainable forest management plan.

3. In cases where the forest owner is a household, individual, community group, or households, individuals forming cooperative groups that organize ecotourism activities, the forest owner shall develop a sustainable forest management plan and submit it for approval by the competent authority.

4. The forest owner shall develop or hire a consulting unit to develop a sustainable forest management plan.

5. Sustainable Forest Management Plan

a) For organizational forest owners, the plan shall be developed according to Model No. 01 in Appendix III and Appendix IV issued together with this Circular.

b) For household, individual, community group, or households, individuals forming cooperative groups, the plan shall be developed according to Model No. 02 in Appendix III issued together with this Circular.

c) In cases where the forest owner manages two or more types of forests, a unified sustainable forest management plan for all types of forests shall be developed in accordance with either point a or point b of this clause.

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

7. Adjustment of Sustainable Forest Management Plan

a) In cases where the competent state authority decides to adjust the area of forest land affecting the purpose of the forest area or the forest owner has a need to adjust the sustainable forest management plan to meet management, production, and business requirements, the forest owner shall submit the adjustment 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 Clauses 1, 3, and 4 of Article 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 without changing the sustainable forest management objectives of the plan, the forest owner may approve the adjustment plan themselves and send it to the approving authority.

8. Documents, materials, and maps serving the development of a sustainable forest management plan must have legal origins, remain valid, and be collected, investigated directly or inherited from existing documents, materials, and maps up to the time of establishing the sustainable forest management plan. Any changes must be investigated, statistically analyzed, and updated accordingly.

9. Types of maps and map scales for the sustainable forest management plan

a) Types of maps include: Current forest status map according to TCVN 11565:2016; current land use status map according to regulations of the Ministry of Agriculture and Environment; sustainable forest management map applied according to TCVN 11566:2016 showing the areas of various types of forests managed, protected, developed, used, biodiversity conservation, forest infrastructure, ecotourism, rest, entertainment facilities according to the forest owner's sustainable forest management plan.

b) Map scale 1:5,000 or 1:10,000 or 1:25,000 or 1:50,000 shall be determined by the forest owner in accordance with the size of the forest area.

10. The forest owner shall self-monitor and evaluate the activities of sustainable forest management that have been approved; report the results according to Model No. 03 in Appendix III issued together with this Circular.

Article 13. Approval or adjustment of sustainable forest management plans

1. Forest owners are organizations under ministries or ministerial-level agencies

a) The authority to approve or adjust the sustainable forest management plan of the forest owner is the Minister or Head of a ministerial-level agency.

b) Documents include:

A proposal for approval or adjustment of the sustainable forest management plan according to Model No. 04 or Model No. 05 in Appendix III issued together with this Circular;

The sustainable forest management plan as prescribed in point a, Clause 5, Article 12 of this Circular;

Copies of various maps: current status of the forest, current land use status, and the original map of sustainable forest management as prescribed in Clause 9, Article 12 of this Circular.

c) Implementation procedures:

The forest owner shall submit directly or through postal services or electronic environment one set of documents as prescribed in point b of this clause to the agency of the person having the authority as prescribed in point a of this clause;

The agency of the person having the authority as prescribed in point a of this clause shall check the validity of the components of the dossier, respond immediately to dossiers submitted directly, within one working day from the date of receipt of the dossier for dossiers submitted through postal services or electronic environment; in case the dossier does not have all required components, notify the forest owner in writing and specify the reasons;

Within three working days from the date of receiving a valid dossier, the agency of the person having the authority as prescribed in point a of this clause shall seek opinions in writing from the People's Committee of the province where the forest owner has been assigned land or forests, or rented land or forests, and related agencies and units on the contents of the plan; in case the forest owner belongs to another ministry or ministerial-level agency, also seek the opinion of the Ministry of Agriculture and Rural Development;

Within five working days from the date of receiving the document seeking opinions, the agencies, units, and localities sought for opinions shall be responsible for responding in writing;

Within twelve working days from the date of receiving written opinions from the agencies and localities, the agency of the person having the authority as prescribed in point a of this clause shall complete the report on the results of the review according to Model No. 06 in Appendix III; submit to the person having the authority as prescribed in point a of this clause for approval of the sustainable forest management plan according to Model No. 07 in Appendix III or approval of the adjustment of the sustainable forest management plan according to Model No. 08 in Appendix III issued together with this Circular; in case of non-approval or non-adjustment of the sustainable forest management plan, reply in writing to the forest owner and specify the reasons.

2. Forest owners are economic organizations or armed forces units

a) Economic organizations or armed forces units that have been assigned land or rented land by the State to grow production forests using their own capital investment; foreign-invested enterprises that have been rented land by the State to grow production forests may independently decide to approve the sustainable forest management plan according to Model No. 07 in Appendix III or adjust the sustainable forest management plan according to Model No. 08 in Appendix III issued together with this Circular to organize its implementation.

b) After approving or adjusting the sustainable forest management plan, within ten working days from the date of approval, the forest owner must send one original decision approving the sustainable forest management plan or decision approving the adjustment of the sustainable forest management plan to the Department of Agriculture and Rural Development where the forest owner has been assigned land or rented land.

3. Forest owners are organizations not falling under the provisions of Clause 1 and Clause 2 of this Article

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

b) The dossier for requesting approval or adjustment of the sustainable forest management plan of the forest owner shall be implemented according to the provisions of point b of Clause 1 of this Article.

c) Implementation procedures:

The forest owner shall submit directly or through postal services or electronic environment one set of documents as prescribed in point b of this clause to the Department of Agriculture and Rural Development;

The Department of Agriculture and Rural Development shall check the validity of the components of the dossier, respond immediately to dossiers submitted directly, within one working day from the date of receipt of the dossier for dossiers submitted through postal services or electronic environment; in case the dossier does not have all required components, notify the forest owner in writing and specify the reasons;

Within three working days from the date of receiving a valid dossier, the Department of Agriculture and Rural Development shall seek opinions in writing from relevant agencies and units and the People's Committee of the commune where the forest owner has been assigned land or forests or rented land or forests on the contents of the plan;

Within five working days from the date of receiving the document seeking opinions, the agencies, units, and localities sought for opinions shall be responsible for responding in writing;

Within twelve working days from the date of receiving written opinions from the agencies, units, and localities sought for opinions, the Department of Agriculture and Rural Development shall complete the report on the results of the review according to Model No. 06 in Appendix III issued together with this Circular; submit to the Chairman of the Provincial People's Committee for approval of the sustainable forest management plan according to Model No. 07 in Appendix III or approval of the adjustment of the sustainable forest management plan according to Model No. 08 in Appendix III issued together with this Circular; in case of non-approval or non-adjustment of the sustainable forest management plan, reply in writing to the forest owner and specify the reasons.

4. Forest owners are households, individuals, community residents, or groups of households or cooperatives organized to operate eco-tourism activities

a) The authority to approve or adjust the sustainable forest management plan of the forest owner or representative of the group of households or cooperative is the Chairman of the Commune People's Committee.

b) Documents include:

A request for approval or adjustment of the sustainable forest management plan according to Model No. 09 or Model No. 10 in Appendix III issued together with this Circular;

The sustainable forest management plan as prescribed in point b, Clause 5, Article 12 of this Circular;

Copies of various maps: current status of the forest, current land use status, and the original map of sustainable forest management as prescribed in Clause 9, Article 12 of this Circular.

c) Implementation procedures:

The forest owner or representative of the group of households or cooperative shall submit directly or through postal services or electronic environment one set of documents as prescribed in point b of this clause to the agency of the person having the authority as prescribed in point a of this clause;

The authority's agency as prescribed in point a clause this shall examine the file and immediately respond to the validity of the file components for files submitted directly, within 01 working day from the date of receipt of the file for files submitted through postal services or electronic environment; in case the file does not meet the required components, notify in writing to the forest owner or representative of the group household or cooperative and specify the reasons;

Within 01 working day from the date of receipt of the valid file, the authority's agency as prescribed in point a clause this shall seek opinions in writing from relevant agencies and units on the content of the sustainable forest management plan;

Within 05 working days from the date of receipt of the opinion solicitation document, relevant agencies and units shall be responsible for responding in writing;

Within 09 working days from the date of receipt of the documents from the solicited agencies and units, the authority's agency as prescribed in point a clause this shall complete the report on the review results according to Model number 06 Appendix III issued together with this Circular; submit to the authority as prescribed in point a clause this for approval of the sustainable forest management plan according to Model number 11 Appendix III or approval of the adjustment of the sustainable forest management plan according to Model number 12 Appendix III issued together with this Circular; in case of non-approval or adjustment of the sustainable forest management plan, reply in writing to the forest owner or representative of the group household or cooperative and specify the reasons.

Article 14. Criteria for sustainable forest management, types of sustainable forest management certification; Organizations assessing and issuing sustainable forest management certification

1. The set of criteria for sustainable forest management consists of 07 principles, 36 criteria, and 139 indicators. Details of the set of criteria for sustainable forest management are stipulated in Appendix V issued together with this Circular.

2. Sustainable forest management certification includes:

a) Sustainable forest management certification issued by Vietnam;

b) Sustainable forest management certification issued by international organizations;

c) Sustainable forest management certification jointly issued by Vietnam and international organizations.

3. The sustainable forest management certification as prescribed in clause 2 of this Article serves as the basis for verifying the legality of wood origin.

4. Organizations assessing and issuing sustainable forest management certification include:

a) Vietnam organization assessing and issuing sustainable forest management certification;

b) International organization assessing and issuing sustainable forest management certification;

c) Joint Vietnam and international organization assessing and issuing sustainable forest management certification.

5. Activities of organizations assessing and issuing sustainable forest management certification shall be carried out in accordance with the provisions of Decree No. 107/2016/ND-CP dated July 1, 2016 of the Government on conditions for operating conformity assessment services which has been amended and supplemented by Decree No. 154/2018/ND-CP.

6. Forest owners voluntarily and independently decide on the type of sustainable forest management certification and the organization assessing and issuing sustainable forest management certification.

7. Issuing sustainable forest management certification

a) Forest owners are granted sustainable forest management certification when meeting the conditions as prescribed in clause 2 of Article 28 of the Forestry Law;

b) The assessment and issuance of sustainable forest management certification shall be conducted in accordance with the guidelines of the organization assessing and issuing sustainable forest management certification.

Section 2

Article 15. Forest Classification

Article 15. Forest Classification

1. Forest classification based on origin

a) Natural forests, including: primary forests; secondary forests, including: restored secondary forests and secondary forests after harvesting.

b) Planted forests classified by tree species and age class, including: newly planted forests on land without existing forests; replanted forests; regrown forests after harvesting planted forests.

2. Forest classification based on site conditions

a) Mountain soil forests, including: forests on hills and mountains with soil.

b) Mountain rock forests, including: forests on rocky mountains or areas with exposed rocks having little or no surface soil.

c) Permanently or periodically flooded forests, including:

Mangrove forests, including: coastal and river mouth forests with permanent or periodic tidal flooding; brackish water forests, including: forested areas on brackish and slightly saline waterlogged lands; permanently or periodically flooded freshwater forests.

d) Sandy land forests, including: forests on sand dunes and beaches.

3. Forest classification based on tree species

a) Timber forests, mainly consisting of tree species, including: evergreen broadleaf forests, deciduous broadleaf forests, and semi-deciduous broadleaf forests; coniferous forests; mixed broadleaf and coniferous forests.

b) Bamboo forests.

c) Mixed timber and bamboo forests.

d) Palm and coconut forests.

4. Natural forest classification based on stock volume

a) For timber forests, including: rich forests; medium forests; poor forests; extremely poor forests and forests without stock volume.

b) For bamboo forests: forests are classified by tree species, diameter class, and density class.

5. Areas without forests

a) Areas with regenerating trees in the enclosure and restoration phase to become forests.

b) Areas where forest trees have been planted but have not yet met the criteria for becoming forests.

c) Other areas being used for forest protection and development.

6. Detailed forest classification according to Appendix VI issued together with this Circular.

Article 16. Forest Survey

1. Specialized forest survey

a) Tasks of specialized forest survey, including: forest area survey; forest stock survey; forest structure survey; forest growth survey; forest regeneration survey; non-timber forest product survey; site survey; scattered tree survey; forest ecosystem diversity survey; forest vegetation diversity survey; forest vertebrate diversity survey; forest insect and pest survey; forest carbon stock survey.

b) Procedure for specialized forest survey:

Preparation work, including: developing outline and budget estimate; preparing necessary materials and equipment; collecting and processing images, maps, and related documents; determining the required sample size based on the survey content; designing the survey sampling system on the map;

Field survey, including: establishing field survey samples; collecting data and specimens from survey samples; supplementary surveys of forest condition plots to create current forest status maps and other specialized maps (if applicable); checking, monitoring, and accepting the quality of field survey;

Processing and internal calculation, including: editing and completing current forest status maps and specialized maps (if applicable); selecting software, mathematical statistical methods, and processing and calculating forest area, forest quality indicators, site conditions, biodiversity; analyzing, summarizing, writing reports on forest survey results and specialized reports; checking and accepting the quality of specialized forest survey results.

c) Organization of specialized forest survey:

Specialized forest survey organizations shall implement in accordance with the provisions of the law; agencies deciding on specialized forest survey projects are responsible for approving and announcing survey results.

2. Forest Area Survey

a) Survey Content:

Article 1 ||| Conduct surveys on the area of primary natural forests, secondary natural forests; survey the area of mountain soil forests, mountain rock forests, forests on flooded land, and forests on sand; survey the area of planted forests by species and age class; survey the area of protected regeneration zones, newly planted areas that have not yet become forests, and other areas currently being used for forest protection and development; survey the area of various forest conditions according to the forest owner and administrative units.

b) Survey method:

The survey of forest area is conducted by forest condition plots; remote sensing image interpretation; construction of current status forest maps using specialized software; supplementary field surveys of current status forest plots; editing and completing current status forest maps and calculating the area of forest condition plots using specialized software.

c) Survey outcomes:

Current status forest maps meeting the requirements of the survey content and ensuring compliance with legal provisions on measurement and mapping; original data system, summarized data according to Tables 04, 05, and 08 in Appendix VII issued together with this Circular; report on survey results and assessment of forest area.

Article 3 ||| Forest Stock Survey

a) Survey Content: survey the wood stock of natural forests and planted forests; survey the bamboo and reed stock of natural forests and planted forests; survey the wood and bamboo and reed stock of mixed wood and bamboo and reed forests.

b) Survey method:

Use standard sampling plots arranged randomly or systematically, with an area of 1,000 m², for natural forest conditions larger than 2,000 ha; use typical standard sampling plots with an area from 500 m² to 1,000 m² for natural forest conditions smaller than 2,000 ha, with a sampling plot area ratio ranging from 0.01% to 0.1%; use typical standard sampling plots arranged according to each forest condition (species, age class) with an area from 100 m² for planted forests, with a sampling plot area ratio ranging from 0.01% to 0.05%;²for natural forest states with an area larger than 2,000 hectares; using standard sample plots with an area from 500 m² to 1,000 m²for natural forest states with an area smaller than 2,000 hectares, the sampling area ratio for investigation ranges from 0.01% to 0.1%; using standard sample plots arranged according to each forest state (species, age class) with an area from 100 m² b) Type B: Land area from 350 to 400 square meters, usable house area from 250 to 300 square meters² for planted forests, the sampling area ratio for investigation ranges from 0.01% to 0.05%;

Survey trees and bamboo and reeds, including: identifying tree species, quality, measuring top height, diameter at breast height (DBH) at 1.3 m; in cases where it is necessary to calculate lost forest stock, measure DBH at 1.3 m for felled trees still present on-site, measure stump diameter for trees only leaving stumps;

Use rapid forest stock survey equipment; pre-established stock tables for reference; specialized software for processing; mathematical statistical methods to calculate forest stock.

c) Survey outcomes:

Original data system and comprehensive stock tables according to Tables 01, 02, 03, 06, 07, and 09 in Appendix VII issued together with this Circular; report on survey results and assessment of forest stock.

Article 4 ||| Forest Structure Survey

a) Survey Content:

Average forest compartment indicators, including: diameter at breast height (DBH) at 1.3 m, top height, cross-sectional area, stock; forest composition structure; forest density structure; canopy layer structure; forest shade density; distribution of trees by DBH; distribution of trees by height; correlation between height and DBH.

b) Survey method:

Use typical standard sampling plots with a minimum area of 2,000 m² to survey forest structure; measure and collect indicators, including: tree name, DBH at 1.3 m, top height, height below branches, crown diameter; shade density; draw longitudinal and cross-sectional profiles of the tree layer at a scale of 1/100; use mathematical methods and software to calculate average forest compartment indicators as specified in point a of this clause.² to investigate the forest structure; measuring and collecting indicators including: name of forest tree, diameter at breast height (1.3 meters), top height, height below branches, crown diameter; canopy density; drawing longitudinal and transverse cross-sections of the tree layer at a scale of 1/100; using mathematical methods and software to calculate average forest indicators according to point a of this clause.

c) Survey outcomes:

Original data system, comprehensive result tables of forest structure survey according to Tables 01, 10, and 29 in Appendix VII issued together with this Circular; cross-sectional and longitudinal profiles about the spatial structure of the forest; report on survey results and assessment of forest structure.

Article 5 ||| Forest Growth Survey

a) Survey Content:

Annual continuous growth; periodic continuous growth; periodic average growth; overall average growth; growth rate; survey of individual tree growth, including: DBH, height, trunk shape, volume; survey of forest compartment growth, including: density, average DBH, average height, total cross-sectional area, and forest compartment stock.

b) Survey method:

Individual tree growth survey methods include: tree section analysis method, increment core drilling method, periodic time-based measurement method, and model-based growth calculation method for certain tree species;

Forest compartment growth survey methods include: establishing positioning plots to survey and measure growth of forest compartment indicators over the years; in the case of planted forests, survey growth by soil classes;

Methods for calculating annual continuous growth; periodic continuous growth; periodic average growth; overall average growth; growth rate according to Table 11 in Appendix VII issued together with this Circular.

c) Survey outcomes:

Original data system and comprehensive result tables of forest growth survey according to Tables 12, 13, 14, 15, and 16 in Appendix VII issued together with this Circular; report on survey results and assessment of forest growth.

Article 6 ||| Forest Regeneration Survey

a) Survey Content:

Names of regenerating tree species; height of regenerating trees; origin of regenerating trees; density of regenerating trees; composition of regenerating trees; distribution of regenerating trees; quality of regenerating trees; relationship between regenerating trees and the tree layer; proportion of promising regenerating trees.

b) Survey method:

Use standard sampling plots to measure regenerating trees, arranged within the standard sampling plots for tree wood, positioning plots, or within the protected regeneration zone of the forest; collect information and measure indicators for the following contents: names of regenerating tree species; height of regenerating trees; origin of regenerating trees; distribution of regenerating trees. Use mathematical statistics and software to calculate average height of regenerating trees, average density of regenerating trees, quality groups of regenerating trees, composition of regenerating trees, relationship between regenerating trees and the tree layer, proportion of promising regenerating trees.

c) Survey outcomes:

Data system and comprehensive result tables of forest regeneration survey according to Tables 17 and 18 in Appendix VII issued together with this Circular; compilation of promising regenerating trees according to Table 19 in Appendix VII issued together with this Circular; report on survey results and assessment of forest regeneration.

7. Investigation of Non-Timber Forest Products

a) Survey Content:

Products with fibers include: bamboo, rattan, reed, rush, fiber-bearing tree trunks, and grasses; plant-based food products including stems, shoots, roots, tubers, leaves, flowers, fruits, nuts, spices, oilseeds, and mushrooms; medicinal and cosmetic products derived from plants; extracts including: resins, resin oils, latex, tannins, dyes, fatty oils, and essential oils; other non-timber forest products.

b) Survey method:

Species investigation: using typical survey lines or standard sampling plots to identify all species of non-timber forest products appearing on the survey lines or within the standard sampling plots.

Area investigation: using the current forest map as stipulated in Point b Clause 2 of this Article to investigate the area of non-timber forest products in natural forests; compiling and stacking maps of planted non-timber forest products to supplement the area of planted non-timber forest products.

Stock investigation: for non-timber forest products that are parts of timber trees, using the method prescribed in Point b Clause 3 of this Article; for non-timber forest products originating from other plants, establishing standard sampling plots to measure all individual non-timber forest products, identifying the parts used of each plant, determining the productivity of each plant to determine annual stock and potential; for non-timber forest products originating from animals, conducting survey lines combined with interviews to determine the parts used and annual productivity to calculate stock.

c) Survey outcomes:

The original data system and summary tables of the investigation results of non-timber forest products according to Tables 03, 07, 20, 21, and 22 in Appendix VII issued together with this Circular; distribution maps of non-timber forest products; reports on the investigation and assessment of non-timber forest products.

8. Site Survey

a) Survey Content:

Surveying sites: level 1, level 2, level 3; land forest survey; the level of detail of survey indicators according to Table 23 in Appendix VII issued together with this Circular.

b) Survey method:

Using standard site survey sampling plots, with areas ranging from 100 to 200 square meters.²; describing site factors, including: topography, terrain, climate, hydrology, surface cover; digging and describing soil profiles and analyzing soil physical and chemical indicators according to Table 23 and Table 24 in Appendix VII issued together with this Circular; overlaying maps.

c) Survey outcomes:

Level 1, level 2, and level 3 site maps according to the laws on surveying and mapping; original data system, soil analysis result tables; explanation of site maps.

9. Standing Tree Survey

a) Survey Content:

Surveying the shape of the trunk, including: normal form number and natural form number of the trunk; surveying fallen trees or trunk parts, including: diameter, length (or height) of the trunk and volume of the tree (with bark, without bark); surveying standing trees, including: diameter at breast height (DBH), root collar diameter, crown diameter, top height, height below branches, volume of the tree (with bark, without bark) and quality of the tree; surveying cut stumps, including: diameter and height.

b) Survey method:

Using specialized measuring tools for forest surveys to directly measure standing trees or fallen trunk parts and cut stumps. Determining the normal form number by dissecting the trunk to calculate the actual volume of the tree and comparing it with the volume of a cylinder having a diameter equal to the DBH and a height equal to the length of the trunk; determining the natural form number by dissecting the trunk to calculate the actual volume of the tree and comparing it with the volume of a cylinder having a diameter equal to the tenth position from the base and a height equal to the length of the trunk.

Calculating the volume of fallen tree parts: the formula for calculating the volume of fallen tree parts or round logs is calculated by multiplying the average cross-sectional area (x) by the length of the fallen tree or round log.

Indirectly calculating the volume of standing trees through the formula: V = G.H.F (where: V is the volume of the trunk; G is the cross-sectional area of the trunk; H is the height of the tree; F is the form factor) or using pre-established volume tables and pre-established volume calculation models to look up and determine the volume of standing trees.

The crown diameter of the tree is measured through the ground projection of the crown or by drawing horizontal cross-sections of the crown according to their true shape and distribution in the forest compartment; assessing the quality of standing trees through observations of the morphology and growth of the trees to classify them into good, medium, and poor categories.

c) Survey outcomes:

The measurement, collection data system, and summary tables of the investigation and calculation results of standing trees according to Table 25 and Table 26 in Appendix VII issued together with this Circular; reports on the investigation and assessment of standing trees.

10. Investigation of Forest Ecosystem Diversity

a) Survey Content:

Article ||| Survey the area of various types of forest vegetation cover; survey the basic characteristics of forest ecosystems, including groups of factors such as forest animals, forest plants, geography, topography, climate, hydrology, and human impact factors; survey the structure of other ecosystems, including natural and artificial water surfaces, grasslands, shrubs, and other habitats.

b) Survey method:

Use the current status map of forests as prescribed in Point c Clause 2 of this Article to determine the types of forest vegetation cover; use standard sample plots with an area of 2,000 square meters² to survey the types of forest vegetation cover, describe the basic characteristics of forest ecosystems, and the structure of forest ecosystems as stipulated in Point a of this Clause.

c) Results of the survey on the diversity of forest ecosystems:

Map of forest ecosystems showing the boundaries of distribution of various types of ecological vegetation cover as prescribed by laws on surveying and mapping; explanatory report on the diversity of forest ecosystems.

11. Survey on the diversity of forest plants

a) Survey Content:

Survey the components of forest plants, including vascular plants and non-vascular plants; compile a list of forest plant species; determine the geographical elements of forest plants; determine the life forms of forest plants; determine the uses of forest plants; survey the distribution of endangered, precious, and rare forest plant species.

b) Survey method:

Use typical survey lines passing through different elevation zones, various landforms, and different forest conditions; identify all plant species that appear; record the life forms and uses of plants according to Table 27 attached as Appendix VII of this Circular; determine the distribution of endangered, precious, and rare forest plant species on maps or using GPS along the survey lines combined with interviews with local residents; collect plant specimens and describe them according to Table 28 attached as Appendix VII of this Circular.

c) Survey outcomes:

List of forest plants according to Table 29 attached as Appendix VII of this Circular; list of endangered, precious, and rare forest plant species; map of the distribution of endangered, precious, and rare forest plants; forest plant specimen samples; report on the results of the survey and assessment of forest plant diversity.

12. Survey on the diversity of forest vertebrate animals

a) Survey Content:

Survey and compile a list of mammals; survey and compile a list of birds; survey and compile a list of reptiles and amphibians; survey and compile a list of fish; survey populations, distributions, and compile a list of endangered, precious, and rare animal species.

b) Survey method:

Use typical lines and points representing various habitats; observe directly, count individual and group numbers, group structures for large mammals, range of group activities; recognize calls and songs; recognize characteristic traces; use camera traps; record survey data on forest vertebrate animals according to Table 30 attached as Appendix VII of this Circular; collect specimen samples and describe them according to Table 31 attached as Appendix VII of this Circular; survey preserved specimens and traces in villages and combine with interviews with local residents.

c) Survey outcomes:

List of forest animals according to Table 32 attached as Appendix VII of this Circular; list of endangered, precious, and rare forest animal species; map of the distribution of endangered, precious, and rare forest animals; forest animal specimen samples and description forms; report on the results of the survey and assessment of forest vertebrate animals.

13. Survey on forest insects and forest pests and diseases

a) Survey Content:

Investigate forest insects, including: species composition, density, distribution; establish a list of forest insects; establish a list of forest insect species included in the list of endangered, precious, and rare forest flora and fauna; investigate and forecast forest pests and diseases; collect forest insect specimens and forest pest and disease samples.

b) Survey method:

Use a standard forest investigation plot with an area of 2,500 square meters.²In the standard forest investigation plot, set up systematic investigation lines to investigate flying insects, establish standard plots of 1 square meter² to investigate soil insects, select standard trees to investigate forest insects on trees or forest pests and diseases; record investigation indicators for forest insects according to Table 33 Appendix VII; collect specimen samples and describe forest insects and forest pests and diseases according to Table 34 Appendix VII issued together with this Circular.

Use typical investigation lines to collect data and specimen samples of forest pests and diseases.

c) Survey outcomes:

List of forest insects according to Table 35 Appendix VII issued together with this Circular; list of forest pests and diseases; list of endangered, precious, and rare forest insects; specimen samples of forest insects, pests, and diseases and description forms; report on the results of investigating forest insects; report on the results of investigating and forecasting forest pests and diseases.

14. Investigate biomass and carbon stock in forests

a) Survey Content:

Investigate living plant biomass, including: above-ground and below-ground parts of trees;

Investigate forest carbon stock, including: carbon in live biomass, carbon in dead wood, carbon in litter, and carbon in soil.

b) Survey method:

Establish a system of standard plots as prescribed in point b Clause 3 of this Article; collect investigation samples, including: timber trees, regenerating trees, shrubs, fresh vegetation, vines, litter, and underground tree parts to directly calculate carbon stock; take soil samples and analyze carbon stock in soil. Calculate carbon stock using direct methods from sample collection or indirect conversion from biomass.

c) Results of investigating biomass and carbon stock: original investigation data, summarized data according to Table 36 Appendix VII issued together with this Circular; report on the results of investigating and evaluating forest biomass and carbon stock.

Article 17. Periodic Forest Investigation

1. Duties:

Based on objectives and management requirements, periodic forest investigation tasks are determined as follows: investigate forest area as prescribed in point a Clause 2 Article 16; investigate forest volume as prescribed in point a Clause 3 Article 16; investigate non-timber forest product volume as prescribed in point a Clause 7 Article 16; investigate carbon stock as prescribed in point a Clause 14 Article 16; investigate forest structure as prescribed in point a Clause 4 Article 16; investigate forest growth as prescribed in point a Clause 5 Article 16; investigate forest regeneration as prescribed in point a Clause 6 Article 16; investigate shrub and fresh vegetation structure; conduct land surveying as prescribed in point a Clause 8 Article 16; investigate ecosystem diversity as prescribed in point a Clause 10 Article 16; investigate forest plant diversity as prescribed in point a Clause 11 Article 16; investigate terrestrial forest animal diversity as prescribed in point a Clause 12 Article 16; investigate forest insects and forest pests and diseases as prescribed in point a Clause 13 of this Circular.

2. Procedure:

a) Preparation work, including: drafting and planning periodic forest investigation and evaluation; developing and issuing technical measures for implementation; preparing necessary materials and equipment; collecting data from previous periodic forest investigation and evaluation; designing cluster plots and ecological positioning plots on maps; interpreting remote sensing images to build current status forest maps.

b) Field investigation, including: establishing cluster plots and ecological positioning plots in the field; collecting data and samples from cluster plots and positioning plots; supplementary investigation to build current status forest maps; inspecting, supervising, and accepting the quality of field investigation.

c) Processing and internal calculation, including: editing and completing current status forest maps; selecting software, mathematical statistics methods, and processing and calculating forest area, forest quality indicators, land surveying, biodiversity; calculating reference emission paths and reference paths for forests; analyzing, summarizing, and writing reports on the results of periodic forest investigation; inspecting and accepting the quality of periodic forest investigation results.

d) Establishing and updating the database for periodic forest investigation and evaluation.

3. Methodology:

a) Periodic forest area investigation uses the method prescribed in point b Clause 2 Article 16 of this Circular.

b) Investigating forest quality using a cluster plot system:

Across the entire forest area and areas without forests, establish a grid of 8 km x 8 km squares, placing one cluster plot at each grid intersection. Within each cluster plot, establish five measurement plots in an L-shape; the distance between measurement plots is 150 meters; each measurement plot has an area of 1,000 square meters.².

Every five years, investigate and collect data from cluster plots, including: forest volume indicators (timber and bamboo) as prescribed in point b Clause 3 Article 16; forest regeneration indicators as prescribed in point b Clause 6 Article 16; determine the species composition and volume of non-timber forest products as prescribed in point b Clause 7 Article 16; determine the species composition, measure the height and canopy cover of shrubs and fresh vegetation; investigate forest carbon stock using sampling methods (timber, regenerating trees, shrubs, fresh vegetation, vines, litter, underground tree parts), take soil samples and analyze carbon stock in soil to calculate carbon stock as prescribed in point b Clause 14 of this Circular.

c) Investigating forest quality using a national forest ecological positioning plot system:

Select 10% of the positions of 8 km x 8 km grids representing different types of forests across elevation zones, sub-ecoregions, and ecoregions to establish national forest ecological positioning plots with an area of 100 hectares per plot. Within each ecological positioning plot, establish three research plots with an area of 1 hectare each.

Every five years, conduct surveys and collect data in ecological grid cells, including: forest stock indicators, forest regeneration, non-timber forest products, shrubs, fresh vegetation, forest carbon stock as specified in Point b Clause of this Article; forest structure indicators as specified in Point b Clause 4 Article 16; forest growth indicators as specified in Point b Clause 5 Article 16; site indicators as specified in Point b Clause 8 Article 16; forest ecosystem biodiversity indicators as specified in Point b Clause 10 Article 16; use current forest status maps as specified in Point c Clause 2 Article 16 to determine types of forest vegetation, describe basic characteristics of forest ecosystems; forest plant biodiversity indicators as specified in Point b Clause 11 Article 16; forest wildlife biodiversity indicators with vertebrates as specified in Point b Clause 12 Article 16; use research grids to survey insect and pest indicators in forests as specified in Point b Clause 13 Article 16 of this Circular.

Between each five-year cycle, review and update information on changes regarding forest owners, forest area, and other changes due to external impacts within national forest ecological grid cells.

4. Implementation:

a) The Forestry and Forest Protection Department shall submit to the Minister of Agriculture and Rural Development for approval the policy, outline, and budget estimate for conducting periodic forest surveys and assessments nationwide; supervise the implementation process, accept annual results; complete documentation for submission to the Ministry of Agriculture and Rural Development for approval after the completion of the survey cycle.

b) The specialized agencies assigned to implement technical contents according to the methods prescribed in Clause 3 of this Article.

c) The survey cycle and publication of survey results shall be carried out in accordance with Clause 2 Article 33 of the Forestry Law.

Article 18. Forest Inventory

1. Tasks of forest inventory include: inventory by condition; inventory by management entity; inventory by purpose of use and establishment of forest management files.

2. Contents of forest inventory:

a) Inventory by condition:

Inventory of forest area and stock: natural forests and planted forests; forests on mountain soil, forests on rocky mountains, flooded forests, forests on sand; timber forests, bamboo and rattan forests, mixed timber and bamboo forests, palm and coconut forests.

Inventory of areas without forests: areas with regenerating trees in the enclosure and recovery phase to become forests; areas where forest trees have been planted but have not yet met the criteria for becoming forests; other areas currently being used for forest protection and development.

b) Inventory by management entity:

Inventory of forest stock and area of forest owners as stipulated in Article 8 of the Forestry Law.

Inventory of forest area and stock managed by the People's Committee of communes.

c) Inventory by purpose of use:

Inventory of special-purpose forests, including: national parks, nature reserves, species and habitat conservation areas, scenic protection areas, scientific experimental research forests, national botanical gardens, and national seedling forests.

Inventory of protective forests, including: upstream protective forests, community water source protective forests, border protective forests, windbreak and sandstorm protective forests, and wave and coastal intrusion protective forests.

Inventory of production forests, including: natural forests and planted forests.

3. Process of forest inventory:

a) The Department of Agriculture and Rural Development shall guide the organization and implementation of forest inventory in the province.

b) Specialized forestry agencies shall carry out technical contents, including:

The Provincial Forest Protection Service or the Department of Agriculture and Rural Development in places where the Provincial Forest Protection Service has not been established shall overlay commune-level current forest status maps, land allocation maps, and forest allocation maps onto remote sensing images to create maps for forest inventory purposes; specifically identify the location and boundaries of forest owners on the inventory maps; hand over the results to the Forest Protection Station within seven days from the date of completing the creation of the inventory maps.

The Forest Protection Station or the Provincial Forest Protection Service in places where the Forest Protection Station has not been established shall hand over the results as specified in Point b of this Clause to forest management entities within seven days from the date of receiving the results of creating the inventory maps.

c) Forest management entities shall inspect the current state of the forest at the time of inventory and fill in information according to Form 01 and 02 of Appendix VIII issued together with this Circular.

d) The Forest Protection Station or the Provincial Forest Protection Service in places where the Forest Protection Station has not been established shall cooperate with forest management entities and relevant agencies to perform tasks: field inspection to adjust the position, boundaries, and other information of the inventory plots if necessary; adjust attribute and boundary information of the inventory plots on digital maps if there are changes; compile and finalize commune-level inventory maps; establish forest management files according to Points a and b Clause 5 of this Article.

e) The People's Committee of communes shall confirm commune-level inventory maps, commune-level forest management files, and forest owner group I management files and send them to the Provincial Forest Protection Service or the Department of Agriculture and Rural Development in places where the Provincial Forest Protection Service has not been established.

f) The Provincial Forest Protection Service or the Department of Agriculture and Rural Development in places where the Provincial Forest Protection Service has not been established shall cooperate with relevant agencies to perform tasks: compile and finalize provincial-level inventory maps; prepare summary tables of inventory results by administrative level according to Forms 03, 04, 05, 06, 07, 08, 09, 10, 15, and 16 of Appendix VIII issued together with this Circular; establish provincial-level forest management files according to Point b Clause 5 of this Article; aggregate, advise the Department of Agriculture and Rural Development to submit to the People's Committee of provinces for approval and publication of provincial-level inventory results and send them to the Forestry and Forest Protection Department.

g) The Forest Management and Forest Protection Department shall coordinate with relevant agencies to perform the following tasks: editing and finalizing the national forest inventory map; compiling the national forest inventory results summary table according to Tables 03, 04, 05, 06, 07, 08, 09, 10, 15, and 16 in Appendix VIII issued together with this Circular; summarizing and submitting to the Ministry of Agriculture and Rural Development for approval and publication of the national forest inventory results.

4. Inventory outcomes:

a) The forest inventory result map using the VN-2000 national reference system and coordinate system at the following scales:

Commune, district level, and Forest Group II: Scale 1:5,000 for natural area size less than 3,000 hectares; scale 1:10,000 for natural area size from 3,000 to 12,000 hectares; scale 1:25,000 for natural area size from 12,000 to 100,000 hectares; scale 1:50,000 for natural area size from 100,000 to 350,000 hectares; scale 1:100,000 for natural area size over 350,000 hectares.

Nationwide: Scale 1:1,000,000.

b) The system of summary tables of forest inventory results by administrative levels and nationwide shall be implemented in accordance with point e and point g, Clause 3, Article 4 of this Decree.

5. Forest management files:

a) Forest management files of the Forest Owner:

The forest management file of Forest Owner Group I shall be established according to Table 11 in Appendix VIII issued together with this Circular, wherein the land parcel location diagram shall be extracted from the commune-level forest inventory result map.

The forest management file of Forest Owner Group II shall be established according to Table 12 in Appendix IX issued together with this Circular.

b) Forest management files by administrative units, including:

Forest management book: commune level according to Table 13 in Appendix VIII issued together with this Circular; provincial level according to Table 14 in Appendix VIII issued together with this Circular; the system of forest inventory result maps at all levels as stipulated in point a, Clause 4, Article 4 of this Decree; the system of forest inventory result tables as stipulated in point e, Clause 3, Article 4 of this Decree.

c) Management and storage of forest management files (in paper or digital form) as stipulated in points a and b of this clause:

The forest management file of Forest Owner Group I shall be managed and stored at the Forest Owner and the Forest Protection Station or Provincial Forest Protection Sub-Department for areas where no Forest Protection Station has been established; the forest management file of Forest Owner Group II shall be managed and stored at the Forest Owner and the Provincial Forest Protection Sub-Department or Provincial Department of Agriculture and Rural Development for areas where no Provincial Forest Protection Sub-Department has been established;

The forest management file at the commune level shall be managed and stored at the People's Committee of the commune and the Forest Protection Station or Provincial Forest Protection Sub-Department for areas where no Forest Protection Station has been established; the forest management file at the provincial level shall be managed and stored at the Provincial Forest Protection Sub-Department or Provincial Department of Agriculture and Rural Development for areas where no Provincial Forest Protection Sub-Department has been established; national data shall be managed and stored at the Forest Management and Forest Protection Department.

6. Organization of implementation:

a) The Forest Management and Forest Protection Department shall submit to the Minister of Agriculture and Rural Development for issuance of directives on forest inventory in accordance with the provisions of the law.

b) People's Committees at all levels shall organize the implementation of forest inventory in their localities.

c) The People's Committee of the province shall approve and publish the provincial forest inventory results.

d) The Forest Management and Forest Protection Department shall compile and submit to the Ministry of Agriculture and Rural Development for approval and publication of the national forest inventory results.

đ) The agency deciding the forest inventory project shall be responsible for approving and organizing its implementation in accordance with the provisions of the law.

Article 19. Monitoring Forest Dynamics

1. Duties:

a) Monitor forest dynamics by forest status.

b) Monitor forest dynamics by forest owner.

c) Monitor forest dynamics by forest use purpose.

d) Monitor forest dynamics by causes.

2. The remaining 60% shall be used to supplement the operating funds of units directly responsible for public debt management at the Ministry of Finance (outside the regular state budget allocation for ongoing operations as currently provided) for the purposes specified in Article 4 of this Decision.

a) Use the results of the forest inventory integrated into the central monitoring database for forest dynamics maintained by the Forest Management and Inspection Department (referred to as Central Data) as the original data to implement annual forest dynamics monitoring. The data published in the previous year serves as the basis for implementing forest dynamics monitoring in the following year.

b) Use the software for updating forest dynamics issued by the Forest Management and Inspection Department.

c) Use necessary measuring devices and tools, including computers, satellite positioning devices, tablets, unmanned aerial vehicles; remote sensing images to delineate forest plots with changes according to the provisions of the law.

3. Content:

a) Monitor forest dynamics by forest status:

Monitor forest dynamics by forest type: natural forests and planted forests; mountain forests, rocky mountain forests, flooded forests, sand forests; timber forests, bamboo and rattan forests, mixed timber and bamboo forests, palm and coconut forests.

Monitor forest dynamics by non-forest areas: areas with regenerating trees in the enclosure and recovery phase to become forests; areas that have been planted with forest trees but have not yet met the criteria for becoming forests; other areas currently being used for forest protection and development.

b) Monitor forest dynamics by forest management owner:

Monitor forest dynamics by forest area of forest owners specified in Article 8 of the Forestry Law; monitor forest dynamics by forest area managed by the People's Committee of communes.

c) Monitor forest dynamics by forest use purpose:

Monitor special-purpose forests, including: national parks, nature reserves, conservation areas for species and habitats, scenic protection areas, scientific research and experimental forests, national botanical gardens, national seedling forests; monitor protective forests, including: headwater protective forests, community water source protective forests, border protective forests, windbreak forests, sandstorm barrier forests, wave barrier and coastal advance forests; monitor production forests.

d) Monitor forest dynamics by causes:

Increase in forest area: planting forests; planted forests meeting the criteria to become forests; encircled regeneration areas meeting the criteria to become forests; other reasons;

Decrease in forest area: logging; illegal logging; forest fires; illegal deforestation; change of forest use purpose to other purposes; other reasons (forest pests, typhoons, drought, floods, landslides, snowstorms...).

4. Implementation Procedures:

a) Collect information on forest changes:

Within fifteen days from the date of forest area changes, group II forest owners shall be responsible for reporting to the Forest Inspection Station, group I forest owners shall be responsible for reporting to the Forest Inspector working in the locality regarding the changes in the assigned or leased forest areas, the Forest Inspector working in the locality shall report to the Forest Inspection Station about the changes in the forest areas managed by the People's Committee of communes and accept, collect, and verify the information on forest changes reported by group I forest owners within their management area.

The report form on forest area changes follows Form 01 of Appendix IX issued together with this Circular.

b) Time point for determining forest changes due to causes as follows:

There is a completion certificate for the results of forest planting or after the end of the planting season, the results of encircled regeneration becoming forests; or three years after the completion certificate for the results of forest planting or after the end of the first planting season for the increase in forest area due to planted forests meeting the criteria to become forests; or the time point when the main logging of planted forests ends for the decrease in forest area due to logging; or the inspection certificate determining the damaged forest area by the competent authority for the decrease in forest area due to illegal logging or forest fires or illegal deforestation; or the completion certificate for the utilization of wood and forest products by the competent authority for the decrease in forest area due to changing forest use purpose to other purposes; or documents or certificates established by the competent authority for other reasons for increasing or decreasing forest areas.

c) Update forest dynamics:

Within twenty working days from the date of receiving reports on forest changes from forest owners or Forest Inspectors working in the locality, the Forest Inspection Station shall check the forest dynamics files; verify at the site; update the dynamics into the forest dynamics update software and synchronize the updated results to the central data.

The Provincial Forest Inspection Office shall inspect and evaluate the completeness of documents, data, databases, and forest dynamics update results reported by the Forest Inspection Station; compile the results of forest dynamics monitoring and the area not yet becoming forests throughout the province.

The Forest Management and Inspection Department shall compile the results of forest dynamics monitoring; build a national forest dynamics monitoring database.

The contents of forest dynamics monitoring are stipulated in Clause 3 of this Article.

d) Approve and publish the results of forest dynamics monitoring:

The approval file includes: Request for approval of forest dynamics monitoring results; summary tables according to Forms 02, 03, 04, 05, and 06 of Appendix IX issued together with this Circular; report evaluating the situation of forest dynamics, analyzing the reasons for the increase and decrease in forest area, the area not yet becoming forests during the period and compared to the same period of the previous year; forest dynamics monitoring database, including: current forest map (in digital or paper format) and map attribute information (in digital format).

The Forest Inspection Station shall prepare the approval file as stipulated herein, submit it to the People's Committee of communes for decision to publish the current forest status, and report to the Provincial Forest Inspection Office before January 31 of the following year.

The Provincial Forest Inspection Office shall prepare the approval file as stipulated herein, report to the Department of Agriculture and Environment for the Chairman of the People's Committee of the province to decide to publish the current forest status, and report to the Ministry of Agriculture and Environment before February 28 of the following year.

The Forest Management Department and Forest Protection Service shall prepare the approval file for the results in accordance with the provisions of this point and submit to the Ministry of Agriculture and Rural Development for a decision to announce the national forest status before March 31 of the following year.

5. Monitoring outcomes of forest changes:

a) A map of forest change results at the ratio specified in point a, Clause 4, Article 18 of this Circular.

b) An aggregated table on monitoring forest changes and non-forest areas of administrative levels and Group II forest owners implemented according to Tables 02, 03, 04, 05, and 06 in Appendix IX issued together with this Circular.

c) Management and storage of forest change monitoring results:

Data on forest change monitoring results (in paper or digital form) as stipulated in points a and b of this clause shall be managed and stored annually; paper-based data of commune level shall be managed and stored at the People's Committee of the commune and the Forest Protection Station or the Provincial Forest Protection Sub-Department for those localities without a Forest Protection Station; paper-based data of provincial level shall be managed and stored at the Provincial Forest Protection Sub-Department or the Department of Agriculture and Rural Development for those localities without a Provincial Forest Protection Sub-Department; nationwide paper-based data shall be managed and stored at the Forest Management Department and Forest Protection Service; digital data shall be integrated into the central database and managed and stored at commune, provincial levels, and the Forest Management Department and Forest Protection Service.

Article 20. Delimitation of Forest Boundaries

1. Delimitation of forest boundaries on maps

a) Basis:

The current forest status map in accordance with TCVN 11565:2016 and one of the following documents: land use right certificate, decision establishing a forest area, decision allocating land, decision leasing land, decision allocating forests, decision leasing forests.

b) Content:

Delimitation of small forest unit, plot, and lot boundaries and forest owner boundaries on maps: use the current forest status map as the delimitation map. In cases where there are changes in boundaries and areas due to land use purpose conversion, forest use, administrative boundary adjustment, or transfer leading to a change in the name of the forest owner, update and collect information about the changes in forest boundaries and areas; transfer small forest unit, plot, and lot boundaries and forest owner boundaries onto the current forest status map.

Design positions of boundary markers and boundary tables of forest owners: use the delimitation map as stipulated in point a of this clause to determine the layout of boundary markers and tables as follows:

Regarding marker positions: determine marker positions for boundaries adjacent to the area of the forest owner with residential areas or buffer zones of special-use forests, between neighboring forest owners at boundary turning points, places without distinctive features, difficult to delineate boundaries; do not set markers at places where the boundary has distinctive features. The distance between markers should not exceed 2,000 meters. For places adjacent to residential areas or buffer zones of special-use forests with a risk of encroachment, where boundaries are hard to identify due to few distinctive features such as bowl-shaped hills or flat coastal lands, the distance between markers should not exceed 1,000 meters. Marker numbers are marked sequentially from marker number 1 to the last marker along the boundary in a clockwise direction.

Regarding table positions: determined at locations with traffic routes passing through or near residential areas or buffer zones of special-use forests, where forests have a high risk of encroachment.

Implementing entity: The Department of Agriculture and Rural Development leads the adjustment of the provincial-level current forest status map; the Forest Protection Station adjusts the communal-level current forest status map; in cases where there is no Forest Protection Station, the Provincial Forest Protection Sub-Department implements.

2. Delimitation of forest boundaries on-site

a) Basis:

Boundary delimitation map, layout of marker positions, and tables on the boundary delimitation map as stipulated in point b, Clause 1 of this Article; one of the following documents: land use right certificate, decision establishing a forest area, decision allocating land, decision leasing land, decision allocating forests, decision leasing forests.

Land boundary marker file used in decisions allocating land, allocating forests, leasing land, leasing forests approved by competent authorities (if applicable).

b) Content:

The Department of Agriculture and Rural Development leads the implementation of collecting documents and maps as stipulated in point a of this clause; describe the forest boundary delimitation route on the boundary delimitation map and determine the position of markers and tables on-site according to the layout of markers and tables on the boundary delimitation map as stipulated in point b, Clause 1 of this Article;

The forest owner shall carry out the installation of markers and tables on-site with the witnessing of the Forest Protection Station or the Provincial Forest Protection Sub-Department for those localities without a Forest Protection Station;

For disputed areas that cannot be resolved between the forest owner and related parties, the Department of Agriculture and Rural Development shall lead the preparation of a record for each specific case according to Model 01 in Appendix X issued together with this Circular and resolve or report to the competent authority for resolution in accordance with the law. After resolving the disputed area, delimit the forest boundaries in accordance with the provisions of this clause.

c) Description of the forest boundary delimitation route:

Content description: distinctive points, directions, coordinates, distances between distinctive points, and the length of the forest boundary.

Description method: if the forest boundary delimitation route already has a description result or the adjacent forest has been described, use that description result; if the forest boundary delimitation route has not been described, proceed as follows: the forest boundary delimitation route starts from the first distinctive point at the northernmost point of the forest, described in a clockwise direction, ensuring continuity and closure throughout the entire forest boundary delimitation route. If there are no distinctive points on the forest boundary delimitation route, use a positioning device (GPS) to determine the coordinates and describe the forest boundary delimitation route based on those coordinates.

Establish a description of the forest boundary demarcation line according to Model No. 02 of Appendix X issued together with this Circular. Create a coordinate table for characteristic points on the forest boundary demarcation line according to Model No. 03 of Appendix X issued together with this Circular. The coordinates of characteristic points shall be measured three times using GPS and the average value shall be taken.

d) Determine the position of markers and boards:

For forests where the positions of markers and boards have been determined in accordance with the design of marker positions as stipulated in point b, Clause 1 of this Article, there is no need to re-determine their positions. In other cases, proceed to determine the positions of markers and boards as follows:

Based on the results of the design of marker positions as stipulated in point b, Clause 1 of this Article, determine the positions of markers and boards in the field, except for positions that coincide with characteristic points.

Based on the results of determining the positions of markers and boards in the field above, specifically determine the coordinates of the positions of markers and boards on the forest boundary demarcation line. The coordinates of the positions of markers and boards shall be measured three times using a GPS device, the average value shall be taken, and establish a coordinate table for the positions of markers and boards according to Model No. 04 of Appendix X issued together with this Circular.

Establish a comprehensive table of marker and board positions according to Model No. 05 of Appendix X issued together with this Circular.

If the positions of markers and boards on-site differ from those designed on the forest boundary demarcation map as stipulated in point b, Clause 1 of this Article, adjust the positions of markers and boards on the map to match the actual site.

đ) Provisions regarding markers and boards:

Provisions regarding markers: markers shall be made of reinforced concrete ensuring durability and stability, with a rectangular cross-section measuring 100 cm high, 30 cm wide, and 12 cm thick, equipped with a base for fixing the marker; on the marker, write the name of the forest owner, type of forest, and marker number; the part of the marker protruding above ground shall be painted white, with numbers written on the face of the marker, 3 cm below the top surface; letters shall be uniformly printed in capital letters, 3 cm high and 2 cm wide, using red paint.

Provisions regarding boards: boards shall be made of reinforced concrete ensuring durability and stability, with dimensions of 100 cm high, 150 cm wide, and 5 cm thick; the left side of the board shall display a schematic diagram of the forest area, while the right side shall record the name of the forest area and management and protection requirements.

For places where markers and boards have already been installed but do not comply with the provisions herein, they may continue to be used.

e) Install markers and boards in the field

For forests where markers and boards have been installed in compliance with the provisions of point d of this clause, there is no need to reinstall them. In other cases, proceed to install markers and boards as follows:

Markers shall be firmly fixed into the ground along the forest boundary demarcation line, ensuring durability and stability, with the part protruding above ground being 50 cm high, and the face bearing the marker number and forest area name facing outward.

Boards shall be attached to a square column measuring 300 cm high, 15 cm wide, and 15 cm thick, which shall be firmly fixed into the ground, with the part buried underground being 100 cm deep to ensure stability.

g) Management and protection of markers and boards:

Forest owners are responsible for managing and protecting markers and boards within the scope of the allocated or leased area. In case markers and boards are displaced, lost, or damaged, the forest owner shall restore them to their original positions.

3. Management of records

a) Documents include:

The map showing the positions of markers and boards on the forest boundary demarcation map as stipulated in point b, Clause 1 of this Article; the description of the forest boundary demarcation line according to Model No. 02 of Appendix X issued together with this Circular; the coordinate table of characteristic points on the forest boundary demarcation line according to Model No. 03 of Appendix X issued together with this Circular; the coordinate table of marker and board positions according to Model No. 04 of Appendix X issued together with this Circular; the comprehensive table of marker and board positions according to Model No. 05 of Appendix X issued together with this Circular.

b) Responsibilities:

Records of forest owners who are organizations shall be established in four copies and managed at the Department of Agriculture and Rural Development; Forest Protection Sub-department or Forest Protection Department at provincial level if there is no Forest Protection Sub-department; People's Committee of communes and forest owners.

Records of forest owners not covered by the provisions herein shall be established and managed by the forest owners themselves.

Section 3

PLANTING REPLACEMENT FORESTS WHEN TRANSFERRING THE PURPOSE OF FOREST USE TO ANOTHER PURPOSE

Article 21. General Provisions on Afforestation for Replacement

1. Principles of Afforestation for Replacement

a) The area for afforestation for replacement when changing the purpose of forest land to another purpose shall be implemented in accordance with the provisions of Article 21 of the Forestry Law. The area for afforestation for replacement must ensure that it is not lower than the area of replacement forest determined in the approval document for payment of afforestation for replacement issued by the Chairman of the Provincial People's Committee.

b) Afforestation for replacement shall be carried out at the locality where the purpose of forest land has been changed to another purpose. Afforestation for replacement may be proposed to be carried out in another locality only when the locality where the purpose of forest land has been changed to another purpose no longer has available land or still has available land but the conditions for establishing the site are unsuitable for afforestation.

c) Within twelve months from the date the project owner completes the obligation to pay for afforestation for replacement, the Chairman of the Provincial People's Committee must approve the afforestation for replacement plan and assign the investor to implement afforestation for replacement.

d) Forests planted from funds for afforestation for replacement, upon completion and acceptance, shall be managed according to the Forest Management Regulations.

2. Land for Afforestation for Replacement

a) For provinces and centrally-administered cities (hereinafter referred to as provinces) that can allocate land for afforestation for replacement: afforestation shall be carried out on land planned for special-use forests and protective forests; afforestation on land planned for production forests allocated to state-owned forest managers and forest managers as stipulated in Clauses 1, 3, and 4 of Article 8 of the Forestry Law; support for planting large timber production forests (harvested after ten years) on land planned for production forests allocated to households and individuals.

b) For provinces receiving funding for afforestation for replacement from other localities that no longer have land for afforestation for replacement, afforestation for special-use forests, protective forests, and production forests shall be carried out on land planned for special-use forests, protective forests, and production forests.

3. Funding for Implementing Afforestation for Replacement

a) The Provincial People's Committee decides on the unit price or adjusts the unit price for afforestation for replacement when necessary based on the economic and technical norms for afforestation as prescribed by the Minister of Agriculture and Rural Development.

b) Funding for afforestation for replacement shall be paid by the project owner into the Provincial Forest Protection and Development Fund or the Department of Agriculture and Rural Development of the locality that has not established a Provincial Forest Protection and Development Fund (hereinafter referred to as the Provincial Forest Protection and Development Fund) by multiplying the area of replacement forest specified in Point a Clause 2 of this Article with the unit price for one hectare of afforestation.

c) Afforestation for replacement is a forestry engineering project in projects changing the purpose of forest land to another purpose. The design and budget estimate for afforestation for replacement shall be determined based on the economic and technical norms as prescribed by the Minister of Agriculture and Rural Development; the construction cost unit price for the budget estimate for afforestation is regulated by the Provincial People's Committee where afforestation for replacement is organized. The establishment, review, approval of the design and budget estimate, and risk management during the investment phase of afforestation for replacement shall be carried out in accordance with Chapter IV of Decree No. 58/2024/NĐ-CP. Afforestation for replacement shall be accepted according to the guidelines on some management contents of forestry engineering projects as prescribed by the Minister of Agriculture and Rural Development.

d) For funding for afforestation for replacement to support the planting of large timber production forests, support shall be provided according to the policy of the locality; for provinces that do not issue a support policy for afforestation, the current national policy shall apply.

4. Acceptance, Management, Use, and Settlement of Funding for Afforestation for Replacement

a) Organizations and individuals implementing projects changing the purpose of forest land to another purpose (hereinafter referred to as the project owner) shall pay the afforestation for replacement fund to the Provincial Forest Protection and Development Fund.

b) The Provincial Forest Protection and Development Fund and organizations assigned the task of afforestation for replacement shall open accounts at the State Treasury to accept funding for afforestation for replacement.

c) The funding for afforestation for replacement shall be managed, used, and settled through the State Treasury in accordance with current regulations.

The Provincial Forest Protection and Development Fund shall control the payment of afforestation for replacement funds according to the List of Payment Documents in Appendix XI attached to this Circular; the payment of afforestation for replacement funds through the State Treasury shall be based on transfer documents from the Provincial Forest Protection and Development Fund.

d) The entity receiving funding for afforestation for replacement shall prepare reports and submit them to the competent financial authority directly above or the authority authorized or the authority assigned by the decision of the competent authority for review and settlement of funding for afforestation for replacement.

đ) The Chairman of the Provincial People's Committee shall decide to use interest from the afforestation for replacement fund to carry out afforestation for replacement activities in accordance with this Circular.

5. Criteria for Selecting Units and Localities to Receive Funding for Afforestation for Replacement from Provinces Without Available Land for Afforestation for Replacement

a) Having the area of land planned for special-use forests, protective forests, and production forests as stipulated in Point b Clause 2 of this Article, determined based on the land use planning and plan approved by the competent authority and the current forest status at the time of proposal; having a document from the head of the unit or the Chairman of the Provincial People's Committee registering to receive funding for afforestation for replacement according to Model No. 01 in Appendix XII attached to this Circular.

b) In cases where multiple units and localities register to receive funding for afforestation for replacement, priority shall be given to localities with large areas of unplanned special-use forests, protective forests, and production forests but unable to balance the budget for afforestation.

Article 22. Payment for Afforestation in Lieu

1. The authority to approve payment for afforestation in lieu is the Chairman of the Provincial People's Committee.

2. Dossier includes:

a) Original copy of the document requesting approval for payment for afforestation in lieu according to Model No. 02 of Appendix XII issued together with this Circular;

b) Original copy of the plan for afforestation in lieu according to Model No. 03 of Appendix XII issued together with this Circular and original copy of the budget and design for afforestation in lieu as stipulated at point c, Clause 3, Article 21 of this Circular (for cases where the project owner implements afforestation in lieu themselves);

c) Copy of the document from the competent state agency approving the policy to change the purpose of forest land use to another purpose;

d) Copies of other related documents (if any).

3. The project owner shall submit directly or through postal service or electronic environment one set of documents as prescribed in Clause 2 of this Article to the Department of Agriculture and Rural Development;

The Department of Agriculture and Rural Development shall check the validity of the components of the dossier, respond immediately to direct submissions, within one working day from the date of receipt for submissions through postal service or electronic environment; in case the dossier does not meet the required components, notify the project owner in writing and specify the reasons.

4. Procedure for approving payment for afforestation in lieu when the locality arranges land for afforestation

a) Within five working days from the date of receiving a valid dossier, the Department of Agriculture and Rural Development shall submit to the Chairman of the Provincial People's Committee for consideration and approval of payment for afforestation in lieu; approve the plan for afforestation in lieu (for cases where the project owner implements afforestation in lieu themselves) and notify the project owner in writing about the approval of payment, time and amount to be paid based on the area of afforestation in lieu of the project owner and the provincial price for afforestation in lieu;

b) Within seven working days from the date of receiving the document from the Chairman of the Provincial People's Committee, the project owner must pay the full amount for afforestation in lieu into the Provincial Forest Protection and Development Fund to organize afforestation in lieu;

c) Within three working days from the date of receiving the full payment from the project owner, the Provincial Forest Protection and Development Fund shall notify the project owner in writing about the completion of the obligation for afforestation in lieu.

5. Procedure for approving payment for afforestation in lieu when the locality cannot arrange land for afforestation

a) Within five working days from the date of receiving a valid dossier, the Department of Agriculture and Rural Development shall submit to the Chairman of the Provincial People's Committee for consideration and send the request for approval of payment for afforestation in lieu to the National Forest Protection and Development Fund to organize afforestation in lieu in another locality;

Documents include: the document from the Chairman of the Provincial People's Committee requesting the Ministry of Agriculture and Rural Development to approve payment for afforestation in lieu to the National Forest Protection and Development Fund according to Model No. 04 of Appendix XII issued together with this Circular and the dossier as prescribed in Clause 2 of this Article;

b) Within five working days from the date of receiving a valid dossier from the Chairman of the Provincial People's Committee with forest land changing its purpose, the Ministry of Agriculture and Rural Development shall issue a document requesting the Chairman of the Provincial People's Committee, which will receive the afforestation in lieu funding, to provide information about the planting location and the provincial price for afforestation in lieu at the time the project owner requests payment;

c) Within eight working days from the date of receiving the document from the Ministry of Agriculture and Rural Development, the Chairman of the Provincial People's Committee, which will receive the afforestation in lieu funding, shall issue a document to the Ministry of Agriculture and Rural Development confirming the allocation of the location, accompanied by a copy of the decision approving the provincial price for afforestation;

d) Within three working days from the date of receiving the document from the Chairman of the Provincial People's Committee, which will receive the afforestation in lieu, the Ministry of Agriculture and Rural Development shall issue a document to the Chairman of the Provincial People's Committee, which requested the payment, regarding the time and amount the project owner must pay for afforestation in lieu;

đ) Within three working days from the date of receiving the document from the Ministry of Agriculture and Rural Development, the Chairman of the Provincial People's Committee, which requested the payment, shall issue a document to the project owner regarding the time and amount the project owner must pay for afforestation in lieu;

e) Within eight working days from the date of receiving the document from the Chairman of the Provincial People's Committee, the project owner must pay the full amount for afforestation in lieu into the Provincial Forest Protection and Development Fund where the project owner submitted the dossier;

g) Within three working days from the date the project owner pays the full amount for afforestation in lieu, the Provincial Forest Protection and Development Fund, which received the afforestation in lieu payment from the project owner, shall issue a document to the project owner notifying the completion of the obligation for afforestation in lieu and transferring the amount paid by the project owner to the National Forest Protection and Development Fund to implement afforestation in another locality;

h) Within five working days from the date of receiving the full afforestation in lieu payment, the National Forest Protection and Development Fund shall transfer the funds to the Provincial Forest Protection and Development Fund where the afforestation in lieu funding was received for afforestation in lieu;

i) In cases where the project owner requests immediate payment of the amount for afforestation in lieu according to the provincial price for afforestation where the payment is made:

Within five working days from the date of receiving a valid dossier from the project owner as prescribed in Clause 2 of this Article and the Project Owner's Commitment to pay the full amount according to the provincial price for afforestation where the afforestation in lieu is received according to Model No. 05 of Appendix XII issued together with this Circular, the Chairman of the Provincial People's Committee shall consider and notify the project owner in writing about the approval of payment, time and amount to be paid based on the area of afforestation in lieu of the project owner and the provincial price for afforestation in lieu;

Within eight working days from the date of receiving the document from the Chairman of the Provincial People's Committee, the project owner must pay the full amount for afforestation in lieu into the Provincial Forest Protection and Development Fund where the project owner submitted the dossier;

Within three working days from the date of receiving the full amount of money submitted by the project owner, the Provincial Forest Protection and Development Fund that receives the money for afforestation shall notify the project owner in writing about the completion of the obligation to afforest.

Within three working days from the date of receiving the document from the Ministry of Agriculture and Rural Development regarding the unit price of afforestation in the province where the substitute afforestation takes place, the Chairman of the People's Committee at the provincial level where the payment is proposed shall send a written notice to the project owner informing them of the difference in the afforestation amount.

In case the amount paid according to the unit price of afforestation in the province where the payment is proposed is lower than the amount required according to the unit price of afforestation in the province where the substitute afforestation takes place, the Chairman of the People's Committee at the provincial level where the payment is proposed shall request the project owner to pay the full amount of substitute afforestation according to the Project Owner’s Commitment. Within seven working days from the date of receiving the document from the Chairman of the People's Committee at the provincial level, the project owner must supplement the difference in funds into the Provincial Forest Protection and Development Fund at the location where the project owner submits the application.

In case the amount paid according to the unit price of afforestation in the province where the payment is proposed is higher than the amount required according to the unit price of afforestation in the province where the substitute afforestation takes place, within seven working days from the date of sending the document from the Chairman of the People's Committee at the provincial level to the project owner, the Provincial Forest Protection and Development Fund at the location where the project owner pays for substitute afforestation shall refund the difference in funds including interest to the project owner.

Article 23. Organizing Substitute Afforestation

1. The Department of Agriculture and Rural Development shall advise the Chairman of the People's Committee at the provincial level to issue a plan for substitute afforestation according to Model No. 06 Appendix XII issued together with this Circular and assign the project owner who changes the purpose of forest land use to another purpose to be the investor in substitute afforestation. In case the project owner who changes the purpose of forest land use to another purpose does not implement substitute afforestation themselves, it shall be assigned to the forest owner defined in Clauses 1, 3, and 4 of Article 8 of the Forestry Law; state-owned enterprise forest owners; other state agencies and organizations to be the investors in substitute afforestation.

2. The investor shall establish, submit for approval the design, budget estimate, implement substitute afforestation, manage, protect, inspect and accept the completed afforestation area according to this Circular and other relevant forestry laws.

3. Supporting Large Timber Production Forest Planting

a) The Department of Agriculture and Rural Development shall advise the Chairman of the People's Committee at the provincial level to assign the Provincial Forestry Project Management Board or the Commune-level Project Management Board or the specialized agency under the Department of Agriculture and Rural Development or the Commune People's Committee in areas without a Project Management Board to be the investor in the case of supporting large timber production forest planting on land allocated to households and individuals for management.

b) Eligible recipients for support: households and individuals who have a need for support in planting large timber production forests and commit to harvesting after ten years of age on the planned area for developing production forests according to Model No. 07 Appendix XII issued together with this Circular.

c) Content of support, level of support, form and method of support: implementation according to local policies; for provinces that do not issue support policies for forest planting, apply the current national policy. Management, inspection, and acceptance costs shall be determined in the budget estimate of the investor approved by the competent authority.

d) The investor shall compile a list of eligible recipients, area, and support needs for large timber production forest planting according to Model No. 08 Appendix XII issued together with this Circular, submit to the Department of Agriculture and Rural Development for approval by the Chairman of the People's Committee at the provincial level; organize support, manage, and use funds according to current laws.

4. Reporting Results of Substitute Afforestation

a) The project owner who organizes substitute afforestation themselves, or the organization assigned to be the investor in substitute afforestation, shall report the results of substitute afforestation to the Department of Agriculture and Rural Development for consolidation before November 30 each year.

b) The Department of Agriculture and Rural Development shall report to the People's Committee at the provincial level and the Forest and Inspection Service before December 15 each year on the results of implementing substitute afforestation in the province according to Model No. 09 Appendix XII issued together with this Circular.

c) The Provincial Forest Protection and Development Fund shall report to the supervisory agency before December 15 each year on the results of receiving and disbursing the substitute afforestation funding submitted by various project owners or transferred by the Vietnam Forest Protection and Development Fund according to Model No. 10 Appendix XII issued together with this Circular.

Section 4

AMENDMENTS AND SUPPLEMENTS TO SOME CIRCULARS IN THE FORESTRY AND FOREST PROTECTION SECTOR

Article 24. Amend and supplement some provisions of Circular No. 22/2024/TT-BNNPTNT dated December 11, 2024, which stipulates certain contents regarding forestry to implement the Sustainable Forestry Development Program and the National Target Program for Socio-Economic Development in Ethnic Minority and Mountainous Areas from 2021 to 2030; Phase I from 2021 to 2025.

1. Amend and supplement Clause 2 Article 6 as follows:

“2. Before June 30 each year, organizations and project sponsors shall prepare plans to implement Program 809 and Sub-project 1 for the following year and submit them to the competent authority of Program 809 and Sub-project 1 at the Ministry, sector, or locality for consolidation and detail.”

a) For Program 809: The specialized agency assigned tasks by the Ministry or sector shall consolidate and develop plans to implement Program 809 within their management scope; People's Communes shall consolidate and develop plans for the implementation of Program 809 by organizations, project sponsors, households, and individuals under their jurisdiction; organizations and project sponsors under the provincial People's Committee or Departments shall consolidate and develop plans for the implementation of Program 809 by their units.

b) For Sub-project 1: People's Communes shall consolidate and develop plans for the implementation of Sub-project 1 by organizations, project sponsors, households, and individuals under their jurisdiction; organizations and project sponsors under the provincial People's Committee or Departments shall consolidate and develop plans for the implementation of Sub-project 1 by their units.”

2. Amend and supplement Clause 3 of Article 32 as follows:

“3. Direct the People's Communes to coordinate with the Department of Agriculture and Environment to determine the boundaries and planned areas for special-use forests, protective forests, and production forests up to 2030; take the lead and coordinate to organize the implementation of land allocation linked to forest allocation for organizations, individuals, and households according to approved planning.”

3. Repeal the term "district" and the phrase "number of supported districts" in Model Nos. 03, 04, 06, 08, and 11 of Appendix I and Table 1 of Appendix II.

Article 25. Amend, supplement, and replace some provisions of Circular No. 12/2019/TT-BNNPTNT dated October 25, 2019, on statistics in the forestry sector amended and supplemented by Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023.

1. Amend and supplement Clause 4 of Article 2 as follows:

“4. Forest Protection Ranges or units assigned to perform statistical tasks at the commune level for areas without Forest Protection Ranges.”

"3. During the implementation process, if any difficulties arise, organizations and individuals involved should report to the Ministry of Industry and Trade for timely guidance and resolution."

“3. Commune-level forestry statistics report

a) Reporting unit: Forest Protection Range or unit assigned to perform statistical tasks at the commune level for areas without Forest Protection Ranges;

b) Unit receiving reports: Provincial Forest Protection Service.”

3. Amend and supplement Point b Clause 3, Point b Clause 4, and Clause 5 of Article 6 as follows:

a) Amend and supplement Point b Clause 3 as follows:

“b) Train and guide statistical procedures for Forest Protection agencies and other agencies performing forestry statistics at the provincial and commune levels to carry out forestry statistics work;”

b) Amend and supplement point b of Clause 4 as follows:

“b) Collect data and information for statistics from: Group II forest owners with forest area across two or more communes within the province; Provincial Forest Protection Fund or organization performing the duties of the Provincial Forest Protection Fund; Forest Protection Range or unit assigned to perform statistical tasks at the commune level for areas without Forest Protection Ranges;”

c) Amending and supplementing Clause 5 as follows:

“5. Forest Protection Range or unit assigned to perform statistical tasks at the commune level for areas without Forest Protection Ranges:

a) Organize the collection, compilation, and provision of forestry statistics data within the scope of assigned authority; select and delegate specific tasks and areas to rangers for statistical work;

b) Organize the collection of data and information for statistics from Group II forest owners within the commune; compile statistics information from rangers within the commune for Group I forest owners. In cases where the Forest Protection Range manages two or more communes, separate data and information by commune for reporting;

c) Report fully, accurately, and timely the content specified in the statistical reporting system and bear responsibility for the reported content according to the law;

d) Coordinate with the Statistics Office in allocating, collecting, verifying, and unifying forestry statistics data within the area;

đ) Provide feedback and related information on statistical reports when requested by the receiving unit.”

4. Replace some contents in Appendix I as follows:

a) Replace the phrase “Forest Administration” with “Forest and Inspection Administration”; the phrase “General Statistics Office” with “Statistics Administration”;

b) Replace the content “District level: District Forest Protection Agency or unit assigned to perform statistical tasks at the district level for areas without District Forest Protection Agency” with the content: “Forest Protection Range or unit assigned to perform statistical tasks at the commune level for areas without Forest Protection Range”;

c) Replace the content “Administrative level: province, district, commune” with the content “Administrative level: province, commune”.

5. Replace some contents in Appendix II as follows:

a) Replace the word “district” with “commune”, the phrase “District Forest Protection Agency” with “Forest Protection Range”, the phrase “Forest Administration,” with “Forest and Inspection Administration”; the phrase “Department of Agriculture and Rural Development” with “Department of Agriculture and Environment”;

b) Replace the content “District Forest Protection Agency or unit assigned to perform statistical tasks at the district level for areas without District Forest Protection Agency” with the content “Forest Protection Range or unit assigned to perform statistical tasks at the commune level for areas without Forest Protection Range”.

Article 26. Amending Clause 3 of Article 4 of Circular No. 20/2023/TT-BNNPTNT dated December 15, 2023 on the valuation method for forests; guiding the framework price for forests as follows: "3. The framework price for forests shall be based on the needs of localities in forest management and the results of forest valuation; the framework price for forests shall be calculated according to administrative units at the commune level and equivalent, and summarized for the entire province."

Article 27. Amending, supplementing, replacing, and abolishing some provisions in Circular No. 05/2024/TT-BNNPTNT dated April 19, 2024 on economic-technical norms for forest surveys

1. Amending and supplementing Clause 139 and Clause 140 of Section A Part II of the Appendix issued together with Circular No. 05/2024/TT-BNNPTNT as follows:

a) Amending and supplementing Clause 139 as follows:

"139. Editing and presenting the current status map of the commune-level forest, the forest owner."

b) Amending and supplementing Clause 140 as follows:

"140. Data synthesis, editing, and constructing the current status map of the provincial-level forest: Synthesizing the provincial-level forest status map layer from the commune-level map; editing and presenting the current status map of the provincial-level forest."

2. Amending and supplementing Item 139.2 and Item 140.1 of Section B Part II of the Appendix issued together with Circular No. 05/2024/TT-BNNPTNT as follows:

a) Amending and supplementing Item 139.2 as follows:

"Editing and presenting the current status map of the commune-level forest, the forest owner."

b) Amending and supplementing Item 140.1 as follows:

"Synthesizing the provincial-level forest status map layer from the commune-level map."

3. Amending and supplementing Item 45 of Section I Part III of the Appendix issued together with Circular No. 05/2024/TT-BNNPTNT as follows:

4. Abolishing the item numbers in Part II, Part III of the Appendix issued together with Circular No. 05/2024/TT-BNNPTNT as follows:

b) Amending and supplementing Item 140.1 as follows:

a) The contents of item numbers 61, 73, 144, and 145 of Section A; item numbers 21.2, 61, 73, 139.1, 144, and 145 of Section B Part II;

b) The contents of item numbers 26, 31, 45, 50, and 51 of Section I; item numbers 27, 32, 51, and 52 of Section II; item numbers 23, 29, 49, and 50 of Section III; item numbers 19, 24, 36, and 37 of Section IV; item numbers 19, 38, and 39 of Section V; item numbers 26, 31, 50, and 51 of Section VI; item numbers 24, 29, 41, 44, and 45 of Section VII; item numbers 17, 22, 34, and 35 of Section VIII; item numbers 32, 39, 63, 68, and 69 of Section IX; item numbers 22, 29, 53, and 54 of Section X; item numbers 19, 25, 45, and 46 of Section XI; item numbers 24, 30, 59, and 60 of Section XII; item numbers 26, 31, 54, and 55 of Section XII Part III.

b) The contents of items 26, 31, 45, 50, and 51 of Section I; items 27, 32, 51, and 52 of Section II; items 23, 29, 49, and 50 of Section III; items 19, 24, 36, and 37 of Section IV; items 19, 38, and 39 of Section V; items 26, 31, 50, and 51 of Section VI; items 24, 29, 41, 44, and 45 of Section VII; items 17, 22, 34, and 35 of Section VIII; items 32, 39, 63, 68, and 69 of Section IX; items 22, 29, 53, and 54 of Section X; items 19, 25, 45, and 46 of Section XI; items 24, 30, 59, and 60 of Section XII; items 26, 31, 54, and 55 of Part III of Section XII.

Chương IV
TỔ CHỨC THỰC HIỆN

Điều 28. Hiệu lực thi hành

1. Thông tư này có hiệu lực thi hành từ ngày 01 tháng 7 năm 2025.

2. Các quy định sau đây hết hiệu lực kể từ ngày Thông tư này có hiệu lực thi hành:

a) Thông tư số 28/2018/TT-BNNPTNT ngày 16 tháng 11 năm 2018 của Bộ trưởng Bộ Nông nghiệp và Phát triển nông thôn quy định về quản lý rừng bền vững;

b) Thông tư số 31/2018/TT-BNNPTNT ngày 16 tháng 11 năm 2018 của Bộ trưởng Bộ Nông nghiệp và Phát triển nông thôn quy định về phân định ranh giới rừng;

c) Thông tư số 33/2018/TT-BNNPTNT ngày 16 tháng 11 năm 2018 của Bộ trưởng Bộ Nông nghiệp và Phát triển nông thôn quy định về điều tra, kiểm kê và theo dõi diễn biến rừng;

d) Thông tư số 25/2019/TT-BNNPTNT ngày 27 tháng 12 năm 2019 của Bộ trưởng Bộ Nông nghiệp và Phát triển nông thôn quy định về phòng cháy và chữa cháy rừng;

đ) Thông tư số 25/2022/TT-BNNPTNT ngày 30 tháng 12 năm 2022 của Bộ trưởng Bộ Nông nghiệp và Phát triển nông thôn quy định về trồng rừng thay thế khi chuyển mục đích sử dụng rừng sang mục đích khác;

e) Thông tư số 13/2023/TT-BNNPTNT ngày 30 tháng 11 năm 2023 sửa đổi, bổ sung một số điều của Thông tư số 28/2018/TT-BNNPTNT ngày 16 tháng 11 năm 2018 của Bộ trưởng Bộ Nông nghiệp và Phát triển nông thôn quy định về quản lý rừng bền vững;

g) Thông tư số 16/2023/TT-BNNPTNT ngày 15 tháng 12 năm 2023 sửa đổi, bổ sung một số điều của Thông tư số 33/2018/TT-BNNPTNT ngày 16 tháng 11 năm 2018 của Bộ trưởng Bộ Nông nghiệp và Phát triển nông thôn quy định về điều tra, kiểm kê và theo dõi diễn biến rừng;

h) Các Điều 1, 5, 6 và 11 Thông tư số 22/2023/TT-BNNPTNT ngày 15 tháng 12 năm 2023 của Bộ trưởng Bộ Nông nghiệp và Phát triển nông thôn sửa đổi, bổ sung một số điều của các thông tư trong lĩnh vực lâm nghiệp;

i) Điều 2, Điều 3 Thông tư 24/2024/TT-BNNPTNT ngày 12 tháng 12 năm 2024 của Bộ trưởng Bộ Nông nghiệp và Phát triển nông thôn sửa đổi, bổ sung một số điều của các thông tư trong lĩnh vực lâm nghiệp;

k) Khoản 15 Mục I, số thứ tự 15 Mục II Phần II Phụ lục I; khoản 11 Mục A, số thứ tự 11 Mục B Phần II Phụ lục II tại Phụ lục kèm theo Thông tư số 11/2024/TT-BNNPTNT ngày 04 tháng 9 năm 2024 của Bộ trưởng Bộ Nông nghiệp và Phát triển nông thôn quy định định mức kinh tế - kỹ thuật về kiểm kê rừng, theo dõi diễn biến rừng;

l) Mục 10.3 Bảng 1 Phần III Phụ lục I kèm theo Thông tư số 23/2024/TT- BNNPTNT ngày 11 tháng 12 năm 2024 của Bộ trưởng Bộ Nông nghiệp và Phát triển nông thôn quy định về định mức kinh tế - kỹ thuật phân định ranh giới rừng.

Điều 29. Quy định chuyển tiếp

1. Đối với quản lý rừng bền vững:

a) Chủ rừng có phương án quản lý rừng bền vững theo quy định tại Thông tư số 28/2018/TT-BNNPTNT ngày 16 tháng 11 năm 2018 quy định về quản lý rừng bền vững được sửa đổi, bổ sung năm 2023, năm 2024 đã được cơ quan có thẩm quyền phê duyệt trước ngày Thông tư này có hiệu lực thì tiếp tục thực hiện theo Phương án đã được phê duyệt;

b) Đối với phương án quản lý rừng bền vững của chủ rừng đã được cơ quan có thẩm quyền thẩm định nhưng chưa phê duyệt hoặc phương án quản lý rừng bền vững của chủ rừng đã nộp hồ sơ nhưng chưa thẩm định trước ngày Thông tư này có hiệu lực thì thực hiện theo quy định của Thông tư này.

2. Đối với trồng rừng thay thế:

a) Chủ dự án có Phương án trồng rừng thay thế đã được phê duyệt hoặc có văn bản chấp thuận việc nộp tiền trồng rừng thay thế của cơ quan có thẩm quyền trước ngày Thông tư này có hiệu lực thi hành thì thực hiện theo quy định tại Thông tư số 25/2022/TT-BNNPTNT ngày 30 tháng 12 năm 2022 quy định về trồng rừng thay thế khi chuyển mục đích sử dụng rừng sang mục đích khác đã được sửa đổi, bổ sung năm 2023, năm 2024;

b) Chủ dự án có phương án trồng rừng thay thế chưa được phê duyệt hoặc chưa có văn bản chấp thuận nộp tiền trồng rừng thay thế của cơ quan có thẩm quyền trước ngày Thông tư này có hiệu lực thi hành thì thực hiện theo quy định tại Thông tư này;

c) Đối với kinh phí trồng rừng thay thế chủ dự án đã nộp vào Quỹ Bảo vệ và Phát triển rừng cấp tỉnh nhưng chưa có kế hoạch, nội dung chi, chưa sử dụng trước ngày Thông tư này có hiệu lực thi hành, Chủ tịch Ủy ban nhân dân cấp tỉnh tổ chức thực hiện trồng rừng thay thế theo quy định của Thông tư này, đảm bảo diện tích trồng rừng thay thế không thấp hơn diện tích do các chủ dự án nộp tiền.

3. Về xuất khẩu, nhập khẩu giống cây trồng lâm nghiệp:

Tổ chức, cá nhân đã được Bộ Nông nghiệp và Môi trường tiếp nhận hồ sơ để cấp giấy phép, cấp lại giấy phép xuất khẩu, nhập khẩu giống cây trồng lâm nghiệp trước ngày Thông tư này có hiệu lực mà chưa có kết quả giải quyết thủ tục hành chính thì tiếp tục được giải quyết theo quy định của pháp luật tại thời điểm tiếp nhận hồ sơ; trừ trường hợp tổ chức, cá nhân đề nghị thực hiện theo quy định của Thông tư này.

4. Trường hợp văn bản quy phạm pháp luật được viện dẫn tại Thông tư này được sửa đổi, bổ sung, thay thế thì áp dụng theo văn bản sửa đổi, bổ sung, thay thế đó.

Trong quá trình thực hiện Thông tư này, nếu có vướng mắc, cơ quan, tổ chức, cá nhân kịp thời phản ánh về Bộ Nông nghiệp và Môi trường để xem xét sửa đổi, bổ sung./.