Circular No. 17/2017/TT-BNNPTNT amends and supplements Circular No. 21/2016/TT-BNNPTNT dated June 28, 2016, issued by the Minister of Agriculture and Rural Development, concerning primary harvesting and utilization and collection of forest products.

CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO CIRCULAR NO. 21/2016/TT-BNNPTNT OF JUNE 28, 2016 ISSUED BY THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT ON MAIN HARVESTING AND UTILIZATION AND COLLECTION OF FOREST PRODUCTS

Pursuant to the Forest Protection and Development Law 2004;

Pursuant to Decree No. 15/2017/NĐ-CP of February 17, 2017 issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 23/2006/NĐ-CP of March 3, 2006 issued by the Government on the implementation of the Forest Protection and Development Law;

Pursuant to Decree No. 117/2010/NĐ-CP of December 24, 2010 issued by the Government on the organization and management of special-use forests;

At the proposal of the Director General of the Forest Management Department,

The Minister of Agriculture and Rural Development issues this Circular amending and supplementing Circular No. 21/2016/TT-BNNPTNT of June 28, 2016 issued by the Minister of Agriculture and Rural Development on Main Harvesting and Utilization and Collection of Forest Products as follows:

Article 1. Amend and supplement some provisions of Circular No. 21/2016/TT-BNNPTNT dated June 28, 2016 issued by the Minister of Agriculture and Rural Development on Main Harvesting and Utilization and Collection of Forest ProductsDecision No. 28/2016/ND-CP of the Minister of Agriculture and Rural Development dated June 28, 2016 on main harvesting and utilization, collection of forest products

1. Clause 6 shall be amended and supplemented as follows:

a) Amend the title of Clause 6 as follows:

"Clause 6. Main harvesting, utilization, and collection of planted timber"Main harvesting, utilization, and collection of planted timber”

b) Point b, Clause 1, Clause 6 shall be amended and supplemented as follows:

"Before main harvesting, utilization, and collection of timber, the forest owner shall prepare a list of forest products for main harvesting and submit it to the competent authority, specifically:

If the forest owner is an organization, they shall submit to the local Forest Inspection Station or the Forest Inspection Branch (in areas without a Forest Inspection Station).

If the forest owner is a household, individual, or community, they shall submit to the People's Committee of the commune."

c) Supplement Clause 3 of Clause 6 as follows:

"3. Main harvesting and collection of planted timber that is research or experimental scientific forest

a) Shall be carried out according to the provisions at Point a, b, Clause 3, Article 21 of Decree No. 117/2010/NĐ-CP of December 24, 2010 issued by the Government on the organization and management of special-use forests.

b) Time of main harvesting and collection of timber: After the completion of research or experimental scientific projects, which have been accepted and evaluated by the competent authority; if clear-cutting is performed, new forest must be replanted immediately in the next planting season.

c) Before main harvesting and collection of timber, the forest owner shall prepare a list of forest products for main harvesting and submit it to the competent authority, specifically:

For units under central administration, submit to the Forest Management Department;

For units under provincial administration, submit to the Department of Agriculture and Rural Development.

d) The forest owner shall organize main harvesting and collection in accordance with regulations; measure and calculate the volume of timber harvested and collected."

2. Point b, Clause 7 shall be amended and supplemented as follows:

"b) In cases where confirmation of the origin of timber is required: Before main harvesting, utilization, and collection of timber, the forest owner shall prepare a list of forest products for main harvesting and submit it to the People's Committee of the commune."

3. Clause 4, Article 20 shall be amended and supplemented as follows:

"4. Attached to this Circular:

a) Appendix 1: Sample design document for main harvesting, utilization, and collection of forest products applicable to: Point a, b, Clause 3, Article 4; Point b, c, Clause 2, Clause 6.

b) Appendix 2: List of forest products for main harvesting applicable to: Point a, Clause 2, Article 5; Point b, Clause 1 and Point c, Clause 3, Clause 6; Point b, Clause 7; Clause 3, Clause 8; Clause 2, 3, Article 9; Point a, b, Clause 2, Article 10; Clause 1, Point b, c, Clause 2 and Point b, c, Clause 3, Article 11.

c) Appendix 3: Application for permit for main harvesting applicable to: Point b, Clause 3, Article 4; Point c, Clause 2, Clause 6; Point b, Clause 2, Article 10; Point c, Clause 2 and Point c, Clause 3, Article 11.

d) Appendix 4: Sample report on timber harvesting and non-timber forest product harvesting applicable to: Article 19."

4. The list of forest products specified in Point b, Clause 4, Article 4; Point c, Clause 1 and Point đ, Clause 2, Clause 6; Clause 3, Clause 8; Clause 3, Article 10; Clause 4, Article 11 shall be implemented according to Model No. 01 issued together with Circular No. 01/2012/TT-BNN of January 4, 2012 issued by the Minister of Agriculture and Rural Development on Legal Forest Product Documents and Inspection of Forest Product Origin.

5. Amend and supplement Appendix 2 issued together with Circular No. 21/2016/TT-BNNPTNT of June 28, 2016 issued by the Minister of Agriculture and Rural Development on Main Harvesting and Utilization and Collection of Forest Products(Appendix 2 attached).

Article 2. Implementation Provisions

1. This Circular takes effect from October 25, 2017.

2. During implementation, any difficulties should be promptly reported to the Ministry of Agriculture and Rural Development for guidance and resolution./.

Appendix 2: Model Logging Product Inventory Form(Attached toCircular No. 21/2016/TT-BNNPTNTdated June 28, 2016 issued by the Minister of Agriculture and Rural Development)shall be amended and supplemented as follows:

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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LOGGING PRODUCT INVENTORY FORM

1. General Information

- Forest owner's name, or logging unit ...

- Logging area: ... ha;

- Logging period: From ... to ...

2. Content

a) For natural forest wood:

b) For planted forest wood:

c) For other non-wood forest products: