Circular No. 35/2011/TT-BNNPTNT guiding the implementation of logging and harvesting of wood and non-wood forest products

CIRCULAR

Guidelines for the exploitation and harvesting of timber and non-timber forest products

________________________

 

Pursuant to the Forest Protection and Development Law dated December 3, 2004;

Pursuant to Decree No. 01/2008/NĐ-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 Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

On the basis of Decree No. 23/2006/NĐ-CP dated March 3, 2006 of the Government on the implementation of the Forest Protection and Development Law;

Pursuant to Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of the Prime Minister on the issuance of the Forest Management Regulations;

The Ministry of Agriculture and Rural Development hereby issues guidelines for the exploitation and harvesting of timber and non-timber forest products as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. Scope of application: This Circular stipulates the objects, conditions, procedures for the exploitation and harvesting of timber and non-timber forest products in natural forests, planted forests, and plant species identical to those mentioned above within the entire country.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) Forest owners are forestry companies, forest farms, forest protection management boards, special-use forests, and businesses, cooperatives registered to operate in the forestry sector (referred to as organizations).

b) Forest owners are households, individuals, village communities, and other forest owners not falling under point a of Clause 2, Article 2 of this Circular (referred to as household owners).

c) State agencies; individuals and enterprises that are not forest owners but are related to the activities of exploiting timber and non-timber forest products.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Clearing thinning: Cutting down crooked, diseased, poor-quality trees, and trees unsuitable for the purpose of forest business.

2. Pre-harvest clearing: Removing vines and shrubs before harvesting.

3. Forest sanitation: Processing branches, tops, anti-stump trees, and fallen trees during main harvesting, utilization, and harvesting of timber.

4. Harvest location: Name of plot, section, small forest area.

5. Log: A portion cut from a tree trunk according to two cross-sectional cuts.

6. Dry rotted wood, peeled core: Dead wood that has dried and rotted or only the core of the wood remains.

7. Main harvesting: Cutting down trees to utilize the growth of the forest to achieve economic purposes primarily, while ensuring sustainable development and use of the forest as determined in the forest regulation plan or sustainable forest management plan or harvesting plan.

8. Large timber: Logs or sections of wood with an average diameter of 25 centimeters (cm) and a length of at least one meter (m).

9. Small timber: Logs or sections of wood with dimensions not covered by Clause 8 of Article 2 of this Circular.

10. Collection site: Place where wood is concentrated in the harvesting area.

11. Rotation period: Time interval between two consecutive main harvestings for selective harvesting, wherein the forest stock at the time of the next harvesting must be at least equal to the forest stock when it was first harvested.

12. Concentrated planted forest: Areas of planted forests separated from other forest areas with a minimum area of 0.5 hectares and a forest strip width of at least 20 meters with three rows of trees or more.

13. Non-timber forest products in this Circular are limited to forest plants.

14. Consulting unit: Organizations permitted by law to design forest harvesting.

15. Restricted harvesting: Harvesting a tree species without exceeding twenty percent (20%) of the stock or thirty percent (30%) of the number of individual trees of that species in the harvesting area.

16. Harvest intensity: Calculated as the percentage ratio between the volume of felled timber in the plot compared to the total forest volume of that plot at the time of design.

17. Forest owner: Organizations and households granted or leased forests and land for planting forests by the State for production and business operations in accordance with the Law on Protection and Development of Forests.

18. Annual natural forest timber harvesting: A form of harvesting that can be carried out once a year or several times a year as stipulated in this Circular.

19. Harvest design description: A document describing the basic situation of the harvesting area, technical measures implemented; quantity, types of harvested and utilized products, and detailed tables of technical indicators for forest harvesting (Annex 1 attached).

20. Expected product harvesting table: A document describing some information about the location name, area, volume, types of timber and forest products harvested and utilized; completion time (Annex 2 attached).

21. Harvest registration form: An administrative document sent to the competent authority to register the harvesting of timber and forest products (Annex 3 attached).

Article 3. Principles, Conditions for Exploitation and Utilization of Timber and Non-timber Forest Products

1. Carry out at the designated place name, area, and type of forest products as permitted by the competent authority or registered.

2. Measures must be taken to ensure forest regeneration, minimize negative impacts on the environment and protective capacity of the forest.

3. When exploiting endangered and precious plant species group Ia and IIa, regulations stipulated in Decree No. 32/2006/NĐ-CP dated March 30, 2006 of the Government on management of wild plants and animals in danger of extinction, precious and rare (hereinafter referred to as Decree 32/NĐ-CP) shall be followed.

For wild plants group IIa outside special-use forests, exploitation shall be limited and procedures prescribed in this Circular must also be implemented.

4. The exploitation and utilization of timber and non-timber forest products can only be carried out within the area leased, assigned, or temporarily assigned for management and use according to the law or approved by the People's Committee of the province or centrally governed city (hereinafter referred to as Provincial People's Committee).

5. The volume of timber and non-timber forest products after exploitation and utilization by the forest owner or the exploiting entity shall be verified based on actual conditions, except where otherwise provided in this Circular.

Article 4. Objects of Forests and Non-timber Forest Products Subject to Exploitation and Utilization

1. Natural forests include broadleaf evergreen forests, mixed broadleaf forests with bamboo and rattan.

If the annual demand-based harvesting method is applied, the objects shall be determined according to the approved harvesting plan by the competent authority.

In case the main harvesting method is applied, it must be a forest that has not been harvested before or has been harvested but has been restored for at least one rotation period and must meet the following criteria:

a) Minimum standing volume must reach:

Broadleaf evergreen forest 150 cubic meters per hectare (hereinafter abbreviated as m3/ha).

Broadleaf semi-deciduous forest 130 m3/ha.

Podocarp forest 110 m3/ha.

Coniferous forest 130 m3/ha.

Mixed broadleaf forest with bamboo and rattan 80 m3/ha.

Coniferous forests from 130 m

c) The minimum diameter at breast height (DBH) of trees to be harvested must reach: Group I and II: 45 cm, Group III to VI: 40 cm, Group VII and VIII: 35 cm. Specifically, for oil tree species in deciduous forests (podocarp forests), it is 35 cm.

2. Plantation forests.

a) For production plantation forests: Determined according to the species, suitable for the purpose of forestry business, decided by the forest owner.

b) For protective plantation forests: Forests meeting the protective standards as specified in Article 28 of the Forest Management Regulations issued together with Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of the Prime Minister (hereinafter referred to as Decision 186/2006/QĐ-TTg).

3. Pure bamboo and rattan forests and mixed forests with timber are natural forests: They must be technologically mature forests or have a canopy density of 0.7 or higher.

4. Objects for exploitation and utilization:

a) Trees including roots and non-timber forest products on land cleared for construction projects or other purposes.

b) Trees and non-timber forest products on areas implementing forest improvement measures (rehabilitation, nurturing, thinning, enriching the forest, converting seedling forests, reforestation) in production forests, protective forests, and special-use forests (excluding strictly protected zones).

c) Trees, including roots and non-timber forest products when harvested for scientific research and forestry vocational training purposes.

d) Dead standing, dry, burned trees and non-timber forest products in production forests, protective forests, and special-use forests (excluding strictly protected zones).

e) Trees and forest products on the foundations of transportation routes, storage areas approved in the annual main harvesting design documents.

5. Objects for utilization:

Are dried, rotted logs, peeled trunks, burnt wood; branches, tops, roots, and non-timber forest products still lying on farmland, rivers, lakes, and reservoirs in production forests, protective forests, and special-use forests (excluding strictly protected zones).

6. The exploitation and utilization of plant species with the same names as timber and non-timber forest products and all sizes of tree trunks, roots, branches outside the planned areas for forestry by organizations and individuals are self-determined (except where local authorities or village communities have different regulations). After exploitation and utilization, report to the People's Committee of the commune, ward, town (hereinafter referred to as Commune People's Committee) about the location, volume, and type for confirmation as the basis for circulation and consumption.

Chapter II

SPECIFIC PROVISIONS

PART 1

DEVELOPMENT OF FOREST MANAGEMENT PLANS AND

HARVESTING PLANS

Article 5. Construction of Forest Management Plans

The forest owner who operates forests through primary harvesting methods must construct a Forest Management Plan or a Sustainable Forest Management Plan (hereinafter referred to as the Forest Management Plan).

1. Content of construction: In accordance with the guidelines for constructing Forest Management Plans and Sustainable Forest Management Plans issued by the Ministry of Agriculture and Rural Development.

2. Approval procedures: The forest owner shall submit one (01) set of documents to the Department of Agriculture and Rural Development. The documents include: A request for approval, the Forest Management Plan, and accompanying maps.

Within three working days from the date of receiving the file, if it is not valid, the Department of Agriculture and Rural Development must notify the forest owner to supplement according to regulations.

Within ten working days from the date of receiving valid documents, the Department of Agriculture and Rural Development shall approve the plan and return the result to the forest owner.

Article 6. Construction of Harvesting Plans

1. The forest owner who is a household conducting primary harvesting activities or harvesting wood from natural forests to meet annual needs must construct a harvesting plan.

a) Content of construction: In accordance with the guidelines for constructing harvesting plans for households issued by the Ministry of Agriculture and Rural Development.

b) Approval procedures: The forest owner who is a household shall submit one (01) set of documents to the People's Committee of the district, county, town, or city directly under the province (hereinafter referred to as the People's Committee of the district). The documents include: A request for approval, the harvesting plan, and accompanying maps.

Within three working days from the date of receiving the documents, if they are not valid, the People's Committee of the district must notify the forest owner to supplement them according to regulations.

Within ten working days from the date of receiving valid documents, the People's Committee of the district shall approve the harvesting plan and return the result to the forest owner.

2. If the forest owner is an organization that does not meet the conditions for primary harvesting according to the Forest Management Plan but has a need to harvest wood for non-commercial purposes, they must construct a harvesting plan and submit it to the Department of Agriculture and Rural Development for approval in accordance with Clause 2, Article 5 of this Circular.

PART 2

HARVESTING AND COLLECTING WOOD AND NON-WOOD FOREST PRODUCTS OUTSIDE OF WOOD

FOR THE FOREST OWNER WHO IS AN ORGANIZATION

Article 7. Primary Harvesting of Natural Forest Wood

1. Conditions: Having a Forest Management Plan or a Sustainable Forest Management Plan approved in accordance with Clause 2, Article 5 of this Circular.

2. Allocation of plans: Based on the annual production plan approved by the Prime Minister, the Ministry of Agriculture and Rural Development will announce the harvesting volume for each locality. On this basis, the People's Committee of the province will allocate harvesting plans to forest owners.

3. Procedures and licensing processes for harvesting.

a) Preparation and review of harvesting design documents: To be carried out in accordance with the guidelines for selective harvesting design issued by the Ministry of Agriculture and Rural Development.

c) Approval of design documents and issuance of harvesting permits: The forest owner shall submit one (01) set of documents to the Department of Agriculture and Rural Development. The documents include: A request for approval, a description of the harvesting design, a map of the harvesting area, a list of marked trees to be harvested, and a record of the design review.

Within three working days from the date of receiving the file, if it is not valid, the Department of Agriculture and Rural Development must notify the forest owner to supplement according to regulations.

Within ten working days from the date of receiving valid documents, the Department of Agriculture and Rural Development shall approve the design documents, issue the harvesting permit, and return the result to the forest owner. The maximum validity period of the harvesting permit is twelve months from the date of issuance.

4. Implementation of harvesting: The forest owner who is an organization may conduct harvesting themselves or contract with a unit having the appropriate functions, but must comply with the following requirements:

a) Climbing vines, shrubs, opening transport roads, transporting, and building wood storage areas in accordance with the permit and approved harvesting design documents.

b) Cutting only those trees marked with axe marks and designated for cutting. The highest stump height (measured from ground level) should not exceed one time the diameter at breast height of the remaining tree. In cases where the stump has a flat surface, cutting is allowed on that surface.

c) Post-harvest forest sanitation: Must be completed no later than fifteen days after the end or expiration of the harvesting period.

d) Implement other technical requirements in accordance with the Forestry Technical Regulations applicable to timber production forests and bamboo forests (referred to as QPN 14-92) issued by Decision No. 200/QĐ.KT dated March 31, 1993 of the Ministry of Forestry (now the Ministry of Agriculture and Rural Development).

5. Inspection of products

Cut wood must be topped, transported to collection sites, and the forest owner or harvesting unit must number the logs, prepare a forest product inventory, measure and calculate the volume. The actual total volume of harvested wood (for the entire harvesting area) may exceed the permitted volume by a maximum of fifteen percent. If the excess exceeds fifteen percent, the forest owner must report to the Department of Agriculture and Rural Development for an inspection to clarify the reasons, confirm, and then allow the acceptance of the excess volume.

6. Management of the forest area after harvesting

a) Upon completion or expiration of the harvesting period, the forest owner must report to the Department of Agriculture and Rural Development for an on-site inspection and evaluation.

b) Based on the inspection results and the remediation and handling of deficiencies (if any), the Department of Agriculture and Rural Development will decide to close the post-harvest forest area.

c) Upon receipt of the decision to close the post-harvest forest area, the forest owner must implement management, protection, and restoration measures for the forest area in accordance with QPN 14-92 and Decision No. 186/QĐ-TTg.

Article 8. Exploitation of concentrated planted forests with state budget funds and non-repayable aid

1. Exploitation methods

a) For production forests: the forest owner shall decide on their own, but if clear-cutting is carried out, new forests must be replanted immediately in the next planting season.

b) For protective forests:

When the canopy closure is achieved, it is permissible to harvest auxiliary trees, but the density of the main planted trees must remain at least 600 trees per hectare (written as trees/hectare). If this density is not met, auxiliary trees must be left to ensure the required density as for the main planted trees.

When the forest meets the protective standards specified in Article 28 of Decision No. 186/2006/QĐ-TTg, selective harvesting up to a maximum intensity of 20% is allowed, but the post-harvest canopy cover must exceed 0.6 or clear-cutting must be conducted in alternating bands and patches, with the total annual harvested area not exceeding 2/10 of the area of the protective standard-compliant planted forest, and new forests must be replanted immediately in the next planting season for the harvested bands and patches.

Harvesting bands must run parallel to contour lines, with a maximum width of 50 meters for forests with weak protective levels and 30 meters for forests with very weak protective levels; harvesting patches may have a maximum area of two hectares for forests with weak protective levels and one hectare for forests with very weak protective levels.

2. Harvest design: The forest owner shall conduct the design themselves or hire consultants to conduct field surveys to collect data, create a map of the harvesting area at a scale of 1:5,000 or 1:10,000, and write a description of the harvesting design.

3. Approval of documentation and issuance of exploitation permits:

If the forest owner is an organization under the province, they shall submit one set of documentation to the Department of Agriculture and Rural Development. If the forest owner is an organization not under the province, they shall submit one set of documentation to the directly superior management agency. Documentation includes: A request for approval, a description of the harvesting design, and a map of the harvesting area.

- Oil tree species in deciduous forests (podocarp forests) and teak, táu, and sến trees: must have a minimum diameter of 35 cm.

Within ten working days from receiving valid documentation, the receiving agency shall approve the documentation and issue the exploitation permit to the forest owner. The validity period of the permit is a maximum of twelve months from the date of issuance.

Article 9. Exploitation of concentrated planted forests with capital invested by the forest owner or supported by the State

1. Exploitation methods: As stipulated in Clause 1 of Article 8 of this Circular.

2. Harvest design: Implemented as stipulated in Clause 2 of Article 8 of this Circular.

3. Registration of exploitation: The forest owner shall approve the harvesting design themselves and submit one set of documentation to the People's Committee of the commune for registration. Documentation includes: An exploitation registration form, a decision approving the harvesting design, a description of the harvesting design, and a map of the harvesting area.

Within three working days from receiving the documentation, if the documentation is not yet complete, the People's Committee of the commune must notify the forest owner to supplement according to regulations.

Within ten working days from receiving valid documentation, if the People's Committee of the commune does not provide comments, the forest owner may exploit according to the approved decision.

Article 10. Exploitation of bamboo and reed in production forests and protective forests that are natural forests.

1. Intensity of exploitation: Up to a maximum of 70% of the number of trees and shrubs for production forests, and up to a maximum of 30% of the number of trees and shrubs for protective forests.

2. Harvest design: The forest owner shall conduct the design themselves or hire consultants to conduct field investigations and verifications to write a description of the harvesting design and create a layout of the harvesting area location.

3. Registration of exploitation: The forest owner shall approve the harvesting design themselves and submit one set of documentation to the Department of Agriculture and Rural Development for registration. Documentation includes: An exploitation registration form, a decision approving the harvesting design, a description of the harvesting design, and a layout of the harvesting area location.

Within three working days from the date of receiving the file, if it is not valid, the Department of Agriculture and Rural Development must notify the forest owner to supplement according to regulations.

Within ten working days from receiving valid documentation, if the Department of Agriculture and Rural Development does not provide comments, the forest owner may exploit according to the approved decision.

Article 11. Exploitation on land clearance areas for construction projects or other purposes.

1. Conditions: Must be authorized by competent authorities to convert forest land for construction projects or change the purpose of forest land use to other purposes.

2. Entities entitled to exploitation: After being permitted to convert forest land for construction projects or changed purposes and the project investor completes compensation procedures as prescribed, the Provincial People's Committee assigns the forest owner or a functional unit to exploit.

3. Exploitation design: The forest owner or the entity permitted by the provincial people's committee to exploit shall either prepare or hire consultants to delineate the boundaries of the exploitation area, create a map at a scale of 1:5,000 or 1:10,000; collect data and write a description of the exploitation design. Upon completion, report to the local Forest Inspector or forestry staff member for on-site inspection and issuance of a confirmation record.

4. Exploitation permit: The forest owner or the exploitation entity submits one set of documents to the Department of Agriculture and Rural Development. Documents include: A request letter, a document from the competent authority permitting conversion of forest land for construction projects or changing the purpose of forest land use, a task assignment document from the provincial people's committee, a confirmation record from the local Forest Inspector or forestry staff member, a description of the exploitation design, and a map of the exploitation area.

Within three working days from the date of receiving the documents, if they are not complete, the Department of Agriculture and Rural Development must notify the forest owner or the exploitation entity to supplement according to regulations.

Within ten working days from the date of receiving complete and valid documents, the Department of Agriculture and Rural Development approves the documents, issues an exploitation permit, and returns the result to the forest owner or the exploitation entity. The exploitation period is based on the registration of the forest owner or the exploitation entity but must ensure the land clearance time and be recorded in the exploitation permit.

Article 12. Exploitation during the implementation of forest management measures or forest exploitation activities serving scientific research and vocational training.

1. Conditions for exploitation:

a) Exploitation during the implementation of forest management measures:

For natural forests or planted forests funded by state budget or non-repayable aid: Must have a design or project document for forest management approved by the competent authority.

For planted forests funded by the forest owner or state support: The forest owner shall prepare and approve the design or project document for forest management.

b) Exploitation for vocational training and scientific research: Must have a training plan, research project, or scientific study outline approved by the competent authority.

2. Preparation of anticipated exploitation products list:

Based on the approved forest management design or project documents, research project or outline, and training plans, the forest owner shall either prepare or hire consultants to conduct field investigations, collect data, and mark trees with hammers for natural forest trees permitted for exploitation with a diameter at breast height (D1.3m) of 25 cm or more, and prepare a list of anticipated exploitation products.

3. Registration for exploitation:

a) For natural forests or planted forests funded by state budget or non-repayable aid:

The forest owner within the province sends one set of documents to the Department of Agriculture and Rural Development, while the forest owner outside the province sends one set of documents to the direct superior management unit. Documents include: An exploitation registration form, forest management design or project documents, training plans, research projects, outlines, and a list of anticipated exploitation products.

- Oil tree species in deciduous forests (podocarp forests) and teak, táu, and sến trees: must have a minimum diameter of 35 cm.

Within ten working days from the date of receiving complete and valid documents, if the competent authority does not object, exploitation can proceed according to the registered documents.

b) For planted forests funded by the forest owner or state support: The forest owner sends one set of documents to the Commune People's Committee. The registration documents follow the provisions of point a, Clause 3, Article 11.

Within three working days from the date of receiving the documents, if they are incomplete, the Commune People's Committee must notify the forest owner to supplement according to regulations.

Within five working days from the date of receiving complete and valid documents, if the Commune People's Committee does not object, the forest owner may proceed with exploitation according to the registered documents.

Article 13. Exploitation and utilization of standing dead trees, burnt trees, fallen and broken trees, and collection of various types of wood lying on the ground, roots, branches

In cases where products are not collected due to the forest owner's decision, if products are collected, they shall be carried out as follows:

1. For natural forests or planted forests funded by state budget or non-repayable aid:

a) Design for exploitation: The forest owner shall either conduct it themselves or hire consultants to investigate and survey on-site, develop a layout plan for the exploitation area, and write a design description.

b) Permit for exploitation and collection: The forest owner shall submit one set of documents to the Department of Agriculture and Rural Development. The documents include: A request for approval, a design description, a layout plan for exploitation and collection.

Within three working days from the date of receiving the file, if it is not valid, the Department of Agriculture and Rural Development must notify the forest owner to supplement according to regulations.

Within ten working days from receiving valid documents, the Department of Agriculture and Rural Development shall approve the documents, issue permits for exploitation and collection, and return the results to the forest owner. The maximum validity period of the exploitation permit is twelve months from the date of issuance.

2. For planted forests invested in by the forest owner or supported by the State:

a) Preparation of a projected product exploitation table: The forest owner shall either conduct it themselves or hire consultants to investigate and verify on-site and prepare a projected product exploitation table.

b) Registration for exploitation: The forest owner shall submit one set of documents to the People's Committee of the commune for registration. The documents include: An exploitation registration form, a projected product exploitation table.

Within three working days from receiving the documentation, if the documentation is not yet complete, the People's Committee of the commune must notify the forest owner to supplement according to regulations.

Within five working days from receiving valid documents, if the People's Committee of the commune does not object, exploitation may proceed according to the registration.

Article 14. Exploitation and collection of non-timber forest products and bamboo in natural forests and planted forests (excluding strictly protected zones of special-use forests)

1. Non-timber forest products listed in the CITES management directory and pine resin in natural forests and planted forests funded by state budget or non-repayable aid:

a) Design for exploitation and collection: The forest owner shall either conduct it themselves or hire consultants to investigate and assess on-site to collect data, develop a layout plan for the exploitation and collection area, and write a design description for exploitation.

b) Permit for exploitation: The forest owner shall submit one set of documents to the Department of Agriculture and Rural Development. The documents include: A request for approval, a design description for exploitation, and a layout plan for the exploitation and collection area.

Within three working days from the date of receiving the file, if it is not valid, the Department of Agriculture and Rural Development must notify the forest owner to supplement according to regulations.

Within ten working days from receiving valid documents, the Department of Agriculture and Rural Development shall approve the documents, issue permits for exploitation, and return the results to the forest owner. The maximum validity period of the exploitation permit is twelve months from the date of issuance.

2. Non-timber forest products not specified in Clause 1 of this Article.

a) Preparation of a projected product exploitation table: The forest owner shall either conduct it themselves or hire consultants to investigate and verify on-site and prepare a projected product exploitation table.

b) Registration for exploitation: To be implemented as Point b Clause 2 Article 13 of this Circular.

Article 15. Exploitation of natural forest timber to meet annual needs

1. Conditions for exploitation: There must be an approved forest exploitation plan in accordance with Clause 2 Article 6 of this Circular.

2. Number of trees to be exploited:

The maximum number of trees to be exploited is: L = N.n (trees). Where:

L is the maximum number of trees to be exploited in one time;

N is the average number of trees allowed to be exploited annually according to the approved exploitation plan;

n is the interval between two consecutive exploitations (measured in years).

3. Design for exploitation: The forest owner shall either conduct it themselves or hire consultants to assess on-site to collect data, mark the designated trees for exploitation as specified in Clause 2 of this Article, and write a design description for exploitation.

After completion, the forest owner shall report to the local Forest Protection Station for on-site inspection. If the forest type, location, area, and number of trees match those specified in Clause 2 of this Article, a confirmation record shall be established.

4. Permit for exploitation:

The forest owner shall submit one set of documents to the Department of Agriculture and Rural Development. The documents include: A request for approval, a design description for selected exploitation, a tree marking sheet for exploitation, and a confirmation record from the local Forest Protection Station.

Within three working days from the date of receiving the file, if it is not valid, the Department of Agriculture and Rural Development must notify the forest owner to supplement according to regulations.

Within ten working days from receiving valid documents, the Department of Agriculture and Rural Development shall approve the documents, issue permits for exploitation, and return the results to the forest owner; simultaneously sending copies to the People's Committee of the district, the local Forest Protection Station, and the People's Committee of the commune. The maximum validity period of the exploitation permit is twelve months from the date of issuance.

5. Implementation of exploitation and acceptance of products: The forest owner shall decide. The volume of timber accepted will be based on the actual dimensions of the trees permitted for exploitation as recorded in the permit.

PART 3

HARVESTING AND COLLECTING WOOD AND NON-WOOD FOREST PRODUCTS OUTSIDE OF WOOD

FOR FOREST OWNERS WHO ARE HOUSEHOLDS

Article 16. Main Logging of Natural Forest Wood

Encourage forest owners who are households to apply the main logging method as prescribed in this Article. In cases where they do not meet the conditions for main logging, they shall implement according to the provisions of Article 17 of this Circular.

1. Conditions for Logging: Having a logging plan for the forest that has been approved in accordance with Clause 1 of Article 6 of this Circular.

2. Allocation of Plans: Based on the production volume notification from the Ministry of Agriculture and Rural Development, the Provincial People's Committee allocates logging plans to the District People's Committees. Based on the logging plans of the forest owners, the District People's Committees allocate logging plans by commune. The Commune People's Committee then informs the detailed volume of wood to be logged to the forest owners.

3. Logging Design: To be carried out in accordance with the guidance on selective logging design issued by the Ministry of Agriculture and Rural Development.

4. Permit for exploitation:

The forest owner submits one set of documents to the District People's Committee. The documents include: A request report, an explanation of the selective logging design, a harvesting tree list, a confirmation record by the local Forest Ranger or forestry staff at the commune level, and a map of the logging area.

Within three working days from the date of receiving the documents, if they are not valid, the People's Committee of the district must notify the forest owner to supplement them according to regulations.

Within ten working days from the date of receiving valid documents, the District People's Committee approves the documents, issues a logging permit, and returns the results to the forest owner; simultaneously sending them to the Department of Agriculture and Rural Development, the local Forest Inspection Station, and the Commune People's Committee. The maximum validity period of the logging permit is twelve months from the date of issuance.

5. Logging Organization: To be carried out as stipulated in Clause 4 of Article 7 of this Circular.

6. Product Acceptance: Cut-down wood is topped, transported to collection sites, and the forest owner or logging unit records serial numbers at the end of each log, prepares a timber inventory list, measures and calculates the volume. The allowable error (for the entire logging area) between the actual volume of wood logged and the maximum permitted volume of wood to be logged is fifteen percent. If the volume of wood exceeds fifteen percent, the forest owner must report to the local Forest Ranger for inspection and clarification of the cause, confirmation, before being allowed to accept the excess volume of wood.

7. Post-Logging Forest Management: Upon completion or expiration of the logging period, the forest owner reports to the local Forest Ranger or forestry staff at the commune level for on-site inspection and evaluation. Based on the inspection results and the remediation and handling of deficiencies (if any), the Commune People's Committee submits to the District People's Committee for issuance of a decision to close the post-logging forest. After the closure decision is made, the forest owner must implement management, protection, and restoration measures for the forest area in accordance with regulations.

Article 17. Logging of Natural Forest Wood to Meet Annual Needs

1. Conditions for Logging: As prescribed in Clause 1 of Article 16 of this Circular.

2. Number of Trees to be Logged: As prescribed in Clause 2 of Article 15 of this Circular.

3. Design for exploitation: The forest owner shall either conduct it themselves or hire consultants to assess on-site to collect data, mark the designated trees for exploitation as specified in Clause 2 of this Article, and write a design description for exploitation.

After completion, the forest owner reports to the local Forest Ranger or forestry staff at the commune level for on-site inspection. If the forest type, location name, area, and number of trees determined in Clause 2 of this Article are correct, a confirmation record will be established.

4. Issuance of Logging Permit: As prescribed in Clause 4 of Article 16 of this Circular.

5. Implementation of Logging and Product Acceptance: As prescribed in Clause 5 of Article 15 of this Circular.

Article 18. Logging of planted forest wood with budget funds, non-repayable aid funds

1. Logging method: Implemented according to the provisions of Clause 1, Article 8 of this Circular.

2. Logging design: The forest owner prepares it themselves or hires consultants to conduct on-site investigations and verifications to develop a logging area layout diagram and write a logging design description.

3. Logging permit issuance:

The forest owner submits one set of documents to the People's Committee at the district level. The documents include: A request for approval, a description of the logging design, and a layout diagram of the logging area.

Within three working days from the date of receiving the documents, if they are not valid, the People's Committee of the district must notify the forest owner to supplement them according to regulations.

Within ten working days from the date of receiving complete and valid documents, the People's Committee at the district level approves the documents, issues a logging permit, and returns the result to the forest owner; simultaneously notifying the People's Committee at the commune level to monitor. The maximum validity period of the logging permit is twelve months from the date of issuance.

Article 19. Logging of planted forest wood with self-invested funds by the forest owner or state support

1. Logging method: Implemented according to the provisions of Clause 1, Article 18 of this Circular.

2. Preparation of a planned product logging table: The forest owner prepares it themselves or hires consultants to conduct on-site investigations and verifications and prepare a planned product logging table.

3. Logging registration: The forest owner submits one set of documents to the People's Committee at the commune level for registration. The documents include: A logging registration form, and a planned product logging table.

Within three working days from receiving the documentation, if the documentation is not yet complete, the People's Committee of the commune must notify the forest owner to supplement according to regulations.

Within five working days from the date of receiving complete and valid documents, if the People's Committee at the commune level does not object, the forest owner may log according to the registration.

Article 20. Logging of bamboo and scattered timber trees in household gardens and farms

1. Preparation of a planned product logging table: The forest owner prepares it themselves or hires consultants to collect data and prepare a planned product logging table.

2. Logging registration: Implemented according to Clause 3, Article 19 of this Circular.

Article 21. Logging of bamboo and reed in production forests and protective forests that are natural forests

1. Logging intensity: According to the provisions of Clause 1, Article 10 of this Circular.

2. Preparation of a planned product logging table: The forest owner prepares it themselves or hires consultants to conduct on-site investigations and verifications to develop a logging area layout diagram and prepare a planned product logging table.

3. Logging registration: The forest owner submits one set of documents to the People's Committee at the commune level. The documents include: A logging registration form, a planned product logging table, and a logging area layout diagram.

Within three working days from receiving the documentation, if the documentation is not yet complete, the People's Committee of the commune must notify the forest owner to supplement according to regulations.

Within five working days from the date of receiving complete and valid documents, if the People's Committee at the commune level does not object, the forest owner may log according to the registered documents.

Article 22. Utilization logging on land cleared for construction projects or other purposes

1. Conditions: According to the provisions of Clause 1, Article 11 of this Circular.

2. Preparation of a planned product logging table: The forest owner prepares it themselves or hires consultants to delineate boundaries, develop a utilization logging area layout diagram, collect data, and prepare a planned product logging table. After completion, the local forest rangers or commune forestry officials inspect the site and issue a confirmation record.

3. Logging registration: The forest owner submits one set of documents to the People's Committee at the district level. The documents include: A logging registration form, a document from the competent authority allowing the conversion of forest land for construction projects or changes in forest use, a confirmation record issued by the local forest rangers or commune forestry officials, a planned product logging table, and a logging area layout diagram.

Within three working days from the date of receiving the documents, if they are incomplete or invalid, the People's Committee at the district level must notify the forest owner to supplement them according to regulations.

Within ten working days from the date of receiving complete and valid documents, if the People's Committee at the district level does not object, the forest owner may log according to the registered documents.

Article 23. Exploitation during the implementation of forest management measures

1. For natural forests

a) Establish a planned exploitation table: The forest owner either conducts it themselves or hires consultants to prepare design documents or forest management projects; hammer-mark trees for natural forest timber with a diameter at breast height (D1.3m) of 25 cm or more; establish a planned exploitation product table. After completion, the local forest rangers or village forestry officials confirm.

b) Register exploitation: The forest owner submits one set of documents to the People's Committee of the district. Documents include: the exploitation registration form, the design or forest management project self-approved by the forest owner, the planned exploitation product table, and the confirmation from the local forest rangers or village forestry officials.

Within three working days from the date of receiving the documents, if they are not valid, the People's Committee of the district must notify the forest owner to supplement them according to regulations.

Within ten working days from the date of receiving complete valid documents, if the People's Committee of the district does not provide comments, the forest owner may exploit according to the registered documents.

2. For planted forests

a) Establish a planned exploitation table: Conducted as specified in point a, Clause 1 of this Article, except for the content of hammer-marking trees.

b) Register exploitation: The forest owner submits one set of documents to the People's Committee of the commune. Registration documents are as stipulated in point b, Clause 1 of this Article.

Within three working days from receiving the documentation, if the documentation is not yet complete, the People's Committee of the commune must notify the forest owner to supplement according to regulations.

Within five working days from the date of receiving complete and valid documents, if the People's Committee at the commune level does not object, the forest owner may log according to the registered documents.

Article 24. Exploitation of standing dead, burned, fallen, and broken trees, and collection of various types of lying, root, and branch wood

In cases where products are not collected, the forest owner decides independently; if products are collected, the following procedures shall be followed:

1. For natural forest timber or planted forests funded by state budget or non-repayable aid

a) The forest owner either conducts or hires consultants to investigate, survey on-site, build a layout plan for the exploitation area, and establish a planned exploitation product table.

b) Register exploitation and collection: The forest owner submits one set of documents to the People's Committee of the district. Documents include: the exploitation registration form, the planned exploitation product table, and the layout plan for the exploitation area. Within three working days from the date of receipt of the documents, if they are not valid, the People's Committee of the district must notify the forest owner to supplement according to regulations.

Within ten working days from the date of receiving complete valid documents, if the People's Committee of the district does not provide comments, the forest owner may exploit according to the registered documents.

2. For planted forest timber funded by the forest owner or supported by the State

a) Establish a product exploitation list: The forest owner either conducts or hires consultants to investigate, verify, and establish a planned exploitation product table.

b) Register exploitation: The forest owner submits one set of documents to the People's Committee of the commune for registration. Documents include: the exploitation registration form, and the planned exploitation product table.

Within three working days from receiving the documentation, if the documentation is not yet complete, the People's Committee of the commune must notify the forest owner to supplement according to regulations.

Within five working days from the date of receiving complete and valid documents, if the People's Committee at the commune level does not object, the forest owner may log according to the registration.

Article 25. Exploitation of non-timber forest products and bamboo in natural forests and planted forests (excluding strictly protected zones of special-use forests)

1. Non-timber forest products listed in the CITES management directory and pine resin in natural forests and planted forests funded by state budget or non-repayable aid

a) Design exploitation: The forest owner either conducts or hires consultants to investigate and assess on-site to build a layout plan for the exploitation area and write a design exploitation description.

b) Grant exploitation permit: The forest owner submits one set of documents to the People's Committee of the district. Documents include: the application report, the design exploitation description, and the layout plan for the exploitation area.

Within three working days from the date of receipt of the documents, if they are not valid, the People's Committee of the district must notify the forest owner to supplement according to regulations.

Within ten working days from the date of receipt of valid documents, the People's Committee of the district approves the documents, grants the exploitation permit, and returns the result to the forest owner. The exploitation permit validity period is a maximum of twelve months from the date of issuance.

2. Non-timber forest products not specified in Clause 1 of this Article

a) Establish a planned exploitation table: The forest owner either conducts or hires consultants to investigate and assess on-site and establish a planned exploitation product table.

b) Register exploitation: Follows point b, Clause 2 of Article 24 of this Circular.

Chapter III

IMPLEMENTATION

Article 26. Responsibilities of Forest Owners and Logging Units

1. Implement correctly all procedures for logging, harvesting timber and non-timber forest products as prescribed in this Circular.

2. Bear legal responsibility for the accuracy of logging design documentation, logging design descriptions, anticipated product logging tables, and related documents they establish, register, report, or propose.

3. Organize self-inspection of logging and timber harvesting activities. Bear legal responsibility if violations occur in areas permitted by competent authorities or registered by themselves.

4. Comply with reporting requirements as stipulated in Article 33, Chapter III of this Circular. Reporting forms are attached as Appendices 4 and 5.

Article 27. Responsibilities of the People's Committee at the Commune Level

1. Correctly perform tasks and powers in receiving and processing logging and timber harvesting procedures within their commune as prescribed in this Circular.

2. Bear legal responsibility for the accuracy of confirmation of procedures and results of supervision during implementation by forest owners and logging units within their commune.

3. Bear responsibility to the Chairman of the People's Committee at the district level and provincial level if violations occur within their commune.

4. Propose to the People's Committee at the district level to promptly resolve difficulties and obstacles faced by forest owners and logging units in the field of logging and timber harvesting.

5. Have the authority to suspend operations, refuse to process logging and timber harvesting procedures from forest owners and logging units if violations occur or if they fail to comply with reporting requirements as prescribed.

6. Comply with reporting requirements as stipulated in Article 33, Chapter III of this Circular. Reporting forms are attached as Appendix 6.

Forestry rangers and commune forestry officials assist the Chairman of the People's Committee at the commune level in performing the tasks specified in this Article.

Article 28. Responsibilities of the People's Committee at the District Level

1. Correctly perform tasks and powers in receiving and processing logging and timber harvesting procedures within their district as prescribed in this Circular.

2. Bear legal responsibility for the accuracy of confirmation of procedures, issuance of logging permits, and results of supervision during logging and timber harvesting within their district.

3. Bear responsibility to the Chairman of the People's Committee at the provincial level if violations occur within their district.

4. Propose to the People's Committee at the provincial level to promptly resolve difficulties and obstacles faced by forest owners in the field of logging and timber harvesting.

5. Inspect and supervise the processing and handling of logging and timber harvesting procedures by the People's Committee at the commune level. Have the authority to suspend operations, refuse to process, or not allow the People's Committee at the commune level to implement logging and timber harvesting procedures if forest owners or logging units commit violations or fail to comply with reporting requirements as prescribed.

6. Comply with reporting requirements as stipulated in Article 33, Chapter III of this Circular. Reporting forms are attached as Appendix 7.

District forestry rangers and functional departments of the district assist the Chairman of the People's Committee at the district level in performing the tasks specified in this Article.

Article 29. Responsibilities of the Provincial People's Committee

1. Carry out tasks and powers during the process of handling procedures for logging, harvesting timber and non-timber forest products within the province as stipulated in this Circular.

2. Bear responsibility and direct the People's Committees at the district and commune levels and relevant agencies to perform their functions in managing state administration for forest protection and development in localities.

3. Assign plans for logging natural forest timber to organizations and district-level People's Committees according to notifications from the Ministry of Agriculture and Rural Development.

4. Bear responsibility before the Prime Minister if violations occur in logging, harvesting timber and non-timber forest products within the province.

5. Direct inspection and supervision work on the handling of procedures for logging, harvesting timber and non-timber forest products by the Department of Agriculture and Rural Development, district and commune-level People's Committees. Have the authority to suspend operations, refuse to handle or not allow district and commune-level People's Committees and provincial functional agencies to carry out procedures for logging, harvesting timber and non-timber forest products for forest owners who violate regulations or fail to report accurately as required.

6. Adhere to reporting requirements as specified in Article 33, Chapter III of this Circular.

The Department of Agriculture and Rural Development assists the Chairman of the People's Committee at provincial level in performing the tasks prescribed in this Article.

Article 30. Responsibilities of the Department of Agriculture and Rural Development

1. Carry out tasks and powers during the process of receiving and handling procedures for logging, harvesting timber and non-timber forest products within the province as stipulated in this Circular.

2. Provide detailed guidance on the contents of forms and other related documents concerning procedures for logging, harvesting timber and non-timber forest products as stipulated in this Circular to ensure uniform application at the local level.

3. Bear responsibility before the Chairman of the Provincial People's Committee, the Minister of Agriculture and Rural Development, and the law regarding the accuracy in approving design documents for logging natural forest timber of organizations and handling procedures for logging, harvesting timber and non-timber forest products carried out by itself.

4. Inspect and supervise the handling and processing of procedures for logging and harvesting timber and non-timber forest products by district and commune-level People's Committees. Propose the Provincial People's Committee or request district and commune-level People's Committees not to carry out procedures for logging, harvesting timber and non-timber forest products for forest owners who violate regulations or fail to report accurately as required.

5. Adhere to reporting requirements as specified in Article 33, Chapter III of this Circular. The report format is attached as Appendix 8.

The Forestry Service and Forest Protection Service assist the Director of the Department of Agriculture and Rural Development in performing the tasks prescribed in this Article.

Article 31. Responsibilities of the Forestry General Administration

1. Carry out tasks and powers during the process of receiving and handling procedures for logging, harvesting timber and non-timber forest products nationwide as stipulated in this Circular.

2. Compile reports for the Minister of Agriculture and Rural Development to submit to the Prime Minister for approval of annual plans for logging natural forest timber across the country.

3. Announce annual production targets for logging natural forest timber to centrally-administered cities and provinces according to the Prime Minister's approval.

4. Guide the Department of Agriculture and Rural Development on the content of approvals for design documents and permits for logging natural forest timber. Conduct regular annual inspections of the implementation of procedures and management of logging activities in localities.

5. Propose the Minister of Agriculture and Rural Development to suspend operations, refuse to handle or require the Provincial People's Committee not to carry out procedures for logging, harvesting timber and non-timber forest products for forest owners who violate regulations or fail to report accurately as required.

6. Handle emerging issues in the field of logging, harvesting timber and non-timber forest products within the scope of authority delegated by the Minister of Agriculture and Rural Development.

Article 32. Tasks of the Forest Protection Agency

1. Carry out tasks and powers during the process of receiving and handling procedures for logging, harvesting timber and non-timber forest products within the province as stipulated in this Circular.

2. Inspect, supervise, and promptly detect violations in the exploitation and harvesting of timber and non-timber forest products by forest owners and exploitation units to timely propose or handle according to regulations.

3. Implement the confirmation of contents in product lists; the volume of timber and non-timber forest products exploited and harvested in accordance with the provisions of this Circular to serve as the basis for circulation and consumption.

Article 33. Reporting System

1. Procedure for reporting the results of forest exploitation.

a) Forestry staff and local forest rangers report to the People's Committee of the commune.

b) Forest owners who are organizations or units exploiting forests report to the People's Committee of the district, Department of Agriculture and Rural Development, and the direct superior management unit (for organizations not belonging to the province).

c) The People's Committee of the commune and the Forest Ranger Station report to the People's Committee of the district.

d) The People's Committee of the district reports to the People's Committee of the province and the Department of Agriculture and Rural Development.

e) The Department of Agriculture and Rural Development reports to the People's Committee of the province and the Ministry of Agriculture and Rural Development.

f) The People's Committee of the province reports to the Ministry of Agriculture and Rural Development.

2. Reporting periods for the results of forest exploitation.

a) Forest owners who are organizations, local forest rangers, and forestry staff at the commune level report on the 20th of each month.

b) The People's Committee of the commune reports on the 25th of each month.

c) The People's Committee of the district reports on the 30th of the third month in each quarter.

d) The Department of Agriculture and Rural Development reports periodically every six months and annually.

e) The People's Committee of the province reports periodically annually.

3. Contents of the report on the results of forest exploitation.

a) Exploitation and harvesting of natural timber and planted timber: Total volume exploited during the reporting period ...m3 (main exploitation...m3, exploitation utilization...m3, harvesting...m3), detailed as follows: Volume of felled timber, volume of timber inspected and stamped by the forest ranger, volume of timber consumed (including volume already entered into processing units' workshops).

b) Exploitation of other forest products except timber: Types, volume of other forest products exploited, volume of other forest products consumed (trees, tons, or m3).

c) Evaluation of the implementation of procedures and norms in exploitation, highlighting difficulties and obstacles encountered during implementation.

Article 34. Implementation Provisions

1. This Circular replaces Decision No. 40/2005/QĐ-BNN dated July 7, 2005, of the Minister of Agriculture and Rural Development on the issuance of the Regulation on Timber and Other Forest Products Exploitation.

2. Previous regulations of the Ministry of Agriculture and Rural Development regarding procedures for exploitation and harvesting of timber and non-timber forest products that conflict with this Circular shall cease to be effective.

3. This Circular takes effect 45 days from the date of issuance.

4. During implementation, any issues should be promptly reflected to the Ministry of Agriculture and Rural Development for revision and supplementation./.