| THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No: 99/2006/TT-BNN | Hanoi, November 06, 2006 |
CIRCULAR
GUIDING THE IMPLEMENTATION OF A NUMBER OF PROVISIONS OF THE REGULATION ON FOREST MANAGEMENT, ISSUED TOGETHER WITH THE PRIME MINISTER'S DECISION NO. 186/2006/QD-TTG OF AUGUST 14, 2006
Pursuant to the 2004 Law on Forest Protection and Development;
Pursuant to the Government's Decree No. 23/2006/ND-CP of March 3, 2006, on the implementation of the Law on Forest Protection and Development;
Pursuant to the Prime Minister's Decision No. 186/2006/QD-TTg of August 14, 2006, promulgating the Regulation on forest management;
Pursuant to the Government's Decree No. 86/2003/ND-CP of July 18, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
The Ministry of Agriculture and Rural Development guides the implementation of a number of provisions of the Regulation on forest management, issued together with the Prime Minister's Decision No. 186/2006/QD-TTg of August 14, 2006, as follows:
Section I. GENERAL PROVISIONS
1. Governing scope: This Circular guides in detail a number of provisions of the Regulation on forest management, issued together with the Prime Minister's Decision No. 186/2006/QD-TTg of August 14, 2006.
2. This Circular applies to state agencies, domestic organizations, households and individuals, village population communities; overseas Vietnamese, foreign organizations and individuals involved in the protection and development of forests in Vietnam.
Section II. SPECIFIC PROVISIONS
1. Provisions on the division and delimitation of forest and forest land management units
1.1. Forests and forest land are divided into management units: sub-zone, plot and lot in accordance with Article 42 of the Government's Decree No. 23/2006/ND-CP of March 3, 2006, on the implementation of the Law on Forest Protection and Development.
A sub-zone has an area not exceeding 1,000 hectares within an administrative unit of commune, ward or township (collectively referred to as commune-level). Sub-zones are numbered in Arabic numerals within each province or centrally run city (collectively referred to as provincial-level) from the first sub-zone to the last sub-zone (for example: sub-zone No. 1, sub-zone No. 2).
A plot has an area not exceeding 100 hectares within a commune. Plots are numbered in Arabic numerals within each sub-zone from the first plot to the last plot (for example: Plot 1, Plot 2).
A lot has an area not exceeding 10 hectares with relatively similar forest or forest land status within a commune. Lots are ordered in Vietnamese letters within each plot (for example: Lot a, Lot b). The names of forest lots within a plot must not be identical.
Basically, sub-zones, plots and lots are numbered from high to low, from left to right, except for those which are added latter.
1.2. The determination of boundary markers and signboards shall comply with the Regulation on delimitation of boundaries and demarcation of assorted forests, issued together with the Agriculture and Rural Development Ministry's Decision No. 3013/1997/QD-BNN&PTNT of November 20, 1997.
1.3. Provincial/municipal Agriculture and Rural Development Ministry (or the authorized Forestry Sub-Departments in localities where exist Forestry Sub-Departments) shall perform the uniform management of forest and forest land management units, decide on the establishment and adjustment of boundaries of forest and forest land management units at the proposal of local consultancy organizations on forest surveys and plannings.
2. Criteria of poor forests and kinds of poor forests permitted for regeneration; forest regeneration methods, order and procedures
2.1. Regeneration of natural forests under this Circular is understood as the reforestation in poor forests of low productivity or quality so as to replace them with planted forests of higher yield, quality, economic benefits and environmental protection capacity.
2.2. Natural forests to be considered for regeneration are deteriorated or poorly developed ones which are impossible or less possible to recover or develop through the application of bio-forestrial methods such as forest nurturing, forest enrichment or zoning for regeneration, specifically:
a/ For homogeneous timber-tree forests:
- To be-regenerated trees must have a height of below 5 m and an average diameter of under 6 cm, with a density of less than 800 trees per hectare.
- The timber reserve is under 50 cubic meters per hectare.
b/ For homogeneous bamboo forests:
- For neohouzeaua, dendrocalamus and bambusa. procera forests, the average tree diameter must be under 3 cm and the density must be under 8,000 trees per hectare.
- For indosana amabilis, bamboo and dendrocalamus membranaceus forests, the average tree diameter must exceed 3 cm and the density must be under 3,000 trees per hectare.
c/ For mixed forests of bamboo and timber trees, criteria shall be based on the specific bamboo-to-timber tree ratio. For example: For forests with half bamboo and half timber trees, poor forests to be regenerated may be those with regenerated timber trees of a density of under 400 trees per hectare (or with the timber reserve of under 25 cubic meters) and neohouzeaua trees with a diameter of under 3 cm or a density of below 8,000 trees per hectare (or indosana amabilis and bamboo trees of a density of under 1,500 trees per hectare).
Provincial/municipal People's Committees shall decide on plant species to be regenerated and use the reserve or tree density criterion to decide on forests to be regenerated in conformity with their local practical situation.
2.3. Methods for regeneration of poor natural forests
Depending on the natural conditions and characteristics of trees, either of the following two methods shall be applied:
- Partial regeneration, which means the re-planting of forests in strips or expanses.
- Whole regeneration, which means the replacement of the whole existing forests by replanting plants in the whole lot areas.
2.4. Order of and procedures for forest regeneration
a/ Forest regeneration: Organizations shall prepare projects while households or individuals shall file an application for forest regeneration to competent authorities for approval.
b/ Forest owners being national parks or non-business units under the Agriculture and Rural Development Ministry shall elaborate and file a report to the Forestry Department for appraisal and submission to the Agriculture and Rural Development Ministry for decision.
c/ Other forest owners shall prepare and submit projects to provincial/municipal Agriculture and Rural Development Services for appraisal and submission to provincial-level People's Committees for decision.
d/ Forest owners being households that wish to regenerate forests of under 5 hectares shall file a forest regeneration application, certified by the local forest protection office and the commune-level People's Committee to People's Committees of districts or towns for consideration and decision. When a to be-regenerated forest has an area of 5 hectares or more, the district-level People's Committee shall forward such an application to provincial/municipal Agriculture and Rural Development Service for appraisal before making approval decision.
3. Criteria of planted forests which cannot develop into forests
Planted forests which cannot develop into forests are forest lots which, after the prescribed investment and nurturing period, have the ratio of alive trees of under 50% against the forest planting regulations applicable to these trees or against the designed density, if no forest planting regulation is available for these trees; trees do not have crown contact and are planted unevenly within lots; the average height of trees is under 2 m and the average stem diameter of under 2 cm.
4. Criteria for standard protective forests
4.1. Headwater protective forests must be concentrated ones with mixed species and different layers, the forest coverage ratio must be 0.6 or higher so as to preserve and regulate water sources, protect soil and reduce erosion.
4.2. With regard to wind- and sand-shielding protective forests, each must have at least one main forest belt of at least 20 meters in width, combined with auxiliary forest belts to form a closed square; protective forests in service of agricultural production and economic works must be planted in strips or rows, with each forest belt or strip consisting of different rows of trees, which must have both horizontal and vertical crown contact so as to prevent or alleviate harms caused by wind or sand.
4.3. With regard to breakwater and sea encroachment protective forests, each must have at least one forest belt of at least 30 m in width, each consisting of many rows of trees with crown contact. Forest belts must have alternate gates in the main wave direction; forest trees must have a crown contact and a developed root system to help break water, stabilize soil, increase coastal alluvia and prevent or reduce landslides.
4.4. With regard to protective forests for environmental protection, there must be forest belts and strips and greeneries intermingled with residential areas, industrial parks and tourist resorts to prevent air pollution and create a clean environment, combined with recreation, entertainment, and tourism.
5. Bio-forestrial methods and econo-technical norms for development of production forests
Over the past years, the Ministry of Agriculture and Rural Development has promulgated several regulations on bio-forestrial techniques applicable to several plant species. Provincial/municipal Agriculture and Rural Development Services shall guide the implementation of these regulations in conformity with local natural conditions. For other plant species, provincial/municipal Agriculture and Rural Development Services shall promulgate regulations on bio-forestrial techniques or guide bio-forestrial methods for application.
6. Provisions on the construction of infrastructures and the proportion of land areas on which the construction of works is permitted in service of eco-tourism and resorts within special-use forests, protective forests and production forests
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