Circular No. 20/2012/TT-BNNPTNT guiding the procedures and formalities for inspecting and settling payment for forest environmental services.

CIRCULAR

Guidelines for the Procedures and Formalities for Acceptance and Payment of Forest Environmental Service Compensation Funds

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Pursuant to the Forest Protection and Development Law dated December 3, 2004;

Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/ND-CP dated September 10, 2009, issued by the Government, amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 99/2010/ND-CP dated September 24, 2010 of the Government on policies for payment for forest environmental services;

Considering the proposal of the General Department of Forestry Director and the Legal Affairs Department Director;

The Minister of Agriculture and Rural Development issues this Circular guiding the procedures and formalities for acceptance and payment of forest environmental service compensation funds.

Article 1. 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.

a) This Circular guides the procedures and formalities for acceptance and payment of forest environmental service compensation funds in cases of indirect compensation as prescribed in Decree No. 99/2010/ND-CP dated September 24, 2010, issued by the Government on policies for compensating forest environmental services.

b) In cases of direct compensation for forest environmental services, the parties shall negotiate the procedures and formalities for acceptance and payment of forest environmental service compensation funds, and it is encouraged that the parties apply these provisions.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.: organizations and individuals related to the acceptance and payment of forest environmental service compensation funds.

Article 2. Provisions on the Acceptance of Forest Protection for Providing Forest Environmental Services

1. Basis for conducting acceptance

a) The approved forest environmental service compensation plan by the competent authority.

b) For forest owners who are organizations, in addition to the basis set forth in Point a, Clause 2 of this Article, there must also be: Documentation about the current state of the forest area (data, maps) updated at the time of implementing the forest environmental service compensation policy.

Specifically, for state-owned forest owners; and organizations that are not forest owners but are currently entrusted by the State with forest management responsibilities, they must additionally have: Forest protection contracts between the forest owner and the household receiving the contract, confirmed by the People's Committee of the district.

2. Subjects required to undergo acceptance

a) Forest owners who are households, individuals, and village communities.

b) Forest owners who are state organizations and households receiving contracts; and organizations that are not forest owners but are entrusted by the State with forest management responsibilities.

c) Forest owners who are economic organizations and non-state public institutions.

3. Acceptance Authority

a) For forest owners who are organizations and organizations that are not forest owners but are entrusted by the State with forest management responsibilities: The Provincial People's Committee assigns the Department of Agriculture and Rural Development to organize the acceptance, assess the quantity and quality of forests, and confirm for the forest owners.

b) For forest owners who are households, individuals, and village communities: The Forest Rangers Office of the district, assigned by the Provincial People's Committee to carry out acceptance upon request of the District People's Committee or the Department of Agriculture and Rural Development (in cases where the Forest Rangers Office is responsible for managing multiple districts).

4. Content of Acceptance

a) Acceptance of forest area

- For forest areas that are not affected or affected but still meet the conditions for providing forest environmental services: They are accepted as meeting requirements and are paid 100% of their value.

- For forest areas that are affected (including logging, cutting, encroachment, fire, illegal change of land use purpose, damage due to natural disasters...), and no longer capable of providing forest environmental services: They are not accepted as meeting requirements and are not paid.

- The area eligible for payment is determined through the acceptance report on the results of providing forest environmental services attached to this Circular.

b) Acceptance of forest quality: Recalculating the K factor when necessary, decided by the acceptance authority.

c) For state-owned forest owners implementing forest protection contracts, if the forest owner agrees with the household receiving the contract to apply the K factor: the acceptance content is carried out according to Decision No. 06/2005/QD-BNN dated January 24, 2005, amended and supplemented by Decision No. 59/2007/QD-BNN dated June 19, 2007, of the Ministry of Agriculture and Rural Development on the issuance of regulations on forest planting, ring-fencing and promoting regeneration of forests, caring for planted forests, protecting forests, ring-fencing and restoring natural forests, and other amendments and supplements replacing them.

d) Determining the forest area meeting the conditions for providing forest environmental services is applied according to the provisions of Circular No. 34/2009/TT-BNNPTNT dated June 10, 2009, issued by the Ministry of Agriculture and Rural Development on criteria for determining and classifying forests and other amendments and supplements replacing them.

5. Method of Conducting Acceptance

a) For forest owners who are organizations and organizations that are not forest owners but are entrusted by the State with forest management responsibilities: inspecting at least 10% of the forest area providing forest environmental services of the forest owner, comparing with documentation on the current state of the forest area, determining the implementation ratio by visual estimation or direct measurement.

b) For forest owners who are households, individuals, and village communities: in cases of acceptance and inspection, checking 100% of the forest area providing forest environmental services of the forest owner, comparing with documentation on the current state of the forest area, determining the implementation ratio by visual estimation or direct measurement.

6. Costs for acceptance by relevant agencies and units are balanced within the management costs of the provincial Forest Protection and Development Fund.

Article 3. Inspection for forest owners who are households, individuals, or village communities

1. The results of forest protection for forest owners who are households, individuals, or village communities shall be confirmed by the Forest Protection Station based on the inspection and consolidation of the area of forests providing environmental services by the People's Committee at the commune level. On-site inspection and acceptance shall only be carried out when necessary.

2. Steps to be taken

a) Step 1. Before November 15 of each planning year, the forest owner shall prepare and submit a self-reported statement of forest protection results providing environmental services to the Village Chief for consolidation.

The Village Chief shall publicly display a consolidated list of names and areas of forests providing environmental services of the forest owners in the community or at the most convenient public place for residents to monitor.

In cases where there are complaints from households, individuals, or village communities, the Village Chief shall have the responsibility to consider and resolve them. If unable to resolve, the Village Chief shall report to the People's Committee at the commune level for resolution.

By November 30, the Village Chief shall send the consolidated list of names and areas of forests providing environmental services of the forest owners along with any unresolved complaints from households, individuals, or village communities to the People's Committee at the commune level.

b) Step 2. Before December 15, the People's Committee at the commune level shall have the responsibility to inspect and consolidate the total area of forests providing environmental services in the commune and send it to the Forest Protection Station at the district level.

In cases where there are complaints from households, individuals, or village communities, the People's Committee at the commune level together with the Village Chief shall have the responsibility to consider and resolve them. If unable to resolve, the People's Committee at the commune level shall transfer the file (including the complaints from households, individuals, or village communities and the handling record) to the Forest Protection Station for resolution.

c) Step 3. Before December 31, the Forest Protection Station shall consolidate the total area of forests providing environmental services in the district.

d) Step 4. Before February 15 of the following year, the Forest Protection Station shall complete the confirmation and preparation of a consolidated report on the acceptance results of forest protection providing environmental services, and send it to the Provincial Forest Protection and Development Fund as the basis for transferring payment for the environmental service payment of the planning year.

In cases where there are complaints from households, individuals, or village communities, and in other necessary cases, the Forest Protection Station shall take the lead in coordinating with relevant agencies and units to conduct inspections and acceptance.

Article 4. Inspection for forest owners who are state organizations, or organizations not being forest owners but entrusted by the State to manage forests

1. Steps to be taken

a) Step 1. The forest owner shall carry out acceptance for the contracted households.

b) Step 2. Consolidate the acceptance results according to the forms prescribed in Decision No. 06/2005/QĐ-BNN and Decision No. 59/2007/QĐ-BNN for the contracted area; prepare a consolidated form of the area of forests managed and protected by the forest owner; submit to the acceptance agency before December 31 of each planning year.

c) Step 3. The acceptance agency shall carry out acceptance, consolidation, and notify the Provincial Forest Protection and Development Fund of the acceptance results before February 15 of the following year as the basis for transferring payment for the environmental service payment of the planning year to the forest owner and organizations not being forest owners but entrusted by the State to manage forests.

2. Acceptance team members: determined by the acceptance agency.

Article 5. Acceptance for forest owners who are organizations not under state ownership

1. Steps to be taken

a) Step 1. In cases where the forest owner signs a forest protection contract or a joint venture/cooperation agreement with households, individuals, village community groups, the forest owner shall carry out acceptance according to the signed contract/agreement.

b) Step 2. The forest owner prepares a summary table of the forest area providing forest environmental services to be submitted to the acceptance authority before December 31 of the planning year.

c) Step 3. The acceptance authority conducts acceptance, summarizes, and reports the acceptance results to the provincial Forest Protection and Development Fund before February 15 of the following year for the basis of entrusting payment of forest environmental service payments to the forest owner.

2. Acceptance team members: determined by the acceptance agency.

Article 6. Organization of acceptance

1. The Department of Agriculture and Rural Development is responsible for establishing a system of acceptance forms, including self-reported results of forest protection providing forest environmental services, summary forms of acceptance results to serve as a unified basis throughout the province.

2. The acceptance authority carries out acceptance, inspection, and evaluation of the current status of forests; determines the coefficient K for each forest plot of the forest owner as the basis for payment of forest environmental service payments.

3. Local forestry rangers assist the People's Committee of the commune in implementing inspections and summarizing the forest area providing forest environmental services within the entire commune.

Article 7. Effective Date

1. This Circular shall take effect 45 days from the date of signature.

2. During the implementation process, if there are any difficulties, relevant organizations and individuals are requested to promptly reflect them to the Ministry of Agriculture and Rural Development (through the Forestry General Department) for research and resolution./.