This Circular amends and supplements certain provisions on primary harvesting and utilization and collection of forest products in Circular No. 21/2016/TT-BNNPTNT. In particular, it provides more detailed regulations on the harvesting of planted timber from scientific research forests as well as related sample forms.
适用范围
Forest owners, central and provincial units, Forest Rangers' Stations, Forest Inspection Departments, People's Committees at the commune level
要点
- Forest owners who are organizations shall submit a list of harvested forest products to the Forest Rangers' Station or the Forest Inspection Department (Article 6).
- Forest owners who are households, individuals, or community groups shall submit a list of harvested forest products to the People's Committee at the commune level (Article 6).
- Harvesting planted timber from scientific research forests must comply with the provisions of Article 21 of Decree No. 117/2010/NĐ-CP (Point c Clause 3 Article 6).
- Prior to harvesting or collecting planted timber from scientific research forests, forest owners shall submit a list of forest products to the General Department of Forestry or the Department of Agriculture and Rural Development (Point c Clause 3 Article 6).
- Forest owners shall organize harvesting and collection according to the regulations; measure and calculate the volume of harvested timber (Point d Clause 3 Article 6).
🌐 本文件的社会影响
- Strengthen management of forest product harvesting, protect forests
- Reduce risks of legal violations in forest product harvesting activities
- Scientific research has additional legal basis for harvesting planted timber
- Increase administrative burden for forest owners
❓ 常见问题
Where should forest owners who are organizations send the list of harvested forest products?
To the Forest Rangers' Station or the Forest Inspection Department (where there is no Forest Rangers' Station)
When can timber be harvested in scientific research forests?
After completion and acceptance by competent authorities of research projects and works
How do forest owners organize harvesting of forest products?
Organize harvesting according to regulations; measure and calculate the volume of harvested timber
Is confirmation of wood origin required before harvesting?
Before harvesting, submit a list of forest products to the People's Committee at the commune level if confirmation of wood origin is required (Point b Article 7)
Which cases does the sample form for designing harvesting, utilization, and collection of forest products apply to?
Applies to Point a, b Clause 3 Article 4; Point b, c Clause 2 Article 6
全文
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./.
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Place of Receipt: |
DEPUTY MINISTER |
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:
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No. |
Place name |
Tree species |
Diameter (cm) |
Height (m) |
Volume (m3) |
||
|
Sub-district |
plot |
lot |
|||||
|
|
SD: 150 |
P: 4 |
a b |
border oil |
45 |
10 |
1,5 |
|
Total |
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|
|
|
|
|
|
b) For planted forest wood:
|
No. |
Place name |
Tree species |
Diameter grade (cm) |
Number of trees |
Volume (m3) |
|
|
Specify lot, plot, sub-district(or Land Use Right Certificate, land allocation decision, land lease decision... etc.). |
Acacia
|
<15 15 to <25 25 to .... |
5 |
1,5 -
|
|
Total |
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|
|
|
|
c) For other non-wood forest products:
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No. |
Place name |
Species of forest product |
Volume (m3, tree, ton) |
|
|
Specify lot, plot, sub-district(or Land Use Right Certificate, land allocation decision, land lease decision... etc.). |
Bamboo and rattan |
1000 trees |
|
Total |
|
|
|
|
|
Forest Owner / Logging Unit” |
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