Circular No. 51/2012/TT-BNNPTNT guiding the implementation of forest protection and development tasks as stipulated in Decision No. 57/QĐ-TTg dated January 9, 2012 of the Prime Minister.

CIRCULAR

The guidance on implementing the tasks of protecting and developing forests as prescribed in

Decision No. 57/QD-TTg dated January 9, 2012 of the Government Prime Minister

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Pursuant to the Forest Protection and Development Law 2004;

On the basis of Decree No. 01/2008/NĐ-CP dated January 28, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP;

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. 57/QD-TTg dated January 9, 2012 of the Prime Minister approving the Plan for Forest Protection and Development during the period 2011-2020;

CONSIDERING the proposal of the Director General of the Forest Administration;

The Ministry of Agriculture and Rural Development guides the implementation of the tasks of protecting and developing forests as prescribed in Decision No. 57/QD-TTg dated January 9, 2012 of the Government Prime Minister approving the Plan for Protecting and Developing Forests for the period 2011-2020 as follows:

Article 1. Scope of Regulation, scope of application

1. This Circular guides the implementation of the tasks of protecting and developing forests as prescribed in Decision No. 57/QD-TTg dated January 9, 2012 of the Government Prime Minister approving the Plan for Protecting and Developing Forests for the period 2011-2020.

2. Agencies, organizations, households, individuals, and community groups related to the implementation of the plan for protecting and developing forests for the period 2011-2020.

Article 2. Implementation of the task of protecting special-use forests

1. The forest owner, which is the Special-Use Forest Management Board, shall be responsible for drafting management and protection plans for the forest and submitting them to the competent authority for approval; organizing forest protection forces and contracting forest protection according to the approved plan by the competent authority.

The State shall provide management and protection funds for the Special-Use Forest Management Board from the operating budget according to Decision No. 24/2012/QĐ-TTg dated June 1, 2012 of the Government Prime Minister on investment policies for developing special-use forests for the period 2011-2020 and current regulations of the State.

2. The forest owner is organizations that have been leased forests by the State for business purposes such as landscape, resort, eco-tourism; research organizations, vocational training institutions in forestry assigned by the State to manage special-use forests, organize their own protection of the assigned or leased forests.

Article 3. Implementation of the task of developing special-use forests

1. Based on the approved planning for sustainable protection and development of special-use forest areas, for degraded special-use forest land, the following measures shall be applied:

a) Encircling and promoting natural regeneration suitable with the natural regeneration capacity and succession.

b) Encircling and promoting regeneration with supplementary planting shall not be implemented in strictly protected zones.

c) New forest planting shall only be carried out in botanical gardens; areas without natural recovery capability in ecological restoration zones, administrative-service zones of National Parks, nature reserves; scenic protection zones; scientific research and experimental forest zones.

2. Plant species in special-use forests are native plant species naturally distributed in the corresponding ecological region suitable for the ecosystem of the special-use forest area. In cases where immediate planting of native species is not possible due to site conditions, fast-growing species for soil improvement can be planted in one cycle or concurrently with native species.

Based on the planning for sustainable protection and development of special-use forests, firebreak green belts along the boundaries and canals shall be planted with appropriate species for fire prevention and firefighting purposes while combining economic and environmental benefits.

Article 4. Stabilization and resettlement of residents in special-use forests

The stabilization and resettlement of residents in special-use forests shall be carried out according to each project approved by the Ministry of Agriculture and Rural Development or the People's Committee of the province/city directly under the central government (hereinafter referred to as the Provincial People's Committee).

Article 5. Implementation of forest protection tasks for protective forests

1. The forest owner, which is the Management Board of Protective Forests, organizes the protection of forests or entrusts the protection of forests to households, individuals, village communities, military units residing or stationed in the area. Priority is given to entrusting forest protection to ethnic minority groups living in poverty-stricken districts as stipulated in Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the program to reduce poverty quickly and sustainably.

The State provides funding for entrusting the protection of protective forests in areas with high risk of deforestation and without any income from the forests.

2. For scattered small areas of protective forests (less than 500 hectares), the Department of Agriculture and Rural Development shall organize reviews, allocate forests, and lease forests to organizations, individuals, and communities in accordance with state regulations; giving priority to local communities, households, and organizations and individuals currently entrusted with forest protection in those areas.

The State only provides funding for entrusting the protection of protective forests to the subjects specified in Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government.

3. Areas of protective forests managed by the People's Committee of communes: The Chairman of the Commune People's Committee shall prepare files and submit them to competent authorities for approval of plans to allocate or lease forests to organizations, households, individuals, and community residents in accordance with Circular No. 38/2007/TT-BNN dated April 25, 2007 of the Ministry of Agriculture and Rural Development on procedures for allocating and leasing forests. In places where allocation or leasing cannot be implemented, the commune-level People's Committee shall organize management and protection in accordance with Decisions No. 07/2012/QD-TTg dated February 8, 2012 and Decision No. 57/QD-TTg dated January 9, 2012 of the Prime Minister.

Article 6. Implementation of tasks for developing protective forests

1. Based on approved forest protection and development planning, measures shall be applied to restore areas of protective forest land as follows:

a) For areas without forests but capable of natural regeneration, measures shall be taken to promote natural regeneration through enclosure. Depending on the potential for natural regeneration, either promoting natural regeneration through enclosure or supplementing with planting high-value protective tree species that have multiple uses, including non-timber forest products, shall be implemented.

After the enclosure period, the project investor shall organize an assessment of results and manage and protect the restored forested area in accordance with guidelines issued by the Ministry of Agriculture and Rural Development.

Technical solutions for restoring forests through natural regeneration through enclosure shall be implemented in accordance with the Forestry Technical Measures Regulation for Timber and Bamboo Production Forests (QPN 14-92) promulgated together with Decision No. 200/QĐ-KT dated March 31, 1993 of the Ministry of Forestry (now the Ministry of Agriculture and Rural Development); restoration of forests through enclosure and supplementary planting shall be implemented in accordance with Regulation QPN 21-1998 promulgated together with Decision No. 175/1998/QĐ/BNN-KHCN dated November 4, 1998 of the Ministry of Agriculture and Rural Development.

b) New plantations of protective forests shall be applied in areas where natural regeneration through enclosure is not feasible. Priority shall be given to planting protective forests against sand drift, coastal wave barriers, protecting reservoirs, hydropower and irrigation works, and border protection combined with shifting cultivation.

2. Tree species and methods of planting protective forests shall be implemented in accordance with Document No. 1992/BNN-LN dated July 11, 2008 of the Ministry of Agriculture and Rural Development guiding technical methods for planting protective forests under Project 661. Encouragement is given to planting native tree species with high protective value and multiple uses linked to economic benefits for forest growers.

Article 7. Implementation of the task of protecting production forests

The forest owner who is assigned or leases the forest by the State shall organize the protection of their own forest. In special cases, for production forests that are poor forests, border areas without benefits from the forest, or natural production forests with high or medium reserves but currently closed off, located in poor districts as defined in Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government, the People's Committee of the province shall decide on providing financial support for forest protection from the local budget.

Article 8. Implementation of the task of developing production forests

1. The State encourages organizations and individuals of all economic sectors to invest in planting production forests and raw material forests linked to processing facilities; using national seedlings and recognized advanced technologies; applying high technology in producing seedlings and planting intensive forests to increase productivity and quality of planted forests; implementing technical measures such as thinning, nurturing, and converting small timber production forests into large timber production forests to increase the value of planted forest products.

2. Domestic organizations, households, individuals, and community residents planting new production forests are eligible for support according to Decision No. 147/2007/QD-TTg dated September 10, 2007 of the Prime Minister on certain policies for developing production forests during the period 2007-2015; Decision No. 66/2011/QD-TTg dated December 9, 2011 of the Prime Minister amending and supplementing some articles of Decision No. 147/2007/QD-TTg.

3. For production forests that are exhausted natural forests with no capacity for recovery, reforestation with high-value tree species shall be carried out in accordance with regulations of the Ministry of Agriculture and Rural Development.

4. Tree planting seeds shall be implemented in accordance with the seed management regulation for forestry crops issued together with Decision No. 89/2005/QD-BNN dated December 29, 2005 of the Minister of Agriculture and Rural Development.

Article 9. Forest Fire Prevention and Control

1. Investment items for forest fire prevention and control work shall be carried out in accordance with Circular No. 62/2005/TTLB-BTC-BNN&PTNT dated August 4, 2005 of the Ministry of Finance and the Ministry of Agriculture and Rural Development on guiding the preparation of budgets, management, and use of funds for forest fire prevention and control work, including:

a) Publicity activities; training; data collection on meteorological and hydrological conditions; construction of fire risk prediction levels, procedures, norms, fire prevention and control plans; identification of fire hotspots on maps and in the field; fire fighting drills; application of scientific and technological advancements in forest fire prevention and control.

b) Purchase of equipment and means; construction of firebreak runways, firebreak channels and ditches, watchtowers, water reservoirs, fire prediction stations, and fire prediction networks from central to grassroots levels.

c) Forest fire watch duty costs; expenses for people participating in fire fighting who suffer accidents; allowances for those participating in fire fighting.

d) Fuel (gasoline, diesel), repair and compensation for damage when equipment and means are mobilized for fire fighting.

2. Organizations and individuals mobilized to prevent illegal logging and forest fires shall manage and use state budget funds allocated for the operation of forest rangers at all levels in accordance with the guidelines of the joint Circular of the Ministry of Agriculture and Rural Development and the Ministry of Finance.

3. Implementation of the mechanism of joint forest management and policies for forest protection forces at the grassroots level shall be carried out in accordance with Decision No. 07/2012/QD-TTg dated February 8, 2012 of the Prime Minister.

Article 10. Scattered Tree Planting

1. Based on the scattered tree planting plan, localities organize activities to promote and enhance the effectiveness of the scattered tree planting movement, including the annual "Tree Planting Festival".

2. Organizations, households, and individuals within the country engaged in scattered tree planting activities shall be supported according to the provisions of Decision No. 147/2007/QD-TTg dated September 10, 2007, of the Government on certain policies for developing production forests during the period from 2007 to 2015; Decision No. 66/2011/QD-TTg dated December 9, 2011, of the Government amending and supplementing some articles of Decision No. 147/2007/QD-TTg.

Article 11. Development of Forestry Tree Varieties

1. Establishing forestry tree seed sources includes building seedling forests, seedling gardens, parent tree gardens, converting natural forests or planted forests into seedling forests, setting up forest sections for selection, selecting superior trees to serve as seeds until acceptance and handover.

2. The techniques for establishing seedling forests and seedling gardens shall be implemented according to Technical Regulation 15-93; the techniques for establishing converted seedling forests shall be implemented according to Technical Regulation 16-93 issued together with Decision No. 804/QĐ-KT dated November 2, 1993, of the Ministry of Forestry (now the Ministry of Agriculture and Rural Development).

3. The standards for forestry tree seedling nurseries shall be implemented according to Industry Standard 04 - TCN - 52 - 2002 issued together with Decision No. 3588/QĐ-BNN-KHCN dated September 3, 2002, of the Ministry of Agriculture and Rural Development.

4. Investment projects for establishing seed sources shall apply the current regulations of the State concerning forestry production projects.

Article 12. Investment in Infrastructure to Serve Forest Protection and Development

1. Constructing and upgrading forest protection stations (including ancillary works and clean water facilities); forest pest control and fire prevention and firefighting facilities.

2. Constructing and upgrading seedling nurseries, seedling gardens, seedling forests, and converted seedling forests: localities shall organize the development of a planning proposal for forestry tree seed sources within their jurisdiction; before the provincial People's Committee approves the proposal, it must be reviewed by the Ministry of Agriculture and Rural Development.

3. Constructing and upgrading forest roads according to approved projects.

4. Small-scale infrastructure construction projects (under VND 150 million per project) shall be carried out according to technical designs and budgets approved by the competent investment decision-making authority.

In cases where the total investment amount of infrastructure construction projects specified in Clauses 1, 2, 3, and 4 of this Article exceeds 10% of the total investment amount for each project, the difference shall be supplemented from the local budget and decided by the Provincial People's Committee.

Article 13. Review, Planning, and Formulating Plans for Forest Protection and Development

1. Review and determine the current status of forest land use and the area of forests under the management of Specialized Forest Management Boards, Protective Forests, Forestry Companies, military units, non-state economic sectors, households, and commune-level People's Committees. On this basis, proceed with allocating land and forests, leasing land and forests, so that forests have actual owners.

2. Plan and manage shifting cultivation areas to ensure stable cultivation areas for ethnic minorities; review, classify, and specifically list shifting cultivation lands within the areas designated for protective forests and productive forests; based on this, develop support plans for ethnic minorities to convert shifting cultivation lands to forest planting.

3. Plan the development of forestry processing and trade industries linked to reviewing and establishing concentrated industrial raw material forest planting areas, and developing village-based small and medium-sized forestry product manufacturing and processing industries.

4. The procedures for developing, approving, and managing planning and development plans for forest protection and development shall be carried out according to Circular No. 05/2008/TT-BNN dated January 14, 2008, of the Minister of Agriculture and Rural Development guiding the preparation of forest protection and development plans.

The state budget shall ensure funding for the preparation of forest protection and development plans according to approved projects in accordance with the regulations of the Ministry of Agriculture and Rural Development.

Article 14. Transfer and lease of forest land

1. The People's Committee of the province shall organize a review of the transfer and lease of forest land to ensure that all forest areas within its jurisdiction have specific managers, basically completing the work of transferring and leasing forest land together with the transfer and lease of forestry land and issuing certificates of land use rights by 2015. For forest areas that do not yet have conditions for issuing certificates of land use rights, the right to use the forest shall be transferred first, with management files and usage regulations in accordance with the law.

2. Forest areas managed by the People's Committees of communes and forest areas managed inefficiently by Forest Management Boards and Forestry Companies shall be organized to transfer or lease to households, organizations, individuals, community groups, and enterprises for management, protection, and development of forests.

3. Procedures for transferring and leasing forest land together with transferring and leasing forestry land and issuing Certificates of Land Use Rights shall be implemented in accordance with Circular No. 07/2011/TTLT-BNNPTNT-BTNMT dated January 29, 2011, issued jointly by the Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment guiding certain contents on transferring and leasing forest land together with transferring and leasing forestry land.

4. The State budget shall ensure funding for the implementation of forest transfers and leases.

Article 15. Monitoring changes in forest resources

1. Implement monitoring of changes in forests and forestry land in accordance with Directive No. 32/2000/CT-BNN-KL dated March 27, 2000, of the Minister of Agriculture and Rural Development; Decision No. 78/2002/QD-BNN-KL dated February 28, 2002, of the Ministry of Agriculture and Rural Development on promulgating technical regulations for monitoring changes in forests and forestry land in the Forest Protection Force and current regulations of the Ministry of Agriculture and Rural Development.

2. Funding for activities related to monitoring changes in forests shall be carried out in accordance with the provisions of the Ministry of Agriculture and Rural Development at Circular No. 102/2000/TT-BNN-KL guiding the preparation of budgets for projects monitoring changes in forests and forestry land; Decision No. 487/QĐ-BNN-TCCB dated February 26, 2007, promulgating labor norms in forest surveys and planning, and other current regulations.

Article 16. Determination of boundaries and marking of three types of forests

1. Based on the Decision approving the results of the review and re-planning of the three types of forests, the boundaries of the three types of forests shall be determined in accordance with Directive No. 38/2005/CT-TTg dated December 5, 2005, of the Prime Minister. The content of boundary determination and marker specifications shall be carried out in accordance with Decision No. 3013/1997/QĐ-BNN&PTNT dated November 20, 1997, of the Minister of Agriculture and Rural Development. Markers shall only be placed where boundaries are unclear and prone to disputes.

2. The State budget shall invest in state forest owners to set markers for special-use forests and protective forests.

Article 17. Effective Date

1. This Circular takes effect from December 5, 2012.

2. When the legal documents cited for application in this Circular are amended, supplemented, or replaced according to current State regulations, they shall be implemented in accordance with those amended, supplemented, or replaced documents.

3. During the implementation of this Circular, if there are any difficulties, agencies and units shall report in writing to the Ministry of Agriculture and Rural Development for consideration and resolution./.