CIRCULAR

Regulations on monitoring forest conditions and land planned for forest development

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 23/2006/NĐ-CP dated March 3, 2006 of the Government on implementing the Law on Forest Protection and Development;

At the proposal of the Director General of the Forest Administration;

The Minister of Agriculture and Rural Development issues this Circular on regulations for monitoring forest conditions and land planned for forest development,

PART I

GENERAL PROVISIONS

    Article 1.Scope of application

This Circular stipulates the monitoring of forest conditions and land planned for forest development (including: special-use forest planning land, protective forest planning land, production forest planning land).

          Article 2. Applicability

This Circular applies to state management agencies in forestry; forest owners and agencies, organizations, and individuals related to the task of monitoring forest conditions and land planned for forest development.

Article 3. Objectives and requirements for monitoring forest conditions and land planned for forest development

1. Objective

Monitoring forest conditions aims to determine the current area of various types of forests and land planned for forest development; to identify the changes in areas of each type of forest and each forest owner to serve the work of drafting plans and programs in managing, protecting, and developing forests, and to serve the payment for forest environmental services.

2. Requirements

a) The basic unit for updating forest conditions is a forest plot, which is aggregated according to compartments and small forest zones for each forest owner and compiled according to administrative levels such as commune, district, province, and nationwide, ensuring consistency between map data and field data. The unit of measurement for forest area is hectare (ha), rounded to two decimal places.

b) Update the monitoring of forest conditions and land planned for forest development when there are changes in the status of forests and land planned for forest development, forest owners and organizations entrusted with forest management, purposes of forest use, and reasons for change; ensuring accurate and objective reflection of the current areas of various types of forests and land planned for forest development; timely reflecting changes in forest conditions and land planned for forest development; publishing the results of monitoring forest conditions and land planned for forest development annually.

c) Utilize necessary surveying and updating equipment including personal computers, satellite positioning devices, tablets to delineate forest plots and land planned for forest development that have changed. The level of delineation and updating on maps should be at least 0.1 hectares. In cases where the plot area is less than 0.1 hectares, it should be combined with adjacent plots of the same forest owner or organization entrusted with forest management.

d) Use the results of the comprehensive forest inventory and census from 2013 to 2016 as the original database for monitoring forest conditions and land planned for forest development, integrated into the central monitoring database located at the Forestry General Department (referred to as Central Database). Use the software for updating forest conditions issued by the Ministry of Agriculture and Rural Development and organized by the Forestry General Department to update information on changes in forests and land planned for forest development. Data published in the previous year serves as the basis for monitoring changes in forests and land planned for forest development in the following year.

Chapter II

CONTENTS AND METHODS FOR MONITORING FOREST CONDITIONS AND

LAND PLANNED FOR FOREST DEVELOPMENT

Article 4. Monitoring changes in forest area and land planned for forest development according to status

          1. Monitoring changes in forest area

a) Natural forests and planted forests.

b) Forests on soil mountains, forests on rocky mountains, flooded forests, forests on sand.

c) Timber forests, bamboo and rattan forests, mixed timber and bamboo forests, mixed bamboo and timber forests, palm and coconut forests.

          2. Monitoring changes in land planned for forest development

a) Land that has been planted with forests but has not yet met the criteria for becoming a forest.

b) Land with regenerating trees but has not yet met the criteria for becoming a forest.

          c) Land with shrubs, grass cover.

d) Rocky mountains.

          đ) Land with agricultural crops and aquaculture.

          e) Other land.

Article 5. Monitoring changes in forests and land planned for forest development according to forest owners and organizations entrusted with forest management

1. Monitoring changes in forest area and land planned for forest development for forest owners:

a) Special-use forest management board.

          b) Protective forest management board.

c) Economic organizations.

          d) Scientific and technological development organizations, training and vocational education institutions in forestry.

đ) Foreign-invested enterprises.

e) Armed units.

g) Households and individuals.

h) Community residents.

i) Other organizations.

2. Monitoring changes in forest area and land planned for forest development that have not been assigned or leased, managed by the People's Committee of the commune or other organizations entrusted with forest management.

Article 6. Monitoring changes in forests and land planned for forest development according to forest use purposes

1. Special-use forests and land planned for special-use forests.

2. Protective forests and land planned for protective forests.

3. Production forests and land planned for production forests.

4. Forests within the three types of forests planning approved by competent authorities to change their use purpose to another purpose, but have not yet completed the procedures for changing use purpose as prescribed; forests formed on land not suitable for the forest protection and development plan.

Article 7. Monitoring changes in forests and land planned for forest development according to causes

1. Increase in forest area

a) Planting forests.

b) Planted forests meeting the criteria for becoming a forest.

c) Regeneration enclosure meeting the criteria for becoming a forest.

d) Due to other reasons.

2. Decrease in forest area

a) Logging.

b) Illegal logging.

c) Forest fires.

d) Illegal deforestation, encroachment on forest land.

đ) Changing the use purpose of forests and land planned for forest development to another purpose.

e) Changes due to other reasons (forest pests and diseases, tornadoes, droughts, floods, landslides, snowstorms...).

Article 8. Collecting and updating information on changes in forests and land planned for forest development

1. Preparation work

a) Files, documents, data related to changes in forests and land planned for forest development.

b) Necessary equipment and tools for mapping, including satellite positioning devices, tablets.

c) Software for updating forest changes, storing database and current forest maps from the previous year to update information on changes, create maps, compile and report the current status results for the monitoring year.

2. Collecting and updating information on changes

a) Forest owners are responsible for updating information and reporting when there are changes in forests and land planned for forest development within the area they manage.

b) Forestry rangers responsible for the commune area receive, collect and verify information on changes in forests and land planned for forest development reported by forest owners; collect information on changes in forests and land planned for forest development for areas managed by the People's Committee of the commune or other organizations entrusted with forest management; conduct field mapping of changes; compile files on changes in forests and land planned for forest development, report to the People's Committee of the commune and the County Forest Ranger Station.

c) The County Forest Ranger Station checks the files on forest and land planned for forest development changes reported by the forestry rangers responsible for the commune area; updates changes into the Forest Change Update Software and synchronizes the updated results to the Central Database; compiles the results and reports to the County People's Committee and the Provincial Forest Ranger Service.

d) The Provincial Forest Ranger Service checks and evaluates the completeness of documents, data, databases, and results of forest and land planned for forest development changes reported by the County Forest Ranger Station; compiles the results of monitoring changes in forests and land planned for forest development throughout the province.

3. Content of collecting information on forests and land planned for forest development as stipulated in Articles 4, 5, 6, and 7 of this Circular.

Article 9. Results of monitoring forest and land development planning dynamics

The results of monitoring forest and land development planning dynamics are processed in the Forest Dynamics Update Software, including:

1. Digital maps at various levels:

a) Commune level: minimum scale of 1/10,000, reference system VN2000;

b) District level: scale of 1/50,000, reference system VN2000;

c) Provincial level: scale of 1/100,000, reference system VN2000;

d) National level: scale of 1/1,000,000, reference system VN2000.

2. A system of summary result tables at various levels (commune, district, province, and national) for reporting, approval, and publication of the results of monitoring forest and land development planning dynamics, including:

a) Table 01/MĐSD. Area of forests and land development planning classified by purpose of use;

b) Table 02/LCR. Area of forests and land development planning classified by type of forest owner and organization entrusted with forest management;

c) Table 03/ĐCPR. Summary of forest cover;

d) Table 04/NNBĐ. Summary of changes in area of forests and land development planning by causes;

e) Detailed forms of the results of monitoring forest and land development planning as specified in the Appendix to this Circular.

Article 10. Approval and Publication of Results of Monitoring Forest and Land Development Planning Dynamics

1. Documents for approval of results

a) Petition for approval of results of forest and land development planning dynamics along with the summary result tables as stipulated in Clause 2, Article 9 of this Circular;

b) Report on the situation of forest and land development planning dynamics, analysis of reasons for increases and decreases in forest and land development planning areas during the period compared to the same period of the previous year;

c) Database for monitoring forest and land development planning dynamics, including current status maps of forests and map attribute information (digital form).

2. Approval and Publication of Results

a) At local level: The Forest Protection Service prepares the documents for approval of results as stipulated in Clause 1 of this Article, submits them to the Department of Agriculture and Rural Development for approval of the results of monitoring forest and land development planning dynamics of the locality before January 31 of the following year;

b) At central level: The Central Forest Protection Service prepares the documents for approval of results as stipulated in Clause 1 of this Article, reports to the Forestry General Department for the Ministry of Agriculture and Rural Development to publish the current status of forests and land development planning nationwide before March 31 of the following year.

Article 11. Management, Storage, and Utilization of Data from Results of Monitoring Forest and Land Development Planning Dynamics

1. Management and storage of results of monitoring forest and land development planning dynamics

a) Data from results of monitoring forest and land development planning dynamics (paper and digital forms) as stipulated in Article 9 are managed and stored annually and long-term;

b) Paper data of commune level are managed and stored at the People's Committee of the commune and the Forest Protection Station. Digital data results are managed and stored at the district, provincial, and Forestry General Department levels;

c) Paper data of district level are managed and stored at the Forest Protection Station and the Provincial Forest Protection Service;

d) Paper data of provincial level are managed and stored at the Provincial Forest Protection Service, the Department of Agriculture and Rural Development, and the Forestry General Department;

đ) National paper data are stored at the Central Forest Protection Service and the Forestry General Department. Digital data results are integrated into the database on the Forestry Sector Information System located at the Forestry General Department.

2. Utilization of results of monitoring forest and land development planning dynamics

a) Data results of commune, district, and provincial levels are published on the electronic portal of the Department of Agriculture and Rural Development;

b) Data results of monitoring forest and land development planning dynamics nationwide are published on the websites of the Central Forest Protection Service, the Forestry General Department, the Ministry of Agriculture and Rural Development, and the Forestry Sector Information System;

c) The utilization of results of monitoring forest and land development planning dynamics is carried out according to the Regulation on Management and Use of the Forestry Sector Information System issued by the Ministry of Agriculture and Rural Development.

Chapter III

IMPLEMENTATION

Article 12. Responsibilities of Forest Owners and Relevant Agencies

1. Responsibilities of Forest Owners

a) Organizational forest owners are responsible for organizing the monitoring of forest and land development planning dynamics within the assigned area according to the guidance of the Forest Protection Station, updating information on dynamics and providing it to the Forest Protection Station;

b) Individual and community forest owners are responsible for updating information on changes and providing it to the Forest Protection Officer in charge of the commune.

2. Responsibilities of the District-level Forest Protection Station

a) Advising the Chairman of the People's Committee of the district to direct the implementation of monitoring forest and land development planning dynamics in the district;

b) Guiding, inspecting, and urging forest owners to organize the monitoring of forest and land development planning dynamics within the assigned area;

c) Assigning tasks to the Forest Protection Officer in charge of the commune to advise the Chairman of the People's Committee of the commune to organize the monitoring of forest and land development planning dynamics in the commune; guiding, inspecting, and urging forest owners and organizations entrusted with forest and land development planning management to report information on changes in forests and land development planning areas as prescribed;

d) Summarizing the results of forest and land development planning dynamics and reporting to the Provincial Forest Protection Service and the People's Committee of the district before January 10 of the following year.

In cases where a District-level Forest Protection Station has not been established, the Provincial Forest Protection Service is responsible for organizing the implementation of work related to monitoring forest and land development planning dynamics.

đ) Managing and storing monitoring records of forest and land development planning dynamics as stipulated in Article 11 of this Circular.

3. Provincial-level Forest Protection Service

a) Advising the Department of Agriculture and Rural Development to submit to the People's Committee of the province for issuance of directives to guide all levels and sectors in implementing the monitoring of forest and land development planning dynamics in the province.

b) Organize the implementation and direct, inspect, urge, and provide professional guidance to forest rangers at the district level, forest rangers at the commune level, forest owners, and organizations entrusted with forest management to monitor changes in forests and land designated for forest development as stipulated.

c) Manage the storage of files monitoring changes in forests and land designated for forest development in accordance with Article 11 of this Circular.

4. Department of Agriculture and Rural Development

a) Submit to the Provincial People's Committee for issuance of directives and organize inspections, urging the District People's Committees, communes, forest owners, and organizations entrusted with forest management to implement tasks related to monitoring changes in forests and land designated for forest development within their respective provinces.

b) Organize inspections, supervision, and urging the implementation of monitoring changes in forests and land designated for forest development in local areas.

c) Direct the Forest Protection Service to coordinate with relevant units to organize monitoring changes in forests and land designated for forest development throughout the province.

d) Approve the results of monitoring changes in forests and land designated for forest development in the province, report to the Provincial People's Committee and the Ministry of Agriculture and Rural Development before January 31 of the following year.

5. Forestry General Department

          a) Advise the Ministry of Agriculture and Rural Development on issuing directives, organizing inspections, urging localities to implement tasks related to monitoring changes in forests and land designated for forest development nationwide.

b) Assign tasks to the Forest Protection Bureau to inspect, urge, guide, and organize the implementation of monitoring changes in forests and land designated for forest development nationwide.

c) Organize the deployment of software for updating forest changes, technical procedures for updating forest change software, and provide guidance to localities to ensure consistent and uniform use of the forest change update software nationwide.

d) Compile national results of forest changes and land designated for forest development, prepare files to submit to the Minister of Agriculture and Rural Development for publication of the current status of forests and land designated for forest development nationwide.

đ) Edit and publish national documentation on the current status of forests and land designated for forest development, announce on the government website and the forestry information system, ensuring effective and compliant utilization.

e) Manage the storage of national database on forest changes and land designated for forest development.

          Article 13. Implementation Provisions

1. This Circular takes effect from January 1, 2018.

Directive No. 32/2000/CT/BNN-KL dated March 27, 2000 of the Minister of Agriculture and Rural Development on organizing the monitoring of changes in forests and land in the forestry sector nationwide; Decision No. 78/2002/QĐ-BNN-KL dated August 28, 2002 of the Ministry of Agriculture and Rural Development on issuing technical regulations for monitoring changes in forests and land in the forestry sector among forest protection forces become invalid upon the effectiveness of this Circular.

          2. During the implementation process, if there are difficulties or obstacles, localities, organizations, and individuals are requested to promptly report and reflect to the Ministry of Agriculture and Rural Development for review, amendment, and supplementation./.