Circular No. 23/2013/TT-BNNPTNT stipulates the improvement of depleted natural forests to productive forests throughout the country. This Circular applies to agencies, organizations, households, individuals, and village communities within the country as well as foreign organizations and individuals involved in the improvement of depleted natural forests. Notably, it specifies conditions, procedures, and responsibilities for forest improvement.
Scope of application
Agencies, organizations, households, individuals, and village communities within the country; foreign organizations and individuals involved in the improvement of depleted natural forests.
Key points
- Depleted natural forests must meet conditions such as low volume, poor quality, low growth potential and productivity; disrupted canopy structure; uneven distribution of target trees.
- A proposal for forest improvement with five sets of documents (one original, four copies) including technical design and field inspection report must be prepared.
- The Forest Administration or Department of Agriculture and Rural Development shall review and approve the forest improvement proposal within twenty working days.
- Forest improvement must complete replanting over the entire improved area within twelve months from the date of harvesting and clearing of the depleted natural forest.
- The forest owner and the designing organization are responsible for the accuracy of the design documents.
🌐 Social impact of this document
- Positive impact: Helps improve forest quality, increase economic, social, and environmental efficiency.
- Negative impact: High investment costs for forest improvement may require significant resources from the forest owner.
❓ Frequently asked questions
What conditions must be met for the improvement of depleted natural forests?
Depleted natural forests subject to improvement measures must have low volume, poor quality; low growth potential and productivity. Disrupted canopy structure; uneven distribution of target trees.
What is the deadline for completing replanting?
Forest improvement must complete replanting over the entire improved area within twelve months from the date of harvesting and clearing of the depleted natural forest.
Who is responsible for reviewing and approving the forest improvement proposal?
The Forest Administration reviews and approves proposals for the Vietnam Forestry Corporation and forest owners under the management of the Ministry of Agriculture and Rural Development; the Department of Agriculture and Rural Development reviews and approves proposals for other forest owners.
What specific criteria must forest improvement meet?
Depleted natural forests subject to improvement measures must be assessed as having no potential to recover to a higher quality state with maximum growth of 2 m3/ha/year; disrupted canopy structure; uneven distribution of target trees.
What does the proposal for forest improvement include?
The proposal includes an application for forest improvement according to the model, technical design for forest improvement, and field inspection report. For organizational forest owners, the proposal also includes a field inspection report.
Full text
CIRCULAR
Provisions on the rehabilitation of depleted natural forests are production forests
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Based on Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government;
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;
Based on Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of the Prime Minister promulgating the Forest Management Regulations;
The Minister of Agriculture and Rural Development shall stipulate provisions on the rehabilitation of depleted natural forests.
Article 1. Scope of Regulation and Applicability
1. Scope of regulation: This Circular stipulates conditions, investigation, design, documentation, review, and approval of the design for the rehabilitation of depleted natural production forests throughout the country.
2. Applicability: domestic agencies, organizations, households, individuals, and village communities; foreign organizations and individuals involved in the rehabilitation of depleted natural forests.
3. This Circular does not apply to rubber planting on forestry land.
Article 2. Interpretation of Terms
In this Circular, the following terms are understood as follows:
1. Depleted natural forest: a natural forest with very low stock, poor quality; low growth capacity and productivity, if left to recover naturally, will not meet economic requirements or protective needs.
2. Rehabilitation of depleted natural forests: the process of converting depleted forests that are no longer capable of effective recovery through natural regeneration methods such as replanting trees to restore them into forests with higher productivity, quality, economic, social, and environmental benefits.
3. Local rehabilitation: the rehabilitation of depleted natural forests using strip or patch planting methods within a forest plot.
4. Comprehensive rehabilitation: the rehabilitation of depleted natural forests by planting trees across the entire forest plot.
Article 3. Conditions for applying rehabilitation measures to depleted natural forests
A natural forest plot in a depleted state (excluding rocky mountain forests) must meet the following conditions to apply rehabilitation measures:
1. It must be included in the approved planning of production forests by competent state authorities.
2. There must be a project and plan approved by competent state authorities.
3. Criteria for applying rehabilitation measures to depleted natural forests
a) Depleted natural forests subject to rehabilitation measures must be assessed as having no potential to recover to a higher quality state with maximum growth of 2 meters/ha/year for timber forests if nurturing or natural regeneration methods are applied; the proportion of target tree species is less than 50%, unevenly distributed.3b) The canopy structure of the forest has been disrupted; target tree species are unevenly distributed within the plot; the canopy cover of trees with a diameter at breast height of 8 centimeters or more is less than 0.3 on a plot basis.
c) Site conditions suitable for the growth and development characteristics of tree species used for forest rehabilitation. In cases of comprehensive rehabilitation, the slope of the plots being rehabilitated must be less than 25 degrees, the maximum area to be rehabilitated at one time must not exceed 100 hectares in a forest sub-district, and planting activities can only proceed on adjacent depleted forest areas once the planted area meets the criteria for becoming a forest.
Specific forestry criteria for various forest states are as follows:
- Broadleaf evergreen and semi-deciduous timber forests: the number of regenerating target trees with a height of 1 meter or more is less than 800 trees/ha, unevenly distributed over the plot area; the total wood volume of all trees with a diameter at breast height of 8 centimeters or more is less than 50 m
/ha.3- Broadleaf deciduous timber forests: the number of regenerating target trees with a height of 1 meter or more is less than 700 trees/ha, unevenly distributed (for resprouting from a single mother plant with multiple sprouts, only the best sprout is counted) over the plot area; the total wood volume of all trees with a diameter at breast height of 8 centimeters or more is less than 40 m
/ha within a plot.3- Coniferous forests: the number of trees with an average diameter at breast height of 8 centimeters or more is less than 80 trees/ha, unevenly distributed over the plot area.
- Mangrove forests: the number of trees with an average diameter at breast height of 1.3 meters less than 12 centimeters is less than 1,000 trees/ha; from 12 to 18 centimeters is less than 600 trees/ha; from 18 to 24 centimeters is less than 400 trees/ha; above 24 centimeters is less than 200 trees/ha within a plot.
- Bamboo forests: the number of trees with a diameter at breast height of 1.3 meters of 5 centimeters or more is less than 3,000 trees/ha within a plot; in cases where the plot only contains small bamboo, density is not dependent.
- Mixed bamboo and timber forests: the total wood volume of all trees with a diameter at breast height of 8 centimeters or more is less than 25 m
/ha; the number of bamboo trees with a diameter at breast height of 1.3 meters of 5 centimeters or more is less than 1,500 trees/ha within a plot.Article 4. Non-technical work 1. Determining boundaries and area of depleted forest plots subject to rehabilitation measures: marking or delineating boundaries of survey plots on-site; calculating the area and preparing a current status map of the forest at a scale of 1/5,000 or 1/10,000 appropriate to the size of the forest plot.
2. Establishing standard sampling plots for measuring wood volume and tree numbers (the total area of standard plots must be at least 2% of the designed plot area), specifically as follows:3a) For broadleaf evergreen, deciduous, and coniferous depleted natural forests, establish standard plots with an area of 1,000 m
Collect data: name, quality grade of forest trees according to three levels (good, medium, poor); measure the diameter at breast height and top height of all trees in the standard plot with a diameter of 8 centimeters or more. Each standard plot is recorded on a survey form. Calculate the average standing volume per plot by summing up the standing volume determined by the formula: V
= G.Hvn.f, where: V
2. Establish standard plot areas for measuring timber volume and tree counts (the total area of standard plots must be at least 2% of the designed forest area), specifically as follows:
a) For natural broadleaf evergreen forests that are depleted, seasonal deciduous forests, and coniferous forests, establish standard plots with an area of 1,000 square meters to collect data on: the name and quality grade of forest trees according to three levels (good, average, poor); measure the diameter at breast height (1.3 meters above ground level) and the total height of all trees within the standard plot that have a diameter of 8 centimeters or more. Each standard plot shall be recorded on a separate survey form. Calculate the average standing tree volume per unit by summing up the standing tree volume determined using the formula: V = G.H.vn.f, where: V2 collect data: name, quality of forest trees at three levels (good, average, poor); measure diameter at breast height (1.3 meters above ground level) and top height of all trees in the standard plot with diameters of 08 centimeters or more. Each standard plot is recorded on one survey form. Calculate the average standing timber volume per plot by synthesizing from determining the standing tree volume according to the formula: Vtree 1. Repeal Clause 2, Section II, Circular No. 99/2006/TT-BNN dated November 6, 2006, issued by the Ministry of Agriculture and Rural Development guiding the implementation of certain provisions of the Forest Management Regulation promulgated together with Decision No. 186/2006/QĐ-TTg dated August 14, 2006, of the Prime Minister; Circular No. 56/2012/TT-BNNPTNT dated November 6, 2012, issued by the Ministry of Agriculture and Rural Development regarding the rehabilitation of depleted natural production forests.tree V is the volume of the tree trunk; G is the cross-sectional area of the tree at a height of 1.3 meters above ground level; Hvn is the top height of the tree; f is the form factor number (for natural forests, f = 0.45). Based on the results of the standard plot investigation to calculate timber yield, the proportion of usable timber, forecasted wood and firewood products for each forest lot and the entire designed area.
b) For mangrove forests and saltwater forests, establish standard plots with an area of 1,000 square meters.2Count the number of trees in the standard plot with a diameter of 6 centimeters or more at a height of 1.3 meters above ground level. Based on the results compiled from the standard plot, determine the density and average diameter per hectare of the forest lot and the entire designed area.
c) For bamboo forests, establish standard plots with an area of 100 square meters.2Count the number of trees in the standard plot with a diameter of 5 centimeters or more at a height of 1.3 meters above ground level. Based on the results compiled from the standard plot, determine the average density per hectare of the forest lot and the entire designed area.
Article 5. Office Work
The technical design for rehabilitating depleted natural forests shall be carried out according to the Forest Planting Design Procedure 04TCN 128-2006 issued together with Decision No. 4108/QD-BNN-KHCN dated December 29, 2006 of the Minister of Agriculture and Rural Development. The contents of the design include:
1. Determination of forest planting techniques
Based on the surveyed natural conditions (soil type, understory vegetation, terrain type), ecological characteristics of the planted species, and business objectives, select the planted species and determine the forest planting techniques, care, and protection methods.
2. Determination of economic and technical indicators
Based on national and local economic and technical indicators, and the actual situation of the production unit and the design unit, determine the economic and technical indicators.
3. Office calculations, completion of the design results.
a) Calculate costs per hectare for each planting formula, planting costs, care, protection, and seedling production.
b) Aggregate the area for planting and caring for planted forests by location name.
c) Aggregate the budget for planting and caring for planted forests.
4. Results of the forest rehabilitation design
a) Detailed description in the explanatory report includes: forest owner and address; forest rehabilitation objectives; location, position, boundaries, and compartments of the rehabilitation forest; climate, terrain, soil conditions; current state of the forest; rehabilitation methods; planted species; performance indicators, content, and technical measures; harvesting and utilizing forest products on depleted natural forest land following the guidelines set forth in Circular No. 35/2011/TT-BNN dated May 20, 2011 of the Minister of Agriculture and Rural Development; projected productivity and yield of the planted species; construction projects; labor and budget estimates; completion deadline;
b) Design map: each rehabilitation forest area has a map with a scale of 1/5,000 or 1/10,000 suitable for the size of the forest area. The map shows the full position, boundaries, numbers, status of the forest, compartment areas, and construction projects that need to be built.
5. The forest owner is responsible for organizing the preparation of the forest rehabilitation design or hiring a consulting organization to ensure compliance with the provisions of Article 21 of Decision No. 73/2010/QĐ-TTg dated November 16, 2010 of the Prime Minister; submit to the competent state agency for review and approval as stipulated in Article 5 of this Circular.
Article 6. Procedure for Exploitation and Utilization of Forest Products on Reforestation Land.
1. Exploitation and utilization of forest products by organizations.
The forest owner or the project investor shall prepare an exploitation and utilization dossier, submit it to the Department of Agriculture and Rural Development for approval. The dossier includes the following contents: Determining boundaries, dividing place names according to plots, compartments, sub-compartments, and drawing a map of the exploitation area at a scale of 1:5,000; calculating the area and volume of forest products to be exploited according to the level of magnification and type of wood for each plot, compartment, sub-compartment, and summarizing for the entire exploitation area; identifying production facilities and estimating exploitation costs.
The Provincial People's Committee shall select units with relevant functions or assign the forest owner or project investor planting reforestation forests to exploit and utilize forest products based on the actual situation in the locality, but must comply with regulations and ensure the planting schedule.
The Department of Agriculture and Rural Development shall issue permits for the exploitation and utilization of forest products to the forest owner or project investor and the unit with functions assigned by the Provincial People's Committee.
The organization of exploitation and utilization (before or simultaneously with land clearance), determination of forest product prices, mechanisms for consuming utilized wood and firewood on reforestation areas converted to forest planting shall be decided specifically by the Provincial People's Committee.
2. Exploitation and utilization of forest products by households, individuals, and village communities.
Households, individuals, and village communities shall inventory trees and calculate the volume of forest products to be exploited and utilized (if any), submit them to the District People's Committee for approval and issuance of exploitation permits.
Article 7. Dossier, Review, and Approval of Reforestation.
1. Dossier for reforestation proposal.
a) For organizational forest owners, the dossier includes:Proposal for reforestation according to the model attached Appendix at Appendix 1 issued together with This circular; technical design for reforestation as stipulated in Clause 2, Article 4 of this Circular; field inspection record according to the model at Appendix 3 issued together with this Circular. "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:b) For household, individual, and village community forest owners: Proposal for reforestation, including detailed address; reforestation objectives; location, position, boundaries, and plot, compartment, sub-compartment of reforestation forest; current state of the forest; reforestation method; tree species; completion deadline according to the model at
Appendix 2 issued together with this Circular. Field inspection record according to the model at Appendix 3 issued together with this Circular. c) Number of dossiers: Five sets of dossiers (one original, four copies). d) Method of submission: Organizations, households, individuals, and village communities shall submit the dossiers specified in Points a and b of this Clause directly or through postal service to the competent authority specified in Point a, Clause 2 of this Article.
2. Review and Approval of Reforestation Dossier.
a) Authority
The Forestry General Department shall review and approve the reforestation dossier for the Vietnam Forest Company and other organizational forest owners under the Ministry of Agriculture and Rural Development; the Department of Agriculture and Rural Development shall review and approve the reforestation dossier for other organizational forest owners and households, individuals, and village communities.
b) Review Organization
The competent authority specified in Point a of this Clause shall organize the establishment of a Review Board for the reforestation dossier. The Review Board shall include representatives from related scientific agencies with a minimum of 5 members; the representative of the reviewing agency's leadership shall be the chairman of the Board. The review results must be recorded in a minutes document signed by the chairman and the secretary member.
Immediately after completing the review, the chairman shall submit the dossier to the head of the agency for consideration and approval or disapproval.
c) Procedure for Review and Approval
Within 20 working days from the date of receipt of the complete reforestation proposal dossier, the approving authority must establish a Review Board, conduct the review, approve or provide reasons for non-approval of the dossier, and return the result to the organization, household, individual, or village community that submitted the proposal. In cases requiring on-site verification, the reforestation dossier approval period may be extended by up to 15 working days.
If the dossier is incomplete, within 3 working days from the date of receipt of the dossier, the receiving authority must notify the organization, household, individual, or village community.
1. Organizations, households, individuals, and village communities reforesting depleted natural forests must strictly follow the procedures and formalities prescribed in this Circular; they must immediately replant the forest and complete the replanting over the entire reforestation area within 12 months from the date of harvesting and clearing the depleted natural forest.
2. Organizations designing the reforestation of depleted natural forests must comply with the provisions of this Circular and bear legal responsibility for the accuracy of the design dossier.
Article 8. Responsibilities for Implementation
3. The forest owner is responsible for organizing, inspecting, and supervising the reforestation in accordance with the provisions of this Circular and the law. 4. State authorities with the power to review and approve reforestation design dossiers shall bear legal responsibility for the results of the reforestation dossier approval.
1. Repeal Clause 2, Part II, Circular No. 99/2006/TT-BNN dated November 6, 2006 of the Ministry of Agriculture and Rural Development guiding the implementation of certain provisions of the Forest Management Regulation issued together with Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of the Prime Minister; Circular No. 56/2012/TT-BNNPTNT dated November 6, 2012 of the Ministry of Agriculture and Rural Development on the reforestation of depleted natural forests as productive forests.
2. This Circular takes effect from July 1, 2013.
3. During the implementation process, if there are difficulties, organizations and individuals should promptly report to the Ministry of Agriculture and Rural Development for examination, revision, and supplementation./.
Article 9. Effective Date
1. Repeal Clause 2, Section II, Circular No. 99/2006/TT-BNN dated November 6, 2006 of the Ministry of Agriculture and Rural Development guiding the implementation of certain provisions of the Forest Management Regulation issued together with Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of the Prime Minister; Circular No. 56/2012/TT-BNNPTNT dated November 6, 2012 of the Ministry of Agriculture and Rural Development stipulating the regeneration of naturally degraded production forests
2. This Circular takes effect from July 1, 2013.
3. During implementation, if there are any difficulties, organizations and individuals are requested to promptly report them to the Ministry of Agriculture and Rural Development for review, amendment, and supplementation./.
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