Circular 51/2012/tt-Bnnptnt: A Guide To Perform The Duty To Protect And Develop Forests Defined In Decision No. 57/qd-Ttg On 04/01/2011 By The Prime

Original Language Title: Thông tư 51/2012/TT-BNNPTNT: Hướng dẫn thực hiện nhiệm vụ bảo vệ và phát triển rừng quy định tại Quyết định số 57/QĐ-TTg ngày 09/01/2012 của Thủ tướng Chính phủ

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CIRCULAR Guide to perform the task of protecting and developing forest specified in decision No. 57/QD-TTg on 04/01/2011 Prime's _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law to protect and develop forests in 2004;
Pursuant to Decree No. 01/2008/ND-CP on January 28, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development; Decree No. 75/2009/ND-CP on 10/9/2009 by Government to modify article 3 of Decree 1/2008/ND-CP;
Pursuant to Decree No. 23/2006/ND-CP dated 3 March 2006 from the Government about the implementation of the law on the protection and development of forests;
Pursuant to decision No. 57/QD-TTg on 04/01/2011 by the Prime Minister approving the plan to protect and develop the forest period 2011-2020;
Proposal of the General Director of the Forestry Bureau;
The Ministry of agriculture and rural development, guide the task to protect and develop forests as defined in decision No 57/QD-TTg on 04/01/2011 by the Prime Minister approving the plan to protect and develop Forests 2011-2020 period as follows: article 1. Scope, application object 1. This circular instruction performs the task of protecting and developing forest specified in decision No. 57/QD-TTg on 04/01/2011 by the Prime Minister approving the plan to protect and develop the forest period 2011-2020.
2. The agencies, organizations, individuals, households and communities related to the implementation of the mission plans to protect and develop the forest period 2011-2020.
Article 2. Perform the task of protecting the forest special purpose 1. The forest owner is special-purpose forest management Committee is responsible for planning the management of the forest protection authority for approval; forest protection force organization, lease forest protection under a plan to be approved by the authority.
State funding forest protection management from funds for special-purpose forest management as defined in decision No 24/2012/QD-TTg on 1/6/2011 by the Prime Minister on the development of forest policy for the period 2011-2020 and the current rules of the State.
2. the forest Owner is the State Organization for forest landscape business to hire, holiday resorts, eco-tourism-environment; scientific research institutions, forestry vocational training by the State forest management interface, special-purpose forest protection organization itself was delivered, for rent.
Article 3. The task of developing the forest special purpose 1. Planning base protection, sustainable development, special-purpose forests, forest land for special purpose needs restoration apply the following measures: a) farming promotion of natural regeneration fits with the ability to regenerate and the natural world.
b) farming promotion of regeneration has not made additional plantings in strictly protected areas.
c) afforestation is just done in the plant collector's Garden; the area has no natural resilience in ecological recovery areas, administrative-services sector of the National Park, nature reserve; landscape protection area; experimental study of forest science.
2. forest plants of special purpose is to plant native plants natural distribution in the eco region in accordance with the ecosystem of the forest special purpose. The case, due to the location setting can not be immediately planted native tree species, planted the plants grow fast, soil improvement before a cycle or with indigenous crops.
Planning base protection, sustainable development, special-purpose forests, green forest fire on the ice covered, the banks of the channel combined with the economic benefits, the environment was growing the plants suitable for the purpose of fire, forest fire.
Article 4. Stable and residential arrangements in the forests for The stability and the sort of special-purpose forests follow each project are the Ministry of agriculture and rural development or the people's committees of provinces and cities under central (hereafter abbreviated to provincial PEOPLE'S COMMITTEE) for approval.
Article 5. Mission protective forest protection 1. Home of the forest is forest management protective forest protection organizations or securities protect forests for household, personal, rural, community of residence, armed units stationed in the area. Equity priority forest protection for ethnic minorities in place in the area of poor districts as stipulated in resolution No. 30 ª/2008/NQ-CP on December 27, 2008 by the Government on poverty reduction support programs fast and sustainable.
State funding for forest protection on the stock of forest protective region in danger of losing the high forests and not have the revenue from forests.
2. for forest area, scattering small household rooms (under 500 ha), Department of agriculture and rural development of your organization, forest, forest rental for individual institutions, the community according to the provisions of the State; in which the priority for the communities, households and individuals, institutions are getting stock on forest protection in that area.
The State provided only stock funds forest protection protective for objects defined in resolution No. 30 ª/2008/NQ-CP on December 27, 2008.
3. protective forest area by the village management: Chairman commune, the competent authority approval, lease forests for the Organization, individuals, households and communities as specified in circular No. 38/2007/TT-BKHCN on 25/4/2007 of the Ministry of agriculture and rural development of sequence delivery procedures, forest, forest rental. The place could not be delivered, then the PEOPLE'S COMMITTEE of rental management organisations, social protection as defined in decision No. 07/2012/QĐ-TTg dated 08/02/2012 and decision 57/QD-TTg on 04/01/2011 by the Prime Minister.
Article 6. The task of developing the forest guard 1. Base protection planning, development, forest land forest protective need restoration apply the following measures: a) for land not yet there but forest forest restoration can then perform farming measures promoting natural regeneration. Depending on the ability of regeneration of the forests that make farming measures promoting natural regeneration or planted supplemented by valuable tree species in the room apartments combine multiple effects, including trees outside forest products timber.
Most of the time made farming, owner of organization reviews the results and putting area has forests on management and protection under the guidance of the Ministry of agriculture and rural development.
Forest restoration engineering solutions by tending naturally follow the rules the provisional technical solution b. apply to the production of wood and bamboo forests of various species (QPN 14-92) attached to decision No 200/QD-KT on 31/3/1993 of the Ministry of forestry (now the Ministry of agriculture and rural development); forest restoration by farming promotion of regeneration associated additional plantings done under delegated QPN 21-1998 attached to decision No 175/1998/QD-BNN/S & T on 04/11/1998 of the Ministry of agriculture and rural development.
b new forest Planting) protective cover those areas cannot recover the forest by farming. Protective reforestation priorities against the sand, forests, coastal wave protective shield Lakes dams, hydropower, irrigation works and protective border combined with slash conversion methods.
2. Species of crops and afforestation methods room households follow the text of 1992/BNN-LN on 11/7/2008 of the Ministry of agriculture and rural development to guide the technical method of planting protective forest project 661. Encourage planting of native tree species, tree works the room apartments, most adverse effects associated with economic benefits for the people.
Article 7. Perform the task of protecting the forest state forest production, forest rental self hosted his forest protection. Special cases, production forests is poor forest, the border region has not had its benefits from the forest or jungle produce natural forests have rich reserves, average but are closed forest in poor districts as stipulated in resolution No. 30 ª/2008/NQ-CP on December 27, 2008, the Government's provincial people's Committee decided the funding forest protection from local books.
Article 8. The task of developing the forest produces 1. The State encourages organizations and individuals of all economic sectors to invest in production, reforestation planting of forest raw materials associated with processing facilities; use national varieties and technical progress are recognized; application of high technology in the production of seedlings, intensive reforestation to enhance the productivity and quality of forest planting; implement technical measures trimmed ladies, nurturing, converting small wood production forest to the large wood increase the value of plantation products.
2. organizations, households, individuals, domestic residential community planting new forest produce are considered support as defined in decision No 147/2007/QD-TTg dated 10/9/2007 by the Prime Minister on some of the development of forest production period 2007-2015; Decision No. 66/2011/QD-TTg on 04/12/2011 of the Prime on the revision, addition of some articles of the decision No 147/2007/QD-TTg.
3. With regard to the production forest is the forest poor natural masterpieces are not likely to recover, then renovate the planting of tree species to replace high-value according to the regulations of the Ministry of agriculture and rural development.
4. follow the forest plant seeds regulations forest plant seeds attached to decision No 89/2005/QD-BNN on December 29, 2005 of the Minister of agriculture and rural development.
Article 9. Forest fire prevention 1. The investments for the prevention of forest fires undertaken in accordance with circular No. 62/2005/TTLB-BTC-BNN & RURAL DEVELOPMENT on 04/8/2005 of the Ministry of finance and the Ministry of agriculture and rural development on estimating, management and use of funds for fire prevention forest fire, including: a) advocacy activities; training; crawl Hydrometeorogical; construction levels forecast to legal processes, forest fires, the fire plan, forest fire; identify the key forest fires on a map and on field; forest fire drill; the application of scientific and technological progress of the fire, forest fire.

b) stores the media equipment; runway construction barriers, fire barriers, channels and ditches, pools of water reserve guard towers, the station wildfire forecasting and forest fire forecasting network from the central to the base.
c) room fires; costs for participants being forest fire accidents; training for participants in the forest fire.
d) fuel (gasoline, oil), repair, compensation for damage when vehicles, equipment is mobilized to a forest fire.
2. individual organizations are mobilizing to prevent unauthorized forest felling, forest fire fire protection according to the regulations of the Ministry of agriculture and rural development and finance management mode instructions, using State budget funds granted to Ranger body activity levels.
3. Perform the same forest management mechanisms and policies for forest protection force at the base made in accordance with decision No. 07/2012/QĐ-TTg dated 8/02/2012 of the Prime Minister.
Article 10. The scattered trees growing 1. Pursuant to the plan of the scattered tree planting, the locally hosted activities to promote and improve the efficiency of distributed tree planting movement, "planting trees for Tet".
2. The institutions, households and individuals in the country with scattered tree planting activities are supported as defined in decision No 147/2007/QD-TTg dated 10/9/2007 by the Prime Minister on some of the development of forest production period 2007-2015; Decision No. 66/2011/QD-TTg on 04/12/2011 of the Prime on the revision, addition of some articles of the decision No 147/2007/QD-TTg. Article 11. Development of forestry plants 1. Forest tree seed sources include building construction forest breeds, like gardens, gardens top of the line, converted from natural forest or plantations into forest seed, set in the recruitment section of forest, selective tree saplings to Excel until the transfer test.
2. construction techniques like forest and garden seed follow rules 15-93; construction technology of forest seed metabolism follow rules 16-93 attached to decision No 804/QD-KT on 02/11/1993 of the Ministry of forestry (now the Ministry of agriculture and rural development).
3. standard nursery seedlings of forestry follow industry standards 4-BC-52-2002 attached to decision No 3664/QD-BNN-S & T on 03/10/2002 of the Ministry of agriculture and rural development.
4. Investment projects to build the same source as the current regulations applied by the State for forestry projects.
Article 12. Infrastructure investment serves to protect and develop forests 1. Construction, upgrading of forest protection stations (including the extra work and clean water); the process of pesticide damage forests, forest fire prevention.
2. Construction, upgrading, nursery garden varieties, like forest, forest-like metabolism: local organizations build project source tree and forestry varieties; before the approval of the people's Committee, the scheme must be the Ministry of agriculture and rural development evaluation.
3. Construction, upgrading the system of forestry project was approved by the authority.
4. The process of building small scale infrastructure (under 150 million/works) according to technical design and estimation Agency approved investment decisions.
The case of the total investment of the project to build the infrastructure specified in item 1, 2, 3, 4 of this greater than 10% of the total investment for each project, then the difference is added from the source to the local budget and by the provincial PEOPLE'S COMMITTEE decision.
Article 13. Reviewing, planning, plan development and forest protection 1. Review, determine the status of forest land use and forest cover in the forest management of special purpose, protective, for forestry companies, military units, the economic component, the household and of the village are managed. On that basis, conduct forest land allocation, land rental, rent jungle to jungle have real owners.
2. The planning and management of the Princess Ray area, ensure the maintenance of stable cultivation area for minorities; review the specific classification, statistical methods turns to land in an area of reforestation and forest production; on that basis, construction projects support the fellow lady Ray conversion to plantations.
3. Development of processing industry and trade in forest products associated with reviewing and construction of industrial raw material forest plantation region focus, develop the production village, processing small and medium scale forest products.
4. sequence of construction, approval and management of project planning, the plan to protect and develop forests perform as specified in circular No. 05/2008/TT-BKHCN on January 14, 2008 by the Minister of agriculture and rural development planning guide, planning development and forest protection.
The State budget ensures that planning and development and protection plan of the forest according to the approved project in accordance with the Ministry of agriculture and rural development.
Article 14. Affairs, forest rental 1. The provincial people's Committee of your delivery organization, forest rental guarantee all local forest area has a specific management server, basically complete the work assigned the lease associated with forest, forestry and land rental certificates of land use in 2015. The forest area has not had certification conditions land use, then proceed to the forest use rights before delivery, there are records management and regulations of use prescribed by law.
2. The area of the forest by the people's Committee of social management and forest area by the forest management, forestry companies inefficient management or right for households, institutions, individuals, communities, businesses hired to manage, protect and develop forests.
3. The procedure of delivery of the forest, forest attached to land rental, leasing land and forestry, the certification made according to circular No. 07/2011/TTLT-BNNPTNT-BTNMT on 29/01/2011 by Ministry of agriculture and rural development and the Ministry of natural resources and the environment guide some content about the forest , rent associated with forest land, forest land rental.
4. The State budget ensures funding to perform the delivery of the forest, the forest.
Article 15. Follow forest resources 1. Done follow the forest, forest land under the provisions of Directive No. 32/2000/CT-bkhcn KL on 27/3/2000 of the Minister of agriculture and rural development; Decision No 78/2002/QD-BNN-KL on 28/2/2002 of the Ministry of agriculture and rural development on the issued technical follow forest and forest land in the Rangers and the current rules of the Ministry of agriculture and rural development.
2. Funding for activities follow the forest follow the regulations of the Ministry of agriculture and rural development in circular No. 102/2000/TT-bkhcn KL estimating guide for projects follow the forest and forest land; Decision No. 490/QD-BNN-TCCB on 26/2/2007 labor norms issued in investigation, forest planning and other existing regulations.
Article 16. Identify the boundary demarcation, 3 types of forest 1. Bases the decision on approval of your results, review planning 3 forest types define the boundaries of forest type 3 as specified in Directive No. 38/2005/CT-TTg on 04/12/2005 by the Prime Minister. Contents determine the boundaries, boundary way rules made under the provisions of decision No. 3013/1997/QD-BNN & RURAL DEVELOPMENT on 20/11/1997 of the Minister of agriculture and rural development. Just pile the mold in areas where boundaries are unclear, prone to dispute.
2. The State budget investment for the State forest to the landmark pile of special purpose forests, forest.
Article 17. Effect 1. This circular has effect from the date of 05/12/2012.
2. The legal texts are cited in this circular, as amended and supplemented, replaced by regulations of the State shall comply with the revised text, Supplement, replace it.
3. During implementation of this circular, if entangled bodies, units reflect in writing on the Ministry of agriculture and rural development to consider, resolve./.