Decision No. 34/2011/QD-TTg Amending and Supplementing Certain Provisions of the Forest Management Regulation attached to Decision No. 186/2006/QD-TTg dated August 14, 2006 issued by the Government

Pursuant to …;

Amending and supplementing certain provisions of the Forest Management Regulation issued together with Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of the Government

_________________________________

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

The Government issues this Decree on mechanisms and policies to encourage forest protection, encirclement and regeneration of forests, afforestation, development of non-timber forest products, and increased income in connection with policies to quickly reduce poverty, sustainably and to support ethnic minority groups during the period 2015-2020.

Considering the proposal of the Minister of Agriculture and Rural Development,

DECISION:

Article 1. Amending and supplementing certain provisions of the Forest Management Regulation issued together with Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of the Government as follows:

1. Amending and supplementing Point b Clause 1 Article 8 as follows:

"Article 8. Changing the purpose of forest use
1. Changing the purpose of use from one type of forest to another
b) The change of purpose of use from one type of forest to another shall be carried out in accordance with the provisions of Article 28 of Decree No. 23/2006/NĐ-CP dated March 3, 2006 of the Government on the implementation of the Law on Protection and Development of Forests.

Organizations and individuals requesting to change the purpose of forest use must submit one set of documents to the Ministry of Agriculture and Rural Development for forests determined by the Prime Minister or one set of documents to the People's Committee of the province (hereinafter referred to as the provincial People's Committee) for forests determined by the provincial People's Committee.

The documents include: a request to change the purpose of forest use (according to the Model attached to this Decision); a report on the current status of the forest; criteria and indices for establishing the type of forest to be converted.

Within three working days from the date of receipt of the documents, the agency receiving the documents must notify the organization or individual to complete the documents if they are incomplete according to regulations.

Within ten working days from the date of receipt of all documents in accordance with regulations, the Ministry of Agriculture and Rural Development or the provincial People's Committee must provide the result of processing the documents to the organization or individual".

2. Amending and supplementing Clause 3 Article 39 as follows:

"Article 39. Logging of forest products in production forests
3. Main logging of natural forest timber
a) Conditions:

- For economic forest owners, there must be a forest harvesting plan (or sustainable forest management plan) and a logging design approved by the Department of Agriculture and Rural Development.

- For household, individual, and village community forest owners, there must be a logging plan; the district People's Committee approves or delegates the approval of the logging plan to the relevant department at the district level.

b) Authority to permit logging:

- The Prime Minister decides the total annual logging quota.

- The Ministry of Agriculture and Rural Development announces the annual logging volume, guides localities in managing the specific logging volume.

- The provincial People's Committee assigns the logging plan to organizational forest owners and to the district People's Committee according to the plan assigned by the Ministry of Agriculture and Rural Development to the locality. The Department of Agriculture and Rural Development approves the documents and issues logging permits to organizational forest owners.

- The district People's Committee assigns the plan and approves the documents, issuing logging permits to household, individual, and village community forest owners".

Article 2. Implementation Provisions

1. This Decision takes effect from August 19, 2011.

2. Repealing Point b Clause 1 Article 8; Clause 3 Article 39 of the Forest Management Regulation issued together with Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of The Prime Minister.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government; Chairmen of provincial People's Committees directly under the Central Government are responsible for implementing this Decision.