Circular No. 22/2024/TT-BNNPTNT stipulates certain contents regarding forestry in implementing the Sustainable Forestry Development Program and the National Target Program on Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period of 2021-2030, Phase I: from 2021 to 2025.

CIRCULAR

Regulations on certain contents regarding forestry for implementing the Sustainable Forestry Development Program and the National Target Program for Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period 2021-2030

Phase I: from 2021 to 2025

Based on Decree No. 156/2018/NĐ-CP dated November 16, 2018 of the Government detailing the implementation of certain provisions of the Forest Law; Decree No. 91/2024/NĐ-CP dated July 18, 2024 of the Government amending and supplementing certain articles of Decree No. 156/2018/NĐ-CP dated November 16, 2018 of the Government;

Based on Decree No. 27/2022/NĐ-CP dated April 19, 2022 of the Government stipulating management mechanisms and organization of implementation of national target programs; Decree No. 38/2023/NĐ-CP dated June 24, 2023 of the Government amending and supplementing certain articles of Decree No. 27/2022/NĐ-CP dated April 19, 2022 of the Government;

Pursuant to Decree No. 105/2022/NĐ-CP dated December 22, 2022 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;

Based on Decree No. 58/2024/NĐ-CP dated May 24, 2024 of the Government on certain investment policies in forestry;

Based on Decision No. 39/2021/QĐ-TTg dated December 30, 2021 of the Prime Minister stipulating principles, criteria, and allocation quotas of central budget funds and the matching ratio of local budget funds for implementing the National Target Program for Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025; Decision No. 18/2023/QĐ-TTg dated July 1, 2023 of the Prime Minister amending, supplementing, and abolishing certain articles of Decision No. 39/2021/QĐ-TTg;

Implementing Decision No. 1719/QĐ-TTg dated October 14, 2021 of the Prime Minister approving the National Target Program for Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025; Decision No. 809/QĐ-TTg dated July 12, 2022 of the Prime Minister approving the Sustainable Forestry Development Program for the period 2021-2025;

At the proposal of the Director of the Forest Management Department;

The Minister of Agriculture and Rural Development issues this Circular

on certain contents regarding forestry

for implementing the Sustainable Forestry Development Program and the National Target Program for Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025. stipulating 1. Establish and implement annual plans for the Sustainable Forestry Development Program for the period 2021-2025 as approved by Decision No. 809/QĐ-TTg dated July 12, 2022 of the Prime Minister (hereinafter referred to as Program 809) and Sub-project 1 - Sustainable Economic and Forestry Development Linked with Forest Protection and Increased Income for People, under Project 3 - Sustainable Agricultural and Forestry Production Development, Leveraging Regional Strengths to Produce Commodities in Value Chains, under the National Target Program for Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I from 2021 to 2025 as approved by Decision No. 1719/QĐ-TTg dated October 14, 2021 of the Prime Minister (hereinafter referred to as Sub-project 1). 2. Forestry activities using state budget funds to implement Program 809 and Sub-project 1.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on:

3. Inspection, supervision, evaluation, reporting systems, and organization of implementation of Program 809 and Sub-project 1.

1. State agencies, organizations, households, individuals, and community residents related to the implementation of Program 809.

2. Households of Han ethnicity classified as poor households, households of ethnic minorities, communities in communes in areas II and III within the region of ethnic minorities and mountainous areas; organizations and individuals related to the implementation of Sub-project 1.

Article 2. Applicability

This Circular applies to:

1. State agencies, organizations, households, individuals, and community residents related to the implementation of Program 809.

2. Households of the Kinh ethnic group classified as poor households, households of ethnic minority groups, communities in communes in areas II and III within the ethnic minority and mountainous regions; organizations and individuals related to the implementation of Sub-project 1.

Article 3. Principles for Management and Implementation of Program 809, Sub-project 1

1. The management and execution of Program 809, Sub-project 1 must comply with the provisions of laws on state budget, public investment, and related laws. The establishment, implementation, and settlement of the state budget for Program 809, Sub-project 1 shall be carried out in accordance with the State Budget Law and relevant regulatory legal documents. The management, payment, and settlement of public investment capital shall be conducted in accordance with Decree No. 99/2021/ND-CP dated November 11, 2021 of the Government on the management, payment, and settlement of projects using public investment capital, and Circular No. 96/2021/TT-BTC dated November 11, 2021 of the Minister of Finance on the system of forms used in settlement work.

2. The activities of Program 809, Sub-project 1 shall be implemented within the scope and target groups, ensuring no overlap with activities and funds from the state budget allocated to other national target programs, programs, projects.

a) The implementation of forest protection contracts must ensure the correct target groups and scope of Program 809, Sub-project 1 according to the support standards for the corresponding areas; priority shall be given to forest protection contracts for areas adjacent to residential zones and areas at high risk of forest resource damage.

b) For activities supporting livelihood development, improving the living conditions of people in buffer zones around special-use forests, setting aside areas for natural regeneration, issuing sustainable forest management certificates, scattered tree planting, and other specialized activities funded under Program 809, funding shall be provided without distinction between regions.

3. The level of investment and support for forest protection and development shall be implemented in accordance with Decree No. 58/2024/NĐ-CP dated May 24, 2024 of the Government on certain investment policies in forestry (hereinafter referred to as Decree No. 58/2024/NĐ-CP). In cases where specific levels of investment and support need to be defined, the People's Committee of the province shall develop and submit to the People's Council of the province for decision in accordance with Clause 3, Article 27 of Decree No. 58/2024/NĐ-CP.

4. Mobilize and allocate resources effectively to implement Program 809, Sub-project 1. When using funds from payments for forest environmental services for forest protection and forest protection contracts, they shall be implemented in accordance with Clause 2, Article 27 of Decree No. 58/2024/NĐ-CP; the amount of funds paid for forest protection per hectare from various sources shall not exceed the economic-technical standard set forth in Circular No. 21/2023/TT-BNNPTNT dated December 15, 2023 of the Minister of Agriculture and Rural Development on certain economic-technical standards in forestry and labor rates in the province, consistent with local socio-economic conditions.

5. Ensure transparency, effectiveness, and coordinated measures in management, integration in the implementation of Program 809, Sub-project 1 with national target programs, strategies, programs, projects, plans for socio-economic development of the locality.

Chapter II

ESTABLISHMENT AND IMPLEMENTATION OF ANNUAL PLANS

Article 4. Basis for planning

1. Decree No. 156/2018/ND-CP dated November 16, 2018 of the Government detailing implementation of certain provisions of the Forestry Law; Decree No. 91/2024/ND-CP dated July 18, 2024 of the Government amending and supplementing certain articles of Decree No. 156/2018/ND-CP dated November 16, 2018 of the Government.

2. Decree No. 27/2022/ND-CP dated April 19, 2022 of the Government stipulating management mechanisms and organization of implementation of national target programs (hereinafter referred to as Decree No. 27/2022/ND-CP); Decree No. 38/2023/ND-CP dated June 24, 2023 of the Government amending and supplementing certain articles of Decree No. 27/2022/ND-CP dated April 19, 2022 of the Government (hereinafter referred to as Decree No. 38/2023/ND-CP).

3. Decree No. 58/2024/ND-CP dated May 24, 2024 of the Government on certain investment policies in forestry.

4. Decision No. 39/2021/QD-TTg dated November 30, 2021 of the Prime Minister stipulating principles, criteria, allocation standards of central budget funds and the proportion of local budget counterpart funds for implementing the National Target Program on Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025; Decision No. 18/2023/QD-TTg dated July 1, 2023 of the Prime Minister amending, supplementing, and abolishing certain articles of Decision No. 39/2021/QD-TTg.

5. Decision No. 1719/QD-TTg dated October 14, 2021 of the Prime Minister approving the National Target Program on Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025 (hereinafter referred to as Decision No. 1719/QD-TTg).

6. Decision No. 809/QD-TTg dated July 12, 2022 of the Prime Minister approving the Sustainable Forestry Development Program for the period 2021-2025.

7. Decision No. 861/QD-TTg dated June 4, 2021 of the Prime Minister approving the list of communes in Region III, Region II, and Region I within the Ethnic Minority and Mountainous Areas for the period 2021-2025 (hereinafter referred to as Decision No. 861/QD-TTg); Decision No. 698/QD-TTg dated July 19, 2024 of the Prime Minister approving the adjustment, supplementation, and amendment of the list of communes in Region III, II, and I within the Ethnic Minority and Mountainous Areas for the period 2021-2025 (hereinafter referred to as Decision No. 698/QD-TTg).

8. Directive of the Prime Minister on building socio-economic development plans and annual state budget estimates; guidance of the Ministry of Planning and Investment, the Ministry of Finance; guidance on building plans to implement sectoral development targets of the Ministry of Agriculture and Rural Development; guidance on setting goals, tasks, contents, and activities to implement national target programs of the Committee for Ethnic Minorities (Program Director).

9. Results of implementing Program 809 and Sub-project 1 in the previous year.

10. Current relevant regulations, guidelines, mechanisms, and policies of the State; technical standards, economic-technical norms, and consumption standards according to current regulations.

Article 5. Content of the Plan

1. The annual plan content includes:

a) Evaluation of the implementation of Program 809, Sub-project 1 in the previous year for the plan year (including results of target achievement and tasks; situation of mobilization, allocation and management of state budget funds and other resources);

b) Context and forecast of favorable conditions, difficulties, and challenges for forest protection and development work at ministries, sectors, and localities during the planning period;

c) Specific objectives and tasks to implement Program 809, Sub-project 1 during the planning period;

d) Content, activities, planned capital allocation, and source structure according to the activities implementing Program 809, Sub-project 1;

đ) Solutions and organization of plan implementation;

e) Monitoring and evaluation of plan implementation.

2. The implementation plan for Program 809 and Sub-project 1 is developed in accordance with the guidelines set out in Appendix I issued together with this Circular.

Article 6. Procedures for Establishing and Implementing the Plan for Implementing Program 809 and Sub-project 1

1. The annual plan for implementing Program 809 and Sub-project 1 by ministries, sectors, and localities is established concurrently with the economic and social development plan, the implementation plan for national target programs, the public investment plan, and the annual state budget estimate.

a) For Program 809: The specialized agency assigned the task by the ministry or sector consolidates and builds the plan for implementing Program 809 within its jurisdiction; the People's Committee of the district consolidates and builds the plan for implementing Program 809 of organizations, project sponsors, households, and individuals under their jurisdiction; organizations and project sponsors under the provincial People's Committee or departments consolidate and build the plan for implementing Program 809 of their units;

b) For Sub-project 1: The People's Committee of the district consolidates and builds the plan for implementing Sub-project 1 of organizations, project sponsors, households, and individuals under their jurisdiction; organizations and project sponsors under the provincial People's Committee or departments consolidate and build the plan for implementing Sub-project 1 of their units.

3. Before July 15 each year, the specialized agencies and units assigned consolidate the plan for implementing Program 809 and Sub-project 1 for the following year of ministries, sectors, and localities, specifically:

a) For Program 809: The specialized agency assigned the task by the ministry or sector consolidates the plan for implementing Program 809 for the following year of the ministry or sector, sends it to the Ministry of Agriculture and Rural Development (Program Leader), the Ministry of Planning and Investment, and the Ministry of Finance for comments; the provincial-level specialized agency consolidates the plan for implementing Program 809 for the following year of the locality, submits it to the Provincial Steering Committee on Program 809 for review and approval before sending it to the Ministry of Agriculture and Rural Development (Program Leader), the Ministry of Planning and Investment, and the Ministry of Finance;

b) For Sub-project 1: The assigned agency or unit consolidates the plan for implementing Sub-project 1 for the following year of their locality, sends it to the Department of Agriculture and Rural Development for consolidation and submission to the Provincial People's Committee (the managing agency of the national target program at the locality level), and simultaneously sends it to the Ministry of Agriculture and Rural Development (Sub-project Leader).

4. Before July 31 each year, ministries, sectors, and localities consolidate the plan for implementing Program 809 and Sub-project 1 for the following year, specifically:

a) For Program 809: Send it to the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, and the Ministry of Finance for consolidation;

b) For Sub-project 1: Send it to the Ministry of Agriculture and Rural Development for consolidation of the plan and funding requirements for Sub-project 1, send it to the National Ethnic Minorities Commission for consolidation.

5. Before August 15 each year, the Office of the Central Steering Committee implementing Program 809, the specialized agency assigned, consolidates and submits the plan and the budget allocation scheme for implementing Program 809 for the following year to the Ministry of Agriculture and Rural Development, sends it to the Ministry of Planning and Investment and the Ministry of Finance.

6. Before December 31 each year, ministries, sectors, and localities implementing Program 809 assign targets, tasks, and detailed annual state budget estimates to subordinate agencies and units according to the content and items of Program 809 implementation. For Sub-project 1, the plan assignment and implementation follow the provisions of Decree No. 27/2022/NĐ-CP, Decree No. 38/2023/NĐ-CP, and related guiding documents for Decision No. 1719/QĐ-TTg.

Chapter III

FOREST ACTIVITIES USING STATE BUDGET FUNDS FOR THE SUSTAINABLE FORESTRY DEVELOPMENT PROGRAM

FOREST ACTIVITIES USING STATE BUDGET FUNDS FOR THE SUSTAINABLE FORESTRY DEVELOPMENT PROGRAM

Article 7. Activities using public funds

1. Protection of special-use forests.

2. Support for livelihood development and improvement of living conditions for people in buffer zones of special-use forests.

3. Protection of protective forests.

4. Support for protection of natural production forests during closure periods.

5. Encirclement and nurturing to promote natural regeneration, encirclement and nurturing to promote natural regeneration with supplementary planting.

6. Support for developing sustainable forest management plans and issuing sustainable forest management certificates.

7. Support for scattered tree planting.

8. Contracted forest protection.

9. Regular activities of the Steering Committee and the Steering Committee Office of Program 809.

10. Other specialized activities.

Article 8. Protection of special-use forests

1. Objectives of forests:

a) The area of special-use forests assigned to the Special-Use Forest Management Board for management;

b) The area of special-use forests assigned to the Protective Forest Management Board, economic organizations for management in areas outside Zone II and Zone III villages according to Decision No. 861/QĐ-TTg, Decision No. 698/QĐ-TTg;

c) The area of special-use forests assigned to communities and other entities according to Clause 3, Clause 4, Article 8 of the Forestry Law.

2. Level of funding, costs for preparing documentation, management and inspection funding, acceptance of special-use forest protection: Implemented according to Clause 2, Article 5 of Decree No. 58/2024/NĐ-CP.

3. Content of expenditure, procedures for implementation: Implemented according to Clause 3, Clause 4, Article 5 of Decree No. 58/2024/NĐ-CP.

Article 9. Support for livelihood development and improvement of living conditions for people in buffer zones of special-use forests

1. Target group: Communities residing in buffer zones of special-use forests.

2. Level of support: Implemented according to Clause 1, Article 8 of Decree No. 58/2024/NĐ-CP.

3. Content of support, conditions for receiving support, procedures for providing support: Implemented according to Clauses 2, 3, and 4, Article 8 of Decree No. 58/2024/NĐ-CP.

Article 10. Protection of protective forests

1. Objectives of forests:

a) The area of protective forests assigned to the Protective Forest Management Board, Special-Use Forest Management Board, State-owned enterprises, households, individuals, and communities in areas outside Zone II and Zone III villages according to Decision No. 861/QĐ-TTg, Decision No. 698/QĐ-TTg;

b) The area of protective forests managed by People's Committees at the commune level that have not yet been assigned or leased out, and other entities according to Clause 3, Clause 4, Article 8 of the Forestry Law.

2. Level of funding, costs for preparing documentation, management and inspection funding, acceptance of protective forest protection: Implemented according to Clause 2, Article 9 of Decree No. 58/2024/NĐ-CP.

3. Content of expenditure, procedures for implementation: Implemented according to Clause 3, Clause 4, Article 9 of Decree No. 58/2024/NĐ-CP.

Article 11. Support for protection of natural production forests during closure periods

1. Objectives of forests:

a) The area of natural production forests assigned to the Special-Use Forest Management Board, Protective Forest Management Board, households, individuals, and communities in areas outside Zone II and Zone III villages according to Decision No. 861/QĐ-TTg, Decision No. 698/QĐ-TTg;

b) The area of natural production forests previously allocated to State-owned enterprises before January 1, 2019, managed by People's Committees at the commune level that have not yet been assigned or leased out, and other entities according to Clause 2, Clause 3, Article 8 of the Forestry Law.

2. Level of funding, costs for preparing documentation, management and inspection funding, acceptance of natural production forest protection: Implemented according to Clause 2, Article 12 of Decree No. 58/2024/NĐ-CP.

3. Content of expenditure, procedures for implementation: Implemented according to Clause 3, Clause 4, Article 12 of Decree No. 58/2024/NĐ-CP.

Article 12. Enclosure for natural regeneration promotion, enclosure for natural regeneration promotion with supplementary planting

1. Object: Implemented according to the provisions of Clause 1, Article 6, Clause 1, Article 10, and Clause 1, Article 13 of Decree No. 58/2024/NĐ-CP, except for the object at Clause 1, Article 21 of this Circular.

2. Area of enclosures for promoting natural regeneration of forests supported:

a) The area of land planned for developing special-use forests and protective forests that fall under the objects of enclosure for natural regeneration promotion and enclosure for natural regeneration promotion with supplementary planting meeting the criteria set out in Clause 1, Article 4, and Clause 1, Article 5 of Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018 issued by the Minister of Agriculture and Rural Development on forest management measures (hereinafter referred to as Circular No. 29/2018/TT-BNNPTNT), which has been amended and supplemented in Clause 5 and Clause 7, Article 1 of Circular No. 17/2022/TT-BNNPTNT dated October 27, 2022 issued by the Minister of Agriculture and Rural Development (hereinafter referred to as Circular No. 17/2022/TT-BNNPTNT);

b) The area of land planned for developing production forests that fall under the objects of enclosure for natural regeneration promotion with supplementary planting meeting the criteria set out in Clause 1, Article 5 of Circular No. 29/2018/TT-BNNPTNT, which has been amended and supplemented in Clause 7, Article 1 of Circular No. 17/2022/TT-BNNPTNT.

3. Level of funding, costs for preparing documents, management and inspection funding, acceptance funding for enclosure for natural regeneration promotion, enclosure for natural regeneration promotion with supplementary planting: Implemented according to the provisions of Clause 2, Article 6, Clause 2, Article 10, and Clause 2, Article 13 of Decree No. 58/2024/NĐ-CP.

4. Method: Implemented according to the design and budget approved by the competent authority under Decree No. 58/2024/NĐ-CP; accepted results according to the provisions of Circular No. 15/2019/TT-BNNPTNT dated October 30, 2019 issued by the Minister of Agriculture and Rural Development guiding certain contents of forest management projects (hereinafter referred to as Circular No. 15/2019/TT-BNNPTNT).

Article 13. Support for building sustainable forest management plans and issuing sustainable forest management certificates

1. Object: Forest owners having planted production forests, excluding forest owners who are foreign-invested enterprises.

2. Level of support, form of support, conditions for receiving support, procedures for support: Implemented according to the provisions of Clauses 2, 3, and 4 of Article 16 of Decree No. 58/2024/NĐ-CP.

Article 14. Support for scattered tree planting

1. Object: Organizations, households, individuals, and community residents participating in scattered tree planting.

2. Level of support, form of support, conditions for support, procedures for support: Implemented according to the provisions of Clauses 2, 3, 4, and 5 of Article 23 of Decree No. 58/2024/NĐ-CP.

Article 15. Forest protection contracting

1. Forest area: The area of forest transferred by the State to the Specialized Forest Management Board, Protective Forest Management Board; the area of protective forest transferred by the State to state-owned enterprises for management; the area of naturally grown production forest transferred by the State to state-owned enterprises for management before January 1, 2019.

2. Contracting party and recipient of forest protection contracting:

a) Contracting party: Specialized Forest Management Board, Protective Forest Management Board, State-owned enterprise.

b) Recipient of contracting: Households, individuals residing legally in the locality (commune, ward, town) according to the Law on Residence 2020; community residents according to the Forestry Law 2017 where the contracting object is located.

3. Criteria for determining the contracting party and recipient of contracting: Implemented according to the provisions of Article 4 of Decree No. 168/2016/NĐ-CP dated December 27, 2016 issued by the Government on forest contracting, orchard areas, and water surface areas in specialized forest management boards, protective forests, and state-owned forestry limited companies (hereinafter referred to as Decree No. 168/2016/NĐ-CP).

4. Level of funding and limit of forest protection contracting:

a) Level of funding, costs for preparing documents, management and inspection funding, acceptance funding for forest protection contracting: Implemented according to the provisions of Clause 3, Article 19 of Decree No. 58/2024/NĐ-CP.

b) Limit of contracted forest area: Implemented according to the provisions of Clause 2, Article 6 of Decree No. 168/2016/NĐ-CP.

5. Source of funding for forest protection contracting is used from the State's funding allocated to the forest owner as the contracting party specified in Clause 2, Article 8, Clause 2, Article 10, and Clause 2, Article 11 of this Circular and other lawful sources of funding.

6. Method of forest protection contracting: Implemented according to the provisions of Clause 5, Article 19 of Decree No. 58/2024/NĐ-CP.

Article 16. Regular activities of the Steering Committee and the Office of the Steering Committee for Program 809

1. Activities of the central Steering Committee and the provincial Steering Committee include: Organizing inspections on the implementation of Program 809; conducting surprise inspections in key areas concerning illegal logging, forest fire prevention and firefighting, and illegal trade in forest products; other tasks according to the Working Regulations of the Steering Committee.

2. Activities of the central Steering Committee's Office and the provincial Program's permanent office: Carried out according to the plan approved by the Steering Committee.

3. Operating funds for the Steering Committee, the central Steering Committee's Office, and the provincial Program's permanent office:

a) Central level: The operating funds for the Steering Committee and the central Steering Committee's Office are allocated from the annual budget of the Ministry of Agriculture and Rural Development. For specific activities under Program 809, they are implemented according to the approved budget of Program 809.

b) Provincial level: The operating funds for the Steering Committee and the provincial Program's permanent office are allocated from the annual budget of the province or centrally administered city. For specific activities under Program 809, they are carried out according to the budget approved by the competent authority.

Article 17. Other specialized activities

1. Other specialized activities implementing Program 809 include:

a) Procurement, repair, and maintenance of equipment, tools, and devices supporting forest protection and firefighting; construction, improvement, and operation of forest monitoring systems for detecting forest fires and deforestation; training to enhance the capacity of forest rangers and forest protection forces; patrols to prevent and combat illegal logging and handle violations in forestry; allocating forests, leasing forests, surveying forests, inventorying forests, and monitoring changes in forest resources;

b) Collection of plant and animal specimens; protection and rescue of endangered, rare, and valuable plants and animals; monitoring biodiversity in forest ecosystems; environmental education; museums; pest control in forests; delineation and marking boundaries of forest areas;

c) Enhancing capacity for sustainable forest management; applying science and technology, training, and technology transfer;

d) Surveying, assessing, and monitoring national forest resources; applying advanced technologies in managing, surveying, and monitoring forest resources; developing information management systems and digital transformation in forestry;

đ) Tasks and solutions to implement strategies, programs, projects, and plans approved by the competent authority;

e) Inspecting, supervising, and evaluating Program 809; enhancing capacity for supervision and evaluation in the forestry sector; other activities approved by the competent authority.

2. Implementation methods: Units and localities build, submit for approval, and implement activities directly managed by them in accordance with the content and relevant regulations of the State Budget Law and other related laws.

a) Units under the Ministry of Agriculture and Rural Development build, submit for approval by the competent authority, and implement activities managed by units under the Ministry;

b) Units under ministries, sectors, and localities build, submit for approval by the competent authority, and implement activities managed by units under ministries, sectors, and localities.

Article 18. Forestry activities using development investment capital

1. Activities prioritized for investment and supported from Program 809: In accordance with the content stipulated in Section IV, Article 1 of Decision No. 809/QD-TTg dated July 12, 2022, approving the Sustainable Forestry Development Program for the period 2021-2025 by the Prime Minister The Prime Minister approves the Sustainable Forestry Development Program for the period 2021-2025..

2. Investment methods: Implemented in accordance with the provisions of the Public Investment Law, the medium-term public investment plan financed by the state budget for the period 2021-2025, and guiding documents.

Chapter IV

FORESTRY ACTIVITIES USING GOVERNMENT FUNDS FOR SUB-PROJECT 1

TASKS FOR SUB-PROJECT 1

Article 19. Support for forest protection contracts

1. Recipients of support:

a) Ethnic Vietnamese households classified as poor households and ethnic minority households residing stably in communes in Zone II and Zone III according to Decision No. 861/QD-TTg, Decision No. 698/QD-TTg (hereinafter referred to as household) shall be granted forest protection contracts;

b) Community residents in communes in Zone II and Zone III according to Decision No. 861/QD-TTg, Decision No. 698/QD-TTg (hereinafter referred to as community) shall be granted forest protection contracts.

2. Forest area: The area of forests transferred by the State to the Forest Protection Management Board; natural protective forests and production forests transferred by the State to the Special Purpose Forest Management Board; special purpose forests and protective forests transferred by the State to economic organizations for management.

3. Contracting party and recipient party:

a) The contracting party includes: Special Purpose Forest Management Board, Protective Forest Management Board, Economic Organizations;

b) The recipient party includes: Households, community residents.

4. Level of support and contract limit for forest protection:

a) Level of support, costs for preparing documentation, management fees, inspection, acceptance of forest protection contracts: Implemented in accordance with the provisions of Clause 3, Article 19 of Decree No. 58/2024/NĐ-CP;

b) Limit on the area of forests contracted for support: Implemented in accordance with the provisions of Clause 2, Article 6 of Decree No. 168/2016/NĐ-CP.

5. Method of forest protection contract: Implemented in accordance with the provisions of Clause 5, Article 19 of Decree No. 58/2024/NĐ-CP.

6. For the area of special purpose forests transferred to the Special Purpose Forest Management Board for management, using the state funds specified in Clause 2, Article 8 of this Circular to implement forest protection contracts for the recipients specified in Clause 1 of this Article; the level of contract and limit on the amount of protection contract shall be implemented in accordance with the provisions of Clause 4 of this Article.

Article 20. Support for forest protection

1. Recipients of support: Households and communities in communes in Zone II and Zone III implementing the protection of protective forests and natural production forests transferred to them.

2. Forest area: Protective forests and natural production forests.

3. Criteria for support: Must meet the following criteria:

a) Belonging to the category specified in Clause 2 of this Article;

b) Having a land use right certificate or a decision on land allocation or forest allocation by the competent authority or having been using the land stably without disputes in accordance with the laws on land;

c) Being accepted for the results of forest protection in accordance with Circular No. 15/2019/TT-BNNPTNT.

4. Level of support, costs for preparing documentation, management fees, inspection, acceptance of forest protection: Implemented in accordance with the provisions of point d, point e Clause 2, Article 9, point c, point d Clause 2, Article 12 of Decree No. 58/2024/NĐ-CP.

5. Method of support, implementation procedures: Implemented in accordance with the provisions of point c Clause 4, Article 9 and point c Clause 4, Article 12 of Decree No. 58/2024/NĐ-CP.

Article 21. Support for Enclosure and Promotion of Natural Regeneration with Supplementary Planting

1. Recipients of support: Households implementing enclosure and promotion of natural regeneration with supplementary planting on areas of protective forest land and production forest land that are natural forests allocated to them.

2. Supported area for enclosure and promotion of natural regeneration with supplementary planting: The area of land planned for developing protective forests and production forests that meet the criteria for enclosure and promotion of natural regeneration with supplementary planting as stipulated in Clause 1, Article 5 of Circular No. 29/2018/TT-BNNPTNT, amended and supplemented by Circular No. 17/2022/TT-BNNPTNT.

3. Criteria for support: Must meet the following criteria:

a) Belonging to the category specified in Clause 2 of this Article;

b) Possess a certificate of land use rights or a decision allocating land issued by competent authorities or have been using the land stably without disputes as prescribed by laws on land.

c) Implement enclosure and promotion of natural regeneration with supplementary planting in accordance with approved designs and budgets as stipulated in Article 32 of Decree No. 58/2024/NĐ-CP.

d) Be inspected and accepted for results of enclosure and promotion of natural regeneration with supplementary planting as prescribed in Circular No. 15/2019/TT-BNNPTNT.

4. Level of support, costs for preparing documents, and management, inspection, and acceptance fees for enclosure and promotion of natural regeneration with supplementary planting: Implemented according to the provisions of Clause 2, Article 10 and Clause 2, Article 13 of Decree No. 58/2024/NĐ-CP.

5. Method of support: Based on the results of enclosure and promotion of natural regeneration with supplementary planting of the recipients specified in Clause 2 of this Article, specifically:

a) Annually, the People's Committee at the commune level together with the Forest Rangers working in the locality shall be responsible for inspecting and evaluating the implementation results of enclosure and promotion of natural regeneration with supplementary planting for each recipient of support as prescribed in Circular No. 15/2019/TT-BNNPTNT.

b) Annual inspection results serve as the basis for settlement and finalization of funds.

Article 22. Support for Planting Production Forests with Timber Trees and Non-Timber Forest Products

1. Recipients of support: Households implementing planting of production forests with timber trees and non-timber forest products on areas of forestry land allocated for developing production forests.

2. Areas for planting production forests eligible for support: Forestry land planned for developing production forests as stipulated in Clause 1, Article 11 and Clause 1, Article 12 of Circular No. 29/2018/TT-BNNPTNT, amended and supplemented by Circular No. 17/2022/TT-BNNPTNT.

3. Criteria for support: Must meet the following criteria:

a) Belonging to the category specified in Clause 2 of this Article;

b) Meet the conditions for support as stipulated in Clause 3, Article 14 of Decree No. 58/2024/NĐ-CP.

c) Implement planting of production forests with timber trees and non-timber forest products in accordance with approved designs and budgets as stipulated in Articles 29, 30, and 31 of Decree No. 58/2024/NĐ-CP for investment support forms.

d) Be inspected and accepted for results of planting production forests as prescribed in Circular No. 15/2019/TT-BNNPTNT.

4. Level of support, survey and design costs, and management, inspection, and acceptance fees for planting production forests: Implemented according to the provisions of Clause 2, Article 14 of Decree No. 58/2024/NĐ-CP.

5. Method of support: Implemented according to the provisions of Clause 4, Article 14 of Decree No. 58/2024/NĐ-CP.

Article 23. Support for Planting Protective Forests

1. Recipients of support: Households implementing planting of protective forests on areas of forestry land allocated for planting protective forests.

2. Areas for planting protective forests: Forestry land planned for planting protective forests as stipulated in Clause 1, Article 10 and Clause 1, Article 12 of Circular No. 29/2018/TT-BNNPTNT, amended and supplemented by Circular No. 17/2022/TT-BNNPTNT.

3. Criteria for support: Must meet the following criteria:

a) Belonging to the category specified in Clause 2 of this Article;

b) Have land for planting protective forests allocated by competent authorities or possess a certificate of land use rights or have been using the land stably without disputes as prescribed by laws on land.

c) Implement planting of protective forests in accordance with approved designs and budgets as stipulated in Articles 29, 30, and 31 of Decree No. 58/2024/NĐ-CP.

d) Be inspected and accepted for results of planting protective forests as prescribed in Circular No. 15/2019/TT-BNNPTNT.

4. Level of support: Implemented according to the provisions of Clause 2, Article 11 of Decree No. 58/2024/NĐ-CP.

5. Method of support: Implemented according to the provisions of Clause 4, Article 14 of Decree No. 58/2024/NĐ-CP.

Article 24. Rice Subsidy for Forest Protection and Development

1. Recipients of the subsidy: Hanh families of the Kinh ethnic group who are poor households, and minority ethnic family households participating in forest protection, encircling and promoting natural regeneration with additional planting, protective forest planting, production forest planting, and non-timber forest product development. For family households in communities participating in forest protection and receiving forest protection contracts, the area for each household shall be determined based on the total forest protection area and contracted forest protection area of the community and the number of households in the community.

2. Level of subsidy: Implemented according to the provisions of Clause 2, Article 21 of Decree No. 58/2024/NĐ-CP.

3. Criteria for rice subsidy eligibility: Meeting the criteria set out in Point a and one of the criteria set out in Points b or c of this clause, specifically:

a) Belonging to the category specified in Clause 1 of this Article;

b) Having a land use right certificate or a decision on land allocation or lease from the competent authority, or having stable land use without disputes as stipulated by the law on land; implementing forest protection as provided for in Article 20 of this Circular; encircling and promoting natural regeneration with additional planting as provided for in Article 21 of this Circular; planting production forests with timber trees and non-timber forest products as provided for in Article 22 of this Circular and protective forests as provided for in Article 23 of this Circular, and annually being inspected and accepted by the competent authority;

c) Having a forest protection contract as provided for in Clause 5, Article 19 of this Circular; implementing forest protection contracts as provided for in Article 19 of this Circular, and annually being inspected and accepted by the competent authority.

4. Type of rice subsidy, implementation of rice subsidy: Implemented according to the provisions of Clauses 4 and 5, Article 21 of Decree No. 58/2024/NĐ-CP.

Chapter V

INSPECTION, SUPERVISION, EVALUATION AND REPORTING SYSTEM FOR IMPLEMENTATION

Section 1

INSPECTION, SUPERVISION, AND EVALUATION OF PROGRAM 809 IMPLEMENTATION

Article 25. Inspection and Supervision of Program 809

1. The Steering Committee of the Program, the Ministry of Agriculture and Rural Development, relevant ministries, sectors, and localities shall inspect and supervise the entire process of implementing Program 809 according to their functions and responsibilities.

2. Content of inspection and supervision of Program 809:

a) The situation regarding the implementation of regulations on establishing and allocating plans for implementing Program 809; monitoring and evaluating Program 809;

b) The situation regarding the implementation of Program 809: Results of achieving objectives and tasks; management, use, disbursement of funds, and outstanding debts;

c) Organizational and coordination work for implementing Program 809.

3. Time of inspection and supervision: Carried out regularly (or at random) according to the work plan of the Program Steering Committee, relevant ministries, sectors, and localities.

Article 26. Evaluation of Program 809 Implementation

1. Evaluation of Program 809 includes: Mid-term evaluation, final evaluation, ad hoc evaluation of the implementation of Program 809, and impact assessment of Program 809.

2. Content of Program 809 evaluation closely follows the results of directive and operational activities; achievement of objectives, tasks, and solutions; mobilization of resources for program implementation; impacts on beneficiaries, economic, social, environmental impacts, and the sustainability of Program 809; related issues in program implementation.

3. Organization of Program 809 evaluation:

a) The Forestry Department is responsible for advising the Ministry of Agriculture and Rural Development to organize a comprehensive evaluation of Program 809 according to the provisions of Clause 2 of this Article;

b) Ministries, sectors, and People's Committees at all levels are responsible for organizing evaluations of Program 809 within their jurisdiction according to the provisions of Clause 2 of this Article.

4. Agencies and organizations conducting evaluations: Based on actual conditions and job requirements, relevant ministries, sectors, and localities shall organize evaluations of Program 809.

Section 2

INSPECTION, SUPERVISION, AND EVALUATION OF SUB-PROJECT 1 IMPLEMENTATION

Article 27. Inspection, Supervision, and Evaluation of the Implementation of Sub-project 1

1. Monitoring, inspection, and supervision of the implementation of Sub-project 1:

a) The Ministry of Agriculture and Rural Development and localities shall follow up, inspect, and supervise the entire process of implementing Sub-project 1.

b) The contents of monitoring, inspection, and supervision of Sub-project 1 shall be carried out in accordance with the provisions of Clause 3, Article 30 of Decree No. 27/2022/NĐ-CP.

2. Evaluation of Sub-project 1:

a) The Ministry of Agriculture and Rural Development and localities shall be responsible for organizing the evaluation of the entire Sub-project 1.

b) The contents of evaluating Sub-project 1 shall be carried out in accordance with the provisions of Article 31 of Decree No. 27/2022/NĐ-CP; regulations and guidelines of the Committee for Ethnic Minorities, and the Ministry of Agriculture and Rural Development.

Section 3

REPORTING REGIME FOR IMPLEMENTATION

Article 28. Reporting Regime

1. For Program 809:

a) Annually, before June 20 and December 20, relevant ministries, sectors participating in Program 809, and provincial offices directly responsible for the program shall compile and report on the implementation of Program 809 in their respective areas to the Office of the Central Steering Committee for Program 809 for consolidation. The content and format of the reports shall be in accordance with Appendix II issued together with this Circular.

b) Before June 25 and December 25 annually, the Forest Management Department and the Office of the Central Steering Committee for Program 809 shall compile and report to the Ministry of Agriculture and Rural Development and the Steering Committee of the Program.

2. For Sub-project 1:

a) Provincial Departments of Agriculture and Rural Development and assigned agencies shall compile and report on the implementation of Sub-project 1 in their respective areas to the Ministry of Agriculture and Rural Development.

b) The content, format, time, and reporting regime for Sub-project 1 shall comply with the monitoring and evaluation regulations for the National Target Program and the content and format of the reports on the results of the implementation plan as stipulated in Appendix II issued together with this Circular.

Article 29. Establishment of Indicators, Forms, and Systems for Monitoring and Evaluation

1. Establishing indicators and forms for monitoring and evaluating Program 809 and Sub-project 1:

a) The indicators and forms for monitoring and evaluating Program 809 shall include criteria and indicators for assessing the progress, outcomes, impact assessments, information collection forms, and alignment with strategic implementation and forestry development targets.

b) Establishing indicators and forms for monitoring and evaluating Sub-project 1 must ensure consistency with the common indicators for monitoring and evaluating the implementation of the National Target Program as prescribed by the Committee for Ethnic Minorities.

2. Integrating indicators and forms for monitoring and evaluating Program 809 and Sub-project 1 into the system for monitoring and evaluating forestry development indicators, linked to forestry statistical work.

3. Organizing updates, maintenance, management, and use of data from the information system for implementing Program 809 and Sub-project 1 to ensure compliance with legal provisions on data sharing, cybersecurity, and current laws. Updates on Sub-project 1 in the national target program management system of the program sponsor shall be conducted in accordance with Article 32 of Decree No. 27/2022/NĐ-CP.

Chapter VI

IMPLEMENTATION

Article 30. Responsibilities of Ministries and Sectors Participating in the Implementation of Program 809

1. Develop annual plans; coordinate with the Ministry of Agriculture and Rural Development to organize the implementation of Program 809; take the lead in organizing the implementation of Program 809 within their respective ministries and sectors; manage and allocate capital plans for foundation projects.

2. Review, develop, appraise, and approve projects; organize the implementation and manage, evaluate, and inspect the results of projects under their management scope.

3. Guide, inspect, and urge project sponsors to implement assigned plans, receive and use funds in accordance with the provisions of the law.

4. Report on the results of implementing Program 809; organize mid-term and final reviews of Program 809 according to the guidance of the Ministry of Agriculture and Rural Development.

Article 31. Responsibilities of Units Under the Ministry of Agriculture and Rural Development

1. The Forestry Department:

a) Advise and assist the Ministry of Agriculture and Rural Development and the Central Steering Committee in implementing Program 809, directing and organizing its implementation nationwide; organize the implementation of Sub-project 1 according to assigned tasks; coordinate inspections and urging localities, units, and forest owners regarding forest protection and development;

b) Advise and guide agencies, units, and localities in developing plans, consolidating plans, and organizing the implementation of Program 809 and Sub-project 1;

c) Implement, monitor, update information, inspect, and supervise the implementation of Program 809 and Sub-project 1's targets and tasks.

3. The Department of Cooperative and Rural Development Economy:

a) Serve as the focal point for advising and organizing the implementation of the Ministry of Agriculture and Rural Development's assigned activities and tasks as stipulated in Decision No. 1719/QĐ-TTg;

b) Participate in organizing the implementation, monitoring, inspecting, and supervising the deployment of Sub-project 1.

4. The Office of the Central Steering Committee for New Rural Areas: Coordinate with the Forestry Department to deploy related activities for the implementation of Sub-project 1.

5. The Office of the Central Steering Committee for Implementing Program 809:

a) Develop the work plan of the Steering Committee; prepare content, programs for meetings, conferences, seminars, and reports as required by the Chairman of the Steering Committee;

b) Coordinate in compiling and developing annual implementation plans for Program 809; coordinate in guiding agencies, units, and localities in developing plans, consolidating plans, organizing implementation, inspecting, supervising, and evaluating Sub-project 1;

c) Serve as the focal point for receiving, advising, and proposing handling of documents from the Steering Committee and members of the Steering Committee for submission to the Chairman and Deputy Chairmen of the Steering Committee concerning areas related to Program 809;

d) Organize monitoring, updating information, inspecting, and supervising the implementation of Program 809's targets and tasks according to the annual plans of agencies, units, and localities; periodically organize mid-term and final evaluations of Program 809's implementation results; establish a database system for managing and consolidating Program 809 nationwide;

đ) Prepare budget estimates for serving the activities of the Steering Committee and the Office of the Central Steering Committee for Implementing Program 809, submit them for approval by competent authorities; manage the use of human resources, funds, facilities, equipment, assets, and other resources allocated according to the law;

e) Perform other tasks assigned by the Central Steering Committee for Implementing Program 809 and the Ministry of Agriculture and Rural Development.

Article 32. Responsibilities of the Provincial People's Committee

1. Organize guidance and direction to build annual implementation plans for Program 809; implement, monitor, evaluate, and report on the results of implementing Program 809 and Sub-project 1 within its jurisdiction.

2. Direct the Department of Agriculture and Rural Development to advise on reviewing, building, approving, and organizing the implementation of local projects under Program 809; establish plans, organize implementation, monitor, supervise, and evaluate Program 809 and Sub-project 1 within its jurisdiction.

4. Direct the Ethnic Minority Affairs Board to cooperate with the Department of Agriculture and Rural Development to implement the establishment of plans, organize implementation, monitor, supervise, and evaluate Sub-project 1 within its jurisdiction.

5. Direct the Provincial Steering Committee Office to build and implement the work plan of the Provincial Steering Committee; coordinate to compile, build plans, monitor, update information, inspect, and supervise the implementation of targets and tasks of Program 809 assigned annually to relevant agencies and units; regularly organize mid-term and final evaluations of the results of implementing Program 809 within its jurisdiction.

Article 33. Implementation Provisions

1. This Circular takes effect from the date of issuance.

2. Circular No. 12/2022/TT-BNNPTNT dated September 20, 2022, guiding certain forestry activities under the Sustainable Forestry Development Program and the National Target Program for Socio-Economic Development in Ethnic Minority and Mountainous Areas from 2021 to 2030, Phase I: 2021-2025, shall cease to be effective from the date this Circular takes effect.

3. Transitional Provisions:

a) For design and budget documents for forest protection, forest protection contracts, natural regeneration promotion, and natural regeneration promotion with additional planting that have been approved by competent authorities, they shall continue to be implemented; if adjustments are necessary, units using state budget funds and project sponsors shall review and adjust the contents and funding levels in accordance with Decree No. 58/2024/NĐ-CP and this Circular, and submit them for approval by competent authorities;

b) For forest planting support projects and rice subsidies that have been approved by competent authorities, they shall continue to be implemented; if adjustments are necessary, units and project sponsors shall review and adjust the contents and funding levels in accordance with Decree No. 58/2024/NĐ-CP and this Circular, and submit them for approval by competent authorities;

c) For areas not yet allocated or leased managed by the People's Committee that are currently implementing forest protection contracts under Sub-project 1, they shall continue to be implemented according to the allocated budget until the end of 2024.

4. In cases where normative legal documents cited in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replaced normative legal documents.

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 and amendment./.