CIRCULAR

Guidelines for implementing certain contents of the Regulation on Management of Investment in Construction of Forestry Projects issued together with

Decision No. 73/2010/QĐ-TTg dated November 16, 2010 of the Government Prime Minister

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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;

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

Pursuant to Decision No. 73/2010/QĐ-TTg dated November 16, 2010 of the Government on Issuing the Regulation on Management of Investment in Construction of Forestry Projects;

The Ministry of Agriculture and Rural Development issues this Circular guiding the implementation of certain contents of the Regulation on Management of Investment in Construction of Forestry Projects issued pursuant to Decision No. 73/2010/QĐ-TTg dated November 16, 2010 of the Government Prime Minister as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular guides certain contents of the Regulation on Management of Investment in Construction of Forestry Projects issued together with Decision No. 73/2010/QĐ-TTg dated November 16, 2010 of the Government Prime Minister (hereinafter referred to as Decision No. 73/2010/QĐ-TTg), including: Project establishment, review, approval, and implementation of forestry construction projects formed from forestry activities. (hereinafter referred to as forestry project).

2. The forestry project includes technical design, specific content down to each operational lot, and the particularities of the forestry investment project.

3. The establishment, review, approval, and implementation of infrastructure technical facilities serving forest protection and development are not within the scope of adjustment of this Circular.

Article 2. Applicability

This Circular applies to agencies, organizations, households, individuals within the country, village communities related to forestry development using state capital (including budget funds, credit guaranteed by the state, state investment credit, state-owned enterprise development investment capital, and other sources managed by the state exceeding 30% of the total investment amount).

Chapter II

ESTABLISHMENT, REVIEW, AND APPROVAL OF FORESTRY PROJECTS

Article 3. Conditions for establishing forestry projects

Establishing forestry projects must comply with the conditions prescribed in Article 4 of the Regulation on Management of Investment in Construction of Forestry Projects issued together with Decision No. 73/2010/QĐ-TTg dated November 16, 2010 of the Government Prime Minister.

Article 4. Content of preparatory work for project establishment

1. Preparation work

a) Collecting relevant regulations, documents, and maps as prescribed;

b) Preparing materials and funding;

c) Drafting implementation plans.

d) Collecting economic and technical standards related to forestry activities.

2. Fieldwork

a) Surveying and determining the boundaries of small areas, compartments, and lots at the site;

b) Measuring and setting boundary stakes, constructing field design maps;

c) Conducting ground surveys

Ground surveys have different contents depending on the type of forestry project. For planting forest projects: determine the ground cover class, height, density; For nurturing and enriching forest projects: determine the forest condition, composition, density, tree height, and regeneration, compile a comprehensive timber volume table; For forest improvement projects: determine the forest condition, composition, density, tree height, and logging potential.

d) Land survey

Determining land classes based on factors such as parent rock, formation origin, soil layer thickness, mechanical composition, and gravel content;

đ) Surveying natural factors: topography, elevation, slope, distance to work, seedling transportation distance for each lot in the project;

e) Investigating socio-economic and cultural issues in the project area;

g) Completing field documentation.

3. Office work

a) Determining forestry techniques for each lot in the forestry project;

b) Determining economic and technical indicators; For technical contents not included in the economic and technical standards, they should be determined based on the nature and content of the work to establish the actual necessary cost standards;

c) Calculating average investment costs per hectare for each lot of the project, and the total project costs based on economic and technical standards, local labor and material prices, and the time of project establishment;

d) Drafting operational plans and costs for each year of implementation from the start to the end of the project according to each activity;

đ) Constructing technical design outcome maps for forestry activities according to specified scales;

e) Compiling a detailed report on the forestry project.

Article 5. Project Development

The project proponent is responsible for preparing or hiring consulting organizations to prepare the project, including:

1. Detailed project report (according to the model attached as Appendix 1 to this Circular);

2. System of tables accompanying the forestry project (according to the model attached as Appendix 2 to this Circular);

3. Current land use map;

4. Forestry operation map.

Article 6. Main contents of the project description for forestry activities

1. General overview of the project

a) Managing investor

b) Project investor

c) Land user

d) Project name: Clearly define the type of forestry activity project such as afforestation, forest nurturing, enriching forests, forest improvement, natural regeneration enclosure, and establishment of forest tree seed sources.

đ) Origin of the project: Specify whether the forestry activity project is part of a previously approved forestry development project (project number, date ..., approving authority) or an independent project established based on the approved local forest protection and development planning.

e) Objectives: Clearly define the objectives of the forestry activity project (protection, special use, production, or establishment of seed sources) to be achieved regarding the quality of the forest and the quality of seed supply.

g) Investment location (Defined according to administrative area names: province, district, commune; Defined according to forestry land division system: small forest management unit, plot).

h) Legal basis and related documents for establishing the forestry activity project.

i) Natural conditions: Geographic location; Topographic features, soil, vegetation; Climate, hydrology, and other natural conditions in the region (if necessary).

k) Economic and social conditions (if necessary).

2. Project content

a) Activities of the project;

b) Achievements of the project;

c) Implementation time of the project;

d) Capital investment requirements;

đ) Tender selection method (as stipulated in Article 12 of the Regulation on Management of Investment Construction of Forestry Projects issued together with Decision No. 73/2010/QĐ-TTg);

e) Human resources for implementation.

3. Proposals and recommendations

Proposals and recommendations of the project investor related to the review, approval, and implementation of the project.

Article 7. Current land use map and technical design map (operational map) for forestry activities

1. The construction of the maps shall be carried out according to Appendix 3 of this Circular.

2. The organization or individual establishing the project and the project investor jointly confirm on the project's result map for forestry activities.

Article 8. Documents for review and approval of forestry activity projects

Documents for review and approval of forestry activity projects include:

1. Request for review and approval of the project (according to the model at Appendix 4 issued together with this Circular; original copy);

2. Forestry activity project, signed and stamped by the project investor and the consulting organization or individual who prepared the project; original copy);

3. Current land use map (legal copy); operational forestry map (original copy);

4. Field acceptance record between the project investor and the consulting organization or individual who prepared the project (original copy);

5. Office acceptance record between the project investor and the consulting organization or individual who prepared the project (original copy);

6. Related legal documents (decisions of competent authorities such as: investment permission policy, technical outline and budget estimate for preparing the project (if any), land use right certificate (certified copy) or land use permission policy of competent authorities, forestry development plan.

Article 9. Procedures and formalities for reviewing and approving forestry activity projects

1. For investors who are national parks and units under the Ministry of Agriculture and Rural Development, submit 05 sets of documents (one original copy, four certified copies) to the Forest Administration for review and submission to the Ministry of Agriculture and Rural Development for decision; For investors under other Ministries and sectors submit 05 sets of documents (one original copy, four certified copies) for to the respective Ministry or sector office for review and approval; For investors who are other organizations, submit 05 sets of documents (one original copy, four certified copies) to the Department of Agriculture and Rural Development for review and submission to the provincial People's Committee for decision; For investors who are households, individuals, or village communities, submit 05 sets of documents (one original copy, four certified copies) to the District People's Committee for decision.

Methods of submitting documents: directly or through postal service.

2. Within three working days from the date of receipt of the documents, the Forest Administration, Departments of Agriculture and Rural Development, District People's Committees, and offices of other Ministries and sectors shall notify organizations, individuals, households, and village communities to complete the documents if they are incomplete according to regulations;

3. Within fifteen working days from the date of receipt of valid documents, the Forest Administration must prepare a review report and submit it to the Ministry of Agriculture and Rural Development for decision; Departments of Agriculture and Rural Development must prepare a review report and submit it to the provincial People's Committee for decision; Functional departments of District People's Committees must prepare a review report and submit it to the District People's Committee for decision. For other Ministries and sectors with forestry activity projects, the agency assigned by the Ministry or sector to conduct the review must prepare a review report and submit it to the Ministry or sector for decision;

4. Within three working days from the date of receipt of reviewed documents, the Ministry of Agriculture and Rural Development, provincial People's Committees, District People's Committees, and other Ministries and sectors with forestry activity projects must issue a decision to approve the forestry activity project and deliver the results to the organizations or individuals who submitted the application.

Chapter III

IMPLEMENTATION AND ACCEPTANCE OF FORESTRY ACTIVITY PROJECTS

Article 10. Implementation of Forestry Projects

1. After the project is approved, the Project Owner shall proactively develop detailed plans and allocate resources to implement the project.

2. The implementation of the project must comply with the approved plan and design. The Project Owner is fully responsible for the progress, quality, and quantity of the project's implementation. If the project has multiple stages, preliminary acceptance must be completed and a certificate confirming the volume of work finished must be established before proceeding to the next stage.

3. There must be close cooperation between the contractor and the Project Owner to ensure that the seasonal timing and progress of the work according to the project plan are not affected.

4. Payment during the project implementation shall be carried out in accordance with the Ministry of Finance’s regulations on managing, settling, and finalizing accounts for forestry construction projects.

Article 11. Annual Acceptance for Each Activity During the Implementation of Forestry Projects

1. Annual acceptance involves checking the implementation of the objectives and plans approved in the forestry project to determine the results achieved, serving as a basis for settling and finalizing accounts between the Project Owner and the contractor or the person receiving the contract based on the contract. Annual acceptance only applies to forestry projects lasting more than one year (forest planting projects, forest enclosure and promotion of natural regeneration, enrichment of forests, forest improvement).

2. Annual acceptance shall be conducted according to the following principles:

a) Annual acceptance shall be carried out for each stage implemented within the annual plan.

b) The acceptance committee shall conduct acceptance at the project site.

c) For continuous and successive forestry activities, multi-step acceptance may be conducted. The results of previous activity acceptance serve as the basis for payment of completed work volumes and the commencement of subsequent activities.

3. The Project Owner is responsible for establishing the acceptance committee and organizing annual acceptance for each component of the forestry project. The acceptance committee consists of:

a) Representatives from the Project Owner, technical staff, planning officers, accountants (Party A);

b) Representatives from the contractor or the person receiving the contract (Party B).

4. The acceptance committee is responsible for preparing a report on the acceptance results to submit to the Project Owner, serving as a basis for settling and finalizing accounts for completed contents during the project execution.

Article 12. Procedures for Final Acceptance of Forestry Projects

1. When concluding a forestry project, the Project Owner shall establish an acceptance committee consisting of the following members:

a) Representatives from the Project Owner (leadership, technical staff, accountants, supervisors of project implementation);

b) Contractors: representatives from contractors through various construction stages;

c) Representatives from organizations, village authorities, cooperatives (if necessary).

2. The acceptance committee shall carry out final acceptance of the forestry project according to the content and methods stipulated in this Circular and report the acceptance results and recommendations to the Project Owner for consideration and approval of the project conclusion.

3) Documents for final acceptance of forestry projects include:

a) Decision to establish the acceptance committee;

b) Approved forestry construction project investment plan by competent authority;

c) Annual acceptance documents between the Project Owner and the contractor (for projects lasting over one year);

d) Report on project implementation accompanied by documents confirming the volume and quality of work completed annually by the Project Owner for the forestry project (for projects lasting over one year);

e) Report on the implementation of the forestry project by the Project Owner. The content of the report must reflect the following main points: Overview of the project implementation process, comparison between the accepted volume and value of products settled against the approved budgeted volume and value; Evaluation of the degree of completion compared to the project objectives and requirements approved by the competent authority; Recommendations for forestry technical solutions for the next phase for each formed forest lot.

Article 13. Requirements for final project acceptance

1. Determine the quantity and quality of works carried out based on reviewing the annual result reports and acceptance files (for projects lasting more than one year);

2. Determine the value of assets of forestry investment works: The area of forest formed through forestry investment work is equivalent to the value invested by the State (excluding the part lost due to unavoidable natural disasters - confirmed by a document). The investor is responsible for continuing to manage that asset to maximize the effectiveness of the investment work.

3. All forestry projects must organize on-site final acceptance.

4. The final acceptance of forestry projects shall be conducted according to the contents and methods prescribed in Articles 14, 15, and 16 of this Circular.

5. The results of final project acceptance are compiled and recorded in a protocol (in accordance with the form prescribed in Appendix 4 issued together with this Circular).

Article 14. Contents and Methods of Final Acceptance of Forestry Projects for afforestation projects, forest improvement projects, enrichment planting projects, and seedling source construction projects

1. Quantity acceptance

a) Review the implementation results of the workload through the annual acceptance protocols of the Investor.

b) Inspect 100% of the plots that have been implemented at the site.

c) Inspection content: Compare the boundary limits of the inspected plot between the map and the actual site; Mark the current state of the planted forest by direct measurement using handheld GPS devices with positioning error ≤ ± 5m.

2. Quality acceptance:

a) For comprehensive afforestation:

Acceptance method: Use random sampling to check, with a sample plot ratio of 10% of the total number of plots in the project for each impact solution. In cases where the number of plots is less than 10, one plot must also be randomly selected. Within the sampled plot, use systematic sampling to arrange measurement squares with a ratio of 5% of the plot area. Standard square area: 100 m², size 10 x 10 m. The number of standard squares is calculated by the formula: N = S x measurement ratio/100 m² (where N is the number of standard squares, S is the area of the inspected forest plot in m²).²Measurement content within the standard square: Count all trees within the standard square, classify them according to quality grades (good, medium, poor), and measure the height of the three trees with average diameter growth.² (where N is the number of standard plots, S is the area of the inspected forest plot measured in m²)²).

Content of measurement in the standard plot: Count all trees within the standard plot, categorized by quality grade (good, average, poor), and measure the height to the top of three trees with average diameter at breast height representing normal growth.

b) For strip afforestation:

Acceptance method: Use random sampling to check, with a sample plot ratio of 5% of the total number of strip afforestation plots. Within the sampled plot, randomly select 10% of the strips for quantity acceptance, in cases where the total number of strips in the plot is less than 10, one strip must also be selected for inspection.

Measurement content within the strip: Follow the regulations for comprehensive afforestation.

3. Criteria for evaluating afforestation plots

a) For tree species with approved Afforestation Technical Regulations by the Ministry of Agriculture and Rural Development, apply the acceptance criteria as prescribed.

b) For other tree species without approved Afforestation Technical Regulations, apply the following evaluation criteria:

Article 15. Final acceptance of forest enclosure and regeneration promotion project

1. The final acceptance of forest enclosure and regeneration promotion combined with planting forestry trees shall be carried out in accordance with the provisions of Article 14 of this Circular.

2. The final acceptance of forest enclosure and regeneration promotion with technical measures

a) Quantity acceptance

Shall be carried out in accordance with the provisions of Clause 1, Article 14 of this Circular.

b) Quality acceptance

Survey the entire plot area, compare with the specified technical standards, evaluate the percentage of quality implementation according to the provision below point c.

c) Acceptance criteria

Article 16. Final acceptance of forest nurturing project

The forest nurturing project is implemented throughout the year, the annual acceptance result is also the final acceptance result of the project.

Article 17. Re-inspection of final acceptance of forest management project

1. Re-inspection: Is the re-checking of the final acceptance result of the forest management project. The re-inspection is conducted by the Investment Decision Maker for the Investor; The re-inspection team members are decided by the Investment Decision Maker (including representatives from the investment decision-making level, the investor, the implementer, local government representatives or forest rangers); The re-inspection is carried out after the completion of the final project acceptance or annual acceptance for the forest management project; The re-inspection must be conducted no later than 30 days from the date of receipt of the investor's acceptance result report.

2. Re-inspection dossier

a) Forestry development project (project lot) or approved local forest protection and development plan;

b) Approved forest management project by competent authority;

c) Annual acceptance documents between the Project Owner and the contractor (for projects lasting over one year);

d) Final acceptance record of the forest management project by the Investor;

đ) Report on the implementation results of the forest management project by the Investor.

4. Re-inspection method

The re-inspection is carried out by randomly selecting at least 5% of the plots that have been implemented for inspection.

5. Content:

a) On-site survey of the entire area of each sampled forest plot, determine the boundary location, compare with the design map, encircled drawing, and determine the implementation ratio by direct measurement with handheld GPS equipment, positioning error ≤ ± 5m.

b) The content and method of re-inspection of quality implementation are the same as those for the final project acceptance.

6. The re-inspection result is recorded in a protocol (in accordance with the form prescribed in Appendix 4 attached to this Circular).

Article 18. Training units issuing certificates for consulting activities in construction of forest engineering projects:

Training institutions are universities, colleges specializing in forestry and vocational schools with forestry majors under the Ministry of Agriculture and Rural Development (or organizations entrusted by the Ministry of Agriculture and Rural Development) organize training and issue training certificates for consulting activities in developing forest engineering projects.

Chapter IV

IMPLEMENTATION

Article 19. Rewards and Disciplinary Measures

1. Agencies, organizations, and individuals that effectively implement the Regulation on Management of Investment in Construction of Forest Engineering Projects and Project Investors in forest projects with high rates of successful afforestation and forest enclosure (over 90% for afforestation on dry land or over 60% for afforestation on saline-affected land) shall be rewarded in accordance with the provisions of the law.

2. Agencies, organizations, and individuals violating the Regulation on Management of Investment in Construction of Forest Engineering Projects, or Project Investors (financed by state budget funds) with low rates of successful afforestation and forest enclosure (less than 70% for afforestation on dry land or less than 50% for afforestation on saline-affected land) must be subject to criticism and bear responsibility under the law.

Article 20. Implementation

1. The General Department of Forestry shall be responsible for monitoring, inspecting, and auditing the implementation of this Circular.

2. Provincial People's Committees shall be responsible for directing and supervising the implementation of the Regulation on Management of Investment in Construction of Forest Engineering Projects issued together with Decision No. 73/2010/QĐ-TTg dated November 16, 2010 of the Government Chairman and the guiding provisions set forth in this Circular at all levels and sectors within their localities.

3. Heads of units under the Ministry shall be responsible for organizing the implementation of this Circular within their units.

4. Project investors shall conduct supervision and evaluation of investment in forest engineering projects in accordance with the provisions of Decree No. 113/2009/NĐ-CP dated December 15, 2009 of the Government on Supervision and Evaluation of Investment.

Article 21. Effective Date

1. This Circular shall take effect 45 days from the date of issuance. Previous regulations of the Ministry of Agriculture and Rural Development that conflict with this Circular shall be abolished.

2. During the implementation process, if there are difficulties or obstacles, provincial and centrally-run city People's Committees are requested to promptly report them to the Ministry of Agriculture and Rural Development for study and resolution./.