Circular No. 17/2006/TT-BNN guiding the implementation of Decision No. 304/2005/QĐ-TTg dated November 23, 2005 of the Prime Minister

CIRCULAR

Guidelines for Implementing Decision No. 304/2005/QD-TTg

dated November 23, 2005 of the Government

_____________

Pursuant to Decision No. 304/2005/QD-TTg dated November 23, 2005 of the Prime Minister on piloting the transfer of forest land and assignment of forest protection to households and communities of ethnic minorities residing in place in the Central Highlands (hereinafter referred to as Decision No. 304), the Ministry of Agriculture and Rural Development guides the implementation of the following contents: 

I. On Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This document stipulates the subjects eligible for receiving forest land and assigned forest protection; types of forests and limits on the allocation and assignment of forest protection to various subjects; rights and obligations of those receiving forest land and assigned forest protection; steps for transferring and assigning forest protection and responsibilities of relevant agencies and organizations.

2. Subjects of Application

State agencies, households, individuals, and communities of ethnic minorities residing in place in the Central Highlands.

II. Transfer of Forest Land, Assignment of Forest Protection

1. Subjects Eligible for Receiving Forest Land and Assigned Forest Protection. These are ethnic minority groups residing in place in the Central Highlands with forests, but prioritized in the following order:

- Households and individuals from ethnic minority groups that are poor and have not been allocated or lack production land as specified in Decision No. 132/2002/QD-TTg dated October 8, 2002 and Decision No. 134/2004/QD-TTg dated July 20, 2004 of the Prime Minister (hereinafter referred to as Decisions No. 132, 134), but localities have yet to allocate production land or resolve through other measures;

- Households and individuals from ethnic minority groups that are poor and have not been allocated or lack production land as specified in Decisions No. 132, 134, but voluntarily accept forest land and assignments of forest protection for production and economic development of forest resources;

- Communities with households lacking or short of production land as specified in Decisions No. 132, 134, having the willingness and capability to manage assigned forest areas.

2. Types of Forests Eligible for Allocation and Assignment of Protection

2.1 Types of Forests Eligible for Allocation

- Natural production forests that do not belong to rich or medium categories and do not meet the volume storage or canopy density requirements (as specified in Point 2.2, Section 2, Part II of this Circular) and production forests planted by the People's Committee at the commune level;

- Areas previously classified as special-use forests or protective forests, but after re-evaluation according to criteria for classifying protective and special-use forests as specified in Decision No. 61/2005/QD-BNN dated October 12, 2005 and Decision No. 62/2005/QD-BNN dated October 12, 2005 of the Ministry of Agriculture and Rural Development, have been converted to production forests and do not meet the volume storage or canopy density requirements (as specified in Point 2.2, Section 2, Part II of this Circular);

- Sacred forests, cemetery forests, and forests protecting water sources of villages and communities, which are production forests, but if these communities have been using them from before, they will be adjusted in planning and transferred to the community;

- Areas of forestry land without forests planned for planting production forests managed by the People's Committee at the commune level.

2.2 Types of Forests Eligible for Assignment of Protection

- Special-use forests and protective forests currently managed by forest management boards, logging enterprises, etc.;

- Natural production forests managed by logging enterprises, forest management boards, logging companies, and the People's Committee at the commune level, but are closed or not scheduled for harvesting over the next five years and must meet the following conditions depending on the type of forest:

+ Broadleaf evergreen, semi-deciduous, and coniferous forests with a volume greater than or equal to 130m3/ha;

+ Hardwood forests with a volume greater than or equal to 100m3/ha;

+ Mixed forests of timber, bamboo, and rattan, where the volume of timber is greater than or equal to 70m3/ha;

+ Bamboo, rattan, and lotus forests with a canopy density greater than 80%.

3. Limits on Allocation and Assignment of Forest Protection

3.1 Limits on Allocation of Forest Land to Households and Individuals

Implemented according to Point a, Clause 3, Article 4 of Decision No. 304, but adjusted based on specific conditions regarding the land and forest fund of the commune as follows:

a) If the land and forest fund of the commune exceeds the needs of people eligible for forest land, priority should be given to allocating areas near residential areas that are convenient for forest management and production development.

b) If the land and forest fund of the commune is less than the needs of the people, a meeting of the people should be organized for households to negotiate, and in cases where agreement cannot be reached, the limit will be reduced proportionally to ensure fairness among households.

3.2 Limits on Allocation of Forest Land to Communities

Based on the actual land and forest fund of the commune and needs, the scale of area allocated to communities is determined, but it shall not exceed the total limit of households eligible for allocation within the community (the limit of forest land allocation for each household and individual in the community is implemented according to Point a, Clause 3, Article 4 of Decision No. 304).

3.3 Limits on Assignment of Forest Protection

a) Limits on Assignment of Forest Protection to Households and Individuals

Implemented according to Point b, Clause 3, Article 4 of Decision No. 304. In cases where the forest fund of the commune or the owner of the forest does not meet the minimum limit, the number of households will be reduced to implement alternative support measures, and the determination of households to be assigned in such cases is decided by the community members themselves.

b) Limits on Assignment of Forest Protection to Communities

Based on needs and capabilities of the forest fund, the party assigning the protection decides the scale of area assigned to communities, but it must be consistent with the conditions and management capacity of the community.

4. Steps for Transferring Forest Land and Assigning Forest Protection

Generally, the steps follow the provisions of Circular No. 1268/CV-BNN-LN dated June 1, 2005 of the Ministry of Agriculture and Rural Development, with some additions and adjustments as follows:

Step 1: Preparation work: Carried out by the forest owner in coordination with the People's Committee at the commune level, including:

- Review and compile statistics on entities assigned forests and contracted for forest protection according to priority order (as stipulated in Section 1, Part II, this Circular) at each village and commune;

- Based on the forest assignment and contracted forest protection limits prescribed in Clause 3, Article 4 of Decision No. 304 and the actual forest fund of the unit and locality, propose the scale and location of the forest area to be assigned and contracted for protection at each village and commune;

Step 2: The forest owner shall cooperate with the People's Committee of the commune to organize meetings with villagers by village to select and elect candidates and determine the limits; disseminate policies and guidelines for implementing forest assignment and contracted forest protection as provided in Decision No. 304;

Step 3: Develop implementation plans:

- The People's Committee of the commune shall develop plans for land and forest assignment to households, individuals, and communities in the locality, to be submitted to the People's Committee of the district for approval.

- Forest owners shall take the lead in coordinating with the People's Committee of the commune to establish plans for contracted forest protection for households and communities, to be submitted to the People's Committee of the province for approval;

Step 4: Assess and determine the current status of the forest:

Conducted by specialized units or forest owners themselves using simple survey methods (mainly based on the results of the most recent forest inventory and field verification). The current status of the forest is divided into three types:

* Status A: includes natural forests that are rich or average (average volume or canopy cover meets the requirements specified in Point 2.2, Section 2, Part II, this Circular).

* Status B: secondary poor forests, recovering forests (average volume or canopy cover is lower than the level specified in Status A above).

* Status C: areas without forests that require enclosure and regeneration, or replanting.

Step 5: Transfer the site:

After the plan has been approved, representatives of the commune or forest owners together with individuals, households, or community representatives, shall define specific boundaries on-site (marked with paint or fixed markers) of the assigned and contracted forest area, while also determining the location and area of agricultural production land for the people (if applicable). Record transfer documentation for each household, individual, and community.

Step 6: Issue certificates, establish contracts:

- The People's Committee of the commune shall establish files for land and forest assignment to individuals and communities to be submitted to the People's Committee of the district for land use rights issuance;

- Forest owners shall establish contracts for contracted forest protection and directly sign agreements with households, individuals, and communities.

Step 7: Determine benefits from the forest:

- Based on the forest status at the time of assignment, forest owners shall coordinate with the People's Committee of the commune to develop specific benefit-sharing plans for products from the forest for households, individuals, and community villages to be submitted to the People's Committee of the district for approval;

- Based on the forest status at the time of contracting and the growth rate of the forest (average annual growth rate of forests in the Central Highlands provinces ranging from 1.5-2%), forest owners shall develop benefit-sharing plans for products from the forest for each contracted recipient, to be compiled and submitted to the People's Committee of the province for approval.

III. Rights and Obligations of Households, Individuals, and Communities Assigned Forests and Contracted for Forest Protection.

1. Rights

1. 1. For cases where forests and plantation land are assigned.

In addition to the benefits under Clauses 3, 4, and 5, Article 5 of Decision No. 304, people also have the following rights:

a) Enjoy all products harvested on the assigned forest area, including:

- Timber, forest products collected and utilized during the implementation of forestry measures as stipulated in the Forestry Measures Regulation for wood production and bamboo plantations issued along with Decision No. 200/QĐ-KT dated March 31, 1993 of the Ministry of Forestry (now the Ministry of Agriculture and Rural Development);

- When natural forests or planted forests are not yet ready for main harvesting, they can harvest timber to meet essential household needs such as building new houses, repairs, and replacements. The amount of timber harvested per household should not exceed 10 cubic meters of roundwood (for one-time construction or repair). Harvesting procedures follow Clause 2, Article 2 of Decision No. 03/2005/QĐ-BNN dated January 7, 2005 of the Ministry of Agriculture and Rural Development;

- Main products harvested when natural forests reach the age for harvesting, as stipulated in the Wood and Non-Wood Forest Products Harvesting Regulations issued along with Decision No. 40/2005/QĐ-BNN dated July 7, 2005 of the Ministry of Agriculture and Rural Development;

- Utilized and collected products from planted forests on non-forest land; harvesting age; harvesting method and procedures are chosen and decided by the forest grower.

b) Receive support for high-quality seedlings to plant production forests.

- Support level: 1.5 million VND/ha for fast-growing small trees and special forest products, 2.5 million VND/ha for large trees;

- Support method: handed over to units with functional responsibilities to ensure the production of quality seeds with clear origins to carry out seedling cultivation and direct supply to the people.

c) Participate and benefit from agricultural and forestry extension projects in the locality.

1. 2. For cases where forest protection contracts are received.

In addition to the benefits under Clauses 1, 3, 4, and 5, Article 6 of Decision No. 304, people also enjoy products harvested on the contracted forest area, including:

- Timber and bamboo products collected and utilized during the implementation of forestry measures as stipulated in the Forestry Measures Regulation for wood production and bamboo plantations issued along with Decision No. 200/QĐ-KT dated March 31, 1993 of the Ministry of Forestry (now the Ministry of Agriculture and Rural Development). Benefit sharing ratio as prescribed in Decision No. 178/2001/QĐ-TTg dated November 12, 2001 of the Prime Minister regarding the rights to benefits and obligations of households and individuals assigned, leased, or contracted forests and forest land (hereinafter referred to as Decision No. 178);- All non-timber forest products harvested from natural and planted forests (excluding endangered and precious species as prescribed by the Government);

- All products are non-timber forest products and bamboo harvested from natural forests and planted forests (excluding endangered and precious species as prescribed by the Government);

- For natural production forests that have not yet met the conditions for main harvesting and protective forests, wood can be harvested from forest care and thinning activities to address essential household needs such as building new houses or repairing/replacing old ones. The amount of wood harvested per household shall not exceed 10m³ circular logs (for one-time construction of a new house, repair, or replacement of an old house). The procedures for harvesting shall be carried out in accordance with Clause 2, Article 2 of Decision No. 03/2005/QD-BNN dated January 7, 2005, of the Ministry of Agriculture and Rural Development;

- Main products harvested from planted forests and natural forests when they reach the age specified in the Wood Harvesting and Other Forest Products Regulation issued together with Decision No. 40/2005/QD-BNN dated July 7, 2005, of the Ministry of Agriculture and Rural Development. The benefit ratio is regulated in Decision No. 178.

Shall be supported with forestry trees; participate and benefit from agricultural and forestry extension projects in the locality as in the case of being allocated forests and land for planting production forests.

2. Obligations

In addition to implementing the provisions of Clauses 1, 2, and 3 of Article 7 of Decision No. 304, households, individuals, and communities allocated forests and assigned to protect forests also have the following obligations:

2.1. To use the allocated forests and protected forests in accordance with their intended purposes and planning; to comply with guidance, inspection, and supervision by competent authorities and forest owners regarding production plans and technical procedures during the use of allocated and protected forests;

2.2. If violating the terms of the forest allocation decision or the contract for protecting forests, the decision will be revoked according to the laws on land, or the contract for protecting forests will be nullified;

2.3. Return the allocated forests and forest land when the competent authority revokes them according to the laws on land;

2.4. Fulfill all responsibilities and obligations of workers towards employers as stipulated by labor laws;

2.5. Pay all types of taxes as prescribed by law.

IV. Implementation Organization.

1. Responsibilities for Implementation

1.1. The Ministry of Agriculture and Rural Development

- Organize interim reviews and evaluations of forest allocation and protection models based on Circular No. 1268/CV-BNN-LN dated June 1, 2004, of the Ministry of Agriculture and Rural Development on temporarily guiding the steps for allocating forests and assigning forest protection to households and communities in the Central Highlands.

- Coordinate with the People's Committees of the Central Highlands provinces, the Ministry of Planning and Investment, and the Ministry of Finance to compile plans and budgets for reviewing three types of forests; allocating forests and assigning forest protection pilot programs in the Central Highlands according to approved proposals.

- Issue a handbook on methods and system forms for forest allocation and protection; inspect the implementation of forest allocation and protection in localities according to schedule.

- Direct provincial Departments of Agriculture and Rural Development to develop and implement agricultural and forestry extension projects in areas where pilot forest allocation and protection programs have been organized.

1.2. People's Committees of the Central Highlands Provinces.

 - Organize the implementation of planning reviews and boundary determination of three types of forests on maps and in the field down to villages. - Continue to implement and complete the restructuring and development plan for state-owned forest enterprises according to Decree No. 200/2004/NĐ-CP dated December 3, 2004. The Prime Minister.

- Direct the Departments of Agriculture and Rural Development, Natural Resources and Environment to coordinate with district-level People's Committees to continue reviewing and detailing the number of households still lacking production land as specified in Prime Minister Decisions No. 132 and 134 but which the locality has not been able to allocate production land or alternative solutions and must switch to forest allocation and protection.

- Direct district-level People's Committees, relevant departments, and forest owners to determine the land and forest funds, compile the number of households, individuals, and communities requiring forest allocation and protection to develop plans for approval by authorized bodies (as stipulated in Section 4, Part II).

- Compile the demand for pilot forest allocation and protection funding at the local level, report to the Ministry of Agriculture and Rural Development and other ministries and sectors for submission to the Prime Minister for decision.

- Direct forest owners, People's Committees at all levels, and related agencies to immediately organize pilot forest allocation and protection for households, individuals, and communities in the province according to Decision No. 304.

2. Implementation Schedule.

- By April 2006, localities shall complete the approval of forest allocation and protection plans, compile funding requirements, and report to the Ministry of Agriculture and Rural Development and other ministries and sectors for submission to the Prime Minister. The Ministry of Agriculture and Rural Development shall issue a handbook on methods and system forms for forest allocation and protection, conduct training for localities.

- From May to September 2006, implement on-site and complete pilot forest allocation and protection for households and communities in villages inhabited by ethnic minorities in the Central Highlands provinces according to Decision No. 304.

- Organize interim reviews and summaries of the pilot forest allocation and protection program, propose measures for nationwide implementation, and submit to the Prime Minister for decision in the fourth quarter of 2006.

3. Effective Date

This Circular shall take effect fifteen (15) days after its publication in the Official Gazette.

DEPUTY MINISTER
DEPUTY MINISTER


 
DYE KINH TAM