Circular No. 21/2023/TT-BNNPTNT stipulates certain economic and technical norms regarding Forestry.

CIRCULAR

REGULATIONS ON CERTAIN ECONOMIC AND TECHNICAL STANDARDS FOR FORESTRY

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On the basis of Government Decree No. 1Article 05/2022/NĐ-CP dated December 22, 2022, stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Agriculture and Rural Development; LAW ; pursuant to the Law on Forestry dated November 15, 2017;

pursuant to Decree No. 156/2018/NĐ-CP dated November 16, 2018 of the Government detailing the implementation of certain provisions of the Law on Forestry;;

at the proposal of the Director of the Forest Management Department and the Director of the Forest Protection Department;amendthe Minister of Agriculture and Rural Development issues this Circular regulating certain economic and technical standards for forestry.

This Circular sets forth economic and technical standards as a basis for determining costs to implement certain forest management measures and patrolling to protect forests.inThis Circular applies to agencies, organizations, individuals, households, and community groups involved in implementing certain forest management measures and patrolling to protect forests using state budget funds, lawful revenues of state agencies, and public service units allocated according to the law. It encourages application to activities funded from sources outside the state budget.

1. Economic and technical standards for certain forest management measures are the necessary consumption levels regarding labor, materials, machinery, and equipment required to complete a product (forest management work) under specific conditions, meeting criteria, standards, and quality set by competent state authorities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. Economic and technical standards for patrolling to protect forests are the necessary consumption levels regarding labor and materials required to complete the task of patrolling to protect forests.

Article 2. Applicability

3. Factors forming economic and technical standards for certain forest management measures include: construction methods following technical guidelines issued by competent state authorities; site conditions where forest management measures are implemented (land, slope, altitude, vegetation, forest); and travel distance.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

4. Factors forming economic and technical standards for patrolling to protect forests include: labor, materials, travel distance, patrol areas in normal and mixed conditions, protected forest area, type of forest (natural forest, planted forest).

5. Unit cost is the necessary consumption level regarding labor, materials, machinery, and equipment required to complete a specific volume of work under specific conditions.

6. Adjustment factor (K) is a coefficient used to calculate and adjust labor consumption levels when factors forming the standard change.

7. Normal condition is the condition where factors forming the standard are commonly applied in localities with an adjustment factor K=1.

8. Mixed condition is the condition applying both travel distance factor (K

i

) and forest type factor (natural forest, planted forest) (K

j_i) for the protected forest area._{9. Travel distance is the distance traveled without using mechanical means (cars, motorcycles, motorboats) to reach locations for implementing technical forest management measures and patrolling to protect forests.}Article 4. Principles for Applying Economic and Technical Standards

1. Based on specific site conditions, technical measures, travel distance, and forest types, apply the adjustment factor (K) to calculate the necessary labor consumption levels for each project component when preparing designs, budgets, or plans, and organizing implementation.

2. The application of economic and technical standards must comply with requirements stipulated in standards, regulations, technical guidelines, and procedures already issued by competent state authorities.

3. Official Development Assistance (ODA) programs, scientific research, and seed development projects shall be applied according to approved budgets.

4. Provisions regarding wage coefficients for each position and steps of work in this Circular are average wage coefficients; specific wage coefficients for workers performing these steps of work depend on the nature of each task or project and are paid according to the average wage coefficients for those steps of work.

ECONOMIC AND TECHNICAL STANDARDS FOR CERTAIN FOREST MANAGEMENT MEASURES

4. The provisions on the salary coefficients for each position at each job level in this Circular are average salary coefficients; specific salary coefficients for workers performing each job level are determined based on the nature of each task or project and are paid according to the average salary coefficient of those job levels.

Chapter II

DETERMINING THE ECONOMIC AND TECHNICAL QUANTITIES OF SOME FORESTRY MEASURES

Article 5. Procedures for implementing certain forest management measures

1. Reforestation: Clearing ground vegetation; preparing soil, digging holes; filling holes, applying base fertilizer; planting trees; caring for the forest, applying top-dressing; protecting the forest; constructing firebreaks according to the scale of concentrated planted forests, vegetation cover, and type of ground vegetation.

2. Encircling and promoting natural regeneration with supplementary planting: Clearing all climbing plants and diseased trees; pruning shoots; digging holes, filling holes, applying base fertilizer; supplementary planting; caring for the forest; protecting the forest.

3. Encircling and promoting natural regeneration:

a) Protecting and preventing the cutting of regenerating trees for current purposes; forest fire prevention and extinguishing;

b) Clearing climbing plants and shrubs; removing crooked, diseased, and non-purpose trees; trimming and pruning poor shoots.

4. Caring for natural forests: Clearing climbing plants, shrubs, and invasive weeds; thinning out crooked, diseased, suppressed, and topped trees; cleaning up and caring for the forest after thinning; protecting the forest.

5. Caring for planted forests: Clearing climbing plants, shrubs, and invasive weeds; thinning out crooked, diseased, suppressed, and topped trees; cleaning up and caring for the forest after thinning; pruning branches; applying fertilizer after thinning; protecting the forest.

6. Enrichment planting: Creating planting bands (cutting bands) for enrichment planting by band or treating ground vegetation for enrichment planting by patch; clearing climbing plants and shrubs; removing crooked, diseased trees without breaking the canopy layer of the retained band for enrichment planting by band; supplementary planting; caring for the forest; protecting the forest.

7. The subjects and contents of specific technical measures shall be implemented in accordance with Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018, issued by the Minister of Agriculture and Rural Development on forest management measures, and Circular No. 17/2022/TT-BNNPTNT dated October 27, 2022, issued by the Minister of Agriculture and Rural Development amending and supplementing some articles of Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018, on forest management measures.

Article 6. Economic and Technical Standards for Reforestation

1. Economic and technical standards for reforesting 1 hectare on hills and mountains:

a) Conditions for application: Coefficient 1.0 for land group 2; ground vegetation clearance group 2; travel distance 1-2 km; slope 20°-25°;

b) Applied technical measures: Comprehensive ground vegetation clearance; planting density 1,660 trees/hectare; hole size: 40×40×40 cm; applying fertilizer for the first three years 0.2 kg/tree (applied together with filling the hole; applied as top-dressing in the second year along with hoeing around the base); spreading termite repellent 0.01 kg/tree in the first year; caring for three years, twice a year: Weeding, hoeing around the base with a diameter of ≤ 0.8 m;

c) Essential materials, including: Seedlings 1,826 trees (first planting 1,660 trees, replanting 10% × 1,660 trees in the first year); NPK fertilizer 996 kg, termite repellent 16.6 kg. Among which, first year: Seedlings 1,826 trees, NPK fertilizer 332 kg, termite repellent 16.6 kg; second year: NPK fertilizer 332 kg; third year: NPK fertilizer 332 kg;

d) Other materials: 5% of the value of essential materials;

đ) Labor force:

Direct labor: Total 297 workdays. Among which, first year 129 workdays; second year 59 workdays; third year 58 workdays; from the fourth to the tenth year 51 workdays;

Indirect labor: 37 workdays. Among which, preparing design and budget documentation 7 workdays; managing, supervising, directing technical work, inspecting and accepting 30 workdays.

Detailed steps of work and standards are specified in Table 1, Part I of Appendix I attached to this Circular.

2. Economic and technical standards for reforesting 1 hectare of mangrove forest:

a) Conditions for application: Coefficient 1.0 for planting group 2; travel distance 0.5-1.0 km;

b) Applied technical measures: Planting density 4,400 trees/hectare; digging holes size 40×40×40 cm; installing support stakes 1 stake/tree. Caring for five years: Reinstalling stakes, removing floating debris covering the trees, straightening fallen and leaning trees, securing trees according to the design, cleaning up the site;

c) Essential materials, including: Seedlings 5,940 trees (replanting 15% in the first year, 10% in the second year, 10% in the third year), support stakes 4,400 pieces. Among which: First year: Seedlings 5,060 trees, support stakes 4,400 pieces; second year: Seedlings 440 trees; third year: Seedlings 440 trees;

d) Other materials: 5% of the value of essential materials;

đ) Labor force:

Direct labor: Total 328 workdays. Among which, first year: 160 workdays; second year 52 workdays; third year 37 workdays; fourth year 22 workdays; fifth year 22 workdays; from the sixth to the tenth year 35 workdays;

Indirect labor: 40 workdays, among which: Preparing design and budget documentation 7 workdays; managing, supervising, directing technical work, inspecting and accepting 33 workdays;

Detailed steps of work and standards are specified in Table 2, Part I of Appendix I attached to this Circular.

3. When changing the content of the provisions in Clause 1 and Clause 2 of this Article, apply the adjustment coefficient according to the table of coefficient K at Section A.I, Part II of Appendix I and the cells at Section B, Part II of Appendix I attached to this Circular to prepare designs and budgets.

Article 7. Economic and technical standards for forest regeneration promotion with supplementary planting of 01 hectare of forest

1. Application conditions: Coefficient 1.0 for group 2 shrub cover; group 2 land; movement distance 1-2 km; slope 20°-25°.

2. Technical measures applied: Treat shrub cover along 50% of the area; supplementary planting density 200 trees/ha; dig holes with dimensions 40x40x40 cm; fertilize for 3 years, applying 0.2 kg/tree each year; care for 6 years: Clearing and caring, loosening soil around the base with a diameter less than 0.8 m, pruning bad shoots (twice/year for the first three years; once/year for the subsequent three years).

3. Essential materials include: Seedlings 200 trees, NPK fertilizer 120 kg. Among which: First year: Seedlings 200 trees, NPK fertilizer 40 kg; second year: NPK fertilizer 40 kg; third year: NPK fertilizer 40 kg;

4. Other materials: 5% value compared to essential materials.

5. Labor force:

a) Direct labor force: Total 101 workdays. Among which, first year 37 workdays; second year 21 workdays; third year 21 workdays; from fourth to sixth year 22 workdays.

b) Indirect labor force: 23 workdays. Among which, preparing design estimate 7 workdays; management, supervision, technical guidance, acceptance 16 workdays.

c) Details of work steps and standards according to Table 3 Part I Appendix I issued together with this Circular.

6. When changing the contents prescribed in Clause 1, Clause 2, Clause 3 of this Article, apply adjustment coefficients according to the table of coefficient K at Section A.I Part II Appendix I and the cells of levels at Section B Part II Appendix I issued together with this Circular to prepare design and budget estimate.

Article 8. Economic and technical standards for forest nurturing, enrichment, and natural regeneration promotion

The economic and technical standards for forest nurturing, enrichment, and natural regeneration promotion apply the cells of levels according to Section B Part II Appendix I and adjustment coefficients according to the table of coefficient K at Section A.I Part II Appendix I issued together with this Circular to prepare design and budget estimate.

Chapter III

ECONOMIC AND TECHNICAL STANDARDS FOR FOREST PATROL AND PROTECTION

Article 9. Contents of forest patrol and protection

1. Preparation for patrol.

2. Organization of forest patrol and protection:

a) Inspect and detect illegal deforestation, logging, encroachment on forest land along patrol routes and points; prevent, request temporary cessation of violations, record audio and video at the scene, prepare reports, and promptly inform competent authorities for guidance and handling. Identify locations of deforestation, logging, and encroachment on forest land; accurately record discovered information truthfully according to reality, determine causes of deforestation, logging, and encroachment on forest land, loss of forest;

b) Inspect and detect, prevent hunting, capturing, trapping wild animals along patrol routes and points; record audio and video at the scene, prepare reports, and promptly inform competent authorities for guidance and handling; identify locations of hunting and capturing wild animals; accurately record discovered information truthfully according to reality.

3. Report results of forest patrol and protection.

Article 10. Economic and technical standards for patrolling and protecting 1 hectare of forest

1. Application conditions:

a) Movement distance coefficient (Ki): Ki = 1.0 when movement distance is under 20 km, Ki = 1.05 when movement distance is 20 km or more;

b) Forest type coefficient (Kj): Apply Kj = 1 for planted forests; Kj = 1.05 for natural forests.

2. Labor force: From 7.28 to 8.03 workdays/ha/year.

3. Material costs not exceeding 5% of the labor cost as stipulated in Clause 2 of this Article.

4. Details of work steps and standards for patrolling and protecting forests according to regulations set out in Appendix II issued together with this Circular.

Chapter IV

IMPLEMENTING PROVISIONS

Article 11. Implementation Organization

1. The Forestry Department is responsible for organizing guidance, dissemination, publicity, and implementation of economic and technical standards for forestry measures prescribed in this Circular.

2. The Forest Protection Department is responsible for organizing guidance, dissemination, publicity, and implementation of economic and technical standards for forest patrol and protection prescribed in this Circular.

3. Provincial People's Committees direct and organize the implementation of this Circular within their jurisdiction.

4. Departments of Agriculture and Rural Development organize guidance, dissemination, publicity, and implementation of economic and technical standards prescribed in this Circular.

Article 12. Transitional Provisions

1. Programs and projects applying economic and technical standards for implementing certain forestry measures and forest patrol and protection approved before the effective date of this Circular shall continue until the completion and acceptance of the programs and projects.

2. Programs and projects approved but with budgets lower than the economic and technical standards prescribed in this Circular shall be adjusted and supplemented upon approval by competent authorities.

Article 13. Effective Date

1. This Circular takes effect from February 1, 2024.

2. Parts I, III, IV, and V of the Appendix issued together with Decision No. 38/2005/QĐ-BNN dated July 6, 2005 of the Minister of Agriculture and Rural Development on the issuance of economic and technical standards for forest planting, regeneration promotion, and forest protection shall cease to be effective from the date this Circular takes effect.

3. In cases where legal normative documents cited for application in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replacement documents.

4. During the implementation of this Circular, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Agriculture and Rural Development for consideration and resolution./.