Circular No. 22/2021/TT-BNNPTNT stipulates the list of major forestry crop species; recognition of varieties and sources of forestry crop seeds.

CIRCULAR

Specifies the list of major forest plantation species;

recognizes varieties and sources of forest plantation species.

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Pursuant to Decree No. 15/2017/NĐ-CP dated 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;

Pursuant to Decree No. 27/2021/NĐ-CP dated March 25, 2021 of the Government on management of forest plantation varieties;

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

The Minister of Agriculture and Rural Development issues this Circular specifying the list of major forest plantation species; procedures and formalities for recognizing varieties and sources of forest plantation species.

 

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the list of major forest plantation species; procedures and formalities for recognizing varieties and sources of forest plantation species.

Article 2. Applicability

This Circular applies to organizations and individuals involved in activities related to the provisions set forth in Article 1 of this Circular.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Forest plantation trees are tree species and non-timber forest products planted in special-use forests, protective forests, production forests, and scattered plantations.

2. Source of forest plantation species is a place providing propagation materials including: Selected forest stands, converted seedling forests, planted seedling forests, nurseries, superior trees, parent trees, and parent tree nurseries.

3. Selected forest stand is a natural or planted forest that has been selected without applying silvicultural techniques and recognized to provide propagation materials.

4. Converted seedling forest is a natural or planted forest that has been selected and subjected to silvicultural techniques as prescribed and recognized to provide propagation materials.

5. Planted seedling forest is a forest planted from seeds collected from superior trees, recognized to provide propagation materials.

6. Nursery is a forest planted according to a specific plan from vegetative clones (clonal nursery) or seeds (seed nursery) of selected superior trees, recognized to provide propagation materials.

7. Superior tree is a tree selected from natural forests, planted forests, converted seedling forests, planted seedling forests, nurseries, scattered plantations, recognized to provide propagation materials.

8. Parent tree is a tree evaluated and recognized from a population of a forest plantation variety to provide vegetative propagation materials.

9. Parent tree nursery is a nursery planted with clones from parent trees or vegetatively propagated from original varieties, recognized to provide propagation materials for vegetative breeding.

10. Trial planting is the activity of planting, monitoring, and evaluating the yield, quality, pest resistance, or other adverse conditions of trial planting varieties.

11. Fast-growing tree species is a tree species with an average diameter growth rate of at least 2 cm/year or an average yield of at least 15 m3/ha/year over one business cycle.

12. Slow-growing tree species is a tree species with an average diameter growth rate below 2 cm/year or an average yield below 15 m3/ha/year over one business cycle.³/ha/year.

13. Forest ecological zone is a region characterized by climate (rainfall, temperature), topography, soil, and distinctive forest vegetation; divided into eight ecological zones detailed in Appendix I attached to this Circular.

Chapter II
MAJOR FOREST PLANTATION SPECIES; RECOGNITION AND REVOCATION OF RECOGNITION OF VARIETIES AND SOURCES OF FOREST PLANTATION SPECIES

Section 1
MAJOR FOREST PLANTATION SPECIES

Article 4. Criteria for major forest plantation species

1. Having recognized varieties or sources, meeting the needs and purposes of afforestation.

2. Having an area of planted forests of 500 hectares or more in at least two forest ecological zones.

Article 5. List of main forestry crop species

1. The list of main forestry crop species is issued in Appendix II attached to this Circular.

2. The list of main forestry crop species may be supplemented or removed in the following cases:

a) Supplementing the list when a new species meets the provisions of Clause 4, Article 3 of Decree No. 27/2021/ND-CP dated March 25, 2021 of the Government on management of forestry crop seeds (hereinafter referred to as Decree No. 27/2021/ND-CP) and satisfies all criteria stipulated in Article 4 of this Circular;

b) Removing from the list a species that no longer meets the provisions of Clause 4, Article 3 of Decree No. 27/2021/ND-CP and one of the criteria stipulated in Article 4 of this Circular.

3. The Forestry General Department shall review and submit to the Ministry of Agriculture and Rural Development for consideration the supplementation or removal of the list of main forestry crop species as prescribed in Clause 2 of this Article.

Section 2
RECOGNITION AND CANCELLATION OF FORESTRY CROP SEEDS RECOGNITION

Article 6. Criteria for recognizing forestry crop seeds

The criteria for recognizing forestry crop seeds include:

1. Seeds that have been tested according to the provisions of Article 13 of Decree No. 27/2021/ND-CP or have been trial planted according to the provisions of Article 7 of this Circular.

2. Test results or trial planting results must meet the requirements of the national standard for recognized forestry crop seeds, with productivity and quality equivalent or higher than those of recognized seeds of the same or related species grown in the same forestry ecological region.

Article 7. Trial planting of forestry crop seeds

1. Object of trial planting: Local indigenous unique forestry crop seeds; recognized forestry crop seeds trial planted in different forestry ecological regions; imported forestry crop seeds for the first time with high productivity and quality in the exporting country, with clear origin and suitable for the trial planting ecological conditions.

2. Minimum trial planting area is two hectares, maximum ten hectares.

3. Trial planting methods shall be carried out according to the national standard for trial planting. In case there is no national standard, the enterprise standard shall be applied.

4. Time for evaluating trial planting results: Thirty-six months for fast-growing species; seventy-two months for slow-growing species; two consecutive harvests for non-timber forest products meeting the breeding objectives.

Article 8. Procedures and formalities for recognizing forestry crop seeds

1. Competence: The Forestry General Department recognizes forestry crop seeds.

2. Documents for requesting recognition of forestry crop seeds by organizations and individuals include:

a) Request for recognition of forestry crop seeds according to Model No. 01 in Appendix III issued together with this Circular (original);

b) Report on test results or trial planting results of forestry crop seeds according to Model No. 02 in Appendix III issued together with this Circular (original);

c) Documentation and materials for imported forestry crop seeds including information on productivity, quality, and ecological conditions where the forestry crop seeds were taken from in the exporting country (copy).

3. Method of submitting documents: Organizations and individuals can submit directly, send through postal service, send through public postal service, or submit online.

4. Procedure for implementation:

a) Organizations and individuals requesting recognition of forestry crop seeds shall submit one set of documents as prescribed in Clause 2 of this Article to the Forestry General Department. If the documents are not valid, within three working days from the date of receipt of the documents, the Forestry General Department shall guide the organizations and individuals to complete the documents either directly or in writing, and specify the reasons;

b) Within fifteen working days from the date of receipt of valid documents, the Forestry General Department shall establish an Appraisal Board, conduct an appraisal of the documents, carry out field inspections, prepare an appraisal record, and submit an appraisal report. The inspection content and method shall comply with the national standard for recognized forestry crop seeds. The operation regulations of the Appraisal Board shall be promulgated by the Forestry General Department;

c) Within three working days from the date of receipt of the appraisal record and report, the Director of the Forestry General Department shall decide on the recognition of forestry crop seeds according to Model No. 03 in Appendix III and Section A in Appendix IV issued together with this Circular; deliver the result to the organization or individual and announce it on the Forestry General Department's electronic portal; if the seeds are not recognized, notify in writing and specify the reasons.

Article 9. Revocation of Recognition of Forestry Plant Varieties

1. The recognition decision of forestry plant varieties shall be revoked in the following cases:

a) The forestry plant variety has degenerated, decreased in yield or quality, or been severely affected by pests or diseases compared to the national standard for recognized forestry plant varieties;

b) There is no propagation material for the forestry plant variety.

2. Within twenty working days from the date of discovery or receipt of information reflecting the status of forestry plant varieties under any of the circumstances specified in Clause 1 of this Article, the General Department of Forestry shall organize inspections, verifications, and decide to revoke the recognition of forestry plant varieties according to Model No. 03 Appendix III and Section A Appendix IV issued together with this Circular, and announce on the General Department of Forestry's website; if the recognition of the forestry plant variety is not revoked, notify the organization or individual in writing.

Section 3
RECOGNITION AND REVOCATION OF RECOGNITION OF FORESTRY PLANT GENETIC RESOURCES

Article 10. Criteria for Recognizing Forestry Plant Genetic Resources

1. Forestry plant genetic resources shall be recognized when they meet the requirements of the national standard for recognized forestry plant genetic resources. In cases where there is no national standard, the basic standard shall be applied.

2. Recognized forestry plant genetic resources include: Selected forest compartments; converted seedling forests; planted seedling forests; nurseries; mother tree gardens; superior trees providing planting materials for seedlings to serve afforestation; mother trees providing cuttings, grafting branches, and grafting buds.

Non-recognition of superior trees for building seedling forests and nurseries; superior trees and mother trees for rejuvenating varieties.

Article 11. Procedures and Formalities for Recognizing Forestry Plant Genetic Resources

1. Competent Authority: The Forest Protection Service or the Forestry Service at the local level recognizes forestry plant genetic resources. In cases where the locality does not have a Forest Protection Service or a Forestry Service, the authority to recognize forestry plant genetic resources shall be decided by the Department of Agriculture and Rural Development (hereinafter referred to as the Local Competent Authority).

2. Documents for requesting recognition of forestry plant genetic resources by organizations and individuals include:

a) A request for recognition of forestry plant genetic resources according to Model No. 04 Appendix III issued together with this Circular (original copy);

b) A technical report on forestry plant genetic resources according to Model No. 05 Appendix III issued together with this Circular (original copy).

3. Method of submitting documents: Organizations and individuals can submit directly, send through postal service, send through public postal service, or submit online.

4. Procedure for implementation:

a) Organizations and individuals requesting recognition of forestry plant genetic resources shall submit one set of documents as stipulated in Clause 2 of this Article to the Local Competent Authority. In cases where the documents are not valid, within three working days from the date of receiving the documents, the Local Competent Authority shall directly guide or provide written guidance to organizations and individuals to complete the documents and clearly state the reasons;

b) Within fifteen working days from the date of receiving valid documents, the Local Competent Authority shall establish an Appraisal Board, conduct an appraisal of the documents, carry out field inspections, prepare an appraisal record, and issue an appraisal report. The content and method of inspection shall follow the national standard for recognized forestry plant genetic resources. The operational regulations of the Appraisal Board shall be promulgated by the Local Competent Authority;

c) Within three working days from the date of receiving the appraisal record and the appraisal report, the Director of the Local Competent Authority shall decide to recognize forestry plant genetic resources according to Model No. 06 Appendix III and Section B Appendix IV issued together with this Circular; deliver the result to the organization or individual and announce on the Forest Protection Service or Forestry Service and Department of Agriculture and Rural Development's electronic portal; if the recognition of the forestry plant genetic resource is not granted, notify in writing and clearly state the reasons.

5. Duration of the Decision on Recognition of Forestry Plant Genetic Resources:

a) Nurseries for 15 years;

b) Planted seedling forests for 7 years;

c) Converted seedling forests and selected forest compartments for 5 years;

d) Mother tree gardens providing cuttings of fast-growing species for 3 years;

e) Superior trees for 10 years;

f) Mother trees, mother tree gardens of slow-growing timber species and non-timber forest products for providing cuttings, grafting branches, and grafting buds for 10 years.

6. Forestry plant genetic resources wishing to continue their use must be re-evaluated and recognized again. The procedures, formalities, and duration of the decision on recognizing forestry plant genetic resources again shall be implemented according to the provisions of Clauses 1, 2, 3, 4, and 5 of this Article. Re-recognition shall not be carried out for mother tree gardens providing cuttings of fast-growing species.

Article 12. Revocation of Recognition of Forestry Planting Seed Sources

1. The recognition decision of forestry planting seed sources shall be revoked in the following cases:

a) The forestry planting seed source is currently within its usage period and has degenerated, decreased in yield and quality, failing to meet the requirements of the recognized forestry planting seed source standards;

b) The forestry planting seed source no longer exists, having been destroyed by natural disasters or epidemics; the forestry planting seed source of a recognized forestry planting variety that has been revoked.

2. Within twenty working days from the date of discovery or receipt of information reflecting the status of a forestry planting seed source falling under any of the cases stipulated in Clause 1 of this Article, the local competent authority shall organize inspections, verifications, and decide to revoke the recognition of the forestry planting seed source according to Model No. 06 in Appendix III and Section B in Appendix IV issued together with this Circular; publish on the website of the Forest Protection Service or the Forestry Service and Department of Agriculture and Rural Development; if the recognition of the forestry planting seed source is not revoked, notify in writing the organization or individual.

Chapter III
IMPLEMENTATION

Article 13. Responsibilities for Implementation

1. The General Department of Forestry:

a) Regularly review, compile, update, and announce the list of recognized or revoked forestry planting varieties and seed sources on the website of the General Department;

b) Inspect and audit the management activities of forestry planting variety production and business operations in accordance with the provisions of the law;

c) Resolve complaints, denunciations, and handle violations related to the management of forestry planting variety production and business operations nationwide within their jurisdiction.

2. Departments of Agriculture and Rural Development of provinces and centrally-administered cities:

a) Guide the management, exploitation, and effective use of recognized forestry planting varieties and seed sources;

b) Direct and guide the implementation of forestry planting variety standards;

c) Regularly review, compile, update, and publicly announce the list of recognized or revoked forestry planting seed sources on the website of the Department of Agriculture and Rural Development; immediately inform the Forestry General Department about the recognition or revocation of forestry planting seed sources upon issuance of the decision;

d) Inspect, audit, resolve complaints, denunciations, and handle violations related to the management of forestry planting variety production and business operations at the local level in accordance with the provisions of the law;

e) Before December 31 each year, report to the Forestry General Department on the situation of forestry planting variety production, business, and use in the locality (including plantation areas by species);

3. Responsibilities of organizations and individuals:

a) Strictly comply with legal regulations on forestry planting varieties during production and business operations, ensuring the quality of forestry planting varieties as prescribed;

b) Adhere to inspection, audit, and violation handling by state authorities in accordance with the provisions of the law.

Article 14. Transitional Provisions

1. For forestry planting seed sources recognized by the competent authority before the effectiveness of this Circular, they may continue to be used until the end of their usage period as decided.

2. In cases where applications for recognition of forestry planting varieties and seed sources were submitted before the effectiveness of this Circular but have not yet been recognized, they shall be implemented in accordance with this Circular.

Article 15. Effective Date

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

2. This Circular replaces Circular No. 30/2018/TT-BNNPTNT dated November 16, 2018, issued by the Minister of Agriculture and Rural Development regarding the List of Major Forestry Planting Species; Recognition of Varieties and Seed Sources; Management of Major Forestry Planting Material.

3. In cases where the referenced documents or national standards in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replaced documents or standards.

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