Circular No. 23/2024/TT-BNNPTNT on economic and technical norms for delineating forest boundaries

CIRCULAR

Regulations on Economic and Technical Standards for Defining Forest Boundaries

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 Forest Law on November 15, 2017;

WHEREAS Construction Law dated June 18, 2014; Law Amending and Supplementing Certain Provisions of the Construction Law dated June 17, 2020;

Pursuant to Decree No. 10/2021/NĐ-CP dated February 9, 2021 of the Government on management of construction investment costs; Decree No. 35/2023/NĐ-CP dated March 20, 2023 amending and supplementing certain articles of decrees under the domain of management by the Ministry of Construction;

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

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

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

The Minister of Agriculture and Rural Development issues this Circular stipulating economic and technical standards for defining forest boundaries.

Article 1. Scope of Regulation

This Circular stipulates economic and technical standards and methods for calculating costs related to preparing forest boundary documentation, setting boundary markers, and creating forest boundary maps.

Article 2. Applicability

Article 1. This Circular applies to agencies, organizations, and individuals using state budget funds, lawful revenues of state agencies, public service units to prepare forest boundary documentation, set boundary markers, and create forest boundary maps for state-owned forests as defined in Clause 1, Article 7 of the 2017 Forestry Law adjacent to neighboring forest owners, land users, and boundaries between forest compartments, sections, and forest status plots in Vietnam and relevant organizations and individuals.

Article 2. It is encouraged for organizations, households, individuals, and community residents who use non-state budget funds to apply the provisions of this Circular to prepare forest boundary documentation, set boundary markers, and create forest boundary maps.

Article 3. Explanation of Terms

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

Point 1. Boundary marker installation works and forest boundary map creation works are agricultural and rural development projects aimed at determining the specific boundaries of each forest owner on-site, serving forest management purposes.

Point 2. Economic and technical standards for defining forest boundaries are the levels of labor, materials, machinery, and equipment consumption for preparing forest boundary documentation, setting boundary markers, and creating forest boundary maps.

Point 3. Adjustment factor (K) is the coefficient used to calculate and adjust labor consumption levels when factors forming economic and technical standards for preparing forest boundary documentation, setting boundary markers, and creating forest boundary maps change.

Article 4. Principles for Applying Standards

Point 1. Based on specific conditions of each area and technical measures, apply the adjustment factor (K) to calculate necessary consumption levels for each project item when drafting technical outlines and detailed budgets.

Point 2. Application of economic and technical standards must comply with requirements stipulated in criteria, standards, regulations, and technical guidelines issued by competent state authorities. In cases involving public investment funds, they must be implemented strictly in accordance with laws on state budget and public investment.

Point 3. In cases where boundary marker design, construction methods, and labor, material, machinery, equipment, tools, and implements not specified in this Circular are used, such actions shall be carried out according to decisions made by competent authorities.

Article 5. Economic and technical norms for preparing forest boundary demarcation files

1. Forest boundary demarcation files shall be established and managed in accordance with the provisions of Article 14 and Article 15 of Circular No. 31/2018/TT-BNNPTNT dated November 16, 2018, issued by the Minister of Agriculture and Rural Development on forest boundary demarcation (hereinafter referred to as Circular No. 31/2018/TT-BNNPTNT).

2. The method of calculating costs, detailed contents of work, and economic and technical norms for preparing forest boundary demarcation files shall be implemented according to Appendix I attached to this Circular.

Article 6. Economic and technical norms for setting boundary markers and boundary division boards

1. Provisions regarding boundary markers, boundary division boards, setting boundary markers, and boundary division boards on-site shall be carried out in accordance with the provisions of Article 11 and Article 12 of Circular No. 31/2018/TT-BNNPTNT and the provisions of this Circular.

2. The method of calculating costs, detailed contents of work, and economic and technical norms for setting boundary markers and boundary division boards shall be implemented according to Appendix II attached to this Circular.

Article 7. Implementation Organization

1. The Forestry Department shall organize guidance, dissemination, propaganda, and implementation of economic and technical norms for forest boundary demarcation stipulated in this Circular.

2. Departments of Agriculture and Rural Development shall organize dissemination, propaganda, implementation, and inspection of compliance with the provisions of this Circular at the local level.

3. Annually, forest owners who have set boundary markers and boundary division boards as prescribed in Clause 1, Article 2 of this Circular shall be responsible for inspecting and reporting on the management situation of boundary markers and boundary division boards to forestry management agencies and forest rangers according to their respective levels.

Article 8. Effective Date

1. This Circular takes effect from February 1, 2025.

2. Transitional provisions:

Programs and projects applying economic and technical norms for forest boundary demarcation that were approved before the effective date of this Circular shall continue to be implemented until completion of the programs and projects. In cases where programs and projects approved must be adjusted after the effective date of this Circular, the economic and technical norms stipulated in this Circular shall be applied.

3. Where legal normative documents and other regulations cited for application in this Circular are amended, supplemented, or replaced, they shall be implemented in accordance with the amended, supplemented, or replacing documents.

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