Circular No. 38/2007/TT-BNN guiding the procedures and formalities for transferring forests, leasing forests, and reclaiming forests for organizations, households, individuals, and village communities.

CIRCULAR

Guidelines for the procedures and steps to transfer forests, lease forests, and reclaim forests for organizations, households, individuals, and village community residents.

households, individuals, and village community residents

____________________________

Pursuant to the Tourism Law dated June 14, 2005;

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

Pursuant to Decree No. 86/2003/NĐ-CP, dated July 18, 2003, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

The Ministry of Agriculture and Rural Development provides guidelines for the procedures and steps to transfer forests, lease forests, and reclaim forests for organizations, households, individuals, and village community residents as follows:

Section I

GENERAL PROVISIONS

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular guides the procedures and steps to transfer forests, lease forests, and reclaim forests for organizations, households, individuals, and village community residents, hamlets, villages, communes, villages, clusters, or equivalent units (hereinafter referred to as village community residents).

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

State management agencies, organizations, households, individuals, and village community residents within the country that are related to the transfer of forests, leasing of forests, and reclamation of forests.

3. Principles for transferring forests, leasing forests, and reclaiming forests

a) Transferring forests, leasing forests, and reclaiming forests shall be carried out in accordance with Article 22 of the Law on Forest Protection and Development;

b) Forest areas currently in dispute shall not be transferred or leased;

c) The transfer, lease, and reclamation of forests must involve local residents and be publicly announced.

4. Basis, responsibilities, and conditions for transferring forests, leasing forests, and reclaiming forests

a) The basis for transferring, leasing, and reclaiming forests shall be implemented in accordance with Article 19 of Decree No. 23/2006/NĐ-CP dated March 30, 2006 of the Government on the implementation of the Law on Forest Protection and Development (hereinafter referred to as Decree No. 23/2006/NĐ-CP); the responsibility for transferring, leasing, and reclaiming forests is stipulated in Article 30 of Decree No. 23/2006/NĐ-CP;

b) In cases where there is no approved forest protection and development plan as required, a land use plan for forestry and a three-category forest planning scheme must be established by the competent authority;

Organizations, households, individuals, and village community residents must have the capacity to manage, protect, and develop forests.

5. Auctioning the right to use forests and the ownership of production forests planted by individuals.

The auctioning of the right to use forests and the ownership of production forests planted by individuals shall be carried out in accordance with Article 34 of the Law on Forest Protection and Development, point b Clause 3 Article 20, Clause 4 Article 21 of Decree No. 23/2006/NĐ-CP, and the provisions of the law on auctions.

PART II

PROCEDURES AND STEPS FOR TRANSFERRING FORESTS

1. Transferring forests

a) Transfer of forests without payment for forest use: The State transfers forests without payment for forest use in the following cases

- Transfer special-use forests including national parks, nature reserves, scenic protection zones, and scientific research and experimental forests to forest management boards, scientific research and technology development organizations, training and vocational education institutions in forestry for the management, protection, and development of special-use forests.

- Transfer concentrated protective forests to forest protection management boards; transfer intermixed protective forests within production forests to economic organizations; transfer scattered protective forests to village community residents, households, and individuals residing in the commune where the forest is located; transfer border protective forests to armed forces for direct management, protection, and development of forests.

- Transfer natural production forests and planted production forests to village community residents, households, and individuals residing in the commune where the forest is located for direct forestry production; economic organizations producing forest tree seedlings; economic - National Defense - Security units under the people's armed forces; forest management boards in cases where production forests are intermixed within special-use forests and protective forests already transferred to forest management boards.

b) Transferring forests with payment for forest use: The State transfers natural production forests and planted production forests with payment for forest use to economic organizations.

2. Plan for transferring forests

a) Before transferring forests, the People's Committee at the level specified in Article 24 of Decree No. 23/2006/NĐ-CP must prepare a forest transfer plan and submit it to the People's Council at the same level for approval and report to the higher-level People's Committee for approval;

b) The forest transfer plan must clearly specify the current status of various types of forests in the locality; the need for forest management and use; the priority order of recipients (for household and individual transfers, the forest allocation limit must be determined); location names of the area to be transferred; progress plan; responsibilities and funding for implementation...

The plan for transferring forests must reflect each recipient in both the file and on the map.

3. Limit on transferring forests to households and individuals

The forest allocation limit for households and individuals is proposed by the People's Committee at the district level and approved by the People's Committee at the provincial level based on the forest fund of each locality but shall not exceed the maximum limit prescribed in Article 22 of Decree No. 23/2006/NĐ-CP.

4. Procedures and steps for transferring forests to households and individuals

a) Step 1: Preparation

- People's Committees at all levels organize the dissemination and implementation of the State's policies on forest transfer and the rights and obligations of forest owners to local residents.

- Establish a steering committee and a forest transfer council: The People's Committee at the district level establishes a district-level forest transfer steering committee and a district-level forest transfer working group. The People's Committee at the commune level establishes a commune-level forest transfer council (Annex 2).

- Prepare funds and technical materials for the forest transfer process.

b) Step 2: Acceptance of applications and review of applications

- Households and individuals submit forest transfer applications at the village level or at the People's Committee at the commune level (Annex 3).

- The People's Committee at the commune level is responsible for:

+ Guiding the village to convene a meeting of all representatives of households in the village to consider and propose to the People's Committee at the commune level the forest transfer plan and adjustments to the forest transfer plan for each household within the village.

+ Directing the commune-level forest transfer council to verify the conditions for transferring forests to households and individuals who have submitted applications for forest transfer and report to the commune People's Committee.

Conducting on-site inspections of the forest areas intended for transfer to households and individuals to ensure compliance with the legal conditions and bases for forest transfer; the transferred forest area should not be disputed.

+ Confirming and transferring the application of households and individuals to the competent agency responsible for advising the district-level People's Committee on forestry management (hereinafter referred to as the district-level competent agency).

The time frame for Step 2 is 15 (fifteen) working days from the date the commune People's Committee receives the application of households and individuals.

c) Step 3: review and finalize the dossier

The competent authority at the district level, upon receiving the application from households or individuals transferred by the People's Committee at the commune level, shall be responsible for:

- Inspecting the on-site determination and reviewing the dossier of the forest area to be allocated to households or individuals.

- Organizing the on-site inspection must be documented with signatures of representatives of the forestry consulting organization (the consulting organization is primarily responsible for assessing the quality of the forest; representatives of the commune People's Committee and representatives of the household or individual requesting land allocation). The review of the dossier aims to ensure compliance with current State regulations regarding the allocation of forests to households or individuals.

- Preparing a report attached to the dossier and submitting it to the People's Committee at the district level for consideration and decision on the allocation of forests to households or individuals.

- The time limit for completing Step 3 is 15 working days.

d) Step 4: deciding on the allocation of forests

The People's Committee at the district level, upon receiving the report and dossier on forest allocation transferred by the competent authority at the district level, shall consider and decide on the allocation of forests to households or individuals (Annex 4). The decision on allocating forests to households or individuals shall be sent to the People's Committee at the commune level, the competent authority at the district level, and the households or individuals. The time limit for completing Step 4 is 3 working days.

e) Step 5: implementing the decision on forest allocation

- Upon receiving the decision on forest allocation from the People's Committee at the district level, the People's Committee at the commune level shall be responsible for organizing the on-site handover of the forest to the households or individuals, with the participation of adjacent forest owners; the handover of the forest must be documented in a handover record signed by representatives of the People's Committee at the commune level, representatives of the households or individuals (Annex 5).

- After receiving the on-site handover of the forest, the households or individuals shall be responsible for clearly defining the boundaries of the allocated forest area and marking them with the presence of representatives of the People's Committee at the commune level and adjacent forest owners (Annex 6).

During the implementation of the above steps, when the dossier reaches any agency, that agency shall be responsible for reviewing and supplementing the forest allocation dossier with the contents of each step until the completion of the forest allocation process; if households or individuals do not meet the conditions for forest allocation, the agency receiving the dossier must return the dossier to the sending agency and clearly inform the reasons why the households or individuals are not eligible for forest allocation. The time limit for completing Step 4 is 3 working days.

5. Procedures and formalities for allocating forests to village communities

a) Step 1: Preparation

- To be implemented as for allocating forests to households or individuals as stipulated in Clause 2 and Point a, Clause 4 of this Section.

- Village community meetings shall be held to reach consensus on the following main issues:

+ Approving the application to the State for allocating forests to the village community, the application must clearly state the location, area, purpose of use, and other related information (Annex 3).

+ Approving the management plan for the forest area after being allocated by the State, the management plan for the forest by the village community.

b) Step 2: receiving and examining the dossier

- The village community submits the dossier to the People's Committee at the commune level, which includes:

+ An application for forest allocation signed by the representative of the village.

+ The forest management plan by the village community together with the minutes of approval by the village community.

- The People's Committee at the commune level, upon receiving the dossier from the village community, shall be responsible for:

+ Directing the Forest Allocation Council at the commune level to inspect the conditions for allocating forests to the village community and reporting to the People's Committee at the commune level.

+ Conducting on-site inspections of the forest area planned to be allocated to the village community to ensure the conditions and basis for allocating forests according to the provisions of the law.

+ Confirming and transferring the application of the village community to the competent authority at the district level.

The time limit for completing Step 2 is 15 working days from the date of receipt of the application from the village community.

c) Step 3: review and finalize the dossier

The competent authority at the district level, upon receiving the dossier from the People's Committee at the commune level, shall be responsible for:

- Organizing the identification of the characteristics of the forest area to be allocated to the village community (identifying the quality of the forest to be allocated to the village community - by the forestry consulting organization responsible).

- Leading the review of the results of identifying the characteristics of the forest area based on the confirmation of the responsible consulting organization about the assessment of the forest (the consulting organization is primarily responsible for assessing the quality of the forest, signing the evaluation record along with the forest owner and local government representative); the suitability of the allocation of forests with the forest protection and development planning or land use planning or three types of forest planning; the feasibility of the forest management plan of the village community.

- Preparing a report and submitting it to the People's Committee at the district level regarding the allocation of forests to the village community.

- The time limit for completing Step 3 is 10 working days.

d) Step 4: deciding on the allocation of forests.

The People's Committee at the district level, upon receiving the report from the competent authority, shall be responsible for considering and deciding on the allocation of forests to the village community (Annex 4); transferring the decision on the allocation of forests to the village community, the People's Committee at the commune level, and the competent authority at the district level. The time limit for completing Step 4 is 3 working days.

e) Step 5: implementing the decision on forest allocation.

- The People's Committee at the commune level, upon receiving the decision on forest allocation from the People's Committee at the district level, shall be responsible for:

+ Notifying and urging the village community to fulfill financial obligations (if any).

+ Organizing the on-site handover of the forest with the participation of the competent authority and adjacent forest owners; documenting the handover record between the People's Committee at the commune level and the village community (Annex 5).

- The village community immediately after receiving the forest on-site shall be responsible for marking the boundaries of the allocated forest area with the presence of representatives of the People's Committee at the commune level and adjacent forest owners (Annex 6).

During the implementation of the above steps, when the dossier reaches any agency, that agency shall be responsible for reviewing and supplementing the forest allocation dossier with the contents of each step until the completion of the forest allocation process; if the village community does not meet the conditions for forest allocation, the agency receiving the dossier must return the dossier to the sending agency and clearly inform the reasons why the village community is not eligible for forest allocation.

The time to implement Step 5 is 3 working days.

6. Procedure and formalities for transferring forests to organizations.

a) Step 1: Preparation

- Implement as prescribed in Clause 2 of this Section.

- Review forest land at agricultural and forestry farms, develop plans to transfer land back to localities to allocate remaining portions to the people before initiating procedures to grant land rights.

- The Department of Agriculture and Rural Development shall be responsible for monitoring the entire area of forests and land planned for forestry purposes, and publicly announce the areas of forests and forest land that have not yet been transferred or leased at the Department of Agriculture and Rural Development office.

- Organizations wishing to be granted forests shall work with the Department of Agriculture and Rural Development and the People's Committee of the district to introduce and agree on the location of the forest area proposed to be granted or leased by the State.

b) Step 2: submit application (Annex 1)

Organizations wishing to use forests shall submit applications to the Department of Agriculture and Rural Development, which shall include:

- Application for granting forests (Annex 3).

- Decision on establishment of organization or business registration certificate (certified copy).

- Agreement on the location of the forest area from the Department of Agriculture and Rural Development and the People's Committee of the district.

- Investment project for the forest area.

c) Step 3: review and complete the application

After receiving the application for granting forests, the Department of Agriculture and Rural Development shall be responsible for:

- Designating a consulting unit to prepare documentation to determine boundaries, area, condition, and value of the forest area.

- Publicly announcing through several local mass media outlets that the organization has submitted an application to the province to be granted forests, the location of the forest area requested to be granted, and receiving public feedback.

- Leading the review of the forest-granting application prepared by the consulting unit and conditions for granting forests; the feasibility of the organization’s investment project for the forest area.

- Preparing and submitting to the Provincial People's Committee for approval a plan to auction the right to use forests in cases where the organization, upon being granted forests, will pay for the use of forests through an auction process.

- Sending relevant documents concerning the forest area to the tax authority to determine financial obligations (if any).

- Preparing the forest-granting application for the organization to submit to the Provincial People's Committee.

The time to implement Step 3 includes the announcement, posting, and review period of 30 working days from the date of receipt of the organization's application.

d) Step 4: consider and decide on granting forests

After receiving the forest-granting application for the organization, the Provincial People's Committee shall be responsible for:

+ Considering and signing the decision to grant forests to the organization (Annex 4).

+ Directing and organizing the bidding for the use of forests in cases where bidding is required.

+ Transferring the decision to grant forests to the organization and the Department of Agriculture and Rural Development.

The time to implement this step is 5 working days.

đ) Step 5: implementing the decision to grant forests, lease forests.

- The Department of Agriculture and Rural Development, after receiving the decision from the Provincial People's Committee, shall be responsible for:

+ Notifying the organization to fulfill financial obligations (if any).

+ Leading and coordinating with the District People's Committee to carry out the handover of forests to the organization, with the participation of the Village People's Committee, functional departments, and adjacent forest owners; preparing a handover record with the organization and individuals (Annex 5).

- After receiving the forest on-site, the Department of Agriculture and Rural Development shall guide the organization to set up boundary markers for the granted forest area, witnessed by representatives of the Village People's Committee and adjacent forest owners (Annex 6).

During the implementation of the above steps, when the application reaches any agency, that agency shall be responsible for reviewing and supplementing the forest-granting application with the contents of each step until the completion of the forest-granting process; if the organization does not meet the conditions for granting forests, the agency receiving the application must return it to the sending agency and clearly inform the reasons why the organization was not granted forests. The time to implement Step 5 is 3 working days (from the date the organization completes its financial obligations).

Section III

PROCEDURE AND FORMALITIES FOR THE STATE TO LEASE FORESTS

1. Leasing forests

The State leases various types of forests to economic organizations, households, and individuals according to the provisions of Clauses 1, 2, and 3 of Article 25 of the Law on Protection and Development of Forests.

2. Procedure and formalities for leasing forests to households and individuals

a) Step 1: preparation step: implement as prescribed in Point a, Clause 2, Part II of this Circular.

b) Step 2: Acceptance of applications and review of applications

- Households and individuals submit an application for leasing forests along with their forest usage plan to the People's Committee of the commune (Annex 3).

- The acceptance and examination of the application shall be carried out according to the provisions of Point b, Clause 2, Part II of this Circular.

The time to implement this step is 15 working days.

c) Step 3: review and finalize the dossier

- Implement as prescribed in Point c, Clause 2, Part II of this Circular.

- The competent authority at the county level shall be responsible for:

+ Leading the review of the feasibility of the forest usage plan of the household or individual applying for leasing forests.

- Preparing and submitting to the County People's Committee a plan to organize the auction of the right to use forests (by rent, if multiple applicants request to lease the same location).

- Sending relevant documents concerning the forest area to the tax authority to determine financial obligations (if any).

The time to implement Step 3 is 15 working days.

d) Step 4: decision to lease forests

After receiving the application from the competent authority at the county level, the responsibility lies with:

+ Considering and signing the decision to lease forests to households and individuals (Annex 4).

+ Signing a contract with households and individuals regarding the leasing of forests (Annex 5).

+ Transferring the decision to lease forests to households and individuals, the Commune People's Committee, and the competent authority.

+ Notifying households and individuals who have been leased forests to fulfill financial obligations within 10 working days.

The time to implement Step 4 is 13 working days.

đ) Step 5: implementing the decision to grant forests, lease forests

After receiving the decision to lease forests, the Commune People's Committee shall implement according to the provisions of Point đ, Clause 2, Part II of this Circular. The time to implement Step 5 is 3 working days (after the lessee fulfills financial obligations - if any).

3. Procedure and formalities for leasing forests to organizations.

a) Step 1: Preparation

Preparation shall be implemented according to the provisions of Point a, Clause 4, Part II of this Circular.

b) Step 2: submit application (Annex 1)

An organization that wishes to lease a forest shall submit a forest leasing application along with the documents specified in point b, Clause 6, Section II of this Circular to the Department of Agriculture and Rural Development.

c) Step 3: review and complete the application

Upon receiving the forest leasing application, the Department of Agriculture and Rural Development shall be responsible for:

- Announcing publicly on local mass media the fact that the organization has submitted an application to lease the forest, the location of the forest area requested for leasing, and accepting feedback from society.

- Implementing according to the provisions set out in point c, Clause 4, Section II of this Circular.

- Preparing and submitting to the Provincial People's Committee a plan to organize the auction of the right to use the forest (by rental payment, if there are two or more organizations requesting to lease the forest in the same area).

- Organizing the auction.

The time limit for implementing this step is thirty days.

d) Step 4: Reviewing and deciding to lease the forest.

- Implementing according to the provisions set out in point d, Clause 4, Section II of this Circular.

After receiving the documents from the Department of Agriculture and Rural Development, the Provincial People's Committee shall be responsible for:

+ Reviewing and signing the decision to lease the forest to the organization (Annex 4).

The time limit for implementing Step 4 is five working days.

đ) Step 5: Implementing the decision to transfer and lease the forest.

Implementing according to the provisions set out in point đ, Clause 6, Section II of this Circular. The time limit for implementation is three working days.

Chapter IV

PROCEDURE FOR RECLAIMING FORESTS

1. Reclaiming forests

The procedure for reclaiming forests shall be carried out in accordance with Article 26 of Decree No. 23/2006/NĐ-CP.

2. Procedure and formalities for reclaiming forests in cases stipulated in points a and b, Clause 1, Article 26 of the Law on Protection and Development of Forests and Clause 2, Article 26 of Decree No. 23/2006/NĐ-CP.

a) Step 1: Formulating compensation plans and forest reclamation plans

Based on the forest protection and development planning and plans approved by competent state agencies, the Provincial People's Committee and the District People's Committee shall organize the formulation of compensation and forest reclamation plans as follows:

- In cases where forests are reclaimed without investment projects, the Provincial People's Committee shall assign the Department of Agriculture and Rural Development to lead the formulation of comprehensive compensation and forest reclamation plans to be submitted for approval by the Provincial People's Committee.

- In cases where forests are reclaimed for investment projects, the District People's Committee shall be responsible for formulating comprehensive compensation and forest reclamation plans to be submitted for approval by the Provincial People's Committee.

b) Step 2: Approving compensation plans and decisions on forest reclamation

The process of approving compensation plans and decisions on forest reclamation is as follows:

- The District People's Committee shall notify the forest owners whose forests are being reclaimed, specifying the reasons, characteristics of the reclaimed forest areas, relocation times and plans, and compensation plans.

- The District People's Committee shall prepare and submit its own compensation plan, while the Department of Agriculture and Rural Development shall submit the decision on forest reclamation to the Provincial People's Committee for approval.

c) Step 3: Approving compensation plans and decisions on forest reclamation

- After receiving the forest reclamation documents from the District People's Committee and the Department of Agriculture and Rural Development, the Provincial People's Committee shall be responsible for reviewing, signing, and sending the forest reclamation decision and the decision on approving the compensation and reclamation plans to the District People's Committee and the Department of Agriculture and Rural Development.

- In cases where the reclaimed forest areas include forests used by households, individuals, or community villages, after receiving the forest reclamation decision from the Provincial People's Committee, the District People's Committee shall be responsible for issuing specific reclamation decisions for each household, individual, or community village owner.

d) Step 4: Managing and transferring reclaimed forests

The District People's Committee shall be responsible for organizing the implementation of compensation and forest reclamation and managing the reclaimed forest areas as follows:

- In cases without investment projects, the management shall be assigned to the Commune People's Committee.

- In cases with approved investment projects, the management shall be transferred to the investor to implement the project.

- In cases where forests are reclaimed for non-forestry purposes, the exploitation and harvesting shall be carried out in accordance with current regulations on forest exploitation management.

In addition to the provisions in Clause 2 of this section, the procedures and formalities for reclaiming forests shall also be implemented in accordance with current state regulations on compensation and property reclamation when the state reclaims land for economic, security, or defense purposes.

3. Procedures and formalities for reclaiming forests in cases stipulated in points c and d, Clause 1, Article 26 of the Law on Protection and Development of Forests.

a) Cases where forests are reclaimed from organizations that have been granted forests by the State without payment for forest use rights or with payment for forest use rights sourced from the state budget, or from organizations that have leased forests annually and are relocating or no longer need to use the forests, and the forest owners voluntarily return the forests as follows:

Step 1: Submitting a document regarding the return of the forest

When relocating or no longer needing to use the forest, the forest owner shall submit a document returning the forest along with the decision granting the forest, the lease decision, or the certificate of forest use rights recorded on the land use right certificate to the relevant state agency as follows:

- For domestic organizations, overseas Vietnamese, foreign organizations, or individuals, the document shall be sent to the Provincial People's Committee.

- For households, individuals, or community village owners, the document shall be sent to the District People's Committee.

Step 2: Processing the document

After receiving the document returning the forest from the forest owner, the Provincial People's Committee or the District People's Committee shall be responsible for reviewing and assigning the Department of Agriculture and Rural Development or the competent county authority to verify the characteristics of the forest area when necessary, and submitting to the same-level People's Committee for a decision on forest reclamation.

Step 3: Making the decision on forest reclamation

- The provincial People's Committee shall examine, sign and send the decision to reclaim forests to the owner of the forest who is a domestic organization, overseas Vietnamese, foreign organizations or individuals to the Department of Agriculture and Rural Development and the district-level People's Committee.

- The district-level People's Committee shall examine, sign and send the decision to reclaim forests to the owner of the forest who is a household, individual, or village community to the competent authority and the commune-level People's Committee.

- The provincial and district-level People's Committees shall direct the determination and handling of the value invested by the forest owner in the forest area (if any).

b) In the case of reclaiming forests from organizations that have been allocated forests by the State without payment for forest use or with payment for forest use where the funds come from the state budget or have rented forests on an annual basis and have now ceased operations or gone bankrupt, it shall be carried out as follows:

Step 1: Upon receiving the decision on cessation or bankruptcy from the competent state agency, the forest owner shall be responsible for sending the decision on cessation or bankruptcy to the Department of Agriculture and Rural Development where the forest is located.

Step 2: After receiving the decision on cessation or bankruptcy, the Department of Agriculture and Rural Development shall be responsible for reviewing and verifying the forest area; preparing the file to submit to the same-level People's Committee to decide on reclaiming the forest.

Step 3: The provincial People's Committee shall be responsible for

- Examining, signing and sending the decision to reclaim the forest to the Department of Agriculture and Rural Development and the district-level People's Committee.

- Directing the determination and handling of the value invested by the forest owner in the forest area (if any).

c) After reclaiming the forest, the district-level People's Committee shall be responsible for directing the commune-level People's Committee to manage the reclaimed forest area and include it in the forest fund for allocation or leasing.

4. Procedures and formalities for reclaiming forests in cases stipulated in point d, Clause 1, Article 26 of the Law on Forest Protection and Development.

a) Step 1: Within thirty days before the expiration of the forest use period, the Department of Agriculture and Rural Development or the competent authority shall be responsible for submitting to the same-level People's Committee to decide on reclaiming the forest.

b) Step 2: After receiving the report from the Department of Agriculture and Rural Development or the competent authority, the People's Committee at the level authorized to reclaim the forest shall be responsible for:

- The provincial People's Committee shall examine, sign and send the decision to reclaim forests to the owner of the forest who is a domestic organization, overseas Vietnamese, foreign organizations or individuals to the Department of Agriculture and Rural Development and the district-level People's Committee.

- The district-level People's Committee shall examine, sign and send the decision to reclaim the forest to the owner of the forest who is a household, individual, or village community to the functional department and the commune-level People's Committee.

- Directing the determination and handling of the value invested by the forest owner in the forest area (if any).

c) Step 3: The district-level People's Committee shall be responsible for directing the commune-level People's Committee to manage the reclaimed forest area and include it in the forest fund for allocation or leasing.

5. Procedures and formalities for reclaiming forests in cases stipulated in points e, g, h and i, Clause 1, Article 26 of the Law on Forest Protection and Development.

a) Step 1: Not later than ten days from the date of receipt of the conclusion of the inspection agency regarding the need to reclaim the forest, the forest owner who is a domestic organization, overseas Vietnamese, foreign organizations or individuals shall be responsible for sending the conclusion to the Department of Agriculture and Rural Development; the forest owner who is a domestic household, individual, or village community shall send the conclusion to the competent authority.

b) Step 2: After receiving the conclusion from the inspection agency, the Department of Agriculture and Rural Development or the competent authority at the district level shall be responsible for reviewing and verifying the characteristics of the forest area when necessary; submitting to the same-level People's Committee to decide on reclaiming the forest.

c) Step 3: After receiving the report from the Department of Agriculture and Rural Development or the competent authority, the People's Committee at the level authorized to reclaim the forest shall be responsible for:

- The provincial People's Committee shall examine, sign and send the decision to reclaim the forest to the owner of the forest who is a domestic organization, overseas Vietnamese, foreign organizations or individuals to the Department of Agriculture and Rural Development and the district-level People's Committee.

- The district-level People's Committee shall examine, sign and send the decision to reclaim forests to the owner of the forest who is a household, individual, or village community to the competent authority and the commune-level People's Committee.

d) Step 4: The district-level People's Committee shall be responsible for directing the commune-level People's Committee to manage the reclaimed forest area and include it in the forest fund for allocation or leasing.

6. Procedures and formalities for reclaiming forests in cases stipulated in point k, Clause 1, Article 26 of the Law on Forest Protection and Development.

a) Step 1: Not later than ten days from the date of receipt of the death certificate or declaration of disappearance from the competent state agency, the commune-level People's Committee shall be responsible for reporting and confirming that the forest owner, who is an individual, has no heirs to the forest to the functional department at the district level.

b) Step 2: After receiving the report from the commune-level People's Committee, the competent authority at the district level shall be responsible for reviewing and verifying the actual situation, submitting to the district-level People's Committee to reclaim the forest.

c) Step 3: After receiving the report from the competent authority, the district-level People's Committee shall be responsible for examining, signing and sending the decision to reclaim the forest to the functional department and the commune-level People's Committee.

d) Step 4: After receiving the decision to reclaim the forest from the district-level People's Committee, the commune-level People's Committee shall be responsible for managing the reclaimed forest area and including it in the forest fund for allocation or leasing.

7. Timeframe for implementing the reclamation of forests.

The provincial People's Committee shall specify the timeframe for implementing each step of the forest reclamation process in accordance with local conditions and capabilities, based on the principle of the shortest possible time while complying with the provisions in this guidance.

Section V

DETERMINATION OF CHARACTERISTICS OF ALLOCATED, LEASED AND RECLAIMED FOREST AREAS

Characteristics of allocated, leased and reclaimed forest areas are reflected through the following factors: location, boundaries; type of forest; forest area; condition and quality of the forest.

1. Determination of the location and boundaries of the forest area

a) The location of the allocated, leased or reclaimed forest area is determined by the administrative unit name (commune, ward, town; district, urban district, town under province; province, centrally-administered city) and the name of the state-managed forest area to be allocated, leased or reclaimed.

b) The boundary of the forest area is the boundary of the state-allocated, leased or reclaimed forest area. The boundaries of the allocated, leased or reclaimed forest area must be clearly defined on maps and on-site, easily recognizable, and marked with boundary markers.

c) The map used to determine the location and boundaries of the forest area shall be a topographic map with the VN 2000 system provided by the Ministry of Natural Resources and Environment. Depending on the scale of the forest area transferred, leased for use, one of the maps with scales of 1/5,000, 1/10,000, or 1/25,000 shall be used (Annex 7).

2. Determining the type of forest

The forest area transferred, leased, reclaimed must be identified by type and grade of forest down to each plot in accordance with the three types of forest planning approved by competent state agencies (Annex 7).

3. Determining the area of the forest area

The area of the forest area transferred, leased, reclaimed is the area where the forest owner carries out management, protection, development, and utilization activities, including areas with forests and gaps within the forest according to current concepts of forests.

Only the areas of different types of forests shall be determined; if the forest owner has a need to use land for afforestation and other purposes, such land transfer and lease shall be carried out in accordance with the laws on land and not included in the area of the transferred or leased forest area (Annex 7).

4. Determining the status of the forest

a) Requirement: Each forest plot when transferred, leased, reclaimed must have its status determined. Within a plot, there may be different forest statuses, but the area of any one status within the plot shall not exceed the minimum area specified for dividing plots according to regulations of the Ministry of Agriculture and Rural Development.

b) The division of forest statuses shall be carried out in accordance with the current regulations of the Ministry of Agriculture and Rural Development.

c) Method for determining forest statuses on-site:

- In cases where aerial photographs or satellite images are available, these images shall be used to determine the forest status through image interpretation combined with field verification.

- In cases where no images are available or where conditions do not allow the use of images, direct observation of the forest plot shall be conducted. Based on certain basic characteristics of the forest status, the plot's status shall be determined immediately on-site. Documentation regarding the quality of the forest will include images and descriptions of the status.

5. Determining the forest volume

a) For forest plots that meet the criteria for measuring and calculating forest volume as stipulated at point d of this Clause, the volume of those plots must be determined.

b) For forest areas with multiple plots, the volume of all plots meeting the criteria for calculating volume must be determined; the total volume of the entire forest area is the sum of the volumes of subplots, compartments, or plots.

d) Timber volume: for timber forests, depending on the species, the volume of trees with a diameter D of 5 cm or more shall be calculated; the volume of bamboo and reed is counted based on the number of stems with a basal diameter of 2 cm or more._1.3 đ) Method: the determination of forest volume shall apply one of the following four methods:

- Applying the average forest volume index already established.

- Comprehensive measurement method.

- Typical sample method.

- Systematic sampling method (Annex 7).

Chapter VI

HANDLING CASES OF FOREST TRANSFER AND LEASE BEFORE APRIL 1, 2005

1. Cases where land has been transferred or leased but the forest transfer and lease have not yet been implemented.

Organizations, households, individuals who have been granted land or leased forestry land by competent state authorities but have not yet completed the forest transfer and lease contents shall have the provincial People's Committee or district People's Committee organize the forest transfer and lease on the transferred or leased land area in accordance with this Circular. The quality and status of the forest described in the forest transfer and lease decision shall reflect the quality and status of the forest at the time of reassessing the forest area characteristics and shall be calculated from the effective date of the forest transfer and lease decision.

2. Cases where the transferred or leased area includes non-forestry land.

All areas transferred or leased that are not forestry land must be separated; the transfer and lease of non-forestry land shall be carried out in accordance with the laws on land.

3. Cases where households or individuals have been granted forests without a decision from the competent People's Committee but have signed contracts or received forest registers from the district People's Committee or commune People's Committee.

a) In cases where households or individuals have been granted forests without a decision from the competent authority but have signed contracts or received forest registers from the district People's Committee or commune People's Committee, those households or individuals shall continue to manage and utilize the granted forest area according to the signed contract or issued forest register.

b) The commune People's Committee and relevant county agencies shall review the actual managed and utilized forest area of households or individuals recorded in the contract or forest register:

- If the forest area recorded in the contract or forest register is larger than the actual managed area, the area and boundaries of the granted forest shall be adjusted to match the actual situation.

- If the forest area recorded in the contract or forest register is smaller than the actual managed area, it shall be handled as follows:

+ If the managed forest area does not involve disputes, aligns with the forest protection and development plan, and the household or individual manages the forest well without exceeding the village's forest allocation limit, they shall continue to manage and utilize the forest area and adjust it to match the actual managed area and boundaries.

+ If the managed forest area does not meet the above requirements, only the area recorded in the forest register or contract shall be allocated to the household or individual.

- The duration of forest use by households or individuals is the remaining period recorded in the forest register or contract (if the locality cannot prepare new forest transfer and lease documents).

4. Cases where forests have been transferred or leased but the characteristics of the transferred or leased forest area have not been determined.

The period of forest use for households and individuals is the remaining period recorded in the forestry register book or in the lease agreement (if the locality does not have the conditions to re-establish new forest transfer or lease files).

Case where forests have been transferred or leased but the characteristics of the transferred or leased forest areas have not yet been determined.

In cases where forests have been transferred or leased but their characteristics have not yet been determined or are missing one of the forest's characteristics, it is necessary to fully determine the forest's characteristics according to Section III of this Circular to supplement the necessary information into the land use right certificate and in the forest management files.

5. In cases where forests were transferred without payment for forest use, they must now be converted to a transfer with payment for forest use.

a) The provincial People's Committee shall direct and review cases where forests were previously transferred without payment and must now be converted to a transfer with payment for forest use.

b) Based on the results of the review and the State regulations, the provincial People's Committee shall consider and issue decisions regarding the conversion of areas of forests transferred without payment for forest use to a transfer with payment for forest use for each forest user.

c) The Department of Agriculture and Rural Development shall be responsible for leading and coordinating with relevant agencies to determine the amount of forest use fee that the forest user must pay and notify the forest user.

d) The forest user shall be responsible for paying the forest use fee from the date the provincial People's Committee decides to convert the transferred forest area from a transfer without payment for forest use to a transfer with payment for forest use.

6. In cases where forests are converted from a transfer form to a lease form.

a) For households and individuals

Households and individuals who have been granted forests but whose allocated forest area exceeds the limit must convert the excess area to a lease. The process of converting the excess area to a lease is carried out as follows:

- The competent authority at the district level shall be responsible for coordinating with the People's Committee at the commune level to review, list, and determine the area of forests of households and individuals that need to be converted to leases, and report to the People's Committee at the district level.

- The People's Committee at the district level shall consider and decide on the conversion of the excess area of transferred forests to leases; the excess area converted to leases for households and individuals does not require auctioning of forest use rights but must sign a lease contract for the excess forest area. The lease term shall be implemented according to Article 22 of Decree No. 23/2006/NĐ-CP.

- If households and individuals do not agree to lease the excess forest area, the People's Committee at the district level shall reclaim the excess forest area that was transferred.

b) For organizations

Organizations that have been granted forests by the State must convert to a lease form as specified in Article 25 of the Forest Protection and Development Law and Clauses 1 and 3 of Article 21 of Decree No. 23. The conversion to leasing shall be carried out as follows:

- The Department of Agriculture and Rural Development shall review and report to the People's Committee at the provincial level about the forest users and the area of forests being converted from a transfer form to a lease form.

- The People's Committee at the provincial level shall consider and issue decisions on the conversion from a transfer form to a lease form for each forest user. The lease term shall be implemented according to Article 22 of Decree No. 23/2006/NĐ-CP.

c) The forest user shall be responsible for paying the lease fee according to the lease decision and current State regulations.

7. In cases where forests have been transferred incorrectly according to the law

In cases where forests have been transferred to entities not in accordance with the law (such as groups of households, social occupational organizations, etc.), they shall be handled according to the provisions of Clause 5 of Section IV of this Circular.

Section VII

IMPLEMENTATION

1. Budget for the implementation of forest transfer, lease.

a) The state budget ensures funding for forest transfer and lease;

b) The People's Committee at the provincial level shall be responsible for organizing the development and approval of annual plans for forest transfer, lease, and recovery, and allocating the budget to implement forest transfer, lease, and recovery plans within their jurisdiction.

2. Responsibilities of the Ministry of Agriculture and Rural Development

a) The Forest Department shall be responsible for guiding and managing state administration in matters of forest transfer, lease, and recovery;

b) The Forest Protection Department shall be responsible for organizing and implementing forest transfer, lease, and recovery in local areas.

3. Responsibilities of the People's Committee at the provincial level

a) Direct the establishment and approval of projects for forest transfer, lease, and recovery for organizations, households, and village communities throughout the province in accordance with laws on land and laws on forest protection and development;

b) Approve projects for forest transfer, lease, and recovery submitted by the People's Committee at the district level;

c) Decide on forest transfer, lease, and recovery for domestic organizations, overseas Vietnamese, foreign organizations, and individuals within their authority;

d) Direct competent agencies at the provincial level to coordinate the implementation of forest transfer, lease, and recovery in a consistent and synchronized manner with land transfer, lease, and recovery for organizations, individuals, and village communities in accordance with laws on land and laws on forest protection and development.

4. Responsibilities of the People's Committee at the district level

a) Direct the establishment and approval of projects for forest transfer, lease, and recovery within the district, submit them to the provincial People's Committee for approval, and organize their implementation;

b) Approve plans for forest transfer submitted by the People's Committee at the commune level;

c) Decide on forest transfer, lease, and recovery for households, individuals, and village communities in accordance with the law;

d) Direct the implementation of forest transfer, lease, and recovery in a consistent and synchronized manner with land transfer, lease, and recovery for households, individuals, and village communities in accordance with laws on land and laws on forest protection and development.

5. Responsibilities of the People's Committee at the commune level

a) Promote and disseminate laws, policies, and directives of the State regarding forest transfer, lease, recovery, and the rights and obligations of forest owners within their jurisdiction;

b) Review the management and use of forests by organizations, households, individuals, and village communities within the commune;

c) Develop plans for forest transfer and lease, submit them to the district People's Committee for approval, and organize their implementation;

d) Organize the acceptance of applications for forest transfer, lease, and return of forests according to the forest transfer, lease, and recovery plan of households, individuals, and village communities; implement contents related to forest transfer, lease, and recovery according to this guidance and the classification of the district People's Committee;

đ) Organize the handover of forests or the return of forests on-site according to the guidance and classification of the district People's Committee.

6. Responsibilities of the Department of Agriculture and Rural Development

Implement tasks and powers as stipulated in this Circular and the following works:

a) Advise the provincial People's Committee to review and adjust the planning of three types of forests;

b) Guide the organization of consulting services for forest transfer; train local officials on forest transfer;

c) Coordinate with environmental resources management agencies at the same level to ensure that forest transfer, lease, and recovery are carried out consistently and simultaneously with land transfer, lease, and recovery:

- Identify organizations, households, individuals, and village communities eligible for forest transfer, lease, and recovery simultaneously with land transfer, lease, and recovery.

- After receiving the Decision on forest transfer, lease, and recovery from the competent People's Committee, they are responsible for sending relevant documents to the environmental resources management agency at the same level to establish files for the provincial People's Committee to issue land use right certificates and recover land.

7. Responsibilities of the Forest Protection Service

Advise the Department of Agriculture and Rural Development to organize the implementation of forest transfer, lease, and recovery according to this Circular in local areas and the following works:

a) Cooperate with functional agencies in reviewing, planning the three types of forests, and delineating forest management unit boundaries;

b) Promote and guide forest transfer, lease, and recovery;

c) Direct the Forest Protection Department at the district level to advise the district People's Committee, and forest protection officers to advise the commune People's Committee on forest transfer, lease, and recovery, and manage post-transfer, lease, and recovery activities;

d) Organize the management of records on forest transfer, lease, and recovery, monitor changes, and compile reports as required;

đ) Inspect and supervise the use of forests by forest owners after transfer or lease;

e) Ensure compliance with laws on forest protection and development in forest transfer, lease, and recovery activities locally; cooperate with relevant agencies to resolve disputes over forests.

7. Responsibilities of the forest owner

a) Fulfill the rights and obligations of the forest owner as stipulated in Article 30 and other articles in Chapter V of the Law on Forest Protection and Development;

b) Fulfill the responsibilities of the forest owner as prescribed in this Circular regarding procedures and formalities for requesting forest transfer and lease.

8. Effective date

a) This Circular shall take effect fifteen days after its publication in the Official Gazette.

b) During the implementation process, if there are any difficulties, localities and agencies, organizations, and individuals shall promptly report and reflect to the Ministry of Agriculture and Rural Development for consideration and resolution./.