Circular No. 99/2006/TT-BNN guiding the implementation of certain provisions of the Forest Management Regulation issued together with Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of the Government Prime Minister.

CIRCULAR

GUIDELINES FOR IMPLEMENTING CERTAIN PROVISIONS OF THE FOREST MANAGEMENT REGULATION ISSUED TOGETHER WITH DECISION NO. 186/2006/QĐ-TTg, AUGUST 14, 2006, OF THE PRIME MINISTER

Based on the Forest Protection and Development Law 2004;

Pursuant to Decree No. 23/2006/NĐ-CP, March 3, 2006, of the Government on the implementation of the Law on Forest Protection and Development;

Pursuant to Decision No. 186/2006/QĐ-TTg, August 14, 2006, of the Prime Minister on the issuance of the Forest Management Regulation;

Pursuant to Decree No. 86/2003/NĐ-CP, July 18, 2003, of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development,

The Ministry of Agriculture and Rural Development issues guidelines for implementing certain provisions of the Forest Management Regulation issued together with Decision No. 186/2006/QĐ-TTg, August 14, 2006, of the Prime Minister as follows:

Section 1. GENERAL PROVISIONS

1. Scope of application: This Circular provides detailed guidance on certain provisions as stipulated in the Forest Management Regulation issued together with Decision No. 186/2006/QĐ-TTg, August 14, 2006, of the Prime Minister.

2. The objects subject to this Circular are state agencies, organizations, households, individuals within Vietnam, village communities; overseas Vietnamese, foreign organizations, and individuals related to forest protection and development in Vietnam.

Chapter 2. SPECIFIC PROVISIONS

1. Provisions on the division and determination of boundaries of forest management units and land allocated for forestry

1.1. Forests and land allocated for forestry are divided into forest management units: Sub-districts, plots, compartments according to Article 42 of Decree No. 23/2006/NĐ-CP dated March 3, 2006, of the Government on the implementation of the Law on Forest Protection and Development.

A sub-district has an area not exceeding 1,000 hectares, within the same administrative unit at the commune level. The numbering of sub-districts is recorded using Arabic numerals within each province, municipality directly under the central government (hereinafter referred to as provincial level), from Sub-district 1 to the last sub-district (for example: Sub-district 1, Sub-district 2).

A plot has an area not exceeding 100 hectares, within the same administrative unit at the commune level. The numbering of plots is recorded using Arabic numerals, from Plot 1 to the last plot, within each sub-district (for example: Plot 1, Plot 2).

A compartment has an area not exceeding 10 hectares, with relatively uniform forest or forestry land status, within the same administrative unit at the commune level. The numbering of compartments is recorded using Vietnamese letters within each plot (for example: Compartment a, Compartment b). Within the same plot, the names of compartments must not be duplicated.

The numbering of sub-districts, plots, and compartments is generally recorded in sequence from top to bottom, left to right, except in cases where they are added later.

1.2. Determination of boundary markers and guide maps shall be carried out according to the Regulation on Determining Boundaries and Setting Markers for Various Types of Forests, issued together with Decision No. 3013/1997/QĐ-BNN & PTNT, November 20, 1997, of the Ministry of Agriculture and Rural Development.

1.3. The Department of Agriculture and Rural Development (or may delegate authority to the Forestry Service in areas where there is a Forestry Service) shall uniformly manage forest management units and forestry land, deciding on the establishment, adjustment of boundaries, and forest management units and land allocated for forestry based on proposals from local organizations consulting on forest surveys and planning.

2. Criteria for poor degraded forests and types of degraded forests permitted for rehabilitation; measures, procedures, and formalities for forest rehabilitation

2.1. Rehabilitation of natural forests under this Circular means replanting forests on degraded natural forest areas with low productivity and quality, replacing them with planted forests that have higher productivity, quality, economic efficiency, and protective and environmental benefits.

2.2. Natural forests considered for permission to be rehabilitated are those that have deteriorated or developed poorly, lacking or having little capacity to recover and develop. If applied with silvicultural measures such as nurturing, enriching, and regeneration enclosure, the effectiveness would be low, specifically:

a) For pure timber forests:

- Regeneration trees with a height less than 5 meters and an average diameter under 6 centimeters, with a density lower than 800 trees per hectare.

- Timber volume less than 50 cubic meters per hectare.

b) For pure bamboo and rattan forests:

- Bamboo, rattan, and lotus forests with an average diameter under 3 centimeters, with a density lower than 8,000 trees per hectare.

- Forests of vầu, tre, and luồng with a diameter larger than 3 centimeters, with a density lower than 3,000 trees per hectare.

c) For mixed bamboo and rattan and timber forests, specific criteria will be determined based on the degree of mixing. For example, if half is bamboo and rattan and half is timber, then a degraded forest eligible for rehabilitation would be one with regeneration timber trees with a density below 400 trees (or timber volume below 25 cubic meters) and bamboo with a diameter under 3 centimeters, with a density below 8,000 trees per hectare (or vầu, tre with a density below 1,500 trees per hectare).

The People's Committee of provinces and centrally governed municipalities decides on the species of purpose trees, applying criteria on volume or tree density to decide on forest rehabilitation suitable for local conditions.

2.3. Measures for rehabilitating degraded natural forests.

Depending on natural conditions and characteristics of the planting species, one of the following two methods can be applied:

- Local rehabilitation: Planting forests in strips or patches.

- Comprehensive rehabilitation: Replacing the entire current forest tract with new purpose trees planted across the entire compartment area.

2.4. Procedures and formalities for forest rehabilitation.

a) For organizations, a project must be prepared; for households and individuals, a request for forest rehabilitation must be submitted to the competent authority for approval.

b) For forest owners who are National Parks and units under the Ministry of Agriculture and Rural Development: The forest owner prepares a report, the Forestry Bureau reviews it, and submits it to the Ministry of Agriculture and Rural Development for decision.

c) For other forest owners: The forest owner prepares a project, the Department of Agriculture and Rural Development reviews it, and submits it to the Provincial People's Committee for decision.

d) The forest owner is a household that requests to improve a forest area under 5 hectares, with a formal application for improvement, confirmed by the forestry rangers and the People's Committee of the commune, submitted to the People's Committee of the district, town, or city for consideration and decision. If the improvement involves 5 hectares or more, then the People's Committee of the district shall send it to the Department of Agriculture and Rural Development for review before making a decision to approve.

3. Criteria for planted forests that fail to become forests

Planted forests that fail to become forests: A planted forest lot after the initial care period as prescribed, has a survival rate below 50% compared to the planting standard specified, or compared to the designed planting density if there is no planting standard for that tree species and lacks the ability to close canopy, uneven distribution of trees within the lot, average tree height less than 2 meters, average trunk diameter less than 2 centimeters.

4. Criteria for protective forests meeting standards

4.1. Upstream protective forests: Must form concentrated areas, have mixed species structure, multi-layered canopies, with a canopy cover of at least 0.6. Ensure maintenance and regulation of water sources, protection of soil, reduction of erosion.

4.2. Wind and sand barrier protective forests: Must have at least one main forest belt with a minimum width of 20 meters, combined with secondary forest belts to form enclosed blocks; protective forests for agricultural production and economic works are planted in rows, each belt consisting of multiple rows of trees, closing canopies both horizontally and vertically. Ensure the function of blocking or reducing wind and sand damage.

4.3. Coastal wave and land reclamation protective forests: Must have at least one forest belt with a minimum width of 30 meters, consisting of multiple rows of trees closing canopies. Forest belts are staggered in the direction of the main waves; established trees with developed root systems ensure the function of wave blocking, stabilizing coastal lands, increasing sedimentation capacity, preventing or reducing coastal erosion.

4.4. Environmental protection forests: Are systems of forest belts, green strips, and trees interspersed among residential areas, industrial zones, and tourist sites. Ensure prevention of air pollution, creation of clean environments, and integration with recreational and touristic activities.

5. Forestry measures and economic-technical norms for developing productive forests

In recent years, the Ministry of Agriculture and Rural Development has issued technical procedures and norms for forestry operations for certain tree species. Based on local natural conditions, the Departments of Agriculture and Rural Development of provinces guide their implementation accordingly. For tree species not covered by the Ministry of Agriculture and Rural Development, the Departments of Agriculture and Rural Development issue procedures or provide technical guidance based on specific characteristics and natural conditions.

6. Regulations on construction of infrastructure facilities, proportion of land area for construction of facilities serving eco-tourism and resort activities in special-use forests, protective forests, and productive forests

6.1. For special-use forests:

a) Within strictly protected zones: Can establish footpaths, shelters, and signposts for patrolling and serving eco-tourism services. Absolutely no changes to the natural landscape of the forest area are allowed. Footpaths are limited to a maximum width of 1.5 meters. During construction, no actions that harm the habitats of wildlife are permitted.

b) Within ecological restoration zones: Can open main roads, construct facilities to protect and develop forests while serving tourism activities. The impact level of infrastructure facilities serving eco-tourism activities is maximally 20% of the total leased special-use forest area for leases up to 50 hectares, including allowing the use of 5% of the leased area for construction of architectural infrastructure, and 15% of the remaining area for footpaths, resting points, and parking lots; for leases exceeding 50 hectares, the impact level is maximally 15% of the total leased area, including allowing the use of 5% of the leased area for construction of architectural infrastructure, and 10% of the remaining area for footpaths, resting points, and parking lots. The area for infrastructure construction must be clearly marked on maps and delineated on-site through signage.

c) Within administrative service zones, scenic protection zones, and scientific research forests: The proportion of land area for construction of architectural infrastructure does not exceed 20% of the area for tourism purposes.

6.2. For protective forests:

- If there is no combined agricultural or fishery production, follow the provisions set out in paragraph b, point 6.1.

- If there is combined agricultural or fishery production and tourism development on areas without forests, the total area for both types of activities does not exceed 25% of the saline forest area or 20% of the area for upstream protective forests, wind barriers, and sand barriers.

Additionally, protective forests must still meet the criteria as stipulated in Clause 4, Section II of this Circular.

6.3. For productive forests:

- If there is no combined agricultural or fishery production, follow the provisions set out in paragraph c, point 6.1.

- If there is combined agricultural or fishery production on areas without forests, the total area for both types of activities does not exceed 25% of the area.

7. Regulations on combined agricultural, forestry, and fishery production in protective forests

7.1. Combined agricultural and fishery production shall not be carried out in very vulnerable protective zones, mountain peaks, within 30 meters from rivers or streams, or in areas with slopes over 30 degrees.

7.2. The Forest Protection Management Boards shall be responsible for planning, determining the location, boundaries of land, and coordinating with forestry and agricultural extension agencies to guide specific models of combined production of forestry, agriculture, and fisheries for each forest protection area. Combined production areas must be located on good quality land that is conducive to irrigation. Combined forestry, agricultural, and fishery production models within forest protection areas are sustainable cultivation models on sloping lands in hilly regions, or integrated cultivation models in coastal areas. Plant and animal species in combined production models should not cause soil erosion, have the effect of stabilizing sand dunes, be suitable for environmental conditions, prevent soil degradation, and avoid desertification.

7.3. Forest owners implementing combined agricultural and fishery production within forest protection areas shall enjoy all the results from the combined production process within such areas. Forest owners implementing combined agricultural and fishery production within forest protection areas shall be responsible for strictly complying with regulations on forest protection management.

The area for combined production shall be specified as follows:

- Organizational forest owners may use land without existing forests for combined agricultural and fishery production according to approved planning by competent state authorities.

- Household or individual forest owners may use up to 25% of the area without forests on mangrove forest land or up to 20% of the area without forests in upstream protective zones, windbreaks, and sand-stopping zones for combined agricultural and fishery production.

The location of combined production areas within forests must remain stable throughout the forest planning period.

7.4. Forest owners implementing combined forestry, agricultural, and fishery production within forest protection areas shall not carry out activities that negatively impact the growth and development of the forest protection area or disrupt the natural ecological processes of the forest, such as constructing embankments to obstruct tidal flow in coastal areas or building dams to accumulate water in mountainous regions. Forest owners violating forest protection management regulations and causing damage to forest resources will be subject to penalties under the law.

7.5. Combined production of forestry, agriculture, and fisheries within forest protection areas must be carried out according to planning approved by the Department of Agriculture and Rural Development (or delegated to the Forestry Service). The planning must clearly specify the proportion and scale of construction projects, roads, and auxiliary facilities in compliance with current regulations.

People's Committees at district, county, and town levels shall perform the function of inspecting and supervising implementation.

8. Regulations on harvesting forest products in planted forests based on their level of vulnerability for protection

8.1. Harvesting timber and other forest products from natural forests shall be carried out in accordance with the regulations promulgated together with Decision No. 40/2005/QD-BNN dated July 7, 2005 of the Ministry of Agriculture and Rural Development.

8.2. For production forests that are planted forests with a low level of vulnerability for protection, comprehensive harvesting can be conducted in full by compartments.

8.3. For production forests that are planted forests with a moderate level of vulnerability for protection, harvesting can be conducted on 50% of the area in strips or patches, specifically:

- The width of the harvesting strip shall not exceed 60 meters. Harvesting strips and retained strips shall be arranged parallel to contour lines and shall not be adjacent to each other;

- The largest patch harvesting area shall not exceed 5 hectares, and two adjacent patches shall not be harvested simultaneously;

- Further harvesting shall only occur after reforestation has been completed on the previously harvested strips and patches.

9. Procedures and formalities for establishing management and utilization records for resources in special-use forests

9.1. Special-use forest management boards must establish forest management records: These records include data on forest area and condition, forest management status, and maps showing details down to compartments, sections, and sub-sections. Records must be regularly updated and maintained in both paper form and computerized data, including the following contents:

a) Map preparation: Maps used for managing special-use forests must be accurate topographic maps with scales of 1/10,000 for special-use forests under 5,000 hectares; 1/25,000 for special-use forests between 5,000 and 10,000 hectares; and 1/50,000 for special-use forests over 10,000 hectares, containing detailed topographical features to delineate boundary lines down to sub-sections, sections, and compartments.

b) Division of functional zones in special-use forests: The division of special-use forest zones is carried out in accordance with Article 14 of Decision No. 186/2006/QD-TTg; management units such as sub-sections, sections, and compartments are defined in Point 1.1, Clause 1, Section II of this Circular.

9.2. Management boards of special-use forests are responsible for collecting information for each compartment, section, and sub-section, including the following: Area; forest condition, canopy cover, dominant plant species, animal species present in the section, recorded signs, and information about invasive species, which must be stored on paper and computer and updated on the map.

9.3. Special-use forest management boards must identify priority areas for forest management and protection, monitor the natural succession of forest ecosystems. For zones planned for tourism development, such as administrative service zones and eco-tourism routes, the impacts on the natural succession of the forest must be considered, and management and protection plans proposed.

9.4. Procedures and formalities for establishing records for resource utilization in special-use forests:

a) Thinning: After obtaining permission from the Ministry of Agriculture and Rural Development to thin forests in special-use forests under its jurisdiction, and from provincial people's committees for those under provincial jurisdiction, forest owners shall proceed with design work.

Content of the design:

- Clearly define boundaries and areas by compartments, sections, and sub-sections;

- Calculate the volume of usable products by size, tree species, and wood groups;

- Prepare design documentation for silvicultural measures (thinning).

Approval procedures:

- The Forestry Department shall approve the design documentation for selective cutting in conservation forests for special-use forests under the management of the Ministry of Agriculture and Rural Development.

- The Department of Agriculture and Rural Development shall approve the design documentation for selective cutting in conservation forests for special-use forests managed by provinces and centrally governed cities.

Principles during the process of selective cutting in conservation forests:

- Selective cutting in conservation forests must comply with procedures and regulations to ensure regeneration, minimize impact on remaining trees, and not create new transport routes, storage areas, but instead utilize existing facilities or trails for transportation.

- Selective cutting in conservation forests must be conducted at the approved location, area, and target species as permitted by the competent authority. It is strictly prohibited to bring wood from other areas into the designated selective cutting zone.

b) Salvage harvesting:

Prepare salvage harvesting documentation (for forest areas where trees have died or fallen within administrative, service, and ecological restoration zones).

After being authorized by the Ministry of Agriculture and Rural Development for salvage harvesting in special-use forests under its management, and by provincial or centrally governed city People's Committees for special-use forests under their management, the forest owner shall collect timber in each plot, gather it at the plot, compartment, or sub-compartment level, then specifically tally the number of logs, pieces, trees, and boards; measure dimensions, calculate volume according to wood type for each plot, compartment, or sub-compartment.

Approval procedures:

- The Forestry Department shall approve the design documentation and issue permits for salvage harvesting in special-use forests under the management of the Ministry of Agriculture and Rural Development.

- The Department of Agriculture and Rural Development shall approve the design documentation and issue permits for salvage harvesting in special-use forests under the management of provinces and centrally governed cities.

Organization of salvage harvesting:

- Salvage harvesting must be conducted at the approved location, area, and target species as permitted.

- It is strictly prohibited to bring wood from other areas into the designated salvage harvesting zone.

10. Provisions for releasing wild animals into the forest

10.1. Wild animals seized due to law violations: If they are healthy and free from illness, they must be promptly released back into their natural habitat suitable for their species' environment and food sources. In cases where wild animals are not healthy (sick or injured), a record should be made and transferred to wildlife rescue centers (if conditions permit) for care and release into the natural environment.

In cases where wild animals are dead or severely injured and cannot be saved, a record should be made and handed over to scientific research agencies for processing into specimens for educational and research purposes (if conditions permit) or organized destruction to ensure environmental cleanliness, or processed into products for consumption (if conditions meet food safety standards).

10.2. Wild animals from rescue centers: Before transferring and releasing them into the natural environment, the following procedures must be followed:

- Documentation for receiving and transferring wild animals from the management board of the protected area.

- The appraisal council of the rescue center shall prepare an appraisal record confirming that the wild animals are fit to live in the natural environment. The record should include the species name, health status, and biological habits.

- Decision by the competent authority regarding the release of wild animals; quarantine report by the veterinary agency and permit for transporting wild animals in accordance with current regulations.

11.1. Management boards of special-use forests may organize scientific research activities, sample collection, and genetic resource gathering of forest flora and fauna according to plans approved by the competent authority. For special-use forests directly under the Ministry of Agriculture and Rural Development, the Ministry approves the plan. For special-use forests directly under provincial People's Committees, the provincial People's Committee approves the plan.

11.2. Organizations and individuals must have a research program, project, or topic approved by the competent authority (at school or institute level or higher) before conducting sample collection, which includes details on sample collection and genetic resources. Scientific research, teaching, and internships in special-use forests are carried out in accordance with Article 54 of Decree No. 23/2006/NĐ-CP.

11.3. For samples of common wild flora and fauna species intended for scientific research, permission must be obtained from the management board of the special-use forests or the direct managing unit of those forests. For samples of rare and precious wild flora and fauna species intended for scientific research, approval from the Ministry of Agriculture and Rural Development is required.

11.4. Collection of samples and genetic resources must be supervised by the management board of the special-use forests or the direct managing unit of the forest. For common wild flora and fauna species, research organizations are allowed to collect up to three samples of each species. In exceptional cases requiring more samples, approval from the special-use forest management board is necessary. After scientific classification, one sample (for special-use forest management boards with museums capable of storing samples) must be returned to the special-use forest management board. For other research such as chemical, biological, and medical analysis, a summary report of the research results must be submitted to the special-use forest management board within ninety days from the date of sample collection.

11.5. For wild flora and fauna samples that cannot be scientifically appraised domestically and require overseas appraisal, approval from the Ministry of Agriculture and Rural Development is required. The maximum number of samples sent abroad for appraisal is three per species (exceptional cases require scientific justification). After appraisal, at least two samples must be returned to Vietnam along with the appraisal results.

11.6. Copyright for samples and genetic resources collected in special-use forests shall be agreed upon between the special-use forest management board and the organizations or individuals participating in scientific research and specified in the research program or topic.

11.7. The collection of specimens and genetic resources of forestry tree varieties must comply with the management regulations for forestry tree varieties issued together with Decision No. 89/2005/QĐ-BNN dated December 29, 2005, of the Minister of Agriculture and Rural Development.

Section 3. IMPLEMENTATION ORGANIZATION

This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

Ministries, ministerial-level agencies, governmental agencies, People's Committees of provinces and centrally governed cities, Directors of Departments of Agriculture and Rural Development, Heads of agencies and units under the Ministry are responsible for implementing this Circular.

In the course of implementation, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to report them to the Ministry of Agriculture and Rural Development for timely revision and supplementation./.