Circular No. 20/2016/TT-BNNPTNT Amending and supplementing certain Articles of Circulars Nos.: 38/2007/TT-BNNPTNT, 78/2011/TT-BNNPTNT, 25/2011/TT-BNNPTNT, 47/2012/TT-BNNPTNT, 80/2011/TT-BNNPTNT, 99/2006/TT-BNNPTNT.

CIRCULAR

Amending and supplementing certain Articles of Circulars: 38/2007/TT-BNNPTNT,

78/2011/TT-BNNPTNT, 25/2011/TT-BNNPTNT, 47/2012/TT-BNNPTNT,

80/2011/TT-BNNPTNT, 99/2006/TT-BNN.

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Pursuant to the Forest Protection and Development Law 2004;

BASED ON THE DECREE NO. 199/2013/NĐ-CP OF NOVEMBER 26, 2013 OF THE GOVERNMENT PROVIDING FOR THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT;

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

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

The Ministry of Agriculture and Rural Development issues this Circular amending and supplementing certain Articles of Circulars: 38/2007/TT-BNNPTNT, 78/2011/TT-BNNPTNT, 25/2011/TT-BNNPTNT, 47/2012/TT-BNNPTNT, 80/2011/TT-BNNPTNT, 99/2006/TT-BNN.

Article 1. Amending and supplementing Circular No. 38/2007/TT-BNN dated April 25, 2007 on guiding the procedures and formalities for transferring forests, leasing forests, and reclaiming forests for organizations, households, individuals, and village communities.

1. Section II is amended and supplemented as follows:

"Section II. PROCEDURES AND FORMALITIES FOR TRANSFERRING FORESTS AND LEASING FORESTS

1. Transferring forests

a) Transferring forests without payment for forest use: The State transfers forests without payment for forest use in the following cases:

- Transferring special-use forests including national parks, nature reserves, scenic protection areas, and scientific research and experimental forests to forest management boards for special-use forests, scientific research organizations, and forestry training institutions to manage, protect, and develop special-use forests.

- Transferring concentrated protective forests to forest management boards for protective forests; transferring intermixed protective forests within production forests to economic organizations; transferring scattered protective forests to village communities, households, and individuals residing in the commune where the forest is located; transferring border protective forests to armed forces for direct management, protection, and development of forests.

- Transferring natural production forests and planted production forests to village communities, households, and individuals residing in the commune where the forest is located for direct forestry production; economic organizations producing forest tree seedlings; economic units under the People's Armed Forces for defense and security; forest management boards for special-use forests and forest management boards for protective forests when production forests are intermixed with special-use forests and protective forests already transferred to the boards.

b) Transferring forests with payment for forest use: The State transfers natural production forests and planted production forests with payment for forest use to economic organizations.

2. Plan for transferring forests

a) Prior to transferring forests, the People's Committee at the level specified in Article 24 of Decree No. 23/2006/NĐ-CP must prepare a plan for transferring forests and leasing forests to be submitted to the People's Council at the same level for approval and reported to the higher-level People's Committee for approval.

b) The plan for transferring forests must clearly specify the current status of various types of forests in the locality; the need for forest management and use; the priority order of recipients (for transferring forests to households and individuals, the limit of forest transfer must be determined); location and area of transfer; schedule; responsibilities and funding for implementation, etc.

The plan for transferring forests must reflect each recipient in both the file and on the map.

3. Limit on transferring forests to households and individuals

The limit on transferring forests to households and individuals is proposed by the People's Committee at the district level and approved by the People's Committee at the provincial level based on the forest fund of each locality but not exceeding the maximum limit prescribed in Article 22 of Decree No. 23/2006/NĐ-CP.

4. Procedures and formalities for transferring forests and leasing forests to households and individuals and transferring forests to village communities

a) Step 1: Submitting application files and accepting, reviewing applications for transferring forests and leasing forests

- Households, individuals, and village communities submit directly or through postal service one set of application files for transferring forests and leasing forests to the People's Committee at the commune level, which includes:

+ For households and individuals: Application for transferring forests (Annex 1 issued together with this Circular); or Application for leasing forests (Annex 2 issued together with this Circular), Plan for using forests (Annex 3 issued together with this Circular).

+ For village communities: Application for transferring forests (Annex 4 issued together with this Circular); plan for managing the forest area and minutes of the community meeting agreeing to the application for transferring forests.

- The People's Committee at the commune level is responsible for:

+ Accepting application files for transferring forests and leasing forests; issuing a receipt confirming the components of the accepted file and the date for returning the result.

+ Reviewing applications for transferring forests and leasing forests from households, individuals, and village communities; inspecting the actual site (location, boundaries, disputes) of the forest area according to the application of households, individuals, and village communities to ensure the conditions and bases for transferring forests as stipulated by law.

+ Confirming and transferring applications for transferring forests and leasing forests from households, individuals, and village communities to the People's Committee at the district level.

The time to complete Step 1 shall not exceed 10 (ten) working days from the date the People's Committee at the commune level receives the application files for transferring forests and leasing forests from households, individuals, and village communities.

b) Step 2: Reviewing and determining the current status of the forest

The Forest Inspection Station at the district level or the specialized agency under the People's Committee at the district level in places without a Forest Inspection Station accepts the application files for transferring forests and leasing forests from households, individuals, and village communities transferred by the People's Committee at the commune level, and is responsible for:

- Reviewing the application files for transferring forests and leasing forests from households, individuals, and village communities. - Cooperating with the People's Committee at the commune level to organize the determination and evaluation of the current status of the forest area on-site. The results of inspection and evaluation of the current status must be recorded in a protocol specifying the location, boundaries, area, current status, volume, map of the forest area, and confirmed and signed by representatives of the People's Committee at the commune level and adjacent forest owners.

- Submitting to the People's Committee at the district level for consideration and decision on transferring forests and leasing forests to households, individuals, and village communities. The time to complete Step 2 shall not exceed 20 (twenty) working days.

c) Step 3: Decision on transferring forests and leasing forests

After receiving the forest transfer and lease files submitted by the Forest Protection Division at the district level or specialized agencies at the district level, the People's Committee at the district level shall examine and decide on the transfer and lease of forests to households, individuals, and village communities according to the Decision model in Appendix 4 of Circular 38/2007/TT-BNN dated April 25, 2007, issued by the Minister of Agriculture and Rural Development guiding the procedures and formalities for transferring and leasing forests to organizations, households, individuals, and village communities (hereinafter referred to as Circular 38/2007/TT-BNN); sign the Forest Lease Contract for the case of leasing forests (Appendix 5 of Circular 38/2007/TT-BNN).

The time limit for implementing Step 3 shall not exceed 3 (three) working days.

d) Step 4: Handover of the forest

Upon receipt of the Decision on the transfer and lease of forests from the People's Committee at the district level, the Forest Protection Division at the district level or specialized agencies at the district level shall cooperate with the People's Committee at the commune level to organize the handover of the forest on-site to households, individuals, and village communities. The handover must clearly define the location, boundaries, area, current status, volume, map of the transferred forest area, and establish a record with signatures of representatives of the People's Committee at the commune level and adjacent forest owners according to the Record model in Appendices 5 and 6 of Circular 38/2007/TT-BNN.

The time limit for implementing Step 4 shall not exceed 3 (three) working days.

During the implementation of the above steps, if households, individuals, or village communities do not meet the Conditions for being granted or leased forests, the agency receiving the file must return the file to the households, individuals, or village communities and clearly inform the reasons for not being granted or leased forests.

5. Procedures and formalities for transferring and leasing forests to organizations

a) Step 1: Submitting the file

Organizations that need to transfer or lease forests shall submit directly or through postal service one set of files at the Department of Agriculture and Rural Development, including:

- Request for forest transfer or lease (Appendix 05 attached to this Circular);

- Sustainable management and utilization plan for the forest area (original copy).

The Department of Agriculture and Rural Development shall accept the request for forest transfer and lease files; confirm the components of the accepted file and issue a notice of the date to receive the result.

b) Step 2: Reviewing the file and determining the current status of the forest

After receiving valid files, the Department of Agriculture and Rural Development shall be responsible for:

- Leading the review of the request for forest transfer and lease files and performing other procedures as prescribed by law before transferring or leasing forests.

- Leading and coordinating with the People's Committee at the district level and the People's Committee at the commune level to organize the determination and evaluation of the current status of the forest area on-site to be transferred or leased. The results of the inspection and evaluation of the forest status must be recorded clearly defining the location, boundaries, area, current status, volume, map of the forest area, and signed by representatives of the People's Committee at the district level, the People's Committee at the commune level, and adjacent forest owners.

- Preparing a report attached to the file and submitting it to the People's Committee at the provincial level for examination and decision on the transfer and lease of forests to organizations.

The time limit for implementing Step 2 shall not exceed 30 (thirty) working days from the date of receipt of valid organization files.

c) Step 3: Decision on transferring forests and leasing forests

After receiving the files and reports submitted by the Department of Agriculture and Rural Development, the People's Committee at the provincial level shall examine and sign the Decision on the transfer and lease of forests to organizations (Appendix 4 of Circular 38/2007/TT-BNN); sign the Forest Lease Contract for the case of leasing forests (Appendix 5 of Circular 38/2007/TT-BNN).

The time limit for implementing Step 3 shall not exceed 3 (three) working days.

d) Step 4: Handover of the forest

Upon receipt of the Decision on the transfer and lease of forests from the People's Committee at the provincial level, the Department of Agriculture and Rural Development shall cooperate with the People's Committee at the district level and the People's Committee at the commune level to organize the handover of the forest on-site to the organization. The handover must clearly define the location, boundaries, area, current status, volume, map of the transferred forest area, and establish a record with the participation and signatures of representatives of the People's Committee at the district level and the People's Committee at the commune level according to the Record model in Appendices 5 and 6 of Circular 38/2007/TT-BNN.

The time limit for implementing Step 4 shall not exceed 3 (three) working days.

During the implementation of the above steps of forest transfer and lease, if the organization does not meet the Conditions for being granted or leased forests, the Department of Agriculture and Rural Development must return the file to the organization and clearly inform the reasons for not being granted or leased forests.

2. Repeal Section III; repeal Appendix 3.

Article 2. Amend and supplement Circular No. 47/2012/TT-BNNPTNT dated September 25, 2012 on management of natural exploitation and breeding of common wild animals.

1. Point d Clause 1 Article 4 shall be amended and supplemented as follows:

"d) A copy of the Enterprise Registration Certificate or Business Registration Certificate with the signature and stamp of confirmation from the organization; or a copy of the Business Registration Certificate or Identity Card or Citizen Identification Card of the individual applying for the permit;"

2. Point c and Point d Clause 1 Article 5 shall be amended and supplemented as follows:

"c) A copy of the signed agreement on scientific research cooperation program or decision to implement scientific research projects, programs for research specimens with the signature and stamp of confirmation from the organization; or a copy of the consent document of the Ministry of Agriculture and Rural Development for cases of exploitation for diplomatic purposes, exchange between zoos, non-profit exhibitions, non-profit circus performances, specimen exchange with CITES Management Authorities of member countries;

d) A copy of the Enterprise Registration Certificate or Business Registration Certificate or establishment decision with the signature and stamp of confirmation from the organization."

3. Clause 1 and Point a Clause 3 Article 8 shall be amended and supplemented as follows:

"1. The application dossier for issuing a breeding farm certificate includes:

a) The original application for issuing a breeding farm certificate must clearly state the following contents: name, address, number of the Enterprise Registration Certificate or Business Registration Certificate or establishment decision of the organization; species name, quantity, origin of the bred animals; location of the breeding farm; description of the breeding farm according to Appendix 06 issued together with this Circular, with confirmation from the People's Committee at the commune level;

b) A copy of the Environmental Impact Assessment Report or Environmental Protection Plan according to the provisions of environmental protection laws.

3. The certificate and validity period of the breeding farm certificate

a) The certificate must clearly state the following contents: name, address, number of the Enterprise Registration Certificate or Business Registration Certificate or establishment decision of the organization granted; species name, quantity, origin of the bred animals according to Appendix 07 issued together with this Circular."

4. Clause 1 and Clause 3 Article 9 shall be amended and supplemented as follows:

"1. Organizations, households, individuals breeding common wild animals shall submit a notification of the breeding facility to the People's Committee at the commune level directly or through postal service. The notification of the breeding facility must clearly state the following contents: name, address of the breeding facility owner; species name, quantity, origin of the proposed breeding; location of the breeding facility according to Model No. 08 issued together with Circular No. 47/2012/TT-BNNPTNT.

3. After submitting the notification, organizations, households, individuals breeding common wild animals must establish a monitoring book according to Model No. 10 issued together with Circular No. 47/2012/TT-BNNPTNT."

5. Abolish Model No. 6 and Model No. 7.

Article 3. Amend and supplement Point c Clause 3 Article 5 of Circular No. 78/2011/TT-BNNPTNT dated November 11, 2011 detailing the implementation of Decree No. 117/2010/NĐ-CP dated December 24, 2010 of the Government on the organization and management of special-use forests as follows:

"c) An agreement on scientific cooperation that has been approved by competent authorities (a copy with confirmation from the organization requesting research);"

Article 4. Amend and supplement Point a and Point b Clause 2 Article 10 of Circular No. 80/2011/TT-BNNPTNT dated November 23, 2011 guiding the method for determining payment for forest environmental services.

"a) A copy of the court decision in cases of loss of civil capacity; declaration of death or disappearance by the court.

b) A copy of the death certificate in cases of death."

Article 5. Repeal Clause 11 Part II of Circular No. 99/2006/TT-BNN dated November 6, 2006 guiding the implementation of certain Articles of the Forest Management Regulation issued together with Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of the Government Prime Minister.

Article 6. Repeal certain Articles of Circular No. 25/2011/TT-BNNPTNT dated April 6, 2011 amending, supplementing, and abolishing certain provisions on administrative procedures in the field of forest protection and development pursuant to Resolution No. 57/NQ-CP dated December 15, 2010 as follows:

1. Repeal the provisions on the procedures and formalities for transferring forests and leasing forests at Clause 1, Clause 2, Clause 3, Clause 4, and Clause 5 Article 3.

2. Repeal the provisions on the procedures and formalities for preserving specimens and genetic sources of wild animal species at Clause 3 Article 7.

Article 7. Implementation Provisions

1. This Circular shall take effect from August 15, 2016.

2. During the course of implementation, if there are any difficulties, organizations and individuals shall promptly reflect them to the Ministry of Agriculture and Rural Development for resolution./.