Circular No. 28/2018/TT-BNNPTNT on sustainable forest management

CIRCULAR

REGULATIONS ON SUSTAINABLE FOREST MANAGEMENT

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;amendduties, functions, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Forestry Law dated November 15, 2017;

At the proposal of the Department,thereof The General Director of the Forest Administration;

The Minister of Agriculture and Rural Development promulgates this Circular on sustainable forest management.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed contents of the sustainable forest management plan; procedures and formalities for drafting, approving the sustainable forest management plan; criteria for sustainable forest management and certification of sustainable forest management.

Article 2. Applicability

This Circular applies to organizations and forest owners involved in activities related to drafting, approving, and implementing the sustainable forest management plan, criteria for sustainable forest management, and certification of sustainable forest management.

Article 3. Drafting, Implementing, and Adjusting the Sustainable Forest Management Plan

1. Forest owners shall be responsible for drafting and implementing the sustainable forest management plan in accordance with Clause 1 of Article 27 of the Forestry Law.

2. Forest owners may draft the sustainable forest management plan themselves or hire consulting units to draft it.

Article 4. Documents, Materials, and Maps for Drafting the Sustainable Forest Management Plan

1. Documents, materials, and maps for drafting the sustainable forest management plan must have legal sources and remain valid for application.

2. Documents, materials, and maps are collected through direct surveys or inherited from existing documents, materials, and maps up to the time of drafting the sustainable forest management plan. Any changes must be investigated, statistically analyzed, and updated accordingly.

3. Types of maps and map scales for the sustainable forest management plan:

b) Map scale: 1/5,000 or 1/10,000 or 1/25,000 or 1/50,000 based on the Vietnam 2000 reference system, chosen by the forest owner according to the scale suitable for the size of the forest area.

Chapter II

CONTENTS OF THE SUSTAINABLE FOREST MANAGEMENT PLAN

Article 5. Contents of the Sustainable Forest Management Plan for Special Purpose Forests

1. Assess natural conditions, socio-economic conditions, national defense, security; current status of forest ecosystems, biodiversity, historical-cultural relics, landscape:

a) Assess the current status of land use, forests, forest ecosystems, biodiversity, historical-cultural relics, and landscapes within the forest area; assess natural conditions such as geographical location, topography, climate, hydrology, soil, and socio-economic conditions based on statistical data;

b) Summarize demographic characteristics, labor force, ethnic groups, average annual income per capita according to Model No. 01 of Appendix VII attached to this Circular;

c) Summarize and evaluate the current status of infrastructure for transportation according to Model No. 02 of Appendix VII attached to this Circular;

d) Summarize and evaluate the current status of land use by the forest owner from the latest land statistics or inventory at the commune level near the year of drafting the sustainable forest management plan according to Model No. 03 of Appendix VII attached to this Circular;

e) Summarize and evaluate the current status of forests, forest stock from results of investigation, inventory, monitoring of forest changes according to Model No. 04 and Model No. 05 of Appendix VII attached to this Circular;

f) Evaluate the diversity of forest plant and animal species; identify endangered, precious, rare, endemic forest plant and animal species and their habitats; determine degraded forest ecosystems that need recovery and areas of landscape that need protection and compile a list of forest plant and animal species according to Models No. 06, 07, 08, and 09 of Appendix VII attached to this Circular.

2. Determine objectives and scope of sustainable forest management during the implementation phase:

a) Regarding the environment: determine the total area of protected forests, forest coverage, area of degraded forests needing recovery; protect forest ecosystems, biodiversity, endangered, precious, rare, endemic forest plant and animal species; develop and conserve native tree species; reduce forest fire incidents and violations of forestry laws;

b) Regarding society: address employment, increase income for workers; stabilize livelihoods of people living in buffer zones; enhance awareness of sustainable forest management; gradually improve infrastructure systems;

c) Regarding economy: determine sustainable financial sources from activities such as payments for forest environmental services, eco-tourism, resort, entertainment, renting forest environments, fees, and charges; timber yield from planted research and experimental forests, non-timber forest products, carbon stock in forests.

3. Determine the area of degraded forests in functional zones that need recovery and conservation:

a) The area of degraded forests needing recovery and conservation includes poor and extremely poor natural forests and forests without stock;

b) Classify forest conditions based on stock to determine the area of degraded forests needing recovery and conservation based on the results of investigation, inventory, and monitoring of forest changes.

4. Determine forest management, protection, conservation, development, and utilization activities:

a) Summarize the land use plan of the forest owner from the commune-level land use plan according to Model No. 10 of Appendix VII attached to this Circular;

b) Draft the forest management and protection plan, protecting forest ecosystems in accordance with Article 37 of the Forestry Law, Forest Management Regulations, and summarize the forest protection plan according to Model No. 11 of Appendix VII attached to this Circular;

d) Develop fire prevention and firefighting plans for forests in accordance with Article 39 of the Forestry Law and Forest Management Regulations;

đ) Develop plans to prevent and control forest pests in accordance with Article 40 of the Forestry Law and Forest Management Regulations; apply safe chemical and plant protection product procedures and protect the environment;

e) Develop forest development plans: determine locations, areas, and tree species; determine forestry measures and special-purpose forest development measures in accordance with Articles 45 and 46 of the Forestry Law, Forest Management Regulations, and the Ministry of Agriculture and Rural Development's regulations on forestry measures; compile the forest development plan according to Model No. 11 Appendix VII attached to this Circular;

g) Develop scientific research, teaching, and internship plans in accordance with Clause 1 of Article 53 of the Forestry Law and Forest Management Regulations;

h) Develop plans for ecotourism, leisure, and entertainment activities suitable for the potential of the forest area in accordance with Clauses 2, 3, 4, and Clause 5 of Article 53 of the Forestry Law and Forest Management Regulations;

i) Determine buffer zones and plans to stabilize the lives of residents within special-purpose forests in accordance with Article 54 of the Forestry Law and Forest Management Regulations;

k) Plans for constructing and maintaining infrastructure to serve forest protection and development in accordance with Article 51 of the Forestry Law, Forest Management Regulations, and compile according to Model No. 13 Appendix VII attached to this Circular;

l) Develop plans to support local communities and residents regarding seedlings, techniques, training, and education on forest protection and development, sustainable forest management, and infrastructure;

m) Develop plans for disseminating, popularizing, and educating the public about laws on forest protection and development, and sustainable forest management;

n) Develop plans to implement payments for forest environmental services and renting forest environments;

o) Develop plans to allocate forest protection and development responsibilities to households, individuals, and local community groups in accordance with current state regulations;

p) Monitor forest conditions in accordance with Article 35 of the Forestry Law and the Ministry of Agriculture and Rural Development's regulations on monitoring forest conditions;

5. Measures to implement the sustainable forest management plan:

a) Organizational and human resource measures;

b) Coordination measures with related parties;

c) Scientific and technological measures linked to conservation and development;

d) Financial measures, including mobilizing and attracting investment funds;

đ) Other measures;

6. Implementation organization of the sustainable forest management plan:

a) Assign responsibilities and tasks for implementing the plan;

b) Inspect and supervise the implementation of the plan;

7. The Model of Sustainable Forest Management Plan for forest owners who manage special-purpose forests is attached as Appendix II to this Circular;

Article 6. Content of the sustainable forest management plan for protective forests

1. Evaluate natural conditions, socio-economic factors, national defense, security, current status of forest resources, biodiversity in accordance with Clause 1 of Article 5 of this Circular;

2. Determine objectives and scope of sustainable forest management during the implementation phase:

a) Regarding the environment: determine the total protected forest area, forest coverage; ensure the protective function of the forest, prevent landslides, soil erosion, wave intrusion, protect coastal dikes, sand barriers, wind barriers, protect water sources, dam safety, ecological environment, landscape; reduce forest fires and violations of forestry laws;

b) Regarding society: address employment, increase income for workers; stabilize livelihoods of people in the area; enhance awareness of sustainable forest management; gradually improve infrastructure systems;

c) Regarding economy: identify sustainable financial sources from activities such as payments for forest environmental services, ecotourism, leisure, entertainment, renting forest environments; timber harvest yields, utilization, wood harvested from planted forests, non-timber forest products, carbon storage in forests;

3. Determine the protective functions of the forest based on criteria for protective forests stipulated in the Forest Management Regulations, consistent with the assigned forest area;

4. Determine plans for managing, protecting, developing, and utilizing the forest:

a) Compile land use plans of the forest owner; develop forest protection plans, protect forest ecosystems; conserve biodiversity, protect forest plants and animals; develop fire prevention and firefighting plans; develop plans to prevent and control forest pests in accordance with points a, b, c, d, and point đ of Clause 4 of Article 5 of this Circular;

b) Develop forest development plans: determine areas, locations, select tree species; determine forestry measures and protective forest development measures in accordance with Articles 45 and 47 of the Forestry Law, Forest Management Regulations, and the Ministry of Agriculture and Rural Development's regulations on forestry measures; compile the forest development plan according to Model No. 11 Appendix VII attached to this Circular;

d) Develop scientific research, teaching, and internship plans in accordance with Clause 1 of Article 56 of the Forestry Law and Forest Management Regulations;

đ) Develop plans for ecotourism, leisure, and entertainment activities suitable for the potential of the forest area in accordance with Clauses 2, 3, 4, and Clause 5 of Article 56 of the Forestry Law and Forest Management Regulations;

e) Plans for combined forestry, agriculture, and fisheries production in accordance with Article 57 of the Forestry Law and Forest Management Regulations;

g) Develop and maintain infrastructure; develop service activity plans for local communities; implement payments for forest environmental services and renting forest environments; disseminate, popularize, and educate the public about laws; allocate forest protection and development responsibilities; monitor forest conditions in accordance with points k, l, m, n, o, and point p of Clause 4 of Article 5 of this Circular;

5. Measures and implementation organization of the plan in accordance with Clause 5 and Clause 6 of Article 5 of this Circular.

6. The Model of the Sustainable Forest Management Plan for the forest management subject that is an organization managing protective forests is attached as Appendix II to this Circular.

Article 7. Contents of the sustainable forest management plan for production forests

1. Assessment of natural conditions, socio-economic factors; current status of forest resources; results of production and business activities; assessment of markets affecting the operations of the forest management subject:

a) Assessment of natural conditions, socio-economic factors; current status of forest resources and biodiversity as stipulated in Clause 1, Article 5 of this Circular;

b) Assessment of the results of production and business activities of the forest management subject over the three consecutive years immediately preceding the year of developing the sustainable forest management plan according to Model No. 14 in Appendix VII to this Circular;

c) Assessment of domestic wood and wood product markets affecting the operations of the forest management subject; forecasting the impacts of market trends on forest production and business activities, processing, and trade of forest products; potential for enhancing production efficiency through collaboration.

2. Determine objectives and scope of sustainable forest management during the implementation phase:

a) In terms of economy: intensive forest plantation, increasing productivity and quality of planted forests; improving the quality of natural forests; area and volume of timber harvested from planted forests, volume of residual timber harvesting; value generated from payments for forest environmental services, carbon stock in forests, and other services;

b) In terms of environment: total area of protected forests, achieved forest cover; conservation of biodiversity, protection of endangered, rare, and valuable forest plant and animal species; reduction in forest fire incidents and violations of forestry laws; area of forests certified with sustainable forest management;

c) In terms of society: job creation and income increase for workers; training and raising awareness about forest protection, development, utilization, and sustainable forest management; gradual improvement of infrastructure systems.

3. Determining plans for forest management, protection, development, utilization, and forest product trade:

a) Compile land use plans of the forest owner; develop forest protection plans, protect forest ecosystems; conserve biodiversity, protect forest plants and animals; develop fire prevention and firefighting plans; develop plans to prevent and control forest pests in accordance with points a, b, c, d, and point đ of Clause 4 of Article 5 of this Circular;

c) Developing a forest development plan: identifying locations, areas, and tree species; determining silvicultural measures and production forest development methods as prescribed in Articles 45 and 48 of the Forestry Law, Forest Management Regulations, and the Ministry of Agriculture and Rural Development's regulations on silvicultural measures; compiling the forest development plan according to Model No. 11 in Appendix VII to this Circular;

đ) Developing research, teaching, and internship plans; plans for developing eco-tourism, leisure, and entertainment activities consistent with the potential of the forest area as prescribed in Clauses 3, 4, and 5, Article 60 of the Forestry Law and Forest Management Regulations;

e) Developing integrated agricultural, forestry, and fishery production plans as prescribed in Clauses 1 and 2, Article 60 of the Forestry Law and Forest Management Regulations;

g) Building and maintaining infrastructure; developing community service activity plans; providing payments for forest environmental services, renting forest environments; disseminating, popularizing, and educating on laws; monitoring forest changes as prescribed in Points k, l, m, n, and p, Clause 4, Article 5 of this Circular;

h) Developing plans for obtaining sustainable forest management certification consistent with the purpose of forest use;

i) Developing plans for forest product processing and trade: identifying factory locations, scale, technology, machinery, equipment, raw material sources, product types, market outlets, investment resources;

4. Solutions and implementation organization of the sustainable forest management plan as prescribed in Clauses 5 and 6, Article 5 of this Circular.

5. The Model of the Sustainable Forest Management Plan for the forest management subject that is an organization managing production forests is attached as Appendix II to this Circular.

Households, individuals, community residents, or groups of households formed voluntarily by households and individuals shall establish and implement the sustainable forest management plan according to the guidance provided in Appendix III attached hereto.

Article 9. Sustainable forest management plan for forest owners managing two or more types of forests

1. Forest owners managing two or more types of forests shall develop a unified sustainable forest management plan for all types of forests.

Chapter III

PROCEDURES FOR BUILDING AND APPROVING

SUSTAINABLE FOREST MANAGEMENT PLAN

Article 10. Procedures for building the sustainable forest management plan

1. Forest owners shall develop plans, outlines, and budgets for building the sustainable forest management plan.

2. Review and assess existing file information, documents, and maps.

3. Conduct surveys and collect supplementary file information, documents, and maps.

4. Develop the sustainable forest management plan.

1. The competent authority for approving the sustainable forest management plan is the Ministry of Agriculture and Rural Development.

2. Documents for requesting approval of the sustainable forest management plan:

a) A proposal from the forest owner requesting approval of the sustainable forest management plan in accordance with Appendix VI attached hereto;

b) The sustainable forest management plan in accordance with Appendix II attached hereto;

c) Various types of maps as prescribed in Clause 3, Article 4 of this Circular.

3. Method of submitting documents: the forest owner may submit the documents directly, through postal service, through public postal services, or online.

4. Procedure for implementation:

a) The forest owner shall submit one set of documents in accordance with Clauses 2 and 3 of this Article to the Forestry General Department. For incomplete documents, within one working day from the date of receipt of the documents, the Forestry General Department shall provide direct guidance or written instructions to the forest owner to complete the documents;

b) Within twenty working days from the date of receipt of valid documents, the Forestry General Department shall review and seek opinions from relevant bureaus, departments, and units on the content of the plan.

If the content of the sustainable forest management plan meets the requirements, the Forestry General Department shall submit it to the Ministry of Agriculture and Rural Development for approval.

If the content of the sustainable forest management plan does not meet the requirements, the Forestry General Department shall notify the forest owner in writing and specify the reasons for the forest owner to supplement and perfect the plan within five working days before submitting it to the Ministry of Agriculture and Rural Development for approval;

c) Within three working days from the date of receipt of the documents, the Ministry of Agriculture and Rural Development shall approve the sustainable forest management plan and return the result to the forest owner. In case of non-approval, a written response specifying the reasons must be given.

1. Forest owners who are economic organizations that lease land from the state to plant production forests with their own capital; foreign-invested enterprises that lease land from the state to plant production forests shall self-approve and implement sustainable forest management plans.

2. Households, individuals, communities, or groups of households formed by households and individuals linking together shall self-approve and implement sustainable forest management plans.

1. The competent authority for approving sustainable forest management plans is the People's Committee of the province.

2. The application dossier for approval of sustainable forest management plans as stipulated in Clause 2 of Article 11 of this Circular.

3. The method of submitting the dossier as stipulated in Clause 3 of Article 11 of this Circular.

4. Procedure for implementation:

a) The forest owner submits one set of dossier as prescribed in Clauses 2 and 3 of this Article to the Department of Agriculture and Rural Development. For dossiers that are not valid, within one working day from the date of receipt of the dossier, the Department of Agriculture and Rural Development has the responsibility to directly guide or provide written guidance to the forest owner to complete the dossier.

b) Within twenty working days from the date of receipt of valid dossiers, the Department of Agriculture and Rural Development will review and seek opinions from relevant departments: Natural Resources and Environment, Finance, Planning and Investment, Industry and Trade on the content of the plan.

If the content of the sustainable forest management plan meets the requirements, the Department of Agriculture and Rural Development will submit the plan for approval by the People's Committee of the province.

If the content of the sustainable forest management plan does not meet the requirements, the Department of Agriculture and Rural Development will notify the forest owner in writing and specify the reasons for the forest owner to supplement and perfect the plan within five working days before submitting it for approval by the People's Committee of the province.

c) Within three working days, the People's Committee of the province will approve the sustainable forest management plan and deliver the result to the forest owner. In case of non-approval, a written response must be provided with specific reasons.

Chapter IV

CRITERIA FOR SUSTAINABLE FOREST MANAGEMENT AND SUSTAINABLE FOREST MANAGEMENT CERTIFICATE

AND SUSTAINABLE FOREST MANAGEMENT CERTIFICATE

The criteria for sustainable forest management include seven principles, thirty-four criteria, and one hundred twenty-two indicators. Details of the criteria for sustainable forest management are specified in Appendix I attached to this Circular.

Article 15. Types of sustainable forest management certificates

1. Sustainable forest management certificates include:

a) Sustainable forest management certificate issued by Vietnam;

b) Sustainable forest management certificate issued by international organizations;

c) Sustainable forest management certificate jointly issued by Vietnam and international organizations.

2. The sustainable forest management certificate as stipulated in Clause 1 of this Article serves as evidence of the legality of wood origin.

Article 16. Organizations evaluating and issuing sustainable forest management certificates

1. Organizations evaluating and issuing sustainable forest management certificates include:

a) Vietnamese organization evaluating and issuing sustainable forest management certificates;

b) International organization evaluating and issuing sustainable forest management certificates;

c) Joint Vietnamese and international organization evaluating and issuing sustainable forest management certificates.

2. Activities of organizations evaluating and issuing sustainable forest management certificates shall be carried out in accordance with the provisions of Decree No. 107/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating conformity assessment services.

Article 17. Issuance of Sustainable Forest Management Certificates

1. The forest owner voluntarily and independently decides to choose the type of sustainable forest management certificate and the organization for evaluation and issuance of the sustainable forest management certificate.

2. Issuance of sustainable forest management certificates:

a) The forest owner shall be issued a sustainable forest management certificate when meeting the conditions stipulated in Clause 2, Article 28 of the Forestry Law.

b) The evaluation and issuance of sustainable forest management certificates shall be carried out in accordance with the guidelines of the organization for evaluation and issuance of sustainable forest management certificates.

Chapter V

IMPLEMENTATION

Article 18. Responsibilities of State Management Agencies at all levels

a) Propose the Ministry of Agriculture and Rural Development to amend and supplement the Vietnamese criteria for sustainable forest management in harmony with international common standards for sustainable forest management;

b) Train and guide the construction, approval of sustainable forest management plans, and issuance of sustainable forest management certificates nationwide;

c) Inspect the construction, approval, implementation of sustainable forest management plans by the forest owners, and inspect and audit the activities of organizations for evaluation and issuance of sustainable forest management certificates in accordance with the provisions of the law.

2. Provincial People's Committees:

a) Direct the Department of Agriculture and Rural Development to guide the forest owners to construct and implement sustainable forest management plans in accordance with Article 27 of the Forestry Law and the provisions of this Circular;

b) Direct the Department of Agriculture and Rural Development to submit for approval sustainable forest management plans within the province in accordance with this Circular;

c) Direct specialized agencies to allocate funds and guide the use of budget for constructing sustainable forest management plans, issuing sustainable forest management certificates, and implementing sustainable forest management activities in accordance with the provisions of the law.

3. Departments of Agriculture and Rural Development:

a) Guide the forest owners to construct and implement sustainable forest management plans;

b) Coordinate with relevant agencies to inspect the construction and implementation of sustainable forest management plans by the forest owners;

Direct the People's Committee of communes to guide individual households, individuals, community groups, or groups of households formed by individual households and individuals to organize the implementation of sustainable forest management activities and issuance of sustainable forest management certificates.

5. Commune People's Committee:

a) Guide individual households and individuals owning forests and forestry land to form groups of households to construct and implement sustainable forest management plans and issuance of sustainable forest management certificates;

b) Monitor the implementation of sustainable forest management activities by the forest owners within the commune according to the content and plan determined in the approved sustainable forest management plan.

Article 19. Responsibilities of the Forest Owner

1. The forest owner constructs and submits the sustainable forest management plan to the competent authority for approval or self-approves it, and organizes the implementation of the sustainable forest management plan in accordance with this Circular.

2. The forest owner monitors and evaluates the approved sustainable forest management activities.

Article 20. Responsibilities of Organizations Evaluating and Issuing Sustainable Forest Management Certificates

1. Comply strictly with Vietnamese laws during operations, evaluations, and issuance of sustainable forest management certificates.

2. Bear responsibility for the quality and results of sustainable forest management certificate issuance.

Forest owners who have sustainable forest management plans in accordance with Circular No. 38/2014/TT-BNNPTNT dated November 3, 2014 of the Ministry of Agriculture and Rural Development guiding sustainable forest management plans; forest owners managing special-use forests shall submit conservation and sustainable development planning reports for special-use forests in accordance with Clause 1, Article 2 of Circular No. 78/2011/TT-BNNPTNT dated November 11, 2011 of the Ministry of Agriculture and Rural Development detailing the implementation of Decree No. 117/2010/NĐ-CP dated December 24, 2010 of the Government on organizing and managing the special-use forest system, which have been approved by competent state authorities before this Circular takes effect, continue to implement according to the approved Plans or Reports.

Article 22. Effectiveness

1. This Circular takes effect from January 1, 2019.

2. Circular No. 38/2014/TT-BNNPTNT dated November 3, 2014 of the Ministry of Agriculture and Rural Development guiding sustainable forest management plans ceases to be effective from the date this Circular takes effect.

3. In case of difficulties during implementation, relevant agencies, organizations, and individuals shall promptly reflect issues to the Ministry of Agriculture and Rural Development for research, guidance, amendment, and supplementation.