Circular No. 34/2009/TT-BNNPTNT on criteria for determining and classifying forests

CIRCULAR

Specifies criteria for determining and classifying forests

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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;

Pursuant to the Forest Protection and Development Law 2004;

The Ministry of Agriculture and Rural Development guides the criteria for determining and classifying forests as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the criteria for determining forests and the classification system serving forest surveys, inventories, statistics, planning for forest protection and development, forest resource management, and the establishment of forestry programs and projects.

Article 2. Applicability

1. Organizations and individuals related to forest management and forest land management shall be responsible for implementing the provisions of this Circular.

2. It applies to the entire forest area, including both concentrated forests and scattered tree plantations throughout the country.

Chapter II

CRITERIA FOR DETERMINING AND CLASSIFYING FORESTS

Article 3. Criteria for Determining Forests

An object is determined to be a forest if it meets all three criteria below:

1. It is an ecosystem where the main component consists of perennial woody plants, coconut palms, and other species with a height exceeding 5.0 meters (except for newly planted forests and certain mangrove species along the coast), bamboo, etc., capable of providing timber, non-timber forest products, and various direct and indirect values such as biodiversity conservation, environmental protection, and landscape preservation.

Newly planted woody trees and forests that have regrown after harvesting plantation forests, with an average height of more than 1.5 meters for slow-growing species and over 3.0 meters for fast-growing species, and a density of at least 1,000 trees per hectare, are considered forests.

Agricultural and aquaculture ecosystems with scattered perennial woody plants, bamboo, coconut palms, etc., are not considered forests.

2. The canopy cover of the main components of the forest must be at least 0.1.

3. The minimum contiguous area must be 0.5 hectares or more; if it is a strip of forest, its width must be at least 20 meters and consist of at least three rows of trees.

Trees on areas under 0.5 hectares or narrow strips of forest under 20 meters wide are referred to as scattered trees.

Article 4. Classification of Forests According to Purpose of Use

1. Protective Forests: These are forests primarily used for water source protection, soil conservation, erosion control, desertification prevention, disaster mitigation, climate regulation, and environmental protection.

2. Specialized Forests: These are forests primarily used for natural conservation, national ecosystem standards, forest biological genetic resources; scientific research; historical, cultural, scenic spot protection; leisure, tourism, and combined protective purposes.

3. Production Forests: These are forests primarily used for timber production, non-timber forest product business, and combined protective and environmental purposes.

Article 5. Classification of Forests According to Origin of Formation

1. Natural Forests: These are forests that exist naturally or have been restored through natural regeneration.

a) Primary Forests: These are forests that have not been or have been minimally affected by human activities or natural disasters; the forest structure remains relatively stable.

b) Secondary Forests: These are forests that have been significantly impacted by human activities or natural disasters, leading to changes in their structure.

- Regenerated Forests: These are forests formed through natural regeneration on land that has lost its forest due to shifting cultivation, forest fires, or over-exploitation.

- Post-Harvest Forests: These are forests that have undergone timber or other forest product harvesting.

2. Planted Forests: These are forests formed through human planting, including:

a) New Plantings on Land Without Existing Forests.

b) Replanting After Harvesting Existing Plantation Forests.

c) Natural Regeneration from Previously Exploited Plantation Forests.

Based on growth time, planted forests are classified according to age stages, with different time periods defined for each age stage depending on the type of planted trees.

Article 6. Classification of forests according to site conditions

1. Mountainous land forest: is a forest developing on hills and mountainous lands.

2. Rocky mountain forest: is a forest developing on rocky mountains or areas with exposed rocks having little or no soil on the surface.

3. Flooded forest: is a forest developing in areas that are regularly or seasonally flooded.

a) Saltwater flooded forest: is a forest developing along coastlines and large river mouths where saltwater floods regularly or seasonally.

b) Acid sulfate soil forest: is a forest developing on acid sulfate soils, characterized by the Tram tree in the South.

c) Freshwater flooded forest: is a forest developing in places that are regularly or seasonally flooded with freshwater.

4. Sandy land forest: is a forest on sand dunes and beaches.

Article 7. Classification of forests according to tree species

1. Timber forest: is a forest mainly consisting of timber tree species.

a) Broadleaf forest: is a forest where broadleaf trees account for more than 75% of the number of trees.

- Evergreen broadleaf forest: is a forest that remains green all year round;

- Deciduous broadleaf forest: is a forest where deciduous broadleaf tree species account for 75% or more of the number of trees;

- Semi-deciduous broadleaf forest: is a forest where evergreen and deciduous broadleaf tree species are mixed in a ratio of between 25% and 75% based on the number of each type of tree.

b) Coniferous forest: is a forest where coniferous trees account for more than 75% of the number of trees.

c) Mixed broadleaf and coniferous forest: is a forest where the ratio of broadleaf and coniferous trees is mixed in a ratio of between 25% and 75% based on the number of each type of tree.

2. Bamboo and reed forest: is a forest mainly composed of bamboo and reed species such as bamboo, mai, dien, reed, luong, vai, lo o, le, may san, hop, lung, buong, giang, etc...

3. Palm and coconut forest: is a forest whose main components are palm and coconut species.

4. Mixed timber and bamboo forest

a) Timber-bamboo mixed forest: is a forest where timber trees account for more than 50% of the canopy cover;

b) Bamboo-timber mixed forest: is a forest where bamboo and reed trees account for more than 50% of the canopy cover.

Article 8. Classification of forests according to stock volume

1. For timber forests

a) Very rich forest: standing timber volume exceeds 300 m3/ha;

b) Rich forest: standing timber volume ranges from 201 to 300 m3/ha;

c) Medium forest: standing timber volume ranges from 101 to 200 m3/ha;

d) Poor forest: standing timber volume ranges from 10 to 100 m3/ha;

đ) Forest without stock volume: timber forest with average diameter less than 8 cm, standing timber volume below 10 m3/ha.

2. For bamboo and reed forests: The classification is based on tree species, diameter class, and density level.

a) Reed

b) Vau

c) Bamboo and Luong

d) Lo O

Article 9. Land without forest

1. Planted forest land not yet a forest: is land that has been planted with forest but the average height of the planted trees has not reached 1.5 meters for slow-growing species or 3.0 meters for fast-growing species, and the density is less than 1,000 trees/ha.

2. Bare land with regenerating trees: is land that does not have planned forests for forestry purposes, covered with shrubs, grasslands, reeds, and regenerating trees with a height of at least 0.5 meters reaching a minimum of 500 trees/ha.

3. Bare land without regenerating trees: is land that does not have planned forests for forestry purposes including bare land, shrub-covered land, grasslands, reeds, wild banana, chit, che ve, etc.

4. Rock mountain without trees: is a barren rock mountain or a rock mountain with trees but not meeting the criteria for a forest.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Effective Date

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

Previous regulations on criteria for determining and classifying forests that contradict the provisions of this circular are hereby abolished.

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