Circular No. 58/2009/TT-BNNPTNT guiding the planting of rubber trees on forest land

CIRCULAR

Guidelines for planting rubber trees on forestry land

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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;

WHEREAS, Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on the implementation of the Land Law;

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 promulgating the Forest Management Regulation;

Pursuant to Decision No. 750/QĐ-TTg dated June 3, 2009 of the Prime Minister approving the Rubber Development Plan until 2015 with a vision to 2020;

The Ministry of Agriculture and Rural Development hereby issues guidelines for planting rubber trees on forestry land as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

1. Scope of application: This Circular stipulates the conditions, procedures, and authorities for deciding to plant rubber trees on forestry land that has been planned as production forests throughout the country.

2. Applicability: Organizations, companies, enterprises, agricultural farms, forest farms, forest management boards (hereinafter referred to as organizations), households, individuals, village communities, and state agencies related to the management of forests and forestry land.

Article 2. Principles and conditions for planting rubber trees on forestry land

1. Planting rubber trees on forestry land must be based on the rubber development plan approved by the People's Committee of the province.

2. An environmental impact assessment must be conducted in accordance with Decree No. 21/2008/NĐ-CP dated February 28, 2008 of the Government amending and supplementing certain articles of Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Environmental Protection.

3. The objects of forests and forestry land converted to rubber tree planting must comply with the provisions of Article 3 and Article 4 of Chapter II of this Circular.

Chapter II

SPECIFIC PROVISIONS

Article 3. Technical standards for rubber planting land

Land suitable for planting rubber trees must be located within regions with climates appropriate for rubber trees and meet the following criteria:

1. Annual average temperature from 25-30°C; no frost in winter; annual average rainfall over 1,500 millimeters (mm); few strong typhoons above Category 8;

2. Elevation below 700 meters (600 meters in the northern mountainous region) above sea level (m);

3. Slope less than 30 degrees;

4. Soil layer thickness of at least 0.7 meters;

5. Depth of underground water greater than 1.2 meters and not flooded during rain;

6. Soil texture from light loam to heavy loam, good drainage;

7. Percentage of gravel and stones in the cultivated soil layer less than 50%;

8. Chemical properties of soil: organic matter content in surface soil layer greater than 1.0%, pHkcl: 4 - 6;

9. Rubber planting areas must be designed according to technical procedures, ensuring conditions for intensive cultivation and erosion control.

Article 4. Objectives of forestry land for planting rubber trees

Types of forestry land when planned to be converted to rubber tree planting must meet the technical standards specified in Article 3 of Chapter II of this Circular, including:

1. Land without forests but planned for planting production forests.

2. Land with planted forests classified as production forests.

3. Land with natural bamboo forests classified as production forests.

4. Land with natural timber forests classified as production forests, including poor timber forests, forests without standing volume, and mixed poor timber forests with bamboo, specifically:

a) Poor timber forests: average standing volume per plot from 10 to 100 cubic meters per hectare (m3/ha).

b) Timber forests without standing volume: average diameter at breast height less than 8 centimeters (cm), average standing volume less than 10 m3/ha.

c) Mixed poor timber forests with bamboo: average standing volume of timber per plot less than 65 m3/ha.

In cases where forest patches smaller than 3 hectares (ha) have a standing volume exceeding the specified limit in Clause 4 of Article 4 of Chapter II of this Circular, interspersed within plots of forests being converted to rubber tree planting, they may be allowed to convert the same area of forest to ensure contiguous zones.

Article 5. Methods for surveying, determining standing volume, and harvesting yield.

1. Determining boundaries and area of project zone: Mark boundaries, calculate area, and prepare a current status map of the forest at a scale of 1/5,000 for the project zone.

2. Establish standard sampling plots for measuring standing volume (total area of standard sampling plots must be at least 2% of the area of forest being converted to rubber tree planting) to collect data and calculate some indicators, specifically as follows:

a) Data collection:

Identify the name and quality grade of trees according to three levels (good, medium, poor) and measure the diameter at breast height (1.3 meters) of trees within the standard sampling plots as prescribed: for natural forests, start with trees having a diameter of 10 cm or more, measured every 4 cm; for planted forests, start with trees having a diameter of 7 cm or more, measured every 2 cm.

Measure the top height of three trees with different diameter classes near the center of the plot, based on which calculate the average height of the forest plot.

Data collected in the standard sampling plots are recorded in the survey form.

b) Calculate the average standing volume per plot, derived from determining the standing volume of trees using the formula: V = GHF, where:

- G is the cross-sectional area of the tree at breast height (1.3 meters).

- H is the average top height of trees in the plot.

- F is the form factor (for natural forests F = 0.45; for planted forests F = 0.5).

c) Calculate the harvestable yield of forest products: Depending on specific conditions, the Department of Agriculture and Rural Development may choose one of two methods applicable locally, specifically as follows:

Based on the data collected in the standard sampling plot survey forms under Point 2.1 of Clause 2 of Article 5 of Chapter II of this Circular, calculate the large wood yield of trees with a diameter at breast height greater than 25 cm according to each diameter class, wood type, estimate small wood and firewood products per plot and across the entire area of forest being converted to rubber tree planting.

Count and calculate the total large wood yield of all trees in the plot with a diameter at breast height greater than 25 cm according to each diameter class, wood type, estimate small wood and firewood products per plot and across the entire area of forest being converted to rubber tree planting.

Article 6. Procedures and authorities for permitting rubber tree planting on forestry land.

1. The investor planting rubber trees is organizations.

a) For natural forest areas.

BASED on the forest land fund assigned (for investors who are forest owners) or assigned or permitted to conduct surveys and investigations to convert forests to rubber plantations (for investors who are not forest owners), the investor shall engage a specialized consulting unit to carry out investigations to determine the type of land and type of forest, and submit for review by the Department of Agriculture and Rural Development.

If it is consistent with the provincial planning and the types of land and forest meet the provisions of Article 3 and Article 4 of Chapter II of this Circular, the Department of Agriculture and Rural Development shall submit to the Provincial People's Committee for a decision to permit the conversion of forests to rubber plantations.

b) For areas of planted forests funded by state budget or foreign aid:

BASED on the land fund assigned or permitted by the provincial People's Committee to conduct surveys and investigations to convert forests to rubber plantations, the investor shall engage a specialized consulting unit to carry out investigations to determine the type of land. If it is consistent with the provincial planning and the type of land meets the provisions of Article 3 of Chapter II of this Circular, the investor shall submit for review by the Department of Agriculture and Rural Development and obtain permission from the Provincial People's Committee to convert to rubber plantations.

In cases where the area of planted forests in foreign aid projects has not yet been transferred to management by the provincial People's Committee, such transfer must be approved by the Ministry of Agriculture and Rural Development.

c) For areas without existing forests and areas of planted forests funded by the forest owner's own capital:

If it is consistent with the planning and suitable for rubber plantation, the investor may decide independently (for investors who are forest owners). Before implementation, only a report needs to be submitted to the District People's Committee for consolidation and reporting to the Department of Agriculture and Rural Development and the Provincial People's Committee.

In cases where the provincial People's Committee reclaims land from the forest owner and assigns it to another investor, before constructing the rubber plantation project, that investor must compensate for assets invested by the forest owner on the reclaimed land according to the law.

After obtaining permission from the Provincial People's Committee to convert forests to rubber plantations, the investor shall develop the rubber plantation project and submit it for approval by the competent authority.

2. Investors planting rubber are households, individuals, or village communities.

a) For natural forests and planted forests funded by state budget or foreign aid.

Households, individuals, or village communities that have been assigned forests and forestry land and wish to convert forests to rubber plantations, if they meet the conditions regarding the type of land and forest and are consistent with provincial planning, shall submit a written application detailing the location, area, type of forest, and a sketch map of the forest plot, confirmed by the Commune People's Committee, to the District People's Committee for consideration and decision to permit the conversion of forests to rubber plantations.

b) For planted forests funded by households', individuals', or village communities' own capital: Before implementation, households, individuals, or village communities only need to notify the Commune People's Committee for consolidation and monitoring.

c) In cases where the District People's Committee reclaims land from households, individuals, or village communities to assign to organizations as investors for rubber plantations before construction, the investor must compensate for assets invested by households, individuals, or village communities on the reclaimed land according to the law.

Article 7. Procedures for exploiting forest products on land converted from forests to rubber plantations.

1. Exploitation and utilization of forest products by organizations.

a) On natural forests and planted forests funded by state budget or foreign aid.

The forest owner or investor shall prepare a forest product exploitation dossier, submit for approval by the Department of Agriculture and Rural Development. The exploitation dossier includes the following contents: Determining boundaries, dividing locations by plot, section, sub-section, and preparing a map of the exploitation area at a scale of 1:5,000; calculating the area and yield of forest products to be exploited according to the level of magnification and wood species of each plot, section, sub-section, and summarizing for the entire exploitation area; determining production facilities and estimating exploitation costs.

The Provincial People's Committee, based on the actual situation in the locality, selects units with relevant functions or assigns the forest owner or investor to exploit forest products, but must comply with regulations and ensure the progress of rubber plantation development according to the plan.

The Department of Agriculture and Rural Development shall issue permits for the exploitation and utilization of forest products to the forest owner or project investor and the unit with functions assigned by the Provincial People's Committee.

b) For planted forests funded by the forest owner's own capital: The forest owner or investor (after compensating for assets on the land for the forest owner) decides, and when exploiting, only needs to report to the Commune People's Committee ten days in advance to take measures to monitor and assist.

c) The organization of exploitation (before or simultaneously with clearing), determination of forest product prices, mechanisms for consuming utilized wood and firewood on areas converted from forests to rubber plantations shall be decided specifically by the Provincial People's Committee.

2. Exploitation of forest products by households, individuals, and village communities.

a) For natural forests.

When converting forests to rubber plantations, households, individuals, or village communities shall inventory the number of trees and calculate the yield of forest products to be exploited (if any), submit for approval and issuance of exploitation permits by the District People's Committee.

b) For planted forests: When exploiting, only needs to report to the Commune People's Committee ten days in advance to take measures to monitor and assist.

c) For areas of forest land reclaimed from households, individuals, or village communities to assign to organizations as investors for rubber plantations, which are natural forests or planted forests funded by state budget or foreign aid: After compensating for assets invested by households, individuals, or village communities on the land according to the law, the investor shall prepare an exploitation dossier, submit for approval and issuance of exploitation permits by the competent authority to allow the investor to exploit.

In cases where the reclaimed forest land assigned to organizations as investors for rubber plantations is planted forests funded by households, individuals, or village communities, the provisions of point b, Clause 1, Article 7 of Chapter II of this Circular shall apply.

3. After completing the exploitation of forest products, within one year, the investor must replant rubber, otherwise, they will have to replant forests to replace the area of forests already exploited.

Article 8. Responsibilities of agencies and units in implementing rubber plantation development on forestry land.

1. The consulting unit must conduct surveys and investigations in accordance with current regulations and be responsible before the Provincial People's Committee and under the law for the accuracy of the investigation results, the current status of land and forests of rubber planting projects on forestry land.

2. The unit exploiting forest products must be responsible before the provincial, district, and commune People's Committees and under the law for implementing the provisions in the exploitation of forest products, ensuring the time frame, while being subject to inspection and supervision by competent authorities in the area.

3. The forest owner has the responsibility to inspect and supervise the unit exploiting forest products in accordance with regulations and hand over the land fund to the project investor to ensure progress and the planting season for rubber.

4. The Department of Agriculture and Rural Development has the responsibility to review the type of land, type of forest, approve files, issue permits for the exploitation of forest products, and guide, direct, and inspect the implementation process of the project investor and related units; be responsible before the Provincial People's Committee and the Minister of Agriculture and Rural Development regarding the results of reviewing, approving files, issuing permits for the exploitation of forest products on areas of forest converted to rubber planting.

5. The Forest Department shall take the lead in coordinating with the Forest Protection Department and relevant units to inspect projects converting forests to rubber planting. Report and propose timely handling of any issues arising during the implementation process to the leadership of the Ministry of Agriculture and Rural Development.

6. The Crop Production Department shall take the lead in coordinating with relevant units to monitor and compile plans for new rubber planting nationwide, regularly compiling results of implementation to report to the leadership of the Ministry of Agriculture and Rural Development.

Chapter III

IMPLEMENTING PROVISIONS

Article 9: Effectiveness

1. This Circular shall take effect 45 days from the date of signature.

2. This Circular replaces Circular No. 127/2008/TT-BNN dated December 31, 2008, of the Ministry of Agriculture and Rural Development on guiding rubber planting on forestry land and Circular No. 10/2009/TT-BNN dated March 4, 2009, of the Ministry of Agriculture and Rural Development, supplementing certain points of Circular No. 127/2008/TT-BNN dated December 31, 2008, of the Ministry of Agriculture and Rural Development on guiding rubber planting on forestry land.

3. Projects that have been implemented before the effective date of this Circular shall be handled as follows:

a) For projects that have completed survey results determining the type of land and type of forest and submitted to the Department of Agriculture and Rural Development and the Provincial People's Committee for consideration and decision to convert forest to rubber planting according to the spirit of Circular No. 127/2008/TT-BNN dated December 31, 2008, and Circular No. 10/2009/TT-BNN dated March 4, 2009, of the Ministry of Agriculture and Rural Development, they should be implemented according to the spirit of Circular No. 127/2008/TT-BNN and Circular No. 10/2009/TT-BNN mentioned above or according to the provisions of this Circular (if appropriate), and projects that have been approved by the competent authority but not yet cleared at the site shall continue to be implemented according to the approved project.

b) For projects currently conducting surveys or having completed survey results on land objects and forest objects but not yet submitted to the Department of Agriculture and Rural Development and the Provincial People's Committee, they must be implemented according to the provisions of this Circular.

4. In 2009, for provinces that have not yet completed the planning for rubber planting, the Provincial People's Committee shall base their decisions on the three types of forest planning, the progress of the rubber planting plan to consider and decide on the location and area for organizations and households to investigate and convert to rubber planting, provided that they comply with the provisions of Article 3 and Article 4 of Chapter II of this Circular, and subsequently supplement it into the provincial comprehensive rubber development plan.

5. During the implementation process, if there are any difficulties, organizations and individuals are advised to promptly reflect them to the Ministry of Agriculture and Rural Development for consideration, revision, and supplementation./.