Circular No. 31/2018/TT-BNNPTNT on delineating forest boundaries

CIRCULAR

Provisions on delineating forest boundaries

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

Pursuant to the Forestry Law 2017;

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

The Minister of Agriculture and Rural Development issues this Circular on provisions for delineating forest boundaries.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular provides for the delineation of forest boundaries.

Article 2. This Circular applies to organizations, households, individuals, and community groups involved in activities related to the delineation of forest boundaries.

Article 2. Interpretation of Terms

In this Circular, the following terms shall be understood as follows:

1. The sub-district has an area of approximately 1,000 hectares within the same administrative unit of commune, ward, or town (hereinafter referred to collectively as commune level). The order of sub-districts is recorded with Arabic numerals within each province or centrally governed city (hereinafter referred to collectively as provincial level), from Sub-district 1 to the last sub-district (for example: Sub-district 1, Sub-district 2).

2. The plot has an area of approximately 100 hectares within the same administrative unit at the commune level. The order of plots is recorded with Arabic numerals, from Plot 1 to the last plot, within each sub-district (for example: Plot 1, Plot 2).

3. The lot has an area of approximately 10 hectares, with a relatively uniform state of forest or forestry land, within the commune level administrative unit. The order of lots is recorded with Arabic numerals, from Lot 1 to the last lot, within each plot (for example: Lot 1, Lot 2).

The numbering of sub-districts, plots, and lots follows a sequence from top to bottom and left to right. In cases where additions are made, supplementary symbols A, B, C are added next to the original sub-district, plot, or lot (for example: Sub-district 1A, Plot 1A, Lot 1A).

Point 4. Boundary markers are fixed objects used to mark important positions along the boundary lines to be delineated on-site.

Point 5. Characteristic points are geographical features such as terrain points, landmarks, mountains, rivers, streams, roads, watersheds, and drainage lines.

Point 6. The current status map of forests is a thematic map showing the boundaries of compartments in the current forest classification system based on corresponding topographic maps at various scales.

Chapter II

SPECIFIC PROVISIONS

Section 1

DELINEATION OF FOREST BOUNDARIES ON MAPS

Article 3. Basis for delineating forest boundaries

Point 1. The current status map of forests according to Vietnam Standard TCVN 11565:2016.

Point 2. One of the following documents: certificate of land use rights; decision on establishing a forest area; decision on allocating land; decision on leasing land; decision on allocating forests; decision on leasing forests.

Article 4. Content of delineating forest boundaries

Point 1. Delineate the boundaries of sub-districts, plots, compartments, and the boundaries of forest owners on the current status map of forests.

2. Design the positions of markers and boundary signboards on the current status map of the forest.

Article 5. Delimitation of boundaries of forest compartments, plots, and forest owners on maps

1. Use the current status forest map as the map for delimiting forest boundaries.

2. In cases where there are changes to boundaries or areas due to changes in land use purposes, forest use; adjustments to administrative boundaries; transfers that change the name of the forest owner, the current status map of the forest must be adjusted to serve as the boundary demarcation map according to the following procedures:

a) Update and collect data and documents regarding changes to forest boundaries and areas;

b) Transfer the boundaries of forest compartments, plots, and forest owner boundaries onto the current status forest map.

3. Implementing units

a) The Department of Agriculture and Rural Development shall lead the adjustment of the provincial-level current status map of the forest.

b) The Forest Protection Agency at the district level shall update the district and commune-level current status forest map; in cases where there is no district-level Forest Protection Agency, the provincial-level Forest Protection Agency shall implement.

Article 6. Design positions of markers and boards for delimiting forest owner boundaries

1. Use the forest boundary delimitation map specified in Article 5 of this Circular to determine the layout of marker and board positions.

2. Marker position: Only determine marker positions for boundaries adjacent between neighboring forest owners at locations where the boundary changes direction, lacks distinctive points, and is difficult to demarcate; do not set markers where the boundary has distinctive points. The distance between markers does not exceed 2,000 meters. In places adjacent to residential areas with high risks of encroachment, or where boundaries are hard to identify due to few distinctive points such as bowl-shaped hills or flat coastal lands, the distance between markers should not exceed 1,000 meters. Marker numbers are assigned sequentially from Marker 1 to the last marker along the boundary in a clockwise direction.

3. Board position: Determined at locations with traffic routes or near residential areas, or where forests have a high risk of encroachment.

Section 2

DELINEATION OF FOREST BOUNDARIES ON THE GROUND

Article 7. Basis for delineating forest boundaries on the ground

1. The forest boundary delimitation map specified in Article 5 of this Circular.

2. Layout of marker and board positions on the forest boundary delimitation map specified in Article 6 of this Circular.

3. One of the following documents: certificate of land use rights; decision on establishment of forest area; decision on land allocation; decision on land lease; decision on forest allocation; decision on forest lease.

4. Boundary marker files for land allocation decisions, forest allocation decisions, land lease decisions, and forest lease decisions approved by competent authorities (if applicable).

Article 8. Content of delineating forest boundaries on the ground

1. For forest areas that have already had their boundaries delineated on the ground, there is no need to redelineate the forest boundaries.

2. In cases where forest boundaries have not been delineated on the ground or there are changes to forest boundaries, proceed with delineating forest boundaries according to the following procedures:

a) Collect documents and maps as stipulated in Article 7 of this Circular;

b) Describe the forest boundary delimitation route on the forest boundary delimitation map specified in Article 5 of this Circular;

c) Determine the actual positions of markers and boards according to the layout of marker and board positions on the forest boundary delimitation map specified in Article 6 of this Circular;

d) Install markers and boards on the ground.

3. Implementing units:

a) For the contents stipulated in points a, b, and c of paragraph 2 of this Article, the Department of Agriculture and Rural Development shall lead and organize implementation;

b) For the provisions stipulated in point d, Clause 2 of this Article, the forest owner shall implement with the presence of the Forest Protection Service of the district-level or provincial-level Forest Protection Service for those localities without a district-level Forest Protection Service.

4. For disputed areas where forest owners cannot reach an agreement, the Department of Agriculture and Rural Development shall lead the preparation of a record for each specific case according to Model No. 01 attached as an appendix to this Circular; compile and report to the People's Committee at the provincial level for resolution within its authority. After resolving the disputed area, demarcate the forest boundary according to Clause 2 of this Article.

Article 9. Description of the boundary demarcation line for forest areas

1. Content of description: distinctive points, direction, coordinates, distance between distinctive points, and the length of the forest boundary line.

2. Method of description

a) If the boundary demarcation line of the forest area already has a description result or the adjacent forest area has been described, use that description result.

b) If the boundary demarcation line of the forest area has not yet been described, proceed as follows: start from the first distinctive point at the northernmost point of the forest area, describe the line in a clockwise direction, ensuring continuity and closure throughout the entire boundary demarcation line of the forest. If there are no distinctive points on the boundary demarcation line of the forest area, use a positioning device (GPS) to determine coordinates and describe the boundary demarcation line based on those coordinates.

3. Prepare a description of the boundary demarcation line for the forest area according to Model No. 02 attached as an appendix to this Circular.

4. Establish a coordinate table for distinctive points on the boundary demarcation line for the forest area according to Model No. 03 attached as an appendix to this Circular. Coordinates of distinctive points shall be measured three times using GPS and the average value shall be taken.

Article 10. Determining the location of markers and boards

1. Forest areas that have already determined the location of markers and boards in accordance with the design of marker locations as stipulated in Article 6 of this Circular shall not need to re-determine their positions.

2. In cases not covered by Clause 1 of this Article, proceed to determine the location of markers and boards as follows:

a) Based on the results of the design of marker locations as stipulated in Article 6 of this Circular, determine the location of markers and boards outside in the field, except for marker locations coinciding with distinctive points;

b) Based on the results of point a of this clause, specifically determine the coordinates of the marker and signboard positions on the boundary demarcation line of the forest area. The coordinates of the marker and signboard positions are measured three times using GPS, taking the average value, and establish the coordinates of the marker and signboard positions according to Model No. 04 attached as an appendix to this Circular.

c) Prepare a comprehensive table of marker and board coordinates according to Model No. 05 attached as an appendix to this Circular.

3. If the actual positions of markers and signboards on-site differ from the design on the forest boundary demarcation map specified in Article 6 of this Circular, adjust the positions of markers and signboards on the map to match the actual site conditions.

Article 11. Provisions on markers and boards

1. Provisions on markers

a) Markers made of reinforced concrete ensuring durability and stability, with a rectangular cross-section, dimensions of the marker: height 100 cm, width 30 cm, thickness 12 cm, with a base for inserting the marker.

b) Markers bear the name of the forest owner, type of forest, and marker number. The part of the marker protruding above ground is painted white, with numbers written on the face of the marker, 3 cm below the top surface; letters are capitalized, uniformly sized, 3 cm high and 2 cm wide, painted red.

2. Provisions on boards

a) The signboard is made of reinforced concrete, ensuring durability and stability, with dimensions of 100 cm in height, 150 cm in width, and 5 cm in thickness.

b) On the left side of the board, display a schematic diagram of the forest area, on the right side, record the name of the forest area and management and protection requirements.

3. For places where markers and boards have been installed differently from the provisions of Clauses 1 and 2 of this Article, the old markers and boards may continue to be used.

Article 12. Installation of markers and boards in the field

1. Forest areas that have installed markers and boards in accordance with the provisions of Article 10 of this Circular shall not need to reinstall them.

2. In cases not covered by Clause 1 of this Article, proceed to install markers and boards as follows:

a) Markers are firmly planted into the ground along the forest boundary demarcation line, ensuring durability and stability, with the part protruding above ground being 50 cm high, and the face bearing the marker number and forest name facing outward.

b) Boards shall be attached to a square column 300 cm high, 15 cm wide, 15 cm thick, firmly inserted into the ground, with the part buried underground being 100 cm deep to ensure stability.

Article 13. Management and protection of boundary markers and signs

1. The forest owner shall be responsible for managing and protecting boundary markers and signs within the scope of the area allocated or leased to them.

2. In cases where boundary markers and signs are displaced, lost, or damaged, the forest owner shall restore the boundary markers and signs to their original positions.

Section 3

BOUNDARY DELINEATION FILE FOR FORESTS

Article 14. Boundary delineation file for forests

1. A map showing the location of boundary markers and signs as prescribed in Article 6 of this Circular.

2. Description of the boundary line of the forest according to Model No. 02 attached as an appendix to this Circular.

3. Table of coordinates of characteristic points on the boundary line of the forest according to Model No. 03 attached as an appendix to this Circular.

4. Coordinates table of the location of boundary markers and signs according to Model No. 04 attached as an appendix to this Circular.

5. Summary table of coordinates of the location of boundary markers and signs according to Model No. 05 attached as an appendix to this Circular.

Article 15. Management of the boundary delineation file for forests

1. The components of the file as prescribed in Article 14 of this Circular.

2. The forest owner's file, if an organization, consists of four copies, managed by the Department of Agriculture and Rural Development; the Forest Protection Service of the district-level or provincial-level Forest Protection Service in cases where there is no district-level Forest Protection Service; the People's Committee at the commune level and the forest owner.

3. For forest owners not covered by paragraph 2 of this Article, the forest owner shall establish and manage the file themselves.

Chapter III

IMPLEMENTATION

Article 16. Responsibility for Organization and Implementation

1. The General Department of Forestry is responsible for guiding and inspecting the implementation of this Circular nationwide.

2. The Department of Agriculture and Rural Development shall organize the implementation and provide guidance on the implementation of this Circular within its province.

3. The forest owner shall be responsible for setting up boundary markers and signs on-site and managing and protecting boundary markers and signs within the scope of management of the forest owner.

Article 17. Effective Date

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

2. Decision No. 3031/1997/QĐ-BNNPTNT dated November 20, 1997 of the Minister of Agriculture and Rural Development regarding the Regulation on Determining Boundaries and Setting Markers for Various Types of Forests becomes invalid from the date this Circular takes effect.

3. During the implementation of this Circular, if there are any difficulties, agencies and units shall report in writing to the Ministry of Agriculture and Rural Development for consideration and resolution./.