Circular No. 58/2025/TT-BNNMT on economic and technical norms for forest transfer and forest lease

CIRCULAR

REGULATIONS ON ECONOMIC AND TECHNICAL STANDARDS FOR FOREST TRANSFER AND LEASE

Pursuant to the Forest Law on November 15, 2017;

Pursuant to Decree No. 35/2025/NĐ-CP dated February 25, 2025 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

At the proposal of the Director of the Forest Management and Inspection Service;

The Minister of Agriculture and Rural Development promulgates this Circular regulating economic and technical standards for forest transfer and lease.

Article 1. Scope of Regulation

This Circular regulates economic and technical standards for forest transfer and lease.

Article 2. Applicability

1. This Circular applies to state agencies, organizations, households, individuals, and community groups involved in forest transfer and lease activities.

2. It is encouraged that organizations and individuals not using state budget funds in forest transfer and lease activities apply the economic and technical standards prescribed in this Circular.

Article 3. Explanation of Terms

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

1. Economic and technical standards for forest transfer and lease refer to the consumption levels of labor, materials, and machinery and equipment for tasks related to forest transfer and lease.

2. Adjustment factor (K) is the coefficient used to calculate and adjust labor consumption rates when factors forming economic and technical standards for forest transfer and lease change.

3. Travel distance is the distance traveled without using motorized road transport or inland waterway vessels to reach the location for forest transfer and lease.

Article 4. Technical procedures for forest transfer and lease

1. Develop plans for forest transfer and lease, including:

a) Collecting relevant information and data;

b) Determining boundaries for forest transfer and lease;

c) Digitizing and editing, printing maps;

d) Organizing village-level meetings;

đ) Analyzing data and writing plan reports;

e) Organizing conferences, completing plan reports;

g) Printing and submitting documents for plan approval.

2. Surveying and assessing current forest conditions and preparing current forest maps, including:

a) Surveying current conditions and determining forest boundaries;

b) Selecting, establishing, and surveying standard plots (hereinafter referred to as SP);

c) Entering and processing data from SPs;

d) Digitizing and editing, printing maps.

3. Inspecting the content of forest transfer and lease: Consistently verifying data with the commune; publicly announcing results; jointly inspecting actual forest conditions with competent authorities.

4. Supporting the preparation of files, revising, and perfecting files for submission to competent authorities for review and decision-making on forest transfer and lease.

5. On-site handover of forests: Jointly with competent authorities and forest owners, clearly marking the scope and boundaries of transferred and leased forests; identifying boundary markers of forests.

6. Preparing inventory lists, compiling forest management files, digitizing, and archiving files, including:

a) Preparing inventory lists, compiling forest management files, digitizing, and archiving files;

b) Analyzing data; compiling and constructing reports on the results of forest transfer and lease at the commune level;

c) Organizing conferences to report on the results of forest transfer and lease; completing reports;

d) Printing and submitting products.

Article 5. Provisions on economic and technical standards

1. Based on specific conditions and technical measures, apply the adjustment factor (K) to calculate the necessary labor consumption for each task when drafting proposals and budgets.

2. The application of economic and technical standards must comply with requirements stipulated in criteria, standards, regulations, and technical guidelines issued by competent state authorities.

3. Costs and coefficients applied in this Circular.

a) Wage rate; travel allowance; hazardous and dangerous job allowance; social insurance; health insurance; unemployment insurance; trade union fees;

b) Difficulty coefficient is the factor used to adjust actual field labor rates when workers perform tasks at different levels of difficulty at the site;

c) Labor technical rest due to weather conditions for field labor.

4. Economic and technical standards in the Appendix attached to this Circular.

5. The costs specified in P2, P3, P5, P6, P7, P8, P9, P11 in the economic and technical standards of this Circular are the maximum levels.

6. Based on the economic and technical standards of this Circular, the Chairman of the Provincial People's Committee decides specific standards regarding wage rates, technical grades, costs P2, P3, P5, P6, P7, P8, P9, P11 according to local conditions.

Article 6. Implementation Organization

1. Forest Management and Inspection Service:

a) Guide the implementation of this Circular.

b) Direct the implementation of forest transfer for areas managed by the Ministry of Agriculture and Rural Development.

2. Planning and Finance Department: allocate the Ministry's budget to implement forest transfer and lease for areas managed by the Ministry of Agriculture and Rural Development.

3. Other units under the Ministry of Agriculture and Rural Development: in accordance with their functions and responsibilities, coordinate with the Forest Management and Inspection Service to organize and direct the implementation of forest transfer and lease for areas managed by the Ministry of Agriculture and Rural Development.

4. Provincial People's Committees:

a) Direct the implementation of Clause 6, Article 5 of this Circular.

b) Allocate funds to implement forest transfer and lease in accordance with laws and direct the implementation of forest transfer and lease tasks to ensure all forest areas have owners as stipulated in Clause 1, Article 24 of the Forest Law.

Article 7. Effective Date

1. This Circular takes effect from November 27, 2025.

2. Decision No. 112/2008/QĐ-BNN dated November 19, 2008 of the Minister of Agriculture and Rural Development on Economic and Technical Standards for Forest Transfer and Lease, Issuance of Land Use Right Certificates for Forestry Purposes, and Preparation of Forest Management Files shall be repealed from the date this Circular takes effect.

3. In cases where referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replacement documents.

Article 8. Transitional Provisions

1. For programs and projects on forest transfer and lease approved by competent authorities before this Circular takes effect, continue implementation until completion of the program or project.

2. For programs and projects on forest transfer and lease approved by competent authorities but requiring content adjustments after this Circular takes effect, apply the standards set forth in Decision No. 112/2008/QĐ-BNN or the standards set forth in this Circular./.