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Circular 25/2011/tt-Bnnptnt: Modify, Supplement, Abolish Some Regulations On Administrative Procedures In The Field Of The Protection And Development Of Forests According To Resolution No. 57/nq-Cp On December 15, 2010

Original Language Title: Thông tư 25/2011/TT-BNNPTNT: Sửa đổi, bổ sung, bãi bỏ một số quy định về thủ tục hành chính trong lĩnh vực bảo vệ và phát triển rừng theo Nghị quyết số 57/NQ-CP ngày 15 tháng 12 năm 2010

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CIRCULAR additional amendments, repeal some regulations on administrative procedures in the field of the protection and development of forests according to resolution No. 57/NQ-CP on December 15, 2010 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 01/2008/ND-CP dated 9 January 2008 Government's functions and missions , powers and organizational structure of the Ministry of agriculture and rural development; Decree No. 75/2009/ND-CP on February 10, 2009 by the Government on the amendment of article 3, Decree No. 01/2008/ND-CP dated 9 January 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
Pursuant resolution No. 57/NQ-CP on December 15, 2010 by the Government on the simplification of administrative procedures in the scope of the management function of the Ministry of agriculture and rural development;
The Ministry of agriculture and rural development modification, Supplement, abolish some regulations on administrative procedures in the field of the protection and development of forests according to resolution No. 57/NQ-CP on December 15, 2010 is as follows: article 1. The procedure of registration of breeding farms, growing common wild animals 1. Registration requirements a) barn, farm match the characteristics of the species breeding and the production capacity of the farm.
b) ensure safe for pets and people in the region, the disease safety and sanitation regulations.
c) pet clear origin.
d) where animals are the source of imports (not distributed in Vietnam) must be confirmed in writing by the Agency science CITES Vietnam is bringing that species does not affect other animal species and ecosystems in the country.
2. Order registration procedure breeding farms, livestock farms growing conventional Wildlife: a) individual organizations filed directly or by post 1 to FPD in the province. Farm registration records include: paper proposal registered breeding farms, foster farms growing conventional wildlife (Appendix 1 attached to this circular);
b) invalid records cases, within 3 working days of the FPD must notify the Organization, the individual recommendations to improve the record;
c) within 7 working days of receipt of a valid profile, FPD province must complete the evaluation and certification of breeding farms, foster farms grow wild animals (Appendix 2 attached to this circular) and notified in writing to the CITES Management Authority of information , registered to post results, management on the Website.
During the appraisal, the FPD is responsible for obtaining the opinion of the relevant professional body or the Vietnam CITES Scientific Authority.
Article 2. Paragraph 4 supplements article 9 regulations and close the article tree hammer, hammer Rangers issued together with decision No. 44/2006/QD-BNN on 01 June 2006 of the Ministry of agriculture and rural development "article 9. Regulations on hammer Rangers closed 4. Procedure to seal hammer wood or forest Rangers filed 2 record to play at Rangers hammer Rangers. The records include: referral by the agency governing the applicants proposed hammer Rangers; Biographies of wood by wood or forest owners; The proof of the origin of wood.
 The Rangers were given the task of closing the checks Rangers hammer records, if the profile was not enough, the wood or forest owner's Guide supplement complete profile within 2 working days. Within 10 working days from receipt of valid, the Rangers have to conduct verification of the object, the source of wood as specified in paragraph 2, and article 7 paragraph 1, 2, 3, 4 Article 8 regulations and close the article tree hammer, hammer Rangers accompanied the decision No. 44/2006/QD-BNN and article 1 decision No 107/2007/QD-BNN on December 31, 2007 on the additional amendments to decision No. 44/2006/QD-BNN of the Minister of agriculture and rural development and close the hammer Rangers ".
Article 3. Amendments and supplements to some articles circular No. 38/2007/TT-BKHCN on April 25, 2007 of the Ministry of agriculture and rural development on the guidelines, the procedure of delivery of the forest, a forest, a forest recovery rental for organizations, households, individuals and rural communities 1. Point b paragraph 4 section II be amended and supplemented as follows: "4. The order and procedure of assigning forests for household, personal b) step 2: receive and review of single-household, personal applicant suggested assigning the forest in the countryside or in people's Social Committee (Appendix 3 attached to this circular).
-The people's Committee of social responsibility: + Guide for plenary represent rural households of the country review suggested the people's Committee and social schemes and adjust the delivery approach of the forest for every household in the country scope;
+ The Council of direction delivered about assessment Township of forest condition forest interface households, individuals have assigned form the forest people Committee report.
Testing the expected forest delivered to households and individuals to ensure the delivery of the forest base conditions in accordance with the law; Woods delivered no dispute;
+ Validate and transfer of single households, individuals to function advised the people's committees at district level management of the forestry sector (hereafter abbreviated as district level authorities).
Duration of step 2 is 15 working days after the Committee received town of households and individuals ".
2. Point a, b paragraph 5 section II be amended and supplemented as follows: "5. The order and delivery procedures for rural residential community forest a) step 1: preparations-as for assigning forests for household, personal guidance in paragraph 2 and point a of paragraph 4 section II circular No. 38/2007/TT-BKHCN.
-Rural community rural meeting to unify the following principal issues: + single-State proposal through delivery of the forest for rural communities;
+ Through a forest management plan after the State of affairs of the forest, forest management plans due to rural communities;
+ Rural residential meetings must have at least 70% of the households allocated forest proposal unanimously.
b) step 2: get the profile and the profile review-rural community, filed 12 record-level people's committees at the commune, the records include: + petition signing country representative-forest interface (Appendix 4 attached to this circular);
+ Forest management plans due to rural residential community along the border through rural community Edition.
-Social people Committee after receiving the profile of rural residential community is responsible for steering the Council Affairs + of forest assessment township on terms for community forest people Committee report social;
+ Testing forests expected delivery to the rural population to ensure the delivery of the forest base conditions in accordance with the law;
+ Validate and transfer of rural population to the district level authorities.
Execution time step 2 is 15 working days after receipt of the rural population.
3. Clause 6 section II be amended and supplemented as follows: "6. The procedures for forest Affairs held a) step 1: prepare-made according to the provisions in clause 2 section II circular No. 38/2007/TT-BKHCN.
-Review of forestry land in the agricultural, forestry, have delivered the land back for local delivery to give people rest established procedures to conduct new ground level.
-The Department of agriculture and rural development is responsible for long-range missions to track the entire forest area and the land was planned for forestry and forest area public Gazette, forest land not yet delivered, not yet out of office rental Department of agriculture and rural development.
b) step 2: filing the organization wishing to use the Woods filed 12 record at the Department of agriculture and rural development, records including:-forest interface application (Appendix 5 attached to this circular);
-The decision to establish the organization or business registration license (copies carry the originals to reference in the case of direct filing; certified copies or certified in case of filing by post);
-Investment projects in the forest.
c) step 3: evaluation and complete records after receiving the proposal, the Department of agriculture and forest allocation for rural development is responsible for:-specify the profile consultancy unit determined boundaries, area, State, the value of the forest;
-Publicly on a number of mass media at the Organization of the local needs are assigned the forest has about the submission to be assigned the forest, the forest of the proposal and receive the feedback of society;
-Chairing the appraisal records delivered by the forest Advisory Unit and the conditions of delivery of the forest; the viability of investment projects in the jungle of the Organization;
-Establish, the provincial people's Committee approved plans to auction the rights to use the forest in case of organization, assigned the forest there collect money using the forest according to the method of auction;
-Sending of records relevant to the forest to the tax authorities to determine financial obligations (if any);
-Set up a profile for the organisation forest communication people Committee.
3-step execution time including the time announcements, listing and appraisal record is 30 working days from the receipt of the organization.
d) step 4: review, decisions of the forest after getting the records delivered forests for organizing the provincial people's Committee has the responsibility to: + review, signed the decisions on forest for the Organization (Appendix 4 attached to circular No. 38/2007/TT-BKHCN);
+ Direction and organization of the auction money to use the forest in case of tenders;
+ Transfer decisions on forest for the Organization and the Department of agriculture and rural development.
Duration 4 step is 2 working days.
DD) step 5: implementation of decisions of the forest, the forest.
-The Department of agriculture and rural development after receiving the decision from the provincial people's Committee, is responsible for: + announcements for the Organization made financial obligations (if any);
+ Host and coordinate with district-level people's committees implement the delivery of forests for the organization with the participation of the people's Committee of social level, function rooms, the adjacent forest owners; set the minutes handed the forest with the Organization, individuals (Appendix 5 attached to circular No. 38/2007/TT-BKHCN);

-After receiving the Woods in the field, the Department of agriculture and rural development guide held responsible for milestones assigned forest close to have the witness of representatives of people's committees and township levels the forest shares the border (annex 6 attached to circular No. 38/2007/TT-BKHCN).
In the process of implementing the steps above work, when the records to the Agency, the agency that has the responsibility to review and additions to the forest communication profile the work of each step until the completion of the delivery of the forest; If the organization does not qualify to be assigned the forest agency receipt to return the records to the agency sent a clear message and reason about the organization that was not delivered. 5 step execution time is 3 working days (from the date of completion of the financial obligation of the Organization).
4. Clause 2 section III be amended and supplemented as follows: "2. The procedures for forest rental households, individual a) step 1: prepare the implementation as defined in art. 4 item II, circular No. 38/2007/TT-BKHCN (sequence, procedure for assigning forests for household, personal).
b) step 2: single and single review reception-households and individuals filed 1 to people's Social Committee, records include: recommended Single Forest rental + (annex 6 attached to this circular);
+ Forest use plan (Appendix 7 attached to this circular).
-The reception and a single review is carried out according to the provisions in clause 1 of this article.
Duration of step 2 is 15 working days.
c) step 3: evaluation and improve the profile-follow specified in point c paragraph 4 section II circular No. 38/2007/TT-BKHCN (sequence, procedure for assigning forests for household, personal).
-The authorities responsible for district level functions: + chaired the appraisal the feasibility of plans to use the forest of households, individuals recommended to hire a forest;
+ Establishment of the people's committees, district level plans to auction the rights to use the forest (in the Woods, rent if there are many of the same proposals on the same forest rental locations);
+ Send 1 record related to the forest to the tax authorities to determine financial obligations (if any).
Duration of step 3 is 15 working days ".
5. Paragraph 3 section III be amended and supplemented as follows: "3. The procedures for the organisation forest rental a) step 1: prepare the preparations done as specified in paragraph 3 of this article.
b) step 2: filing the organization wishing to use the Woods filed 01 to the Department of agriculture and rural development. The records include:-forest rental form (Appendix 8 attached to this circular);
-The decision to establish the organization or business registration license (copies carry the originals to reference in the case of direct filing; certified copies or certified in case of filing by post);
-Investment projects in the forest.
c) step 3: evaluation and complete records after receiving the proposal, the Department of agriculture and forest rental rural development is responsible for:-public disclosure on the mass media in the local organizations in need be submitted forest rental reviews for the forest to be hired proposed forest locations, was hired and receive the feedback of society;
-Implementation and evaluation of records under the provisions of paragraph 3 of this article;
-Hosted by forest rental records appraisal consultants set up and the conditions of rent of forest; the viability of investment projects in the jungle of the Organization;
-Establish, the provincial people's Committee plans to auction the rights to use the forest (by forest rent, if there are two or more organizations together suggest hired Woods on the forest);
-Organized auction.
This step execution time is 30 days.
d) step 4: review, decided to rent the forest after getting the records of the Department of agriculture and rural development, the provincial people's Committee has the responsibility to: + review and sign the lease decision forest for the Organization (Appendix 4 attached to circular No. 38/2007/TT-BKHCN);
+ Forest rental decision to Transfer the Organization and Department of agriculture and rural development.
Duration 4 step is 5 working days.
6. Paragraph 3 section IV be amended and supplemented as follows: "3. The forest recovery procedures for the cases specified in point c and a d clause 1 Article 26 of law protect and develop forest a) case to revoke the Organization's State forest allocated forest does not collect money using the jungle or forest was given the charge to use the forest in which it originated from the State budget or annual rental paid forest rental now move, proposed reducing the area of forest or no forest use; forest owners to voluntarily return the forest as follows: step 1: send a text about the return of the forest when the move or not wishing to use the forest, the forest owner is responsible for sending the text return the enclosed decision forest forest forest rental, delivery or the forest use rights certificates recorded on the land use right certificates for the following State agencies :-Master of the forest is held in the country, the Vietnam overseas residents to send text to the provincial people's Committee;
-Forest Owner's household, personal, rural-residential community to send text to the people's committees at district level.
Step 2: text processing after receiving the returned text of the forest owners, forest people Committee, provincial-level people's committees are responsible for reviewing and assigned responsibility for the Department of agriculture and rural development, the Agency can function at district level, directing forest characteristics verification when necessary; during the 15 working days the same level people's Committee decision on the recovery of the forest.
Step 3: decide to recover the forest-during the 5 working days, the provincial people's Committee to review, sign and send the revocation decision forest for forest owners is held in the country, Vietnam people settled abroad, foreign individuals, organizations to the Department of agriculture and rural development. The people's committees, district level.
-During the 5 working days, district-level people's committees to review, sign and send the revocation decision forest for forest owners is households, individuals, communities and villages to function, social people's Committee.
-Provincial people's committees and the people's committees at district level directs the identification and handling of the value of forest owners have invested in the forest during 10 working days (if available).
b) where recovery of the forest of the Organization was assigned State forest does not collect money using the jungle or forest was given the charge to use the forest for which that money is derived from the State budget or be paid annual forest rental now dissolved, bankrupt is done as follows: step 1 : Upon receipt of the decision to dissolve, the bankruptcy of competent State agencies responsible for forest owners sent decisions dissolution, bankruptcy to the Department of agriculture and rural development, where the forest;
Step 2: after receiving the decision dissolved, bankrupt, Department of agriculture and rural development is responsible for verification, verification of the forest; during 10 working days, to profile the same level people's Committee decided to revoke forest;
Step 3: the provincial people's Committee has the responsibility-during 3 working days, review, sign and submit the decision to revoke the forest to the Department of agriculture and rural development, the people's committees at district level.
-Directs the identification and handling of the value of forest owners have invested in the forest during 7 days (if any) ".
Article 4. Amendments and supplements article 5 provisions on inspection and control of forest products attached to decision No. 59/2005/QD-BNN on February 10, 2005 of the Ministry of agriculture and rural development "article 5. Special transportation permit 1. Forest vegetation (except wood), jungle animals belonging to endangered species, rare, according to the current rules on management mode and the list of plant species in the forest, endangered forest animals, precious, rare and products not subject to the provisions of article 4 of the regulations on inspection and control of forest products attached to decision No. 59/2005/QD-BNN originated in water , when shipped outside the province, must have special transportation permit.
2. The procedure of special transportation permit individual organizations filed 7 to Nuts foresters where forest products, records include:-form special shipping license (Appendix 9 attached to this circular);
-Documents proving the origin of forest products in endangered, rare, you suggest shipping license (copies carry a key to reconciliation in the case of direct filing; certified copies or certified in case of filing by post);
-The time limit for solving special transport permit is 3 working days from receipt of valid records.
3. The seed head Nuts foresters where forest products, review, special transportation permit for forestry products. The local case (where the forest products) do not have Nuts foresters, the special transport license by FPD made.
4. management of special transportation permit a) Ranger Bureau of printing, release and guide the management, the use of special transportation permit in the country.
b) FPD Management Guide, use and track the licensing of special transport of the nuts foresters in the province. Periodic 6 month report FPD on the situation and the results of special transportation permit.
c) County Chief Ranger Beads; inspect, monitor and guide the management, the use of special transportation permit. Periodic 6 month FPD reports on the situation and the results of special transportation permit ".
Article 5. Modifying, supplementing a number of articles adopted bear management regulation attached to decision No 98/2008/QD-BNN on September 9, 2008 of Ministry of agriculture and rural development 1. Article 5 be amended and supplemented as follows: "article 5. Sanitation and waste management 1. Waste disposal systems suit the environmental hygiene standard as tunnel biogas, septic or other appropriate measures not be discharged directly into the environment waste types.
2. Barn, farm was the regular hygiene, not to food scraps, waste polluting the environment ".
2. Article 7 is modified and supplemented as follows: "article 7. Polar bear farm registration conditions 1. Legal origin bears, bears have established records management and electronic chip attached.

2. Have the barn and bear farming ensures the conditions stipulated in article 3, 4, 5 and 6 of this regulation. "
3. Article 8 is amended and supplemented as follows: "article 8. Records suggest that bear farming certification Home reared bear posted 01 record registration of farming to the FPD are: 1. the application to register the bear farm (Appendix 10 attached to this circular);
2. The record of the origin of the bear or the bear record of registered management and electronic chip-mounted;
3. A presentation on the cage farming conditions include: detailed description of animal drawing, accompanied by photo bear farming, care, feed and waste treatment systems;
4. A copy of the labor contract with veterinary professionals or contract with a veterinarian or veterinary facility to care bears feed ".
2. Article 10 is amended and supplemented as follows: "article 10. Bear transportation 1. Conditions: a) are only allowed to bear the transportation specified in clause 1, article 7 of this regulation;
b) against the bears was created and attached to the electronic chip, then prior to shipping must be Nuts foresters (FPD for the no Nuts foresters) check the electronic chip to identify the chip code in where to go;
c) where the receiving of the bear is the Ranch has been raising farm certification or the rescue base under the current provisions of the State;
d) ensure safety conditions and health of polar bears in the shipping process.
2. the recommended shipping profile bears: bear-farming Owners formed the 1st records suggest shipping the grain sent Rangers bear (FPD for the no Nuts foresters), records suggest shipping bears include: a) form of transportation bears (annex VI to decision No. 97/2008/QD-BNN);
b) records of the legal origin of the bear or the bear record of registered management and electronic chip-mounted;
c) a copy of the registration certificate of the destination farm. Shipping case bears out the area outside the province adopted owner bears the notice in writing with the Agency at the Rangers to make a check to confirm.
3. The authority and procedures for licensing transport bears: a) Silently bear the shipping license: receiver records suggest the bear moves as specified in paragraph 2 of article 10 of this regulation;
b) the Mission of the agency receiving the shipping profile bears: evaluation, check the electronic chip (for the bears were tied to the electronic chip), set the minutes confirmed the number of transported bears and bear transport permit prescribed in these rules and regulations of the State on test wood products;
c) licensing time move bears: within 10 working days, from receipt of the full application, the Agency has the authority to grant transportation licences bears must complete the confirmation record number of bears and shipping out the text allows the transport of polar bears within the Cabinet or licensed special transports off the area outside the province; the case does not settle to allow shipping to have written replies to the recommendations on reasons not addressed;
d) receiving a foster Home must bear: bear notice in writing with the Rangers in the reception place to do a check to confirm ".
3. Article 11 is amended and supplemented as follows: "article 11. The handle for raising voluntary owners by bear handed to State 1. Records suggest that delivered the State for the bear (1): a) petition delivered to the State bears (annex VII attached to decision No 98/2008/QD-BNN);        
b) proven record source legal under current rules or record of registered management bears and attach electronic chip (the copy carry a key to reconciliation in the case of direct filing; certified copies or certified in case of filing by post).
2. The Agency resolve and resolution time limit: a) the FPD: during 5 working days, after receiving the voluntary transfer of profile bears, Bureau improve procedures, decided to transfer the units to bear enough of captivity under regulations of the province or Local Rangers report if the province does not have reception units;
b) forest: in less than 10 working days after receipt of the voluntary transfer of profile bears, forest must complete the transfer procedure bears for eligible units in captivity within the country;
c) receiver records paid results to settle at Agency headquarters or send by post according to the Organization's proposal, individual voluntary transfer of the bear ".
Article 6. Modification, addition and removal of some articles of the Statute to manage forestry plant seeds attached to decision No 89/2005/QD-BNN on December 29, 2005 of the Ministry of agriculture and rural development 1. Article 6 is modified and supplemented as follows: "article 6. Seed assay the new forestry 1. The Organization, individuals wishing to assay plant varieties new forestry filed 11 of Ministry registration documents to assay basal assay is the Ministry of agriculture and rural development. Registration includes: assay customised assay application (Appendix 11 attached to this circular); seed records in which clearly the name, origin, quantity, the technical-economic norms and technical processes.
2. within 10 working days, inform the assay base organizations or individuals proposed forestry cultivars assay conducted additional and complete the prescribed records; within 10 working days from receipt of valid records organized enough, individuals wishing to get assay results in the assay.
3. The assay the new forestry crops is done according to the provisions of article 15 and article 16 of Ordinance No. 15/2004 crop varieties/PL-UBTVQH11 of the Standing Committee of the Congress and recognised standard forestry crops by the Minister of agriculture and rural development ".
2. Article 8 is amended and supplemented as follows: "article 8. Procedure of recognizing new forest plant seeds 1. Individual organizations have recognized needs seed new forestry posted 01 record suggest recognition of plant varieties new forestry for forestry administration. The records include: a) application to recognize new forestry cultivars;
b) assay results report and new seed production;
c) comments of the unit participated in the assay;
d) grassroots Council thereon.
2. after receipt of the request the new breed recognition, within 3 working days, the forestry administration determined the validity of the record and inform the applicants knew. Case records are not yet valid, applicants must complete the prescribed records.
3. General Directorate of forestry established the specialized scientific Council. The Council conducted reviews of the results assay or produced to try and set the minutes suggest recognition of forestry new cultivars.
4. within 7 working days, General Directorate of forestry based thereon appraisal of the report to the Minister of agriculture and rural development, the decision recognizes the new forestry crops. Based on this recognition, the decision Of the Bureau of forestry new varieties recognized certificate for the same owners.
5. the new breed recognition codes, established under the provisions of section B – Appendix 3 of the regulation on management of forestry seed attached to decision No 89/2005/QD-BNN ".
3. Article 9 is amended as follows: the modifier "article 9. Cancellation of certificate of recognition of plant varieties new forestry 1. The certificate recognizes plant varieties new forestry was cancelled when one of the following cases: a) same owner voluntarily proposed to cancel the certificate recognized breed;
b) recognized the Breed suffered degeneration, reduced productivity than when was recognized to the extent of having to replace;
c) has recognized no longer efficient in production.
2. where the provisions of art. 1 of this article, the same owners have to be responsible to notify the General Directorate of forestry.
3. General Directorate of forestry issued the decision to suspend and cancel the certificate recognizes plant varieties new forestry and inform the owner of the same and the related authorities of the decision to cancel a certificate recognizing the new forestry crops. "
4. Article 13 is amended and supplemented as follows: "article 13. The same source recognition procedure 1. The same sources same source Owner registration applications registered under form number 04 (managed forest plant seeds attached to decision No 89/2005/QD-BNN) accompanied by technical reports on the same source (annex 12 attached to this circular) sent to the Forestry Bureau to recommend accreditation certificate for Garden Organic-like computer , the garden.
 The same source owner registration applications by form number 05 (managed forest plant seeds attached to decision No 89/2005/QD-BNN) accompanied by technical reports on the same source (annex 12 attached to this circular) submitted to the Department of agriculture and rural development in order to recommend certification for forestry in the recruitment section the same forest, forest conversion, like planting a tree, the mother tree, top of the line (or the garden provide hom).
2. Evaluation of the same source a) content evaluation: conformance of recommended varieties recognized sources with the same resource development planning and forestry plant breeding needs of the country or the province;
 The fit of the same source with the rules, processes, technical standards for each type of seed source issued.
b) valuation process: within 3 working days from the date of the application, the agency receiving the profile registration review recognized the same source as the content of the evaluation referred to in art. 2 of this and to inform organizations and individuals to improve the record in the case of incomplete records as prescribed;
 General Directorate of forestry established authority the same source to the same garden types recognized on nationwide;
Department of agricultural and rural development authority established the same source to the same selection of linfen, the forest, the forest plantation-like metabolism, the mother plant, tree top line (or the garden provide hom) on the range;

The composition of the Council includes a number of managers and specialized scientists are invited as required. The same source evaluation board is responsible for advising the leader of Forestry Bureau or the Department of agriculture and rural development in the recognition decision or cancel recognition of the type of forest seed sources;
Board evaluation survey the same source, the same source host checks on the technical content and establish a results assessment, evaluators;
 Within 10 working days from the date of the application, the General Directorate of forestry, Department of agriculture and rural development to complete the assessment.
3. Certificate of recognition same source: within 5 working days from the day the Board's evaluation report on the evaluation of the same source, General Directorate of forestry certification recognizes the same source under form number 06 (managed forest plant seeds attached to decision No 89/2005/QD-BNN) and Department of agriculture and rural development grant under form No. 7 ( Regulation of seed management of forestry attached to decision No 89/2005/QD-BNN). In the same source recognition certificate stating the necessary technical assessment by the Council suggest that the same source host must implement ".
5. Article 16 is amended and supplemented as follows: "article 16. Cancellation of certificate of recognition of forestry plants source 1. The certificate recognized forestry tree seed source was cancelled when one of the following cases: a voluntary seed sources) recommended cancellation of certificate of recognition of the same source;
b) same source acknowledged being corrupted, the decline in productivity compared to when it is recognized to the extent of having to replace;
c) same source acknowledged was hurt (burned more than 40% of the area, being more severe pest 30%) non standard production; d. Same source acknowledged no longer efficient in production.
2. the General Director of the Forestry Bureau decided to suspend the validity of a certificate recognizing the same garden owners and the garden's across the country.
3. The Director of the Department of agriculture and rural development decided to suspend the validity of the certificate is recognized in the recruitment section of forest, forest, forest-like metabolic varieties planted, the mother plant, tree top line (or the garden provide hom) province.
4. for the cases defined in art. 1 of this article, the same source should have the responsibility to notify the General Directorate of forestry, Department of agriculture and rural development to widely inform the individual units using the same.
5. The cancellation of a certificate recognizing the same source is the decision-making authority to the same source message and be updated on the website of the General Directorate of forestry ".
6. Article 19 is amended and supplemented as follows: "article 19. Conditions of production, plant breeding and forestry business, personal business, manufacturing plant named in the category forest main crop varieties (collectively referred to as seed supply forestry) must meet the conditions specified in article 36 Ordinance No. 15/2004/PL-UBTVQH11 on 23/4/2004 on seed ".
7. Repeal of article 20 and article 21 8. Article 28 is amended and supplemented as follows: "article 28. Licensing procedure 1. Organizations and individuals at local, central units want to Exchange similar to the banned group of foreign export or wish to import breeds not yet in the category of cultivars of forestry were manufactured, the business must have a single (Appendix 13 attached to this circular) sent General Directorate of forestry , attached is a copy of the relevant documents as purchase contract same or paper for gifts like partners.
2. Within 15 working days after receiving the application, the Forestry Bureau appraised and the Minister of agriculture and rural development to consider licensing for organizations or individuals to stand ".
9. Paragraph 1 Article 38 is amended as follows: modifier "article 38. Certificate of origin of the same batch of seedlings.
1. Term: 10 working days from the date of the notice of the result of producing seedlings in forest tree nurseries (Appendix 14 attached to this circular) of the seed supply and forestry ".
10. Replacing form 13 (managed forest plant seeds attached to decision No 89/2005/QD-BNN) into Appendix No. 15 seed harvests announce Form of forestry attached to this circular.
 Article 7. Modifying, supplementing a number of articles with circular 99/2006/TT-BKHCN on 06 November 2006 about guidance made some things about qản forest management regulations attached to decision No 186/2006/QD-TTg dated 14 August 2006 from the Prime Minister's 1. Clause 2.4 section II be amended and supplemented as follows: "2.4. Order and procedure for improving the forest.
a) forest: improvements for the Organization to set up the project; for households and individuals must have the recommended single forest restoration process of approval authority.
b) forest is the forest owners: for the organization is the national, business units under the Ministry of agriculture and rural development has sent forest improvement needs 1 the records of General Directorate of forestry, the Ministry of agriculture and rural development decided; The forest is home for other organizations wishing to renovate forest send 1 the records of the Department of agriculture and rural development evaluation, the provincial people's Committee decision.
Records are: Menu suggestions allow restoration of forests forest owners (annex 16 attached to this circular); Forest improvement projects by establishing forest holders (annex 17 attached to this circular).
Within 3 working days from the date of the record, General Directorate of forestry, Department of agriculture and rural development must notify the Organization to complete the record, in case of incomplete records as prescribed;
Within 7 working days of receipt of a valid profile, General Directorate of forestry evaluation report must have and the Ministry of agriculture and rural development, decision-making, Department of agriculture and rural development reported that the evaluation and the PPC decisions.
Within 3 working days from receipt of the records the Ministry of agriculture and rural development, the provincial PEOPLE'S COMMITTEE is the decision to allow the restoration of forests.
c) forest is households, individuals are required to renovate the forest, send 1 single forest improvement proposal (annex 18 attached to this circular) of the people's Committee of the district, the County, the town of consider, decide, in the application stating the method for improving the forest, the term completed, certified by local Rangers and village forest area where the proposed renovations. If an area of the forest improvement from 5 hectares and over the district people's Committee posted on the Department of agriculture and rural development evaluation before deciding to approve.
On the get recommended improving the forest of households, individual districts must notify the individual if the household bills for households and individuals. If the menu has valid DPC level receipt applied to households, individuals and submit on the Department of agriculture and rural development to the evaluation with respect to an area of forest forest restoration on 5 ha.
 Within 5 working days from the date of application of the DPC, Department of agriculture and rural development must have written the appraisal sent on to DPC decision.
 Within 5 working days from the date received by households or 3 working days from the date of receipt of the appraisal Department of agriculture and rural development, the DPC is a decision allowing the improvement of the forest ".
 2. Art. 9.4 section II be amended and supplemented as follows: "9.4. Sequence establishment procedure, use the resources in the forest of special purpose: a) foster forest: Tight after the Ministry of agriculture and rural development to allow tight forest for the upbringing of special purpose forests in logical; The people's Committee of the central cities, allowing tight foster forest for special-purpose forests in the city, centrally manage the forest to conduct design and set design profile 01 send licensing agency.
 Design: content-clearly define the boundaries, the area under the plot, memorable moments, zone;
-Calculate the volume of the product can use according to the size, species of trees, Wood Group;
-Establishment of design measures for forestry (felling of forest upbringing).
Profile design components include:-the profile assessment Sheet (Appendix 19 attached to this circular);
-Advocated tight upbringing allowed by the Ministry of agriculture and rural development or the provincial people's Committee;
-Technical design of close nurturing (Appendix 20 attached to this circular).
 The procedure browser:-General Directorate of forestry approval tight design nurture the forest for special-purpose forests belonging to the Ministry of agriculture and rural development management;
-The Department of agriculture and rural development approved profile tight design nurture the forest for special-purpose forests due to the province, the city of centrally managed;
Time resolved profile: 10 working days from receipt of valid records.
The principles in the process of nurturing tight Woods:-Fasten nourish the forest must comply with legal processes, to ensure regeneration, maximum restriction affecting the rest of the tree, do not open the export route, transportation and warehousing that is taking advantage of the work that has had or trail to maximum production , transportation;
-Fasten the right venue to jungle upbringing, in the right area, the object has to be approved by the authorized and licensed. Prohibits using wood tight elsewhere insert into the area allowed to firmly foster ".
3. Point 11 section II paragraph 11.3 is amended and supplemented as follows: "11.3 Slow as 5 working days from the date of receiving the written permission to retain, collect specimens, genetic resources of wild plant species, usually want to collect to serve scientific research, management of the forests of special purpose or home units that forest management for consistency permission in writing.
The latest is 5 working days from the date of receiving the written permission to retain, collect specimens, genetic resources of plant species, rare woods, wanted to collect in order to serve scientific research, Ministry of agriculture and rural development, answered in writing ".

Article 8. Modifying, supplementing article 10 regulation recognises the technical advances and new technologies of the industry of AGRICULTURE and RURAL DEVELOPMENT & attached to decision No 86/2008/QD-BNN on February 11, 2008 of Ministry of agriculture and RURAL DEVELOPMENT "& article 10. Pause and resume effective the decision recognizes technical progress 1. The Agency would make a decision recognizing the technical progress, the body that has the power of decision to pause and resume effective the decision recognizes technical progress.
2. within 10 working days from the date of having enough basis identify the organization or individual in violation of any of the following circumstances, the competent authority a decision of suspension effect the decision recognizes technical progress: a) individual organizations have recognized technical advances do not carry responsibility in clause 2 of article 12 of this regulation;
b) technical progress after a time apply in practice does not meet the general criteria and specific criteria or bad influence to production, life, environment;
c) violation of the provisions of the relevant intellectual property Law.
3. The decision recognizes technical progress been restored effective when individuals, organizations have the technical progress paused was the reason of suspension provided for in paragraph 2 of this Article. The Organization, individuals are required to restore the enforceable decision recognized science and technology progress to send the 1st record for competent authorities as specified in paragraph 1 of this article. Profile: petition to restore the enforceable decision recognizes technical progress (annex 21 attached to this circular); Technical report about the current state of technical advances suggest restoring effective decision recognizes technical progress (annex 22 attached to this circular).
Within 3 working days from the date of the application, the agency receiving records must inform the individual organisations to improve the profile, in which case a valid profile.
Within 10 working days of receipt of documents, the competent authority must have the results for individual institutions ".
Article 9. Amendments and supplements to some articles of the circular No. 58/2009/TT-BKHCN guide planting rubber trees on forest land 1. Supplement article 6 paragraph 1 as follows: "article 6. Order the authority to allow the planting of rubber trees on forest land 1. Rubber plantation owner is the Organizer.
e) procedures process the profile allows for the transfer of natural forests, planted forests by capital budgets capital non-refundable aid: send 1 the records of the Department of agriculture and rural development to the evaluation process of the provincial people's Committee decided to allow the transfer of forests to rubber cultivation. The records include: text recommended by the Organization; Report the results of the investigation of the status quo of land, forest area conversion proposals, accompanied by the documents of census, survey of foreign consultants.
Within 3 working days from receipt, if the profile is not yet consistent provincial people's Committee must notify the Organization to complete the prescribed records;
Within 10 working days from receipt of valid records, provincial committees decided to allow the Organization to be transferred to the forest to plant rubber.
2. additional, revised art. 2 article 6 as follows: "2. the rubber plantation owner's household, personal, rural-residential community.
a) for an area of natural forest and plantations by capital or capital budget aid households, individuals, communities and villages that have been assigned the forest and forest land forest transfer needs to cultivate rubber, if guarantee conditions on soil type, forest type and in accordance with the planning of the , do 1 single stating the location, area, types of forests and forest plots, location map of the people's Committee of township-level people's committees to consider, the decision to allow transfer of forests to rubber cultivation.
Within 3 working days from the date of receipt, districts must notify the individual, household, community residents know to perfection in a single case is not yet valid;
Within 10 working days from the receipt of a valid application, districts decide to allow households, individuals, communities are turning the forest into rubber cultivation. "
3. Modify Article 7 paragraph 1 point a as follows: "article 7. The extraction process make use of forest products in the forest land converted to forests to plant rubber.
1. Exploit the advantage of forest products of the organization.
a) on soil natural forest, planted by capital or capital budget aid forest Owner or building owner reported exploits take advantage of forestry products include some of the following: defining boundaries, divide the batch identifier, minor, fleeting moments and mapping the area of extraction ratio of 1 : 5,000; mining reports stating the area of forest products production mining, by level, type of each batch, memorable moments, and general area for both the mining area; determine the production and expected costs of extraction.
The people's committees of the province based on the actual local situation selected unit or function assigned to the forest owner, the rubber plantation owner to exploit the advantage of forest products, but must make provisions and ensure progress of rubber growing according to plan.
The licensing procedure of extraction: Forest Owners or owner submit 1 the records of the Department of agriculture and rural development. Profile: grant proposal writing exploits take advantage of; the text assigned to the exploitation of the provincial people's Committee; a mining report and map the extraction zone.
Within 3 working days from receipt of the record, the Department of agriculture and rural development must inform the owner of the forest or the owner to complete the record in the case of records not yet valid.
Within 10 working days from when it receives a valid profile, Department of agriculture and rural development licensed extraction make use of forest products and the forest owner for design or pay owner and mining function unit was provincial people's Committee ".
4. Modify the point a and point c paragraph 2 article 7 as follows: "2. Exploits make use of forest products of household, personal, rural-residential community.
For natural forest land.
The case moved on to the rubber plantation forests, households, individuals, communities and rural tree statistics and calculation of forest products production mining advantage (if any), send a statistics on district-level PEOPLE'S COMMITTEES and take advantage of the mining license.
Within 3 working days from receipt of the record, district-level PEOPLE'S COMMITTEES shall inform the individual households, communities and villages to improve the record in the case of records not yet valid.
Within 10 working days from the receipt of a valid petition, district-level PEOPLE'S COMMITTEES decided to take advantage of the mining license and paid results for household, personal, rural-residential community.
c) for land recovery forest of households, individuals, communities and villages to delivered to the organization doing the rubber plantation owner was the natural forests, planted forests by aid or capital budget capital: after it has compensated property that household, personal, rural-residential community has invested on the ground under the provisions; the investor build profile extraction make use of the approval authority, licensing exploitation of advantage for the investor to exploit the advantage. Build sequence profile mining license, made under the provisions of paragraph 3 of this point.
The case of withdrawal land, households, individuals, communities and Rural Affairs for the Organization invested rubber plantation is cultivated by households, individuals, communities and villages, the capital investment made as specified in point b of paragraph 1 article 7 circular No. 58/2009/TT-BNNPTNT ".
Article 10. Terms of implementation 1. This circular has the effect after 45 days from the date of signing.
2. the General Director of the Forestry Bureau, Chief of the Ministry, Director of Legal Affairs, heads of units of the Department and the organizations and individuals concerned is responsible for the implementation of this circular.