Decision No. 59/2007/QD-BNN amends and supplements regulations on forest planting inspection, encirclement and promotion of natural regeneration of forests, care for planted forests, protection of forests, and encirclement and recovery of natural forests. This Decision applies to parties involved in forest planting contracts and forest management.
Đối tượng áp dụng
Party A (the contracting party) - project owner, technical staff, accountant; Party B (the contractor) - representative of the contractor, organization, local authority. Management agencies such as the Department of Agriculture and Rural Development of provinces.
Các điểm cốt lõi
- Party A and Party B participate in the basic inspection of forest planting, including clearing understory vegetation, digging holes, applying base fertilizer, and planting trees. The inspection results serve as the basis for settlement and final payment of the project.
- Re-inspection is conducted by Party A's direct superior after completing the basic inspection, at least covering 10% of the area.
- Forest planting inspection along strips involves counting all tree numbers within the planting strip area. Inspection criteria include area, species of planted trees, and survival rate.
- Forest protection inspection evaluates damage from livestock and negative human impacts. Affected areas will be handled according to the law.
- Inspection of encirclement and recovery of natural forests is carried out as stipulated in Clause 6, Article 1 of this Decision.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Strengthened forest management and protection, improved quality of forest planting.
- Negative impact: Time and effort costs for parties involved in the contracting process.
❓ Câu hỏi thường gặp
What does the basic inspection of forest planting include?
The basic inspection of forest planting includes clearing understory vegetation, digging holes, applying base fertilizer, and planting trees. The inspection results serve as the basis for settlement and final payment of the project.
When is re-inspection conducted?
Re-inspection is carried out after completing the basic inspection, no later than 30 days from the date of the basic inspection report. The re-inspection area must cover at least 10% of the basic inspection area.
How is the affected forest area treated?
The contractor who discovers the affected forest area and reports it to the competent authority immediately will be paid for their protective work according to the contract. Otherwise, payment will only be made for the unaffected area.
What are the inspection criteria for forest planting?
Inspection criteria for forest planting include area, species of planted trees, and survival rate. The area must reach 100% as per the contract, the species must comply with regulations, and the minimum survival rate must be 85%. Failure to meet these criteria will result in penalties as prescribed.
How is the inspection of encirclement and recovery of natural forests conducted?
The inspection of encirclement and recovery of natural forests is carried out as stipulated in Clause 6, Article 1 of this Decision, with no specific information provided in the text.
Toàn văn
Pursuant to …;
AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE REGULATIONS ON FOREST PLANTATION ACCEPTANCE, ENCLOSURE AND PROMOTION OF NATURAL REGENERATION, CARE FOR PLANTED FORESTS, FOREST PROTECTION, ENCLOSURE AND RESTORATION OF NATIVE FORESTS ISSUED TOGETHER WITH DECISION NO. 06/2005/QĐ-BNN OF JANUARY 24, 2005 OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government on the Regulations on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Agriculture and Rural Development;
Pursuant to Decision No. 06/2005/QĐ-BNN dated January 24, 2005 of the Minister of Agriculture and Rural Development promulgating the Regulations on Forest Plantation Acceptance, Enclosure and Promotion of Natural Regeneration, Care for Planted Forests, Forest Protection, Enclosure and Restoration of Native Forests;
At the proposal of the Director of the Forestry Service,
DECISION:
Article 1. Amending and supplementing certain provisions of the "Regulations on Forest Plantation Acceptance, Enclosure and Promotion of Natural Regeneration, Care for Planted Forests, Forest Protection, Enclosure and Restoration of Native Forests" issued together with Decision No. 06/2005/QĐ-BNN dated January 24, 2005 of the Minister of Agriculture and Rural Development as follows:
1. Article 5 - Forest plantation acceptance and re-inspection of acceptance shall be amended as follows:
a) Forest plantation acceptance: is the acceptance of the results between Party A (the entrusting party) and Party B (the undertaking party).
The forest plantation acceptance committee consists of: Party A - project owner's representative, technical staff, planning staff, accountant; Party B - undertaking party's representative.
For essential forestry items that must go through two stages of acceptance - stage 1 and stage 2, the results of the first stage acceptance serve as the basis for conducting the second stage acceptance (stage 2).
The results of forest plantation acceptance serve as the basis for settlement and finalization of the project.
b) Re-inspection of acceptance: is the re-checking of the results of forest plantation acceptance. Re-inspection of acceptance is conducted by Party A's immediate superior when necessary for management oversight.
The composition of the re-inspection team is determined by Party A's superior. The format of the re-inspection report is attached as Appendix 11 to this Decision.
- Re-inspection of acceptance can only be carried out after the completion of forest plantation acceptance, no later than 30 days from the date of the forest plantation acceptance report.
- The area subject to re-inspection is determined by Party A's superior to ensure monitoring requirements, with a minimum of 10% of the area accepted during the initial inspection.
- For plots of forest subject to re-inspection, the results of re-inspection are the final basis for settlement and finalization of the project.
2. Article 6 - Regulations on the steps of forest plantation acceptance, contents, methods, and criteria for forest plantation acceptance shall be amended and supplemented as follows:
a) Steps of acceptance, contents, and methods
- Step 1 (internal acceptance of the project management board): acceptance of forest planting preparation work. This acceptance serves as the basis for deciding whether the undertaking party may continue with forest planting according to the signed contract.
Participants in the acceptance: technical supervisors of Party A directly inspecting with the undertaking party.
Content of acceptance: acceptance of the entire area, including clearing vegetation, digging holes (distance and size of holes), fertilizing, filling holes.
Results of Step 1 acceptance for each plot of planted forest by each undertaking household are recorded in Form 1; the results of forest planting preparation acceptance for the entire project are recorded in the summary form attached as Form 2 to this Decision.
- Step 2 (forest plantation acceptance): acceptance after planting
+ Time of acceptance:
Provinces with two planting seasons in a year (spring-summer, summer-autumn) conduct two rounds of acceptance, the first round after planting for two months; the second round accepts areas not meeting the first round standards, conducted one month after replanting.
Provinces with one planting season at the end of the year conduct the first round of acceptance one to two months after planting; the second round is considered for the next year's investment capital if there is replanting one month after planting.
+ Participants in the acceptance: Entrusting party includes representatives from the project base leadership, technical staff, accountant.
Undertaking party includes the undertaking representative and one of the representatives from village organizations, commune authorities, cooperatives (if necessary).
+ Content of acceptance
Quantity acceptance: technical staff of Party A directly inspect with Party B, checking the entire area of each plot of forest of each undertaking household, determining boundary positions, comparing with design maps, marking and determining implementation rates using field measurement or direct measurement.
Quality acceptance: technical staff of Party A inspect the forest planting technical standards stipulated in the entrustment contract.
For comprehensive forest planting:
Measure the entire area or measure standard sample plots. If measuring standard sample plots, the area of each sample plot is 100 square meters, established along the representative line of the plot. The minimum number of standard sample plots is specified as follows:
Plot area ≤ 3 hectares: 10 plots
Plot area > 3 - 4 hectares: 15 plots
Plot area > 4 - 5 hectares: 20 plots
For strip planting: measure the total number of trees on the planting strip area.
Results of forest plantation acceptance for each plot of planted forest by each undertaking unit are recorded in Form 3; the overall forest plantation results for the entire project are recorded in the summary form attached as Form 4 to this Decision (with signatures of all participants in the acceptance and undertaking households), serving as the basis for settlement and finalization of the project.
b) Acceptance criteria and handling measures
- Criteria for forest planting preparation acceptance
|
Criteria |
Content of acceptance |
Quality assessment standard |
Handling measures |
|
1. Clearing vegetation |
Vegetation clearing technique |
- In accordance with the design in the signed contract |
- Meets acceptance standards |
|
- One of the contents does not comply with the design in the signed contract |
Re-clearing, if not implemented, no hole digging allowed |
||
|
2. Digging holes |
Hole digging Size and distance of holes according to the design in the signed contract |
- Meets size and distance standards |
- Meets acceptance standards |
|
- Does not meet size and distance standards |
- Does not meet acceptance standards, re-digging required to correct size, if not implemented, no planting allowed. |
||
|
3. Fertilizer application |
Provisions for base fertilization according to design in the contract |
Achieve design |
Achieve design Meet acceptance standards |
|
- Not achieve the provisions according to the design in the contract |
Not meet acceptance standards, require re-base fertilization in accordance with regulations, if not implemented, forest planting shall not be carried out |
- Acceptance criteria for forest planting (basic acceptance)
| Criteria | Content of acceptance | Quality assessment standard | Evaluation, conclusion |
| 1. Area | Actual planted area compared to the area in the contract | Planted sufficient area | Acceptance payment 100% |
| Actually planted < 100% | Acceptance payment based on actual planted area | ||
| 2. Species of planted trees | Check species of planted trees | Correct species, seedlings meet specified standards | Accepted |
| Incorrect species | Not accepted, report to competent authority for review | ||
| 3. Survival rate of trees | Ratio of healthy surviving trees compared to the density stipulated in the contract | ≥ 85% | Acceptance payment 100% contract value |
| 50% to < 85% | Acceptance payment based on the regulation regarding the ratio of healthy surviving trees, this area will be included in the second year care plan, replanting to reach the required density (≥ 85%) | ||
| < 50% | Not accepted, report to competent authority for review |
6. Article 7 - Acceptance of encirclement cultivation and promotion of natural regeneration combined with supplementary plantation of forestry trees is amended and supplemented as follows:
a) The steps of acceptance are carried out as prescribed in item a clause 2 Article 1 of this Decision;
b) Content of acceptance, method of implementation: carried out as prescribed in the acceptance of forest planting according to the band stipulated in item a clause 2 Article 1 of this Decision;
c) Acceptance criteria for encirclement cultivation and promotion of natural regeneration with supplementary plantation.
|
Criteria |
Content of acceptance |
Handling measures |
|
1. Actual area implemented |
Sufficient area signed in the contract |
Acceptance 100% |
|
Insufficient area |
Acceptance based on actual implemented area |
|
|
2. Supplementary plantation of forestry trees |
Implemented as prescribed in Section b Clause 2 Article 1 of this Decision. |
|
8. Article 8 - Acceptance of encirclement cultivation and promotion of natural regeneration with technical measures impact is amended and supplemented as follows:
a) Steps of acceptance
The steps of acceptance are determined according to the number of times the technical measures are defined in the contract. If there is one impact per year, only one step of acceptance is conducted immediately after Party B completes the work. If there are multiple impacts per year, the steps of acceptance are defined as follows:
- Step 1: Acceptance of technical measures impacts defined for the first, second,... times, serving as the basis for Step 2 acceptance.
The acceptance time is conducted immediately after completing the work.
The acceptance team includes Party A's technical staff directly accepting with Party B's representative.
- Step 2 (basic acceptance): final acceptance of the entire volume and quality of the encircled forest plot based on the results of Step 1 acceptance.
The acceptance time is conducted immediately after Party B completes all the technical measures as stipulated in the contract.
Participants in acceptance:
Contracting party: including project leader at the grassroots level, technical staff, accountant.
Undertaking party: representative undertaking and one of the representatives of the organization, village authority, cooperative society (if necessary).
Results of Step 1 acceptance of each forest plot of each household undertaking are recorded in the record form according to Model 5 attached to this Decision; results of basic acceptance (Step 2) of the entire project are recorded in the summary form according to Model 6 attached to this Decision, serving as the basis for settlement of the contract.
b) Content of acceptance, method of implementation:
- Volume acceptance: carried out as prescribed in Section a Clause 2 Article 1 of this Decision.
- Quality acceptance: survey the entire area, compare with the technical standards stipulated in the contract, evaluate the percentage of technical quality implementation according to the criteria below.
c) Acceptance criteria
|
Criteria |
Content of acceptance |
Handling measures |
|
1. Actual area implemented |
Sufficient area signed in the contract |
Acceptance 100% |
|
Insufficient area |
Acceptance based on actual implemented area |
|
|
2. Clearing vines, shrubs, promoting bud regeneration, promoting seed regeneration |
In accordance with the technical design stipulated in the contract |
Acceptance |
|
Not in accordance with the technical design |
Not accepted |
|
|
3. Forest affected by destruction |
Implemented as prescribed in Section c Clause 6 Article 1 of this Decision |
|
9. Article 9 - Acceptance of forest care is amended and supplemented as follows:
a) Steps of acceptance: carried out as prescribed in Section a Clause 4 Article 1 of this Decision.
Results of Step 1 acceptance are recorded in Form 7 attached to this Decision; results of Step 2 (basic acceptance) are recorded in Form 8 attached to this Decision, serving as the basis for settlement of the project.
b) Content of acceptance, method of implementation
- Volume acceptance: carried out as prescribed in Section b Clause 4 Article 1 of this Decision.
- Quality acceptance: acceptance of technical care criteria.
Clearing understory vegetation, hoeing around tree roots: survey the entire area, compare with the technical standards stipulated in the contract, evaluate the percentage of quality implementation.
Top-dressing, survival rate: carried out as prescribed in Section b Clause 2 Article 1 of this Decision.
c) Acceptance criteria.
|
Criteria |
Content |
Quality assessment standard |
Handling measures |
|
1. Clearing vegetation |
Area cleared of understory vegetation in accordance with technical design |
≥ 90 % |
- Acceptance payment 100% |
|
< 90 % |
- Not accepted |
||
|
2. Hoeing around tree roots |
Area of hoeing around tree roots in accordance with technical design |
≥ 90% |
- Acceptance payment 100% |
|
< 90 % |
- Not accepted |
||
|
3. Top-dressing |
Number of trees top-dressed with the correct type of fertilizer |
≥ 90% |
- Acceptance payment 100% |
|
< 90 % |
- Not accepted, require additional base fertilization |
||
|
4. Survival rate of healthy trees |
Survival rate of healthy trees after replanting. |
≥ 70% of the designed planting density |
- Acceptance payment 100% |
|
50% - < 70% of the designed planting density |
- Acceptance payment based on the survival rate of healthy trees |
||
|
< 50% of the designed planting density |
- Not accepted, report to competent authority for review |
11. Article 11 - Acceptance of forest protection is amended and supplemented as follows:
a) Steps of acceptance.
- Step 1: Technical staff from Party A directly accepts with the household undertaking, evaluates the forest protection results according to the criteria stipulated in item c below. The evaluation results are recorded in Form 9 attached to this Decision.
- Step 2 (basic acceptance): technical staff from Party A compiles a summary acceptance report for the inspection and verification of the Step 1 acceptance results by the Acceptance Committee. The Step 2 acceptance results are recorded in Form 10 attached to this Decision, serving as the basis for settlement of the contract.
b) Time of acceptance: completed no later than December of the planning year.
c) Content of acceptance: acceptance of protected forest area and quality.
Evaluate livestock damage, negative human impact;
- 100% area of forest not affected by destruction: shall be accepted for inspection and paid 100% of the contract value.
- Some areas of forest are destroyed (cutting, encroachment, burning for cultivation...): shall be handled as follows:
+ The person receiving the contract discovers the forest being harmed and immediately reports to the competent authority (specifically the project investor and local government): shall be considered to have fulfilled the forest protection task and shall be paid the forest protection fee according to the contract.
+ The person receiving the contract does not discover the forest being harmed, or discovers but does not report to the competent authority: shall only be paid the forest protection fee for the undamaged forest area, and the damaged forest area will be penalized according to the level of damage as prescribed by law.
- The method for determining the area of forest damage shall be carried out as prescribed in point d below.
d) Method of implementation: survey the entire area, compare with the design map to determine the boundary position, determine the implementation ratio through field measurement or direct measurement.
7. Article 12 - acceptance of enclosure and natural forest restoration shall be amended and supplemented as follows:
The provisions on acceptance of enclosure and natural forest restoration shall be implemented as prescribed in Clause 6, Article 1 of this Decision.
Article 2. Departments of Agriculture and Rural Development of provinces shall base on the above contents and attached forms to provide detailed guidance for implementation in accordance with the actual production situation of their respective localities.
Article 3. This Decision takes effect 15 days after its publication in the Official Gazette. Other contents not amended or supplemented in this Decision shall continue to be implemented as prescribed in Decision No. 06/2005/QĐ-BNN dated January 24, 2005 of the Minister of Agriculture and Rural Development.y January 24, 2005.
Article 4. Director of the Office, Director of the Forest Management Department, Heads of Departments, Bureaus, related units, Directors of Departments of Agriculture and Rural Development of provinces and centrally governed cities are responsible for implementing this Decision./
DEPUTY MINISTER
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