Circular 20/2012/tt-Bnnptnt: A Guide To The Order Acceptance Procedure For The Payment Of Money To Pay For Environmental Services Of Forests

Original Language Title: Thông tư 20/2012/TT-BNNPTNT: Hướng dẫn trình tự thủ tục nghiệm thu thanh toán tiền chi trả dịch vụ môi trường rừng

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Pursuant to the law to protect and develop forests on December 3, 2004;

Pursuant to Decree 1/2008/ND-CP of March 1, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development; Decree No. 75/2009/ND-CP dated 10 Sep 2009 by Government to modify article 3 of Decree 1/2008/ND-CP of March 1, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;

Pursuant to Decree No. 99/2010/ND-CP dated 24/9/2010 of the Government on the policy to pay for environmental services of forests;

Proposal of the General Director of the Forestry Bureau and Director of the legislation;

The Minister of agriculture and rural development issued the circular order acceptance procedure for the payment of money to pay for environmental services of forests.

Article 1. Scope and objects 1. Adjustment range a) this circular guidelines procedures for collecting payment for forest environmental services paid for indirect expenses under the provisions of Decree No. 99/2010/ND-CP dated 24/9/2010 of the Government on the policy to pay for environmental services of forests.

b) for cases to pay for environmental services of forests in the form of directly then the parties themselves agree on the order and procedure for collecting payment pays the environmental services of forests and encourage the parties to apply this regulation.

2. Objects: the organizations and individuals involved in collecting payment for forest environmental service payments.

Article 2. Regulations on forest protection test service provision environment ' 1. The base to conduct trials a) plans to pay for environmental services of forests is the approval authority.

b) where the forest is the organization also based at point a, paragraph 2 this should have more: records of the current state of the forest (figures, maps) are updated at the time of implementation of the policy to pay for environmental services of forests.

Private forest owners are held for the State; the organization is not the forest but was put in charge of forest management should be more: stock forest protection contracts between forest owners with households received the Securities Commission's certified-level people's communes.

2. The audience should experience a) forest is personal, household, rural-residential community.

b) forest is organized State and households receive securities; the organization is not the forest but was put in charge of forest management.

c) forest is the economic organization, held a career not by the State.

3. a collecting agency) for forest owners is held and the organization is not the forest but was put in charge of forest management: provincial people's Committee entrusted the Department of agriculture and rural development the Organization clue do trials, reviews the number and quality of the forest and the forest owner for validation.

b) for forest owners is personal, household, rural-residential community is the Ranger District level are the provincial people's Committee tasked to perform the test according to the Commission's proposal the people at district level or the Department of agriculture and rural development (for the case of Nuts foresters responsible local management multiple district).

4. content experience collects a) trials on an area of the forest-forest area with no impact or affected but are still eligible to provide environmental services of forests: are trials meet the requirements and be paid 100% of the value.

-For an area of disturbed forests (including mining, overharvesting, invasion, fire, turning the purpose of unauthorised use, damage due to unforeseen natural disasters ...), no longer capable of providing environmental services of forests: the experience unsatisfactory and not be paid.

-Payment of forest is identified through the minutes of trials results provide environmental services of forests according to the attached schedule side of this circular.

b) testing of the quality of the forest: redefine the coefficient K in case of need, by collecting agency decisions.

c) for forest owners is the State Organization made the stocks to protect forests, in the case of forest owners are unified with the households receive securities about applying the coefficient K: testing content made in accordance with decision No. 12/2005/QD-BNN on 24/01/2005, amended and supplemented in decision No. 59/2007/QD-BNN on 19/6/2007 of the Ministry of agriculture and agricultural development Hamlet about regulation trials plantation, farming promoting regeneration of the forest, taking care of the forest planting, forest protection, restoration of natural forest farming and text modification, Supplement instead.

d) determining the eligibility of forest provides environmental services of forests is applied as specified in circular No. 34/2009/TT-BNNPTNT on 10/6/2009 of the Ministry of agriculture and rural development regulation defines the criteria and classification of forest and the text amended and supplemented , instead.

5. The method of conducting the trials a) for forest owner's organization, the organization is not the forest but was put in charge of forest management: check for a minimum of 10% of the supply of forest environmental services of forests, forest owners against the record of the current state of the forest , determine the rate of implementation of items by monitoring or direct measurements.

b) for forest owners is households, individuals, communities and villages: in case of performing experience, check out 100% of forest environmental services of forests, forest owners against the record of the current state of the forest, determine the rate of implementation by monitoring or direct measurements section.

6. Costs for the start-up of the units involved was the balance in the Fund's management costs protect and develop provincial forest.

Article 3. Trials for the forest owner's household, personal, rural-residential community 1. Results of forest protection for the forest owner's household, personal, rural population by Nuts foresters confirmed on the basis of test results, General forest area pay of forest environmental services level. Only perform the check, at the scene in case of need.

2. The steps to conducting a) step 1. Before 15 November, plans to set up forest declarations results protect forests provide environmental services of forests sent Major General hamlet.

Rural Chief publicly list table and an area of the forest to pay environmental services of forests of the forest owners in the rural community or convenient public place for people to track.

In case the recommendations of individual households, rural communities, rural Leader is responsible for reviewing the settlement. The case is not resolved, the Minister responsible for rural people Committee report social settlement.

Before November 30, head of the village send aggregate tables and list of forest service forest environment payments of the forest accompany the recommendations of individual households, rural-residential community (in this case not handled) on the social people's Committee.

b) step 2. Ago on December 15, the people's Committee of social responsibility to check, General of forest environmental services pay the whole forest commune, send level Ranger Beads.

In case the recommendations of household, personal, rural, community-level people's committees of communes along the rural Chiefs are responsible for considering the resolution. In case not resolved, the people's Committee of social transfer profile (including recommendations of households, individuals, communities and the minutes processing) about Nuts foresters.

c) step 3. Before 31/12 Nuts foresters synthesis of forest environmental services pay the whole forest district.

d) step 4. Before January 15/2 year after year plan, nuts foresters complete the confirmation, scheduled trials results General forest protection to pay environmental services of forests, sending Funds to protect and develop provincial forest as the basis of payments mandated payments for environmental services of forests in the plan.

In the case of petitions of the household, personal, community and country in the case of the other Ranger Beads required coordinated with relevant units to conduct testing, testing.

Article 4. Trials for the forest owner is the State Organization, the organization is not the forest but was put in charge of State forest management 1. The steps to conducting a) step 1. Forest owners make trials for households to receive securities.

b) step 2. General test results according to the form prescribed in decision No. 12/2005/QD-BNN and decision 59/2007/QD-BNN for the delivery of securities; schedule the General area of the forest by forest protection management organization itself; Send acceptance authority before 31/12-year plan.

c) step 3. Agency experience make trials, General, announced results for test development and forest protection Fund provincial level before June 15/2 years after the year of the plan as a basis for the payment of money trusts to pay for environmental services of forests in plans for the forest owner and the organization is not the forest but was put in charge of forest management.

2. Component testing: testing agency decisions.

Article 5. Trials for the forest owner is held not in State 1. The steps to conducting a) step 1. In the case of forest owners signed forest protection or contract/agreement, linked to individual households, communities and villages, forest owners make trials under the contract/agreement signed.

b) step 2. Forest owners schedule the sum paid of forest environmental services of forests forest owners send acceptance authority before 31/12-year plan.

c) step 3. Agency experience make trials, General, announced results for test development and forest protection Fund provincial level before June 15/2 years after the year of the plan as the basis of fiduciary money payment to pay environmental services of forests for forest owners.

2. Component testing: testing agency decisions.

Article 6. The Organization perform trials 1. The Department of agriculture and rural development is responsible for prescribing the form, System testing, including: declarations results protect forests provide environmental services of forests, in the form of synthetic test results as a basis for general consistency in the application of the whole province.


2. acceptance Agency conducted trials, tests, reviews the current state of forests; determine the coefficient K of the forest plots for forest owners to pay the money to pay for environmental services of forests.

3. local Rangers help staff Social Committee implemented checks, General forest area to pay environmental services of forests in the whole commune.

Article 7. Effect 1. This circular has the effect after 45 days from the date of signing.

2. During the implementation process if there are obstacles, suggest individual organizations concerned timely reflection of the Ministry of agriculture and rural development (through the General Directorate of forestry) to research, resolve./.