Circular No. 17/2022/TT-BNNPTNT Amending and supplementing certain Articles of Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on forest management measures

CIRCULAR

Amending and supplementing certain provisions of Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on forest management measures issued by the Minister of Agriculture and Rural Development regarding forest management measures

______________

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

Pursuant to the Forestry Law dated November 15, 2017;

At the proposal of the Director General of the Forest Administration;

The Minister of Agriculture and Rural Development issues this Circular amending and supplementing certain provisions of Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on forest management measures qprovisions on forest reproductive measures.

Article 1. Amending and supplementing certain provisions of Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on forest management measures

1. Amending and supplementing Clause 7 of Article 3 as follows:

"7. Reforestation is a forest management measure that creates forests on areas of land cleared after clear-cutting, forests lost due to natural disasters or other causes; supplementary planting for areas that do not meet the criteria for becoming forests."

2. Amending and supplementing Clause 15 of Article 3 as follows:

"15. Fast-growing tree species are woody trees with an average diameter growth rate of two centimeters or more per year or an average yield of fifteen cubic meters per hectare per cycle under suitable site conditions."

3. Amending and supplementing Clause 16 of Article 3 as follows:

"16. Slow-growing tree species are woody trees with an average diameter growth rate of less than two centimeters per year or an average yield of less than fifteen cubic meters per hectare per cycle under suitable site conditions."

4. Supplementing Clauses 20 and 21 after Clause 19 of Article 3 as follows:

"20. Biologically mature planted forest is a forest where at least seventy percent of the trees have reached their natural maturity age, at which point the annual average increment in volume of the trees approaches zero (less than one-thousandth);
21. Main planted tree species: Woody trees planted in accordance with the purpose of the forest."

5. Amending and supplementing Point a of Clause 1 of Article 4 as follows:

"a) Areas that have not met the criteria for becoming forests: Forests from clear-cutting; abandoned swidden fields, grasslands, shrublands mixed with trees, and river mouths, coastal areas with a density of regeneration target trees over five hundred trees per hectare when they reach a height of more than half a meter; peatlands with a density of regeneration target trees over one thousand trees per hectare. The density of regeneration target trees is relatively evenly distributed across the entire area or has gaps smaller than one thousand square meters."

6. Amending and supplementing Point a Clause 2 Article 4 as follows:

"a) For objects regulated in Point a of Clause 1 of this Article, the forest owner shall choose among the following measures:

For special-use forests (strict protection zones): Protect and prevent the cutting of existing regeneration target trees; forest fire prevention and extinguishing;

For special-use forests (ecological restoration zones), protective forests, production forests: Protect and prevent the cutting of existing regeneration target trees; forest fire prevention and extinguishing; clearing vines, shrubs, and cutting diseased, deformed, and non-target trees; pruning and thinning shoots to leave no more than two shoots per stump and conducting forest sanitation;

For mangrove and peat forests: Establish appropriate forest belts according to the natural conditions of each region; remove weeds, water hyacinths, and other objects that suppress regeneration target trees; set up protective barriers."

7. Amending and supplementing Point a of Clause 1 of Article 5 as follows:

"a) Areas that have not met the criteria for becoming forests: Forests from clear-cutting; abandoned swidden fields, grasslands, shrublands mixed with trees, and river mouths, coastal areas with a density of regeneration target trees between three hundred and less than five hundred trees per hectare for protective forests and production forests, or between one hundred and less than five hundred trees per hectare for special-use forests (excluding strict protection zones); peatlands with a density of regeneration target trees below one thousand trees per hectare. The density of regeneration target trees is unevenly distributed or has gaps between one thousand and less than three thousand square meters."

8. Amending and supplementing Clause 2 of Article 5 as follows:

"a) Objects regulated in Point a of Clause 1 of this Article shall be implemented according to the provisions in Point a of Clause 2 of Article 4 of this Circular; objects regulated in Point b of Clause 1 of this Article shall be implemented according to the provisions in Point b of Clause 2 of Article 4 of this Circular;

b) Supplementary planted tree species are woody trees, multi-purpose trees, and non-timber forest products: For special-use forests, they are native tree species distributed within the ecosystem of the special-use forest; for protective forests, they are native tree species distributed within the region or similar ecosystems; for production forests, they are native tree species with economic value that meet the production and business purposes;

c) Seedling standards:

For special-use forests and protective forests: Woody trees planted as seedlings with root balls, seedling height from fifty centimeters and root collar diameter from fifty millimeters or higher, or applying national standards for forestry seedlings for tree species that have published standards; for specific conditions in saline and peat areas, supplementary planting can be done using seedlings with root balls, fruits, or cuttings; for supplementary planting using seeds or cuttings, apply the technical guidelines stipulated in Article 15 of this Circular;

For production forests: Ensuring seedling standards and quality according to the regulations for each tree species.

d) Determining the density of supplementary planting based on the current density of regeneration target trees, ensuring that the density of supplementary planted trees and regeneration target trees does not exceed eight hundred trees per hectare;

e) Supplementary planting in bands for areas where regeneration target trees are unevenly distributed; band width from two meters to three meters, gap width from six meters to twelve meters; planting in patches for gaps between one thousand and three thousand square meters; planting pit size with sides thirty centimeters long and depth thirty centimeters or more (hereinafter referred to as 30 x 30 x 30 cm);

e) Caring for natural regeneration target trees and supplementary planted trees, replanting dead supplementary planted trees; weeding and mulching around the base of supplementary planted trees in a circular shape with a diameter of 0.6 meters or more;

f) Care period not exceeding six years. In the first three years after planting, care at least twice a year, and once a year thereafter depending on the condition of the vegetation cover."

9. Amending and supplementing Clause 1 of Article 6 as follows:

"a) For protective forests that are recovering forests or depleted forests with standing timber volume below 30 m3/ha, the number of trees reaching canopy height is 400 trees/ha or more, and the number of purposeful regenerating trees with a height of over 1 meter is 500 trees/ha or more. The density of purposeful timber trees and regenerating trees is relatively evenly distributed across the entire area;

Bamboo and rattan forests have a coverage rate of over 60% and at least 200 clumps/ha, distributed relatively evenly across the entire area;

b) For production forests that are recovering or depleted forests with standing timber volume below 30 m3/ha, meeting the production and business purposes with at least 500 high-quality timber trees/ha and at least 1,000 purposeful regenerating trees with a height of over 1 meter. The density of timber trees and purposeful regenerating trees is relatively evenly distributed across the entire area;

Bamboo and rattan forests have a coverage rate of over 70% and at least 200 clumps/ha, distributed relatively evenly across the entire area".

10. Amend and supplement Point a Clause 2 Article 6 as follows:

"a) For hardwood forests under protective forests: Carry out pruning of climbing plants, cutting of crooked, diseased, broken, and stunted trees; do not cut shrubs and fresh grass; retain healthy growing trees to ensure a minimum canopy cover of 0.6; the number of cuts ranges from 1 to 3 times, with intervals between cuts ranging from 3 years to 10 years."

11. Amend and supplement Clause 1 Article 7 as follows

"a) For protective forests and special-use forests (excluding strictly protected zones) that are recovering or depleted forests with standing timber volume below 30 m3/ha, the number of trees reaching canopy height is less than 400 trees/ha and the number of purposeful regenerating trees with a height of over 1 meter is 500 trees/ha or more, or the number of trees reaching canopy height is 400 trees/ha or more and the number of purposeful regenerating trees with a height of over 1 meter is less than 500 trees/ha. The density of timber trees and purposeful regenerating trees is unevenly distributed across the entire area;

Bamboo and rattan forests have a coverage rate of over 60% and less than 200 clumps/ha, distributed unevenly across the entire area;

b) For production forests that are naturally recovering or depleted forests with standing timber volume below 30 m3/ha, meeting the production and business purposes with fewer than 500 high-quality timber trees/ha and more than 1,000 purposeful regenerating trees with a height of over 1 meter, or more than 500 high-quality timber trees/ha and fewer than 1,000 purposeful regenerating trees with a height of over 1 meter. The density of timber trees and purposeful regenerating trees is unevenly distributed across the entire area;

Bamboo and rattan forests have a coverage rate of over 70% and less than 200 clumps/ha, distributed unevenly across the entire area."

12. Amend and supplement Point c Clause 2 Article 7 as follows:

"c) Establish planting bands (cutting bands): Implement in open areas with an area of less than 1,000 m2 or where forest trees are unevenly distributed;

For upland forests: Planting bands should be arranged along contour lines in areas with a slope greater than 25 degrees and along east-west directions in areas with a slope of 25 degrees or less. For coastal mangrove forests: Planting bands should be arranged along the coastline;

Based on the shade tolerance of planted trees and the height of trees in retained bands, determine the appropriate width of planting bands, with the maximum width of planting bands being two-thirds of the canopy height of the retained band; clear vegetation within the cutting band but retain purposeful trees."

13. Amend and supplement Point h Clause 2 Article 7 as follows:

"h) Forest care: Implement for three years after planting, with at least two care sessions per year. Tasks include: replanting, pruning climbing plants and invasive weeds on planting bands, loosening soil around the base of planted trees in a circular pattern with a diameter of at least 0.6 meters; water management for mangrove and brackish water forests;

From the fourth year onwards, implement care annually at least once and not more than six years (72 months) until planted trees reach a height of at least 5 meters for fast-growing trees and at least 2 meters for slow-growing trees. Tasks include: Pruning sprouts, invasive regenerating trees, climbing plants, and non-purposeful trees within retained bands; water management for mangrove and brackish water forests."

14. Supplement Point d after Point c Clause 3 Article 7 as follows:

"d) Treat ground vegetation in accordance with site conditions and ecological characteristics of each tree species."

15. Supplement Point e after Point đ Clause 1 Article 8 as follows:

"e) Broadleaf deciduous forests (Khộp forests) that lack the ability to recover economically valuable forests, with indicators including: The canopy structure has been disrupted, mid-rain season canopy cover is below 0.3; the number of high-quality purposeful timber trees is less than 50 trees/ha; standing timber volume of trees with a diameter at breast height of 6 cm or more is below 30 m3/ha; the number of high-quality purposeful regenerating trees with a height of over 1 meter is less than 700 trees/ha. The density of timber trees and purposeful regenerating trees is unevenly distributed across the entire area."

16. Amend and supplement Point d Clause 2 Article 9 as follows:

"d) Seedling standards: For main crop trees, they must be grown from seeds and have seedlings; for tree species listed in the main forestry crop directory, they must meet national seedling standards;

For mangrove and brackish water forest trees: Depending on specific conditions, seedlings, fruits (fruits), sprouts, bare-rooted trees can be used for planting;

For trees planted from seeds, root cuttings, and stem cuttings: Follow the technical guidelines specified in Article 15 of this Circular."

17. Amend and supplement Point a Clause 2 Article 10 as follows:

"a) Select tree species:

For objects defined in Point a Clause 1 of this Article, choose tree species suitable for site conditions: Prioritize native trees or introduced species that have been planted for a long time and grow well in the local ecosystem; trees with dense foliage, evergreen canopies, developed root systems, and long lifespans; select complementary species to interplant with main crop trees without adversely affecting them, including fast-growing species for soil improvement, food crops, multi-purpose trees, medicinal plants, and non-timber forest products."

The subject specified in point b, Clause 1 of this Article shall select tree species with deep root systems that firmly anchor to the ground, prioritizing native trees that can grow under harsh site conditions and have good windstorm and pest resistance capabilities;

The subject specified in point c, Clause 1 of this Article shall choose tree species that can adapt to brackish water environments; prioritize planting native trees and those successfully planted in forest restoration on river deltas, coastal areas, and other harsh site conditions;

18. Amend and supplement point b, Clause 2 of Article 10 as follows:

"b) For the subjects specified in points a and b, Clause 1 of this Article, clear understory vegetation in bands or patches. Understory vegetation should be gathered into strips along contour lines on sloping land; completely clear understory vegetation where the slope is less than 25 degrees (25°), but leave green belts at hilltops, stream banks, riverbanks, and lake shores. When handling understory vegetation, retain all existing timber trees and regeneration purposes trees, and do not burn them; on slopes steeper than 25 degrees (25°), only dig individual pits in a staggered pattern along contour lines or perpendicular to the prevailing wind direction, with pit dimensions of 30 x 30 x 30 cm or larger, fill the pits while applying base fertilizer.";

19. Replace the phrase "400 trees/hectare" with the phrase "600 trees/hectare" in point d, Clause 2 of Article 10.

20. Delete the phrase "in places with special site conditions" in point c, Clause 2 of Article 11.

21. Amend and supplement point c, Clause 1 of Article 12 as follows:

"c) The area of protective forests after harvesting intercropped trees and fast-growing trees for soil improvement.";

22. Add point d following point c, Clause 1 of Article 12 as follows:

"d) The area of windbreak and sand-fixing protective forests; wave-blocking and sea-reclamation protective forests that have not yet met the criteria for becoming forests; production forests converted to protective or special-purpose forests; mature biological age plantations (old-growth) that do not meet the standard density of 600 trees/hectare for protective forests. Canopy cover below 0.3.";

23. Add point c following point b, Clause 2 of Article 12 as follows:

"c) The area of windbreak and sand-fixing protective forests; wave-blocking and sea-reclamation protective forests that have not yet met the criteria for becoming forests; production forests converted to protective or special-purpose forests; mature biological age plantations (old-growth): Supplement planting according to current density to ensure the required planting density or forest density. Planting techniques are carried out in bands or dispersed as stipulated in points b, c, d, đ, g, and h, Clause 2 of Article 7 of this Circular; planting in patches is carried out as stipulated in Clause 3 of Article 7 of this Circular.";

24. Amend and supplement Clause 1 of Article 13 as follows:

"a) For fast-growing trees: Maximum care period up to three years old (36 months);
b) For slow-growing trees and coastal forests: Maximum care period up to five years old (60 months).";

25. Amend and supplement point d, Clause 2 of Article 13 as follows:

"d) Replanting: Conduct replanting in the first year after planting for fast-growing tree species if the survival rate is below 85% compared to the initial planting density. For slow-growing tree species and coastal forests: In the first three years after planting, if the survival rate is below the acceptance criteria or the forest density standard according to Vietnamese standards, replanting must be conducted. The number of replanted trees depends on the current density to ensure the required forest density criteria. The age of seedlings for replanting corresponds to the year of forest planting.";

26. Amend and supplement Clause 1 of Article 14 as follows:

"a) Production forests from the young forest closure stage to before full harvest, two to four years for fast-growing tree species and six to ten years for slow-growing tree species;

b) Production forests using fast-growing tree species, pure stands, uniform age, on good site conditions with a topsoil layer thickness over 50 cm, in areas with little occurrence of typhoons and tornadoes; plantation density over 1000 trees/hectare to convert small timber plantations to large timber plantations;

c) Protective forests that have closed canopy with a canopy cover greater than 0.6 and a main tree species density of more than 600 trees/hectare (for headwater protective forests) or more than 1500 trees/hectare (for coastal protective forests). Main tree species density is evenly distributed across the entire area;

d) Protective and production forests: Plant native tree species that have become forests after the basic construction phase until canopy closure.";

27. Amend and supplement point b, Clause 2 of Article 14 as follows:

"b) For production forests: Thin out crooked, diseased, suppressed, and topped trees that do not meet business objectives; normally growing trees with excessive density; retain healthy trees with balanced foliage, straight trunks, and uniform diameter; thinning intensity varies in four levels: Low level is the distance between retained trees smaller than one-third of the canopy spread at full harvest age; medium level is the distance between retained trees from one-third to less than half of the canopy spread at full harvest age; high level is the distance between retained trees from half to nearly equal to the canopy spread at full harvest age; very high level is the distance between retained trees equal to or greater than the canopy spread at full harvest age;

For protective forests: Thin out supporting or main tree species with excessive density; thin out crooked, diseased, suppressed, and topped trees with poor growth; thinning intensity per session does not exceed 20% of total volume; retained trees for nurturing are main tree species with average or better growth quality, balanced foliage, straight trunks, uniform diameter, and even distribution across the entire area;

Number of thinning sessions ranges from one to three; interval between thinning sessions ranges from two to six years depending on the tree species, site conditions, age of trees, and thinning intensity; conduct the next thinning session when the forest has closed canopy after the previous adjacent thinning session;

Timing of thinning: During the dry season or months with little rain (before or after the growing season).";

28. Amend and supplement point e, Clause 2 of Article 14 as follows:

"e) Density of trees left for production forests at the time of full harvest from 400 trees/hectare to 800 trees/hectare for fast-growing tree species with a large wood business cycle of eight to fifteen years; from 300 trees/hectare to 700 trees/hectare for slow-growing tree species with a large wood business cycle exceeding fifteen years;

The density left for upstream protective forests shall be at least 600 main plantings/ha, and for mangrove and acid-sulphate swamps, it shall be at least 1500 plants/ha. The distribution of main plantings must be even across the plot.

29. Add Point i following Point h, Clause 2, Article 14 as follows:

"i) For planted protective forests and planted production forests: After the basic construction phase until canopy closure, apply technical measures at least once/year according to Point a, Clause 2, Article 14 of this Circular."

30. Add Point d following Point c, Clause 2, Article 15 as follows:

"d) Advise the People's Committee of the province to promulgate fast-growing and slow-growing tree species; purposeful and non-purposeful trees for protective forests and production forests within the province."

Article 2. Implementation clause

1. This Circular takes effect from December 12, 2022.

2. Programs and projects that have applied forest management measures approved before the effective date of this Circular shall continue to implement according to Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018, issued by the Minister of Agriculture and Rural Development on forest management measures.

During the implementation of this Circular, if there are any difficulties, agencies, organizations, and individuals should promptly report them to the Ministry of Agriculture and Rural Development for guidance and research on amendments and supplements.