Circular No. 39/2008/TT-BNN amends and supplements certain contents of Circular No. 76/2007/TT-BNN and Circular No. 07/2008/TT-BNN to guide the conversion of forests and forestry land to rubber tree plantations in the Central Highlands. This document specifies types of forests and forestry land that can be converted, procedures for project appraisal, and implementation inspection.
适用范围
State management agencies for agriculture and forestry, investors, People's Committees of provinces in the Central Highlands.
要点
- Unforested forestry land planned for planting production forests may be converted to rubber trees.
- Poor natural forests (regenerated forests, mixed forests) with average timber volume below a certain standard may be converted.
- Natural forests consisting of bamboo, rattan, and le may be converted if the area is three hectares or less and interspersed within the planned rubber plantation area.
- The Department of Agriculture and Rural Development shall lead the appraisal of projects converting forest use purposes to rubber tree plantations.
- The Forest Department shall cooperate in inspecting the process of converting forest use purposes to rubber tree plantations.
🌐 本文件的社会影响
- Beneficiaries: Investors, provinces in the Central Highlands (facilitated in planning and implementing rubber tree plantations).
- Increased costs for investors due to complex project appraisal procedures.
- Reduced area of inefficient natural forests.
❓ 常见问题
Which types of forests can be converted to rubber trees?
Unforested forestry land planned for planting production forests, poor natural forests (average timber volume below the standard), and natural forests consisting of bamboo, rattan, and le with an area of three hectares or less can all be converted to rubber trees.
Who appraises projects converting forest use purposes?
The Department of Agriculture and Rural Development leads, in coordination with relevant provincial agencies, to appraise projects submitted by investors and submit them to the provincial People's Committee for approval.
What is the effective date of this Circular?
This Circular takes effect fifteen days from the date of publication in the Official Gazette, replacing Circular No. 07/2008/TT-BNN.
Are there minimum area requirements for conversion?
For natural forests consisting of bamboo, rattan, and le with an area of three hectares or less, only these areas may be converted together with the poor forest areas.
What role does the Forest Department play in implementing this Circular?
The Forest Department leads in coordinating with the Inspection Department and related units to inspect the process of converting forest use purposes to rubber tree plantations in localities, promptly proposing solutions to the leadership of the Ministry of Agriculture and Rural Development for any issues encountered.
全文
CIRCULAR
Amending and supplementing certain contents of Circular No. 76/2007/TT-BNN dated August 21, 2007 and Circular No. 07/2008/TT-BNN dated January 25, 2008 of the Ministry of Agriculture and Rural Development guiding the conversion of forests and forest land to rubber plantations in the Central Highlands.
Circular No. 76/2007/TT-BNN dated August 21, 2007 and Circular No. 07/2008/TT-BNN dated January 25, 2008 of the Ministry of Agriculture and Rural Development.
guiding the conversion of forests and forest land to rubber plantations in the Central Highlands.
converting forests and forest land to
rubber plantations in the Central Highlands.
Pursuant to 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;
Pursuant to Circular No. 76/2007/TT-BNN dated August 21, 2007 of the Ministry of Agriculture and Rural Development guiding the conversion of forests and forest land to rubber plantations in the Central Highlands;
Pursuant to Circular No. 07/2008/TT-BNN dated January 25, 2008 of the Ministry of Agriculture and Rural Development amending and supplementing certain contents of Circular No. 76/2007/TT-BNN dated August 21, 2007 guiding the conversion of forests and forest land to rubber plantations in the Central Highlands;
Pursuant to the situation regarding the implementation of rubber planting in the Central Highlands according to Notification No. 125/TB-VPCP dated August 14, 2006 of the Government Office on the conclusions of the Prime Minister at the Conference on economic and social development in the Central Highlands region;
The Ministry of Agriculture and Rural Development amends and supplements certain points of Circular No. 76/2007/TT-BNN dated August 21, 2007 and Circular No. 07/2008/TT-BNN dated January 25, 2008 of the Ministry of Agriculture and Rural Development guiding the conversion of forests and forest land to rubber plantations in the Central Highlands as follows:
1. Clause 2, Section II is amended as follows:
"The following types of forests and forest land may be arranged for conversion to rubber plantations if they meet the technical standards for rubber planting land as stipulated in Clause 1, Section II of Circular No. 76/2007/TT-BNN:
a) Forest land is vacant land that has been planned for production forest planting.
b) Poor natural forests are production forests including young recovering forests and mixed forests determined according to quantitative criteria as follows:
+ For broad-leaved evergreen wood forests with an average wood volume less than 130 m3- Broadleaf deciduous timber forests: the number of regenerating target trees with a height of 1 meter or more is less than 700 trees/ha, unevenly distributed (for resprouting from a single mother plant with multiple sprouts, only the best sprout is counted) over the plot area; the total wood volume of all trees with a diameter at breast height of 8 centimeters or more is less than 40 m
+ For dipterocarp forests with an average wood volume less than 100 m3- Broadleaf deciduous timber forests: the number of regenerating target trees with a height of 1 meter or more is less than 700 trees/ha, unevenly distributed (for resprouting from a single mother plant with multiple sprouts, only the best sprout is counted) over the plot area; the total wood volume of all trees with a diameter at breast height of 8 centimeters or more is less than 40 m
+ For mixed wood bamboo forests with an average wood volume less than 70 m3- Broadleaf deciduous timber forests: the number of regenerating target trees with a height of 1 meter or more is less than 700 trees/ha, unevenly distributed (for resprouting from a single mother plant with multiple sprouts, only the best sprout is counted) over the plot area; the total wood volume of all trees with a diameter at breast height of 8 centimeters or more is less than 40 m
c) Natural forests are rattan, bamboo, and le (collectively called bamboo forests) which are production forests and poorly performing planted production forests.
In cases where patches of forests in other states have an area of up to 3.0 (three) hectares or less, interspersed within poor forest plots, recovering young forests, and mixed forests in areas planned for rubber planting, they are allowed to be converted along with those poor forest plots to avoid patchy conditions and ensure contiguous areas. Provincial People's Committees shall consider and decide specifically."
2. Subparagraph d of Clause 5, Section II is amended as follows:
"The Department of Agriculture and Rural Development shall take the lead and coordinate with relevant provincial agencies to review projects submitted by investors and submit them to the provincial People's Committee for approval."
3. Subparagraph e of Clause 5, Section II is amended as follows:
"The Forest Management Department shall take the lead and coordinate with the Forest Protection Department and related units to inspect the process of converting forest land use purposes to rubber plantations in localities, and propose timely solutions to address difficulties encountered during implementation to the leadership of the Ministry of Agriculture and Rural Development."
This Circular takes effect 15 days from the date of publication in the Official Gazette and replaces Circular No. 07/2008/TT-BNN dated January 25, 2008 of the Ministry of Agriculture and Rural Development.
Provisions in Circular No. 76/2007/TT-BNN dated August 21, 2007 of the Ministry of Agriculture and Rural Development that are not contrary to this Circular remain in effect.
During implementation, if there are difficulties or obstacles, please report them to the Ministry of Agriculture and Rural Development for timely amendment and supplementation./.
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