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Circular 38/2014/tt-Bnnptnt: Guidance On Sustainable Forest Management Schemes

Original Language Title: Thông tư 38/2014/TT-BNNPTNT: Hướng dẫn về Phương án quản lý rừng bền vững

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AGRICULTURE AND RURAL DEVELOPMENT
Number: 38 /2014/TT-BNPTNT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 3, 2014

IT ' S SMART

Oh. It ' s about sustainable forest management.

________________

Base. Law of Protection and Development of the Forest in 2004;

Base of Protocol 199 /2013/NĐ-CP November 26, 2013 of the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Base of Protocol 23 /2006/NĐ-CP March 3, 2006 of the Government on the Law of Protection and Forest Development in 2004;

Base Decision Base 186 /2006/QĐ-TTg August 14, 2006 by the Prime Minister on the Rules of Forest Management; Decision No. 34 /2011/QĐ-TTg June 24, 2011 by the Prime Minister on the amendment, complements some of the provisions of the Forest Management enacted by Decision No. 1. 186 /2006/QĐ-TTg August 14, 2006 of Prime Minister;

The Ministry of Agriculture and Rural Development issued a Guide to Sustainable Forest Management Methods as follows:

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

1. The adjustment range: This information provides for, appraisal, approval, inspection, supervision, implementation of the Sustainable Forest Management Variation and Forest certification for natural forest, forest producing forests and forests.

2. Subject applies: as the agency, state organization and forest hosts are the relevant organization, appraisal, approval, inspection, oversight, implementation of the Sustainable Forest Management Variation and Forest certification.

What? 2. Principles of Sustainable Forest Management

1. The forest lord is the organization (the following is the owner of the forest) that fully accepts the rule of law, the International Agreement in which Vietnam is a member and the provisions of the Sustainable Forest Management Variation.

2. Secure the long, continuous forest business and achieve high economic efficiency.

3. Respect the right to use the forest, using legal land or by the customs of the people and the local community. Implementing a forest co-management to attract labor, job creation, raising lives for the people and the rural community (later abbreviated as community), ensuring social security.

4. Maintenance, development of the value of biodiversity, the ability to hedge the forest; protect the ecological environment.

Chapter III

SUSTAINABLE FOREST MANAGEMENT

What? 3. Content Management of Sustainable Forest Management

1. The sustainable forest management method (later abbreviated as Variation) is: The Method of Variation and the Map System.

2. The basic content of the Method of Variation

a) the necessity;

b) Legal, scientific and practical basis;

c) Natural conditions, economics-societies; land status, forest resources and production results, influential business, impact on the activity of the forest master;

d) General objectives, specific objectives;

The planning of land, forest planning;

e) The operational plan, which includes: protection of the forest; the cultivation of forest restoration, forest nurbreeding, forest enrichment, forest reclamation; forest cultivation; forest cultivation; agricultural production combined; service activities for the community; forestry processing; construction infrastructure; construction of the site. produce and live life; the forest environment service and forest co-management;

g) the solution execution;

) The organization does;

i) the need for capital and capital investment;

l) evaluate the effectiveness of the Variation;

The detailed version of the Variation of the Variation of the Natural Forest follows the instructions in appendix II, for the forest planted in the direction of the appendix III accompanied by this message.

3. System mapping system 1/ 25,000 or 1/ 50,000 in accordance with the Vietnam passport system 2000, including:

a) Map of the forest, showing the content: number, boundaries of the sub-districts and boundaries of forest states;

b) The forest development protection map represents the contents: forest state, forest boundaries with a high conservation value under the prescribed IV appendix IV, issued by this Smart, and the boundaries of each planning area according to the purpose of the business production.

What? 4.

1. The forest owner is responsible for organizing the Variation on the Forest Area, the forestry country delivered by the state, for rent.

2. The Order of the Variation must have a legal status and is allowed to operate in the field of inquiry, forest planning or sustainable forest management.

What? 5. Request for metrics, document using Variation

1. Document: there must be a clear origin and the applicable effect.

2. Figures: be collected, direct or inherit the available data. The inheritance number must be guaranteed: originated, published in a period of two (02) years as of the time of the Variation of the Variation and from the time of publication to the time of the formation of the Variable Variation of the Forest, the Forest, and the School District. There is a variable that must be modified.

What? 6. Forest and land resource investigation

1. The method of inquiry: execution by the regulation of the Ministry of Agriculture and Rural Development and other existing regulations.

2. The scope of the investigation

a) Census of forest resources: the entire area of the forest that has not been investigated or investigated but does not guarantee the regulation requirement at paragraph 2, Article 5 of this Smart;

b) Land inquiry: the entire area expected to grow new forests.

3. Census only

a) For forest resources: determining area; status, reserves of forest types; class of primary forest; the situation of regeneration;

b) For the land investigation: determining the area of the main soils; the packaging of the field; the soil thickness; altitude, slope.

What? 7. Land Use Planning, Forest Planning

1. The planning of land use: identification of area, boundaries, landmarks (moment, sub-districts) agricultural land, forestry, land building infrastructure and other soils.

2. Forest planning: defining area, address (moment, sub-districts) production forests, hedgeal forests, dense forests (if available); forested areas of high conservation value and areas: forest protection, forest restoration, forest breeding, enrichment of forests, and forests. forest, forest reclamation, forest cultivation, forestry extraction, agricultural production combined.

What? 8. Active Planning Content

1. Forest Protection

a) Subject: the whole area of the existing forest and the new forest;

b) The specified designation: area, name (moment, sub-district, township, district) perform annually during the first five years and every five years in both rotation;

c) Measure applies: due to the forest owner self-determination;

d) Demand and source of funding: due to the forest owners self-determination.

2. Khanhe adopts forest, raising forests, enriching forests and reclamation forests

a) Subject and technical measures applicable: implemented by the regulation of the Ministry of Agriculture and Rural Development;

b) The specified indicators: area; place (a moment, subdistrict, township, district) perform annually during the first five-year period and every five-year period in both rotation; wood mass, firewood is likely to take advantage (if any);

c) The demand and source of funding are made: due to the forest master self-determination.

3. Forest Plant

a) Subject to the forested land: the landless land, the reforestation of the forest after the exploitation and the poor natural woodland needs to be able to build the right authority.

b) Identification: area; status (moment, sub-district, township, district) new cultivation, annual care during the first five-year period and every five years in both rotation;

c) The method, the density, the main crop tree:

d) Demand and source of funding: due to the forest owners self-determination.

4. Forest Mining

a) The forest object for the exploitation: for natural forests and in the forest cultivation of the hedge made by the regulation of the Ministry of Agriculture and Rural Development; for the forest of production produced by the forest owners;

b) The specified designation: area, place name (moment, sub-district), the volume of the forest mined; the quantity, the area of the forest storage area, and the length of transport, the transport. The instructions are determined annually during the first five years and each of the five-year periods in both rotation. The volume of wood in the main mining is determined by regulation at the V-issued appendix accompanied by this Information. The volume of logging out of logging is determined by the regulation of the Ministry of Agriculture and Rural Development;

c) Engineering and the extraction method: implementation by the regulation of the Ministry of Agriculture and Rural Development;

d) Demand and source of funding: due to the forest owners self-determination.

5. Agricultural Manufacturing combined

a) The method of production (growing agricultural plants; growing industrial crops; livestock breeding, poultry; aquacal farming or other methods): due to the forest owners self-determination;

b) The specified indicators: area, place name (moment, forest subsection) perform annually during the first five years and every five years in both rotation;

c) Technical measures apply: implemented by the regulation of the Ministry of Agriculture and Rural Development and current regulations;

d) Demand and source of funding: due to the forest owners self-determination.

6. Service activity for the community

a) The types of services (supply of trees, children; fertilizers; food protection; procurement, processing of product consumption or other services): due to the forest owners themselves;

b) Only the number, the number, the type of each type of service that performs annually during the first five years and every five years in both rotation;

c) Demand and funds: due to the forest owners self-determination.

7. The Forest Mode

a) strain of product: due to the forest owner self-determination;

b) The designation specified: location, site of construction of the workshop; volume of raw materials; volume, type of processed product; the number of workers annually in the first five years and every five years in both rotation;

c) Demand and funds: due to the forest owners self-determination.

8. Build up the production infrastructure and life

a) The category, texture of construction works: due to the forest master self-determination in accordance with the needs of the unit on the basis of the rule of law;

b) Specific indicators: the type of work; the scale of quantity, area; the location of construction in each particular year;

c) Demand and funds: due to the forest owners self-determination.

9. Forest Environment Service

a) The Facility defines the types of services: implemented by the regulation of the Government and other existing regulations;

b) The specified indicators: total forest area provides forest environment services; the amount is obtained; plans for use of the money are paid; the forest area is protected from the annual forest environmental service during the first five years and every five years. in the whole of rotation.

10. Forest co

a) The basis of determination: due to the forest owner self-determination on a voluntary basis and consensus between the forest owner and the participating objects;

b) The implementation: by the statute of the Provincial People's Committee, the Central City of the Central Committee (later called the Provincial People's Committee) approved or under the existing regulations of the law;

c) The specified indicators: the number of objects (organizations or numbers) to participate; the expected benefit (money or artifacts) is shared by the forest holder for annual objects in the first five-year period and every five-year period in both rotation;

d) Demand and funds: due to the forest owners self-determination on the basis of a deal with the participants.

What? 9. Evaluation of Variable

1. In economics: Total revenue is achieved; the value of the payment of the state budget and the return returns annually in the first five-year period and the entire period.

2. On the environment: the forested area, the forest cover of the forest achieved annually during the first five years and the entire period.

3. On social security: total employment employment, per capita income; household numbers benefit from the production results, the business of the forest owner; the percentage of poor households; the work is built to use the benefit of the benefit. the people, the local community.

Chapter III

APPRAISAL, APPROVAL AND INSPECTION,

MONITORING EXECUTION

What? 10. The Variation of Variation

1. The Department of Agriculture and Rural Development organised the appraisal of the Variation.

2. The appraisal profile consists of:

a) The text of the proposal to define the Variation of the Forest of the Forest by the template at appendix VI attached to this message;

b) The theory of Variation in accordance with appendix II (for natural forests), appendix III (for the cultivated forest) is accompanied by this message;

c) Map system;

d) The copy of the document, the number of investigators, collected.

3. Preappraisal

a) The forest master sends directly or through the postal one (01) file to the Department of Agriculture and Rural Development;

b) After receiving a request for a request to specify the Variation of the forest master, the Department of Agriculture and Rural Development is responsible for considering the validity of the prescribed profile at paragraph 2 of this Article;

The case case is not valid, in the period of three (03) days of work since the date of receiving the filing, the Department of Agriculture and Rural Development notified by text and sent records to the forest master to complete;

In case of a valid case, the Director of the Department of Agriculture and Rural Development decided to establish the Council for the appraisal. The Council of Judges consists of: Head of the Department of Agriculture and Rural Development as Chairman of the Council; council member is the Chief of the Forest Branch, Chief of the Forest Department, and the department of the department, the related industry, and the Department of Agriculture. Rural development decided;

During the twenty (20) days of work since the date of the receiving of valid records, the Department of Agriculture and Rural Development completed the appraisal of the records and the appraisal of the appraisal for the forest owner.

What? 11. Appropriation

1. The Department of Agriculture and Rural Development approved the Variation.

2. Variable Variation Profile:

a) The proposed text approx the Variation of the Forest Master in the form of the VI appendix accompanied by this message;

b) The Method of Variation;

c) Map system;

d) The reception, the appraisal of the appraisal.

3. Approx

a) The valid case case, in the ten (10) days of work since the date of the receiving of valid records, the Department of Agriculture and Rural Development approved the Variation and returns the fruit to the forest master;

b) The case case is not valid, in the period of three (03) days of work since the date of receiving the filing, the Department of Agriculture and Rural Development informed the owner of the forest; after the forest owner finished the profile at the request, the Agriculture Department and Rural Development approved by regulation at Point A of this paragraph.

What? 12. Check, internal monitoring

1. The forest owner performing active content in the methodology has been approved and self-tested, supervised in the execution process.

2. End of the planning year, forest owners report the Agriculture and Rural Development results of implementing sustainable forest management goals and plans under the number 1 model, appendix VII issued this message.

What? 13. Check, supervision of state agency

1. The Department of Agriculture and Rural Development organizes testing, supervising the implementation of the Sustainable Forest Management Variation.

2. Check, monitor: once a year.

3. Content inspection, monitoring: pursuits, the operational plan is approved in the Variable Variation.

4. Report results report, supervised by model 2, appendix VII issued this message.

5. Process After Test

a) If the forest owner does not fully complete the work content in the approved Variation, the requirement for additional activities is required;

b) If forest owners violate in the area of management, forest protection and forestry management, the Department of Agriculture and Rural Development consider a temporary halt to activities under the decision to approve the Variation for the forest to rectify the breach.

Chapter IV

SUSTAINABLE FOREST MANAGEMENT CERTIFICATE

What? 14. Sustainable forest management certificate

1. The type of sustainable forest management certificate granted

a) Vietnam's sustainable forest management certificate;

b) A certificate of sustainable forest management by the International Organization.

The forest owner voluntarily and decided to choose the type of sustainable forest management certificate (later called the forest certificate) granted.

2. Forest conditions are granted only forest

a) There is a given method of authorship approved by the regulation of this message;

b) fully meet the principles, criteria, indicators in the Ministry of Sustainable Forest Management Principles of Vietnam at appendix I issued with this Smart, or standards, criteria, the sustainable forest management index of international organizations;

c) There is a document offering a forest certificate.

3. The agency ' s condition, the organization is functioning as a forest certificate (later called the Certification Organization) in Vietnam.

a) For the Organization of Certification in the country: an independent agency or organization, legally defined by the Ministry of Agriculture and Rural Development or by the International Commission for Certificate Authority;

b) For the International Certification Organization: it is licensed by the Vietnamese authorities to grant only forest certificate activities on Vietnamese territory.

What? 15. Presentation, forest certificate procedure

1. The forest master offers a certificate of evidence to the Certificate Organization. Accompanying information include: name, address, phone, fax, email, and website of the forest master (if any); the name of the representative; the name (subdistrict, district, district, province) and area of the forest required certificate; type of forest; the annual volume of exploitation; time of offer The evidence.

2. Forest Master and Organization for Contracting Certificates to perform the evaluation and certificate of forest only.

3. The certification organization is only responsible for testing, assessing the response of the forest subject under the regulatory conditions at paragraph 2, Article 14 of this Information. The report results on the crime scene and the evidence for the forest owners.

4. The case is not eligible for a certificate to notify the forest owner, repair; then check, review or reevaluate to provide evidence for the forest master.

5. The duration of the certificate is 05 (year) years.

6. Annual periodically, the Organization for Examination Certificate, evaluation to maintain evidence for the forest master. In unqualified circumstances, the forest owner will be revoked.

Chapter V

THE ORGANIZATION.

What? 16. The responsibility of the state management agency

1. General of Forestry

a) The implementation of the consultation activities to complete the Ministry of Sustainable Forest Management of Vietnam guarantees valid on the International sphere;

b) The Ministry of Agriculture and Rural Development amended, supplematuation of the legal system of law and related regulations in the field of sustainable forest management and forest certificate level;

c) The organization of training, the direction of the establishment, the appraisal, the approval of the method and the forest certificate within the country;

d) Chair examination, proposal for the processing of the development of sustainable forest management and functional forest certificate, assigned tasks.

2. Provincial People ' s Committee

a) directing the sweep, arranging the forestry companies, on that basis identifying the forestry companies that are built in accordance with the Regulation of this Wise;

b) Direcing professional bodies in coordination with the Committee of the People's Committee of the Land of the Land of the Land, the forest, and the lease of the earth, and the forest for the host of the forest, according to the law;

c) Direcing the Department of Agriculture and Rural Development perform the direction of the establishment, appraisal and approval of the Variation for the forested landowners;

d) Command specialized agencies and guide the use of cost funding for the establishment of the Variation and implementation of the sustainable forest management practices of the forested landowners on the provisions of the law.

3. Department of Agriculture and Rural Development

a) The Provincial People's Committee lists the forests of natural forest management forests to be built in accordance with the provisions of this Wise.

b) The guide of the Forest of Variers and the organization to implement sustainable forest management practices, forest certificates under the provisions of this Wise;

c) The organization of the appraisal, the approval of the Variation for the hosts. Held accountable to the Chair of the Provincial People ' s Committee, before the Minister of Agriculture and Rural Development and before the law on the accuracy in approving the Variation of the Methodology;

d) Coordinate with specialized agencies and the District People's Committee in the examination of the implementation of the Variation and the handling of violations by the rule of law;

Each year reported the Provincial People's Committee and the Ministry of Agriculture and Rural Development on the situation and results of the implementation of the Variation and Acute Forest Certification.

4. District People ' s Committee

a) Coordinate with the provincial institutions that organize the land, the forest, and the land, and lease the land, and lease the forest to the forest owners of the forestry business in the jurisdiction of the law;

b) Coordinated with the Department of Agriculture and Rural Development in the identification of natural forest management forestry firms built by the Provincial People's Commission.

c) in coordination with the Department of Agriculture and Rural Development appraisal for the forest owners on the district table; examination, monitoring and processing of the births in the implementation of the Variation of the Arrondissement in accordance with the rule of law;

d) annually reports the Department of Agriculture and Rural Development results implementation of the Variation and Forest Certificate certification on the district table.

5. Social People ' s Committee

a) Monitoring of the use, management of forests and forestry; the protection and development of the forest of the forest master; the presiding officer or proposition of the authority to resolve the land dispute between the landowners on the site by law;

b) Monitoring the implementation of the sustainable forest management practices of forest owners on the site according to the content, plans have defined in the approved method of approval;

c) aggregation, report of the Arrondissement Committee on the results of implementation, the entanging, which exists in sustainable forest management activity and forest certificates of forest hosts on the site.

What? 17. Forest master.

1. The organization of the Organization of Variation and implementation of the right content, the planning progress in the approved Variation.

2. Regular self-organization monitoring, evaluation of sustainable forest management activities has been approved.

3. Make the right content of the responsibility of the forest owner stipulated at this message.

What? 18. The responsibility of the Forest Certificate Organization

1. Accept the correct law of Vietnam in the process of evaluating and granting forest certificates to the forest hosts.

2. Take charge of the quality, results of the forest certificate level for the forest hosts; report results made when required by authorities.

What? 19. Terms of execution

1. The forest master has been approved the Variable Variation of the Variable Content in accordance with the Methodology Guidelines; the case is approved; the case is not suitable, the forest is sweeping, complements, resetting the Variation to the appraisal, approx. In accordance with Article 10, 11 of this.

2. The forested landowners are allowed to exploit natural forests that must build a natural forest logging plan in the Variable Variation, other forested subjects are not required.

3. This message is effective from 20 December 2014.

4. In the course of execution if there is an entangrium, the local, unit reflects on the Ministry of Agriculture and Rural Development for consideration, timely processing.

KT. MINISTER.
Chief.

(signed)

Hà jun Tuan