Circular No. 24/2009/TT-BNN guides the conversion of protective forests and special-use forests planned to productive forests and vice versa from productive forests planned to become protective or special-use forests following the re-examination of the three types of forests according to Government Directive No. 38/2005/CT-TTG.

CIRCULAR

Guidelines for converting protective forests and special-use forests planned to productive forests and vice versa from planned productive forests to protective forests and special-use forests following the review of the three types of forests according to Directive No. 38/2005/CT-TTg of the Government's Prime Minister.

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Based on Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Based on Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of the Government's Prime Minister on the issuance of the Forest Management Regulations;

Based on Directive No. 38/2005/CT-TTg dated December 5, 2005 of the Government's Prime Minister on reviewing and re-planning the three types of forests;

Based on Document No. 80/TTg-KTN dated January 15, 2009 of the Government's Prime Minister on reporting the results of reviewing the planning of the three types of forests;

The Ministry of Agriculture and Rural Development guides the conversion of protective forests and special-use forests planned to be converted to productive forests and vice versa from planned productive forests to protective forests and special-use forests following the review of the three types of forests according to Directive No. 38/2005/CT-TTg of the Government's Prime Minister (hereinafter referred to as the converted forest area) as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular guides the conversion of the area of protective forests and special-use forests planned to be converted to productive forests and vice versa from productive forests to protective forests and special-use forests after the review and re-planning of the three types of forests approved by the People's Committee of the province; the procedures and authority for conversion; rights and obligations of the forest owners before and after conversion.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) Forest owners having protective forests, special-use forests, or productive forests undergoing conversion, including newly planted forest areas and areas under regeneration with encirclement and nurturing, funded from state budget sources or sources similar to the state budget;

b) Forest owners having forests undergoing conversion due to self-funded protection, planting, and care to become forests.

Article 2. Principles of management during the process of forest conversion

1. All areas of converted forests mentioned above must have specific management by forest owners. Converted forests changing their purpose of use (among the three types of forests) may or may not change forest owners.

Special-purpose forest management boards, protective forest management boards managing special-use forests and protective forests undergoing conversion, if there is no requirement to transfer these areas to other organizations, households, or individuals, shall continue to manage these forest areas according to the corresponding forest management regulations.

Project management boards 661 currently managing areas of converted forests must transfer the forests to forest management organizations, households, and individuals based on specific forest transfer plans approved by the provincial People's Committee and detailed forest transfer plans of the district and commune People's Committees; these forest transfer plans must be publicized and prioritized for local communities, households living in the locality, and households that have been assigned or have contracts (planting and protecting forests) on the converted forest areas.

2. Ensure harmonization of interests between the State and forest owners, between the State and people who have contracted to protect forests, encircle and nurture forests, plant new protective and special-use forests previously; between the State and other entities that invested capital in planting and caring for productive forests which are now being converted.

3. Procedures must be simple but rigorous, suitable to the actual conditions of each locality, ensuring the protection, utilization, and development of forests in accordance with the Forest Management Regulations issued according to Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of the Government's Prime Minister (hereinafter referred to as Decision No. 186/2006/QĐ-TTg).

4. Capital and investment funds for converted forests must be strictly inspected, handed over, and dealt with after conversion in accordance with regulations.

Chapter II

SPECIFIC PROVISIONS

Article 3. Objects of forest conversion

1. Protective and special-use forests converted to production forests, including:

a) Natural forests assigned for protection on a contractual basis,

b) Natural forests assigned for protection with natural regeneration,

c) Natural forests assigned for protection with promoted natural regeneration and supplementary planting,

d) Planted forests not yet completed their care period,

e) Planted forests already completed their care period.

2. Production forests converted to protective or special-use forests, including:

a) Naturally nurtured natural forests,

b) Planted forests currently in their care period,

c) Planted forests that have passed their care period, including production forests that have reached their harvesting period.

Article 4. Subjects transferring and receiving converted forests

1. Subjects transferring converted forests

a) Special-purpose forest management boards with special-purpose forests converted (to protective forests or production forests) must transfer the forests back to protective forest management boards or other organizations and individuals.

b) Protective forest management boards with protective forests converted (to special-purpose forests or production forests) must transfer the forests back to special-purpose forest management boards or other organizations and individuals.

c) Organizations, enterprises, people's armed forces units, households, individuals, and village communities with converted forests (all three types of forests) now must transfer them back to other organizations and individuals.

d) Special-purpose forest management boards, protective forest management boards, logging camps, state forestry companies with converted forest areas are the forest and forest land areas implementing Project 661 through Project 661 management boards, now must transfer them back to new forest owners, must bear the responsibilities, obligations, and rights of the project investor (Project 661 management board) according to current regulations and guidance in this Circular.

đ) Project 661 management boards implementing projects with land and forests of households, community residents, or forests directly managed by local People's Committees, now changing their purpose of use, must advise local People's Committees (directly managing authorities) to perform state functions regarding policies for organizations, households, and individuals receiving state investment or contracted forest management under Project 661 using state budget funds (through Project 661).

e) For subjects who have implemented Program 327 or other aid projects for new planting, supplementary planting, protected regeneration, and conservation of protective and special-use forests, now being converted and assigned to other subjects for management and use, shall implement according to the provisions of Program 327 or those aid projects and current regulations and guidance in this Circular.

2. Subjects receiving converted forests

a) Protective and special-purpose forest management boards;

b) Households and individuals currently living in communes with forests, having a need to receive forests for protection and development.

c) Organizations, enterprises;

d) Village communities;

3. Organizations, enterprises, households, and individuals with protective or special-purpose forests converted to production forests or with production forests converted to protective or special-purpose forests without transferring to other forest owners.

Article 5. Rights and Obligations of Parties Involved in the Transfer of Forests from Protective and Special-Purpose Forests to Production Forests

1. In cases where there is no change in the forest owner

1.1. Rights:

a) For areas of transferred forests that were planted under Project 661, Program 327, or other ODA projects:

- Households and non-state organizations that have received state support for planting protective and special-purpose forests, now converted to production forests, shall enjoy all products harvested on the invested area if the forest has reached the harvesting age; if the forest has not yet reached the harvesting period: They shall continue to invest in caring for and protecting the forest until the end of the current cycle and shall enjoy all products harvested on this area.

- Households that only received contracts for forest protection tasks with state organizations, now continue to receive the forest for management and protection, when harvesting, households shall be entitled to additional money for forest protection, averaging 200,000 VND/ha/year from the sale of timber harvested from the contracted management and protection area. The specific amount shall be proposed by the forest management board or logging stations and decided specifically by the People's Committee at the district level;

- For areas of protective forests, the project owner and households that previously received contracts and invested their own capital for planting, caring for, and protecting the forest, which has been approved by the competent authority, when harvesting these areas, the proceeds shall be handled in the following priority order: legitimate costs for auctioning, timber harvesting, supplementary support for households that have contributed to forest protection, the remainder shall be divided according to the ratio of investment between state budget funds, the project owner’s funds, and households. The portion corresponding to the state budget will be collected into the communal forest protection and development fund;

- For mixed plantations of supporting trees with native species or different native species that have not yet reached the harvesting age, encourage the forest owner to continue investing in protection and care, replanting to develop into production forests providing large timber.

b) For areas of transferred forests that are natural forests, reasonable use of natural resources and other activities shall be carried out in accordance with the Forest Management Regulations issued together with Decision No. 186/2006/QĐ-TTg and other current policies.

1.2. Obligations:

a) For areas of transferred forests that were planted under Project 661:

- Forest Protection and Special-Purpose Forest Management Boards with transferred forests shall be responsible for implementing regulations regarding the benefits of households and individuals who participated in contracted tree planting, caring for, and protecting the forest as stipulated.

- Timber harvesters shall return 80 kg of rice/ha to the communal forest protection and development fund when harvesting the forest.

- Replant the forest within 12 months after harvesting; if not replanted, the state will reclaim the allocated area.

b) For areas of transferred forests that are natural forests, implement forest protection and development in accordance with the Forest Management Regulations issued together with Decision No. 186/2006/QĐ-TTg.

2. In cases where the forest is transferred to a new owner

2.1. The Party Transferring the Forest

a) Rights:

- State-owned forest management boards as forest owners shall be entitled to reduce state investment capital for the transferred protective and special-purpose forests in accordance with current state regulations.

b) Obligations:

- If the transferred forest is a protective or special-purpose plantation under Project 661 or 327, and the project management boards have contracted households and individuals to plant, care for, and protect the forest, now being transferred to a new forest owner, they must be responsible for resolving the rights of households and individuals who previously received contracts in accordance with regulations.

- Participate in supervising, handing over the area and quality of the transferred forest, the capital already invested in the transferred forest, report the results of the forest transfer to the competent authority;

- Complete procedures to reduce the investment capital for the transferred forest area and submit them to the competent authority;

- Review and rebuild Project 661 if there is a forest transfer within the project's management scope.

2.2. The Party Receiving the Transferred Forest

a) Rights:

- If the transferred forest is a protective or special-purpose plantation under Project 661 or 327, and households and individuals have received contracts from forest protection and special-purpose forest management boards, Project 661 management boards (or other project management boards) for all stages from planting, caring for, to protecting the forest, now receiving the forest and obtaining land use right certificates as stipulated, shall enjoy all products harvested on the invested area if the forest has reached the harvesting age; if the forest has not yet reached the harvesting period: They shall continue to invest in caring for and protecting the forest until the end of the current cycle and shall enjoy all products harvested on this area.

- For areas of transferred forests that are mixed plantations of supporting trees with native species or different native species that have not yet reached the harvesting age, encourage the forest receiver to continue investing in protection and care, replanting to develop into production forests providing large timber;

- For areas of transferred forests that are natural forests, reasonable use of natural resources and other activities shall be carried out in accordance with the Forest Management Regulations issued together with Decision No. 186/2006/QĐ-TTg and other current policies;

b) Obligations:

- For areas of transferred forests that are plantations, complete procedures to increase capital for the transferred forest area for additional forest area due to the transfer for state-owned enterprises in accordance with current state regulations; return 80 kg of rice/ha to the communal forest protection and development fund when harvesting the forest; replant the forest within 12 months after harvesting, if not replanted, the state will reclaim the allocated area.

- For areas of transferred forests that are natural forests, implement forest protection and development in accordance with the Forest Management Regulations issued together with Decision No. 186/2006/QĐ-TTg.

Article 6. Rights and obligations of the parties transferring and receiving forests converted from production forests to protective or special-use forests, or from special-use forests to protective forests, or vice versa.

1. In cases where there is no change in the forest owner.

a) Rights:

- For areas of forests converted from production forests (self-invested by the forest owner, self-financed investment...) with non-primary tree species not complying with the regulations for protective or special-use forests planting, if the forest has reached the harvesting age, the owner shall enjoy all products harvested on the invested area; if the forest has not yet reached the harvesting period, the owner shall continue to invest in caring for and protecting the forest until the end of the current cycle and enjoy all products harvested on this area.

- For areas of forests converted from production forests with primary tree species suitable for protective or special-use forests planting, the owner shall benefit from state support policies according to Decision No. 100/2007/QD-TTg dated July 6, 2007 and Decision No. 661/QD-TTg dated July 29, 1998 of the Government Prime Minister regarding the objectives, tasks, policies, and implementation organization of the New Forest Planting Project of 5 million hectares and other current policies for protective and special-use forests.

- For areas of protective forests that are planted forests now converted to special-use forests, necessary forest management measures shall be implemented to restore the ecosystem and fully harvest forest products, if applicable.

b) Obligations:

- Implement the management, protection, care, and nurturing of existing forests and replant new forests in accordance with the criteria for protective and special-use forests and the Forest Management Regulations issued together with Decision No. 186/2006/QD-TTg.

2. In cases where the forest is transferred to a new forest owner.

2.1. The Party Transferring the Forest

a) Rights:

- For areas of forests converted from production forests with non-primary tree species not complying with the regulations for protective or special-use forests planting, if the forest has reached the harvesting age, the owner shall enjoy all products harvested on the invested area; if the forest has not yet reached the harvesting period, the owner shall continue to invest in caring for and protecting the forest until the end of the current cycle and enjoy all products harvested on this area.

- For areas of forests converted from production forests with long-term primary tree species suitable for protective or special-use forests planting, compensation shall be provided for the investment capital already spent on planting, caring for, and protecting the trees.

- Former forest owners who are households or individuals, if conditions permit, shall be prioritized to continue receiving contracts to protect the planted forest areas, natural forests currently in existence, and contracts to plant new forests (protective or special-use forests) on the converted production forest areas after harvesting.

b) Obligations:

- Participate in supervising, handing over the area and quality of the forest, and the invested capital for the converted forest.

- Report the results of the forest conversion by the managing unit and complete the procedures to reduce the invested capital for the transferred forest area to the competent authority if they are state forest management units, state-owned enterprises, or collectively owned enterprises.

2.2. The Party Receiving the Transferred Forest

a) Rights:

- Utilize natural resources and other activities in protective or special-use forests reasonably according to the Forest Management Regulations issued together with Decision No. 186/2006/QD-TTg and other current policies.

- Benefit from state support policies according to Decision No. 100/2007/QD-TTg dated July 6, 2007 and Decision No. 661/QD-TTg dated July 29, 1998 of the Government Prime Minister regarding the objectives, tasks, policies, and implementation organization of the New Forest Planting Project of 5 million hectares.

b) Obligations:

- Implement the management, protection, care, and nurturing of existing forests and replant new forests in accordance with the criteria for protective and special-use forests and the Forest Management Regulations issued together with Decision No. 186/2006/QD-TTg.

- Increase investment capital in accordance with current state regulations for additional forest areas.

Chapter III

IMPLEMENTATION

Article 7. Procedures for Deciding on Forest Conversion

1. Based on the results of reviewing the three types of forest planning schemes that have been approved by the People's Committee of the province, the Department of Agriculture and Rural Development shall organize the handover of the review results and the re-planning of the three types of forests to communes, project sponsors, and forest owners.

2. The Department of Agriculture and Rural Development shall take the lead in coordinating with the Department of Natural Resources and Environment; the Department of Finance to develop a forest conversion plan to be submitted for approval by the People's Committee of the province, including the following main contents:

a) The current status of the areas to be converted into forests, including natural forests and planted forests that have been invested by the State for contractual forest protection work, ring-fencing and promoting natural regeneration combined with supplementary planting of forestry trees, new planting and care of planted forests for protective and special purposes, after the re-planning of the three types of forests does not meet the criteria and are to be converted into production forests, and vice versa from production forests to protective and special purpose forests;

b) For planted forest areas, it is necessary to distinguish the level of investment (whether the care period has ended or is still ongoing), whether they are pure species plantations or mixed forests with supporting trees alongside the target trees, native trees. Distinguishing these types of forests is essential to determine appropriate benefit policies for each type of forest, ensuring that the area of forest after conversion continues to be invested in, developed, and used effectively;

c) Regulations on the limit of forest transfer, compensation levels for the capital already invested in planting, caring for, and protecting production forests being converted to protective forests, or allowing business operations until the end of the current cycle.

3. Adjustments to the capital of converted forest types shall be carried out in accordance with the current regulations of the State.

Article 8. Authority to Decide on Forest Conversion

1. The People's Committee of the province shall decide on the change of forest use purpose simultaneously with approving the forest allocation plan after conversion for each converted forest area (or the area of forest requiring conversion of a forest management board, a state-owned timber enterprise, or each small forest area, plot, or forest area of a commune, district within its jurisdiction).

2. The People's Committee of the province shall decide in writing to allocate converted forests to organizations that are forestry enterprises, Forest Protection Management Boards, and Special Purpose Forest Management Boards.

3. The People's Committee of the district shall decide in writing to allocate forests to households, individuals, and village communities.

Article 9. Effective Date

1. This Circular shall take effect 45 days from the date of signature.

2. During implementation, if there are difficulties, localities, organizations, and individuals shall report to the Ministry of Agriculture and Rural Development for timely adjustment and supplementation./.