Circular No. 25/2011/TT-BNNPTNT amending, supplementing, and abolishing certain provisions on administrative procedures in the field of forest protection and development pursuant to Resolution No. 57/NQ-CP dated December 15, 2010.

CIRCULAR

Amending, supplementing, and abolishing certain provisions on administrative procedures in the field of forest protection and development pursuant to Resolution No. 57/NQ-CP dated December 15, 2010

Pursuant to Resolution No. 57/NQ-CP dated December 15, 2010 of the Government on simplifying administrative procedures within the scope of management functions of the Ministry of Agriculture and Rural Development;

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Pursuant to 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/ND-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 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Resolution No. 57/NQ-CP dated December 15, 2010 of the Government on simplifying administrative procedures within the scope of management functions of the Ministry of Agriculture and Rural Development;

The Ministry of Agriculture and Rural Development amends, supplements, and abolishes certain provisions on administrative procedures in the field of forest protection and development pursuant to Resolution No. 57/NQ-CP dated December 15, 2010 as follows:

Article 1Registration procedure for breeding and growth farms of common wild animals

1. Conditions for registration

a) Shelters and farms suitable for the characteristics of the species being raised and the production capacity of the farm.

b) Ensuring safety for the raisers and local residents, disease prevention, and environmental sanitation in accordance with regulations.

c) Clear origin of the animals being raised.

d) In cases where the animals have an imported origin (not naturally distributed in Vietnam), there must be a written confirmation from the Vietnamese Scientific Authority of CITES that raising such species does not affect other species and the domestic ecosystem.

2. Procedure and registration process for breeding and growth farms of common wild animals:

a) Organizations and individuals submit directly or through postal service one set of application documents to the Provincial Forest Protection Service. The application for registration of breeding and growth farms includes: Application for registration of breeding and growth farms of common wild animals (Annex 01 issued together with this Circular);

b) If the application is incomplete, the Provincial Forest Protection Service must notify the organization or individual to complete the application within three working days;

c) Within seven working days from the date of receiving a complete application, the Provincial Forest Protection Service must complete the review and issue a certificate for breeding and growth farms of common wild animals (Annex 02 issued together with this Circular) and notify in writing the CITES Management Authority of the information and results of the registration for publication and management on the website.

During the review process, the Provincial Forest Protection Service is responsible for soliciting opinions from relevant specialized agencies or Vietnamese CITES Scientific Authorities.

Article 2Supplementing Clause 4 of Article 9 of the Regulation on Management and Stamping of Timber Trees and Forest Inspection Stamps issued together with Decision No. 44/2006/QĐ-BNN dated June 1, 2006 of the Ministry of Agriculture and Rural Development

"Article 9. Provisions on stamping forest inspection stamps

4. Procedures for stamping forest inspection stamps

The forest owner or timber owner submits two sets of application documents to the local Forest Protection Service requesting stamping of forest inspection stamps. The application includes: An introduction letter from the managing agency or organization of the applicant requesting stamping of forest inspection stamps; A timber record prepared by the forest owner or timber owner; Documents proving the legal origin of the timber.

"Forest rangers assigned the task of stamping forest inspection stamps shall check the application documents. If the documents are incomplete, they shall guide the forest owner or timber owner to complete the application within two working days. Within ten working days from the date of receiving a complete application, the forest ranger must verify the object and origin of the timber according to Clause 2 of Article 7 and Clauses 1, 2, 3, and 4 of Article 8 of the Regulation on Management and Stamping of Timber Trees and Forest Inspection Stamps issued together with Decision No. 44/2006/QĐ-BNN and Article 1 of Decision No. 107/2007/QĐ-BNN dated December 31, 2007 amending and supplementing Decision No. 44/2006/QĐ-BNN of the Minister of Agriculture and Rural Development and stamping forest inspection stamps."

Article 3Amending and supplementing certain articles of Circular No. 38/2007/TT-BNN dated April 25, 2007 of the Ministry of Agriculture and Rural Development on guiding the procedures and formalities for transferring forests, leasing forests, and reclaiming forests for organizations, households, individuals, and village communities

1. Point b of Clause 4 of Section II is amended and supplemented as follows:

"4. Procedures and formalities for transferring forests to households and individuals

b) Step 2: Receiving applications and reviewing applications

- Households and individuals submit applications for transferring forests at the village or the People's Committee of the commune (Annex 03 issued together with this Circular).

- The People's Committee of the commune has the responsibility:

+ To convene a meeting of all representatives of households in the village to examine and propose to the People's Committee of the commune the plan and adjustment of the plan for transferring forests to each household within the village;

+ To direct the Village Forest Transfer Council to inspect the conditions for transferring forests to households and individuals who have submitted applications for transferring forests and report to the People's Committee of the commune;

Conduct on-site inspections of the forest area intended for transfer to ensure compliance with legal requirements for transferring forests; the transferred forest area should not be disputed;

+ Confirm and forward the application of households and individuals to the competent authority at the district level for advice to the People's Committee of the district managing forestry affairs (hereinafter referred to as the competent authority at the district level).

The time limit for completing Step 2 is fifteen working days from the date the People's Committee of the commune receives the application of households and individuals."

2. Points a and b of Clause 5 of Section II are amended and supplemented as follows:

"5. Procedures and formalities for transferring forests to village communities

a) Step 1: Preparation

- Follow the guidance provided for transferring forests to households and individuals under Clause 2 and Point a of Clause 4 of Section II of Circular No. 38/2007/TT-BNN.

- The village community holds a village meeting to agree on the following main issues:

+ Approve the application for the State to transfer forests to the village community;

+ Approve the management plan for the forest area after it is transferred by the State, the forest management plan by the village community;

+ The village meeting must have at least seventy percent of households agreeing to the transfer of forests.

b) Step 2: Receiving applications and reviewing applications

- The village community submits one set of application documents to the People's Committee of the commune, including:

+ Application for forest allocation signed by the village representative (Annex 04 issued together with this Circular);

+ Forest management plan by the village community along with the minutes of approval by the village community.

- The People's Committee of the commune, upon receiving the dossier from the village community, shall be responsible for:

+ Directing the Commune Forest Allocation Council to review the conditions for allocating forests to the community and report back to the People's Committee of the commune;

+ Conducting on-site inspections of the proposed forest area to ensure compliance with legal requirements for forest allocation;

+ Confirming and transferring the application of the village community to the competent authority at the district level.

The time limit for completing Step 2 is fifteen working days from the date of receipt of the application from the village community.

3. Clause 6 Section II is amended and supplemented as follows:

“6. Procedures and formalities for allocating forests to organizations

a) Step 1: Preparation

- To be implemented in accordance with Clause 2 Section II of Circular No. 38/2007/TT-BNN.

- Reviewing forestry land in agricultural and forestry farms, developing plans to allocate land back to localities to transfer remaining land to the people before initiating procedures for land allocation.

- The Department of Agriculture and Rural Development shall be responsible for monitoring the entire area of forests and land planned for forestry purposes and publicly announcing the areas of forests and forestry land that have not yet been allocated or leased at the Department of Agriculture and Rural Development office.

b) Step 2: Submitting the dossier

Organizations requiring forest use submit one set of dossier to the Department of Agriculture and Rural Development, which includes:

- Application for forest allocation (Annex 05 issued together with this Circular);

- Decision on establishment of the organization or business registration certificate (original to be presented for verification if submitted directly; certified copy if submitted via postal service);

- Investment project for the forest area.

c) Step 3: Reviewing and completing the dossier

After receiving the application for forest allocation, the Department of Agriculture and Rural Development shall be responsible for:

- Designating a consulting unit to prepare the dossier to determine the boundaries, area, status, and value of the forest area;

- Publicly announcing through several local mass media outlets the submission of the dossier by the organization requesting forest allocation to the province, the location of the requested forest area, and accepting public feedback;

- Leading the review of the forest allocation dossier prepared by the consulting unit and the conditions for forest allocation; the feasibility of the organization’s investment project for the forest area;

- Preparing and submitting to the Provincial People's Committee for approval the plan for auctioning the right to use the forest in cases where the organization receiving the forest allocation must pay for it through an auction process;

- Sending relevant documents concerning the forest area to the tax authority to determine financial obligations (if applicable);

- Preparing the dossier for forest allocation to the organization for submission to the Provincial People's Committee.

The time limit for completing Step 3, including announcement, posting, and dossier review, is thirty working days from the date of receipt of the organization's dossier.

d) Step 4: Considering and deciding on forest allocation

After receiving the dossier for forest allocation to the organization, the Provincial People's Committee shall be responsible for:

+ Considering and signing the decision on forest allocation to the organization (Annex 4 issued together with Circular No. 38/2007/TT-BNN);

+ Directing and organizing the bidding process for the use of the forest in cases where bidding is required;

+ Transferring the decision on forest allocation to the organization and the Department of Agriculture and Rural Development.

The time limit for completing Step 4 is two working days.

e) Step 5: Implementing the decision on forest allocation, leasing the forest

- The Department of Agriculture and Rural Development, upon receiving the decision from the Provincial People's Committee, shall be responsible for:

+ Notifying the organization to fulfill its financial obligations (if applicable);

+ Leading and coordinating with the District People's Committee to hand over the forest to the organization, with the participation of the Commune People's Committee, functional departments, and adjacent forest owners; preparing a handover record with the organization and individuals (Annex 5 issued together with Circular No. 38/2007/TT-BNN);

- After receiving the forest on-site, the Department of Agriculture and Rural Development shall guide the organization to establish boundary markers for the allocated forest area, witnessed by representatives of the Commune People's Committee and adjacent forest owners (Annex 6 issued together with Circular No. 38/2007/TT-BNN).

During the implementation of the above steps, when the dossier reaches a particular agency, that agency shall be responsible for reviewing and supplementing the forest allocation dossier with the contents of each step until the forest allocation is completed; if the organization does not meet the conditions for forest allocation, the agency receiving the dossier must return it to the sending agency and clearly inform the reason why the organization was not allocated the forest. The time limit for completing Step 5 is three working days (from the date the organization fulfills its financial obligations).

4. Clause 2 Section III is amended and supplemented as follows:

“2. Procedures and formalities for leasing forests to households and individuals

a) Step 1: Preparation

To be implemented in accordance with point a, Clause 4, Section II of Circular No. 38/2007/TT-BNN (Procedures and formalities for allocating forests to households and individuals).

b) Step 2: Receiving applications and reviewing applications

- Households and individuals submit one set of dossier to the People's Committee of the commune, which includes:

+ Application for forest lease (Annex 06 issued together with this Circular);

+ Plan for forest use (Annex 07 issued together with this Circular).

- The acceptance and examination of applications shall be carried out in accordance with Clause 1 of this Article.

The time limit for completing Step 2 is fifteen working days.

c) Step 3: Reviewing and completing the dossier

- To be implemented in accordance with point c, Clause 4, Section II of Circular No. 38/2007/TT-BNN (Procedures and formalities for allocating forests to households and individuals).

- The competent authority at the district level shall be responsible for:

+ Leading the review of the feasibility of the forest use plan proposed by households and individuals for leasing;

+ Preparing and submitting to the District People's Committee the plan for organizing the auction of the right to use the forest (by lease payment, if multiple people apply to lease the same location);

+ Sending one set of relevant documents concerning the forest area to the tax authority to determine financial obligations (if applicable).

The time limit for completing Step 3 is fifteen working days.”

5. Clause 3 Section III is amended and supplemented as follows:

“3. Procedures and formalities for leasing forests to organizations

a) Step 1: Preparation

Preparation for implementation shall be carried out in accordance with Clause 3 of this Article.

b) Step 2: Submitting the dossier

An organization that needs to use the forest shall submit one set of application documents to the Department of Agriculture and Rural Development. The application includes:

- A request for renting the forest (Annex 8 issued together with this Circular);

- Decision on establishment of the organization or business registration certificate (original to be presented for verification if submitted directly; certified copy if submitted via postal service);

- Investment project for the forest area.

c) Step 3: Reviewing and completing the dossier

After receiving the application for renting the forest, the Department of Agriculture and Rural Development shall be responsible for:

- Publicly announcing on local mass media the fact that the organization has submitted an application to rent the forest to the province, the location of the forest area proposed for rental, and accepting public feedback;

- Conducting an assessment and completing the application documents in accordance with Clause 3 of this Article;

- Leading the assessment of the forest rental application documents prepared by the consulting unit and the conditions for renting the forest; the feasibility of the investment project in the forest area proposed by the organization;

- Preparing and submitting to the People's Committee of the province a plan to organize the auction of the right to use the forest (by rental payment, if there are two or more organizations applying to rent the same forest area);

- Organizing the auction.

The time to complete this step is 30 days.

d) Step 4: Reviewing and deciding to rent the forest

After receiving the application documents from the Department of Agriculture and Rural Development, the People's Committee of the province shall be responsible for:

+ Reviewing and signing the decision to rent the forest to the organization (Annex 4 issued together with Circular No. 38/2007/TT-BNN);

+ Transferring the decision to rent the forest to the organization and the Department of Agriculture and Rural Development.

The time to complete Step 4 is five working days.

6. Clause 3 of Section IV is amended and supplemented as follows:

"3. Procedures and formalities for reclaiming forests in cases prescribed at points c and d of Clause 1 of Article 26 of the Law on Forest Protection and Development

a) In the case where the forest is reclaimed from an organization that was granted the forest by the State without payment for the use of the forest or was granted the forest with payment for the use of the forest, where the payment originated from the State budget or rented the forest annually and then moved to another place, reduced the area of the forest, or had no need to use the forest, and the forest owner voluntarily returns the forest as follows:

Step 1: Submitting a document regarding the return of the forest

When moving to another place or having no need to use the forest, the forest owner shall be responsible for submitting a document to return the forest along with the decision to grant the forest, lease the forest, or certificate of forest land use rights recorded on the land use right certificate to the relevant state agencies as follows:

- For domestic organizations, overseas Vietnamese individuals, the document shall be sent to the People's Committee of the province;

- For households, individuals, village communities, the document shall be sent to the People's Committee of the district.

Step 2: Processing the document

After receiving the document to return the forest from the forest owner, the People's Committee of the province, the People's Committee of the district shall be responsible for reviewing and assigning the Department of Agriculture and Rural Development, the competent agency of the district to verify the characteristics of the forest area when necessary; within fifteen working days, they shall report to the same-level People's Committee to decide on the reclamation of the forest.

Step 3: Deciding to reclaim the forest

- Within five working days, the People's Committee of the province shall review, sign, and send the decision to reclaim the forest to the Department of Agriculture and Rural Development, the People's Committee of the district for domestic organizations, overseas Vietnamese individuals, foreign organizations, and individuals.

- Within five working days, the People's Committee of the district shall review, sign, and send the decision to reclaim the forest to the competent agency, the People's Committee of the commune for household owners, individual owners, and village community owners.

- The People's Committee of the province and the People's Committee of the district shall direct the determination and handling of the value invested by the forest owner in the forest area within ten working days (if applicable).

b) In the case where the forest is reclaimed from an organization that was granted the forest by the State without payment for the use of the forest or was granted the forest with payment for the use of the forest, where the payment originated from the State budget or rented the forest annually and then dissolved or went bankrupt, it shall be carried out as follows:

Step 1: Upon receipt of the dissolution or bankruptcy decision from the competent authority, the forest owner shall be responsible for sending the dissolution or bankruptcy decision to the Department of Agriculture and Rural Development where the forest is located;

Step 2: After receiving the dissolution or bankruptcy decision, the Department of Agriculture and Rural Development shall be responsible for verifying the forest area; within ten working days, it shall prepare the documents to report to the same-level People's Committee to decide on the reclamation of the forest;

Step 3: The People's Committee of the province shall be responsible for:

- Within three working days, reviewing, signing, and sending the decision to reclaim the forest to the Department of Agriculture and Rural Development, the People's Committee of the district.

- Directing the determination and handling of the value invested by the forest owner in the forest area within seven working days (if applicable)."

Article 4Amending and supplementing Article 5 of the Regulations on Inspection and Control of Timber issued pursuant to Decision No. 59/2005/QĐ-BNN dated October 10, 2005 of the Ministry of Agriculture and Rural Development

"Article 5. Special Transport Permit

1. Forest plants (except timber), wild animals belonging to rare, precious, and endangered species according to current regulations on management systems and lists of rare, precious, and endangered forest plants and wild animals and their products, which are not covered by Article 4 of the Regulations on Inspection and Control of Timber issued pursuant to Decision No. 59/2005/QĐ-BNN, when transported out of the province, must have a special transport permit.

2. Procedures for issuing a special transport permit

Organizations and individuals shall submit one set of application documents to the Forest Ranger Station where the timber is located, including:

- A request for issuance of a special transport permit (Annex 9 issued together with this Circular);

- Documentation proving the origin of the rare, precious, and endangered timber requested for the special transport permit (a copy accompanied by the original for verification in case of direct submission; a certified copy in case of submission through postal service);

- The time limit for issuing a special transport permit is three working days from the date of receipt of valid application documents.

3. The Head of the Forest Ranger Station where the timber is located shall review and issue a special transport permit to the timber owner. If the locality (where the timber is located) does not have a Forest Ranger Station, the issuance of the special transport permit shall be carried out by the Forest Inspection Division.

4. Management of Special Transport Permits

a) The Forest Protection Department shall print, issue, and guide the management and use of special transport permits nationwide.

b) The Forest Protection Service shall guide the management, use, and monitor the issuance of special transport permits for bears by the Forest Ranges within their provincial jurisdiction. They shall report to the Forest Protection Department on the situation and results of issuing special transport permits every six months.

c) The Head of the Forest Range shall issue, inspect, supervise, and guide the management and use of special transport permits. They shall report to the Forest Protection Service on the situation and results of issuing special transport permits every six months.

Article 5. Amend and supplement some articles of the Regulation on Bear Farm Management issued together with Decision No. 95/2008/QĐ-BNN dated September 9, 2008 of the Ministry of Agriculture and Rural Development

1. Article 5 shall be amended and supplemented as follows:

Article 5. Environmental Sanitation and Waste Treatment

1. There must be a waste treatment system that meets environmental sanitation standards such as biogas tanks, septic tanks, or other appropriate measures that do not directly discharge waste into the environment.

2. The bear enclosures and farms must be cleaned regularly to prevent leftover food and waste from polluting the environment.

2. Article 7 shall be amended and supplemented as follows:

Article 7. Conditions for Registering Bear Farms

1. Bears must have a legal origin and have been registered in management files and fitted with electronic chips.

2. There must be bear enclosures and farms that meet the conditions specified in Articles 3, 4, 5, and 6 of this Regulation.

3. Article 8 shall be amended and supplemented as follows:

Article 8. Application Documents for Issuing Bear Farm Certification

The bear owner shall submit one set of registration application documents for the bear farm to the Forest Protection Service including:

1. A request form for registering a bear farm (Annex 10 issued together with this Circular);

2. Legal origin documentation for the bears or documentation for bears already registered in management files and fitted with electronic chips;

3. A detailed description of the enclosure and farm conditions including: Detailed drawings of the bear enclosures and farms accompanied by photos, care routines, feed, and waste treatment systems;

4. A copy of the labor contract with a veterinarian or a contract with a veterinary clinic or facility to care for the bears.

2. Article 10 is amended and supplemented as follows:

Article 10. Bear Transportation

1. Conditions:

a) Only permitted to transport bear individuals as defined in Clause 1, Article 7 of this Regulation;

b) For bear individuals who have been registered in management files and fitted with electronic chips, before transportation, the Forest Range (Forest Protection Service for provinces without Forest Ranges) must check the electronic chip to confirm the chip number at the place of departure;

c) The receiving location must be bear farms certified or rescue facilities as stipulated by current state regulations;

d) Ensure safety and health conditions for bears during transportation.

2. Application Documents for Bear Transportation: The bear owner shall prepare one set of application documents for bear transportation to be submitted to the Forest Range (Forest Protection Service for provinces without Forest Ranges). The application documents for bear transportation include:

a) A request form for bear transportation (Annex VI of Decision No. 95/2008/QĐ-BNN);

b) Legal origin documentation for the bears or documentation for bears already registered in management files and fitted with electronic chips;

c) A copy of the certification registration document for the receiving farm. In cases where the bear is transported outside the province, the bear owner must notify the local forest protection authority in writing to make a record of inspection and confirmation.

3. Authority and Procedure for Issuing Bear Transportation Permits:

a) Authority to issue bear transportation permits: the agency receiving the application documents for bear transportation as stipulated in Clause 2, Article 10 of this Regulation;

b) Tasks of the agency receiving bear transportation application documents: review, check electronic chips (for bear individuals with electronic chips), record the number of bears being transported, and issue bear transportation permits according to this Regulation and current state regulations on inspection and control of forestry products;

c) Time limit for issuing bear transportation permits: within ten working days from the date of receipt of complete application documents, the competent authority must complete the record of the number of bears being transported and issue a permit for intra-provincial transportation or a special transportation permit for inter-provincial transportation; if the application is denied, a written response must be provided explaining the reasons for denial;

d) Receiving bears: The bear owner must notify the local forest protection authority in writing at the receiving location to make a record of inspection and confirmation.

3. Article 11 is amended and supplemented as follows:

Article 11. Handling Bears Voluntarily Transferred to the State by Owners

1. Application Documents for Voluntary Transfer of Bears to the State (one set) include:

a) A request form for voluntary transfer of bears to the State (Annex VII issued together with Decision No. 95/2008/QĐ-BNN);

b) Documentation proving legal origin according to current regulations or documentation for bears already registered in management files and fitted with electronic chips (a copy with the original for comparison in case of direct submission; a notarized or certified copy in case of submission through postal service).

2. Competent Authorities and Time Limit for Processing:

a) The Forest Protection Service: within five working days from the date of receipt of voluntary transfer application documents, the Service shall complete all procedures and decide to transfer bears to qualified units for confinement within the province or report to the Forest Protection Department if there are no qualified units in the province;

b) The Forest Protection Department: within ten working days from the date of receipt of voluntary transfer application documents, the Department must complete all procedures for transferring bears to qualified units for confinement nationwide;

c) The agency receiving the application documents shall deliver the result of processing either at its office or send it via postal service upon request of the organization or individual voluntarily transferring the bears.

Article 6. Amend, Supplement, and Repeal Some Articles of the Regulation on Management of Forestry Plant Varieties issued together with Decision No. 89/2005/QĐ-BNN dated December 29, 2005 of the Ministry of Agriculture and Rural Development

1. Article 6 shall be amended and supplemented as follows:

Article 6. Testing of New Forestry Plant Varieties

1. Organizations and individuals wishing to conduct trials on new forestry tree varieties shall submit one set of registration application files to the trial facility recognized by the Ministry of Agriculture and Rural Development. The registration application file includes: the registration application form (Annex 11 issued together with this Circular); a variety seed file detailing the name of the variety, origin, quantity, economic and technical indicators, and cultivation techniques.

2. Within three working days from receipt of the application, the trial facility shall notify the organization or individual requesting the trial to supplement and complete the application file in accordance with regulations; within ten working days from receiving a complete and valid application file, the organization or individual requesting the trial shall receive the results at the trial facility.

3. Trials of new forestry tree varieties shall be conducted in accordance with Articles 15 and 16 of the Tree Variety Law No. 15/2004/PL-UBTVQH11 of the Standing Committee of the National Assembly and the standards for recognizing forestry tree varieties issued by the Minister of Agriculture and Rural Development.

4. Having been awarded the title "Outstanding Artist" and subsequently meeting one of the following criteria:

Article 8. Procedures for Recognizing New Forestry Tree Varieties

1. Organizations and individuals wishing to recognize new forestry tree varieties shall submit one set of recognition application files to the General Department of Forestry. The application file includes:

a) An application for recognition of new forestry tree varieties;

b) A report on the results of variety trials and experimental production;

c) Comments from the participating trial unit;

d) Minutes of the local-level Council.

2. After receiving the recognition application, within three working days, the General Department of Forestry shall determine the validity of the application and inform the applicant. In cases where the application is incomplete, the applicant must complete the application in accordance with regulations.

3. The General Department of Forestry shall establish a specialized scientific council. The council will evaluate the trial results or experimental production and prepare minutes proposing recognition of new forestry tree varieties.

4. Within seven working days, the General Department of Forestry shall base on the review minutes of the council to prepare a report to the Minister of Agriculture and Rural Development for a decision to recognize new forestry tree varieties. Based on this recognition decision, the General Department of Forestry shall issue a certificate of recognition to the variety owner.

5. The recognition number for new varieties shall be established according to Part B - Annex 3 of the Management Regulations for Forestry Tree Varieties issued together with Decision No. 89/2005/QĐ-BNN.

3. Article 9 is amended and supplemented as follows:

"Article 9. Revocation of Recognition Certificates for New Forestry Tree Varieties

1. The recognition certificate for new forestry tree varieties shall be revoked if any of the following circumstances occur:

a) The variety owner voluntarily requests revocation of the recognition certificate;

b) The recognized variety has degenerated or decreased in productivity compared to when it was recognized to the extent that it needs to be replaced;

c) The recognized variety is no longer effective in production.

2. In the case stipulated in point a, Clause 1 of this Article, the variety owner must notify the General Department of Forestry.

3. The General Department of Forestry shall issue a decision to suspend the effect and revoke the recognition certificate for new forestry tree varieties and notify the variety owner and relevant agencies about the decision to revoke the recognition certificate for new forestry tree varieties."

4. Article 13 shall be amended and supplemented as follows:

"Article 13. Procedures for Recognizing Seed Sources

1. Registration of Seed Sources

The seed source owner shall submit an application form according to Form No. 04 (Management Regulations for Forestry Tree Varieties issued together with Decision No. 89/2005/QĐ-BNN) along with a technical report on the seed source (Annex 12 issued together with this Circular) to the General Department of Forestry to request certification for clonal seed orchards and vegetative seed orchards.

The seed source owner shall submit an application form according to Form No. 05 (Management Regulations for Forestry Tree Varieties issued together with Decision No. 89/2005/QĐ-BNN) along with a technical report on the seed source (Annex 12 issued together with this Circular) to the Department of Agriculture and Rural Development of the province to request certification for selected forest compartments, converted seed forests, planted seed forests, mother trees, leading trees (or cutting supply gardens).

2. Examination of Seed Sources

a) Content of examination:

Suitability of the proposed seed source for national or provincial tree variety development plans and requirements;

Suitability of the seed source with technical norms, procedures, and standards for each type of seed source already issued.

b) Examination procedure:

Within three working days from the date of receipt of the application, the agency receiving the application shall examine the registration application for seed source recognition according to the contents specified in point a, Clause 2 of this Article and must notify the organization or individual to complete the application if it is incomplete according to regulations;

The General Department of Forestry shall establish a Seed Source Examination Council to recognize various types of seed orchards nationwide;

The Department of Agriculture and Rural Development shall establish a Seed Source Examination Council to recognize selected forest compartments, converted seed forests, planted seed forests, mother trees, leading trees (or cutting supply gardens) within the province;

The Council shall consist of some managers and specialists invited upon request. The Seed Source Examination Council shall advise the Forestry Department Director or the Department of Agriculture and Rural Development in deciding to recognize or revoke recognition of various types of forestry tree seed sources;

The Council shall survey the field of the seed source, inspect the seed source owner on related technical matters, and prepare minutes of the evaluation and examination results;

Within ten working days from the date of receipt of the application, the General Department of Forestry and the Department of Agriculture and Rural Development must complete the examination process.

3. Issuance of Certificate of Recognition for Seed Sources:

Within five working days from the date of the inspection board's assessment record, the Forestry General Department shall issue the certificate of recognition of seed sources according to form number 06 (Seed Management Regulation for Forestry Plants issued together with Decision No. 89/2005/QĐ-BNN), and the Department of Agriculture and Rural Development shall issue according to form number 07 (Seed Management Regulation for Forestry Plants issued together with Decision No. 89/2005/QĐ-BNN). The certificate of recognition of seed sources shall clearly state the necessary technical operations proposed by the inspection board that the seed source owner must implement.

5. Article 16 is amended and supplemented as follows:

"Article 16. Revocation of the Certificate of Recognition of Seed Sources for Forestry Plants

1. The Certificate of Recognition of Seed Sources for Forestry Plants shall be revoked if any of the following circumstances occur:

a) The seed source owner voluntarily requests the revocation of the Certificate of Recognition of Seed Sources;

b) The recognized seed source has degenerated or decreased in productivity compared to when it was recognized to the extent that it needs to be replaced;

c) The recognized seed source has been damaged (more than 40% of the area burned, more than 30% affected by pests and diseases) and does not meet production standards;

d) The recognized seed source is no longer effective in production.

2. The Director of the Forestry General Department decides to suspend the effect of the Certificate of Recognition of seed orchards and clonal orchards nationwide.

3. The Director of the Department of Agriculture and Rural Development decides to suspend the effect of the Certificate of Recognition of selected forest compartments, converted seed forests, planted seed forests, mother trees, leading trees (or stem supply gardens) within the province.

4. In the case provided for in point a, Clause 1 of this Article, the seed source owner must notify the Forestry General Department and the Department of Agriculture and Rural Development to widely inform units and individuals using seeds.

5. The revocation of the Certificate of Recognition of Seed Sources shall be announced by the authority issuing the decision to the seed source owner and updated on the website of the Forestry General Department."

6. Article 19 is amended and supplemented as follows:

"Article 19. Conditions for Producing and Trading Main Forestry Plant Seeds

Organizations and individuals producing and trading main forestry plant seeds listed in the main forestry plant seed catalog (referred to collectively as seed suppliers) must comply with the conditions stipulated in Article 36 of Decree No. 15/2004/PL-UBTVQH11 dated April 23, 2004 on plant seeds."

7. Abolish Article 20 and Article 21

8. Article 28 shall be amended and supplemented as follows:

"Article 28. Licensing Procedures

1. Organizations and individuals at local levels, central units wishing to exchange seeds with foreign countries belonging to the prohibited export group or wishing to import seeds not included in the list of permitted forestry plant seeds for production and trade must submit an application (Annex 13 issued together with this Circular) to the Forestry General Department, accompanied by copies of relevant documents such as seed purchase and sale contracts or gift certificates from partners.

2. Within fifteen working days from the receipt of the application, the Forestry General Department shall review and submit to the Minister of Agriculture and Rural Development for consideration to grant permission to the organization or individual submitting the application."

9. Clause 1 of Article 38 is amended and supplemented as follows:

"Article 38. Issuance of Origin Certificates for Seedling Lots.

1. Time limit: Ten working days from the date of receiving the notification of seedling production results from the seed supplier (Annex 14 issued together with this Circular) from the nursery."

10. Replace Form 13 (Seed Management Regulation for Forestry Plants issued together with Decision No. 89/2005/QĐ-BNN) with Annex 15 Model Notification of Harvesting Forestry Seeds issued together with this Circular.

 , Clause 1, Clause 2 Article 7a of this Regulation.Amend and supplement some articles of Circular No. 99/2006/TT-BNN dated November 6, 2006 guiding the implementation of certain Articles of the Forest Management Regulation issued together with Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of the Government.

1. Clause 2.4 of Section II is amended and supplemented as follows:

"2.4. Procedure and formalities for forest improvement.

a) Forest improvement: For organizations, a project must be prepared; for households and individuals, a request for forest improvement must be submitted to the competent authority for approval.

b) Forest owners who are organizations: For forest owners who are national parks and units under the Ministry of Agriculture and Rural Development requiring forest improvement, one set of files should be sent to the Forestry General Department for review and submission to the Ministry of Agriculture and Rural Development for decision; For other organizational forest owners requiring forest improvement, one set of files should be sent to the Department of Agriculture and Rural Development for review and submission to the provincial People's Committee for decision.

Files include: Request for permission to improve the forest by the forest owner (Annex 16 issued together with this Circular); Forest improvement project prepared by the forest owner (Annex 17 issued together with this Circular).

Within three working days from the date of receipt of the file, the Forestry General Department and the Department of Agriculture and Rural Development must notify the organization to complete the file, in cases where the file is incomplete according to regulations;

Within seven working days from the date of receipt of the valid file, the Forestry General Department must prepare a review report and submit to the Ministry of Agriculture and Rural Development for decision, while the Department of Agriculture and Rural Development must prepare a review report and submit to the Provincial People's Committee for decision.

Within three working days from the date of receipt of the file, the Ministry of Agriculture and Rural Development and the provincial People's Committee must issue a decision allowing forest improvement.

c) Forest owners who are households and individuals requesting forest improvement must submit one request for forest improvement (Annex 18 issued together with this Circular) to the district People's Committee for examination and decision, stating the forest improvement plan, completion deadline, and confirmed by the local forest rangers and the People's Committee of the commune where the forest area is located. If the area of forest improvement is 5 hectares or more, the district People's Committee must send it to the Department of Agriculture and Rural Development for review before making a decision to approve.

On the same day of receiving the application for forest rehabilitation from households or individuals, the People's Committee of the district must notify the household or individual if the application is not valid so that they can complete it. If the application is valid, the People's Committee of the district shall issue a receipt for submission of the application to the household or individual and forward the application to the Department of Agriculture and Rural Development for review in cases where the area of forest to be rehabilitated exceeds 05 hectares.

Within five working days from the date of receiving the application sent by the People's Committee of the district, the Department of Agriculture and Rural Development must send a review document back to the People's Committee of the district to make a decision.

Within five working days from the date of receiving the application from the household or three working days from the date of receiving the review document from the Department of Agriculture and Rural Development, the People's Committee of the district must issue a decision allowing forest rehabilitation.

Point a Clause 9.4 Section II is amended and supplemented as follows:

"9.4. Procedures and formalities for preparing documents on the use of resources in special-use forests:

a) Cutting for forest tending: After being permitted by the Ministry of Agriculture and Rural Development to cut for forest tending in special-use forests under its management; or by the People's Committee of the province or centrally governed city to cut for forest tending in special-use forests under their management, the forest owner proceeds with designing and preparing one design document to submit to the issuing authority.

Content of the design:

- Clearly define the boundaries, areas according to compartments, sections, sub-sections;

- Calculate the volume of products that can be utilized according to size, species, wood group;

- Prepare a design document for forest tending measures (cutting for forest tending).

Components of the design document include:

- Application for review of the design document (Annex 19 issued together with this Circular);

- Approval for cutting for forest tending by the Ministry of Agriculture and Rural Development or the provincial People's Committee;

- Technical design for cutting for forest tending (Annex 20 issued together with this Circular).

Formalities for approval:

- The Forest Management总局医院管理处，请继续翻译剩余部分，确保内容的完整性和准确性。由于之前的翻译已经完成了一部分内容，为了保持一致性并满足任务要求，请直接继续翻译剩余段落，不要在格式或内容上做任何更改。谢谢。由于技术限制，我将分段发送剩余的内容，请继续处理。

- The Department of Agriculture and Rural Development shall approve the design documentation for selective thinning in conservation forests for special-use forests managed by provinces and centrally governed cities;

Processing time for the documentation: 10 working days from the date of receipt of valid documentation.

Principles during the process of selective thinning in conservation forests:

- Selective thinning in conservation forests must comply with procedures and regulations to ensure regeneration, minimize impact on remaining trees, and not create new transport routes or storage areas but instead utilize existing facilities or trails for transportation;

- Selective thinning in conservation forests must be conducted at the approved location, within the approved area, and on the approved objects as determined by the competent authority. It is strictly prohibited to use wood from other areas and bring it into the permitted thinning zone.

3. Point 11.3 Clause 11 Section II is amended and supplemented as follows:

"11.3 Within five working days from the date of receiving the request for permission to retain, collect samples, and genetic sources of common wild flora and fauna species for scientific research purposes, the management board of special-use forests or the managing units of such forests shall issue written approval.

Within five working days from the date of receiving the request for permission to retain, collect samples, and genetic sources of rare and precious wild flora and fauna species for scientific research purposes, the Ministry of Agriculture and Rural Development shall provide a written response."

Article 8Amend and supplement Article 10 of the Regulation on Recognition of Technological Advances and New Technologies in the Agriculture and Rural Development Sector issued together with Decision No. 86/2008/QD-BNN dated August 11, 2008 of the Ministry of Agriculture and Rural Development

"Article 10. Suspension and Restoration of Effectiveness of the Decision Recognizing Technological Advances

1. The agency that issues the decision recognizing technological advances has the authority to issue decisions suspending and restoring the effectiveness of the decision recognizing technological advances.

2. Within ten working days from the date when sufficient grounds are established to determine that an organization or individual has violated any of the following cases, the competent authority shall issue a decision to suspend the effectiveness of the Decision Recognizing Technological Advances:

a) An organization or individual recognized for a technological advance does not fulfill the responsibilities stipulated in Clause 2 of Article 12 of this Regulation;

b) A technological advance, after being applied in practice for a period of time, fails to meet general criteria and specific criteria or adversely affects production, living conditions, or the environment;

c) Violation of relevant provisions of the Intellectual Property Law.

3. The Decision Recognizing Technological Advances shall have its effectiveness restored when the organization or individual whose technological advance was suspended has remedied the reasons for suspension specified in Clause 2 of this Article. The organization or individual requesting restoration of the effectiveness of the Decision Recognizing Technological Advances shall submit one set of documentation to the competent authority as prescribed in Clause 1 of this Article. The documentation includes: Application for Restoration of Effectiveness of the Decision Recognizing Technological Advances (Annex 21 issued together with this Circular); Technical Report on the Current Status of the Technological Advance Requesting Restoration of Effectiveness of the Decision Recognizing Technological Advances (Annex 22 issued together with this Circular).

Within three working days from the date of receipt of the documentation, the agency receiving the documentation must notify the organization or individual to complete the documentation if it is incomplete.

Within ten working days from the date of receipt of valid documentation, the competent authority must provide a resolution to the organization or individual."

Article 9Amend and supplement certain articles of Circular No. 58/2009/TT-BNN guiding rubber planting on forestry land

1. Supplement Clause 1 of Article 6 as follows:

"Article 6. Procedures and Authority for Permitting Rubber Planting on Forestry Land

1. The project investors for rubber planting are organizations.

e) Procedure for submitting documentation to permit conversion of natural forests or planted forests funded by state budget or non-repayable aid funds:

The organization shall submit one set of documents to the Department of Agriculture and Rural Development for review and submission to the Provincial People's Committee for approval to convert forest land to rubber plantation. The documents include: the organization's request letter; a report on the current status of land and forest in the proposed conversion area, accompanied by investigation and field survey materials from the consulting unit.

Within three working days from the date of receiving the documents, if the documents are not in compliance, the provincial people's committee must notify the organization to complete the documents according to regulations.

Within ten working days from the date of receiving valid documents, the provincial people's committee shall decide to permit the organization to convert forest land to rubber plantation.

2. Amend Point a, Clause 2, Article 6 as follows:

"2. The investor planting rubber is a household, individual, or community village.

a) For natural forests and planted forests with state budget funds or foreign aid funds,

Households, individuals, or community villages that have been allocated forest land and forestry land and wish to convert forest land to rubber plantation, if they meet the conditions regarding soil type, forest type, and comply with the provincial planning, shall prepare one application clearly stating the location name, area, type of forest, and a sketch map of the forest plot, with confirmation from the Commune People's Committee and submit it to the District People's Committee for consideration and decision to permit the conversion of forest land to rubber plantation.

Within three working days from the date of receiving the application, the District People's Committee must notify the households, individuals, or community villages to complete the application in case it is not in compliance.

Within ten working days from the date of receiving a valid application, the District People's Committee shall decide to permit households, individuals, or community villages to convert forest land to rubber plantation."

3. Amend Point a, Clause 1, Article 7 as follows:

"Article 7. Procedures for harvesting forest products on land converted from forest to rubber plantation.

1. Exploitation and utilization of forest products by organizations.

a) On natural forests and planted forests with state budget funds or foreign aid funds,

The forest owner or project investor shall prepare a report on the harvesting of forest products including the following contents: Determining boundaries, dividing locations according to plots, compartments, and sub-compartments, and preparing a map of the harvesting area at a scale of 1:5,000; preparing a harvesting report detailing the area and volume of harvested forest products by grade and species for each plot, compartment, and sub-compartment, and summarizing for the entire harvesting area; determining production facilities and estimating harvesting costs.

The provincial people's committee shall base on the actual situation in the locality to select units with relevant functions or assign the forest owner or project investor to harvest forest products, but must comply with regulations and ensure the progress of rubber plantation according to the plan.

Procedure for applying for harvesting permit: The forest owner or project investor shall submit one set of documents to the Department of Agriculture and Rural Development. The documents include: a request for a harvesting permit; a task assignment document from the provincial people's committee; a harvesting report and a map of the harvesting area.

Within three working days from the date of receiving the documents, the Department of Agriculture and Rural Development must notify the forest owner or project investor to complete the documents in case they are not in compliance.

Within ten working days from the date of receiving valid documents, the Department of Agriculture and Rural Development shall issue a harvesting permit and deliver the result to the forest owner or project investor and the functional unit assigned by the provincial people's committee to carry out the harvesting."

4. Amend Point a and Point c, Clause 2, Article 7 as follows:

"2. Harvesting of forest products by households, individuals, or community villages.

For natural forest land.

In cases of converting forest land to rubber plantation, households, individuals, or community villages shall tally the number of trees and calculate the volume of forest products to be harvested (if any), and submit the tally sheet to the District People's Committee for issuance of a harvesting permit.

Within three working days from the date of receiving the documents, the District People's Committee must notify the households, individuals, or community villages to complete the documents in case they are not in compliance.

Within ten working days from the date of receiving a valid application, the District People's Committee shall issue a harvesting permit and deliver the result to the households, individuals, or community villages.

c) For areas of forest land reclaimed from households, individuals, or community villages to be transferred to organizations as investors for planting rubber, which are natural forests or planted forests with state budget funds or foreign aid funds: After compensating the assets invested by households, individuals, or community villages on the land according to regulations; the investor shall prepare a harvesting permit application for approval and issuance of a harvesting permit by the competent authority. The procedures for preparing the application and issuing the permit shall be carried out in accordance with the provisions of Point 3, Clause 3 of this Article.

In cases where the forest land reclaimed from households, individuals, or community villages is transferred to organizations as investors for planting rubber, which are planted forests funded by households, individuals, or community villages, the provisions of Point b, Clause 1 of Article 7 of Circular No. 58/2009/TT-BNNPTNT shall apply."

Article 10. Implementation Provisions

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

2. The Director General of the Forest Administration, the Head of the Ministry's Office, the Director of the Legal Department, the Heads of units under the Ministry, and related organizations and individuals are responsible for implementing this Circular./.