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Circular 76/2007/tt-Bkhcn: Guide The Transfer Of Forests And Forest Land To Planting Of Rubber Trees In The Highlands

Original Language Title: Thông tư 76/2007/TT-BNN: Hướng dẫn việc chuyển rừng và đất lâm nghiệp sang trồng cây cao su ở Tây Nguyên

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Circular migration of forests and forest land to planting rubber trees ởTây Resources _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the land pursuant to the law No. 23/2003/L-CTN on December 10, 2003 of the National Assembly and Decree No. 177/2004/ND-CP on October 29, 2004 by the Government on the implementation of the law of the land;
Pursuant to the law to protect and develop forest no. 29/2004/QH11 on December 25, 2004 of the National Assembly XI, no. 23/2006/ND-CP dated 3/3/2006 the Government enforce the law to protect and develop forests and decision No 186/2006/QD-TTg dated 14 August 2006 Prime Minister's Government issued the regulation of forest management;
Pursuant resolution No. 66/2006/QH11 NQ-October 6, 2006 National Assembly of POKER about the importance of the project the National Congress decided to investment undertakings;
Pursuant to Decree No. 170/2004/ND-CP of September 22, 2004 by the Government on the arrangement, the renovation and development of farm business and Decree No. 200/2004/ND-CP dated 3 December 2004 by the Government on the arrangement, and state forestry development;
The base announcement no. 125/TB-VPCP on August 14, 2006 by the Office of the Government on the conclusion of the Prime Minister at the Conference of social-economic development of Western Resources.
This circular guide some specific content about the transfer of forests and forest land to planting rubber trees, in order to make the development more 90-100 thousand hectares of rubber in the Highlands to 2010, i. GENERAL PROVISIONS 1. Scope and application of object-scope: this circular stipulates the conditions, the Authority decided to transfer the purpose of use of forest, forest land to agricultural lands planted with rubber; the sequence of construction and approval of the project; order and procedure of transfer of land of the agricultural market to the growing of rubber trees in the Highlands.
-Objects: the Organization, Vietnam had individual needs to transfer an area of forests and forest land to rubber plantation in the Highlands; the agriculture, forests and forestry forest land transferred to soils of rubber; the State authorities related to the transfer of forests and forest land to land in the Highlands.
2. The principle of the transfer of forests and forest land into arable Land): a rubber of forests and forest land transferred land for growing rubber to ensure consistent standards with required growth and development of rubber;
b) must have the master plan was approved by the authority;
c) Rubber Plantation on the land conversion is highly effective for economy and the environment than the current crop;
d) condition, the object of forest and forest land was considering switching to the use of agricultural land to grow rubber made according to the provisions in paragraph 2 and paragraph 3 of section II of this circular.
II. SPECIFIC PROVISIONS 1. Technical standard for rubber plantation in the Central Highlands of land suitable for growing rubber is the soil type: basalt gray soil, red soil make sure the standards below: a) below 700 m above the sea;
b) the slope below 30 degrees;
c) minimum thickness Floor 0, 7 m;
d) under water level depth 1, 2 m and not be attenuated when raining;
DD) motor ground ingredients from mild to heavy meat meat, drained;
e) the level of the stone floor and in von, arable < 50%; g) Chemical properties: total humus content of topsoil > 1.0%, pHkcl: 4.5-5.5; h) rubber plantation must be designed in accordance with the technical processes, ensuring conditions for intensive farming and prevent erosion. 
2. The type of forest land below can arrange to switch to rubber cultivation if ensure technical standards for rubber plantation in clause 1 of this circular section II: a) the forest land was planned as production forest (natural or planted forests);
b) Is poor, immature forest natural forest rehabilitation, forest of giant umbrellas, bamboo, le ... (collectively referred to as the forest of bamboo bamboo); the low effective plantation.
Poor forest in this circular are provisions in decision No. 01/QĐKT/8 682B/1984 of Ministry of forestry (now the Ministry of agriculture and rural development) of the regulations violates design business jungle, is extra type IIIA1 poor quality, quality tree rate type A and type B of species invasion under 50% of the forest reserves.
The case of the cloud forest of average grades from 1.0 (a) ha, located in the lot of poor forest, interspersed the forest restoration in non planned plantation area of rubber, are allowed to move along an area of the forest that to avoid poor skin condition report, make sure the linkage region linkage of memorable moments.
3. conditions of conversion of forest and forest land to agricultural land to grow rubber trees and forest transfer forest land to agricultural land to cultivate rubber, must comply with the provisions of the law of the land, the law on the protection and development of forests, in particular: a) consistent with the master plan land use plans; planning, planning development and forest protection is the competent State agencies;
b) has a project on an area of forests and forest land needed to transfer the purpose of use is the competent State agencies;
c) report reviews the environmental impact resulting from the transfer of forest use are competent State agencies;
d) have compensated with forest clearance is the competent State agencies;
DD) new forest planting plan replaced the forest area will convert to other uses.
4. The Authority decided to transfer the purpose of forest use and forest land to agricultural lands planted with rubber, according to the provisions of the law on land, forest development and protection laws, the local demand to transfer the purpose of use of forests or forest land in the objects prescribed in clause 2 section II above to rubber plantation , depending on the scale of area transfer purpose use, must perform the following procedure: a) for rubber planting projects that use forests and forest land under scale 1000 ha, the provincial people's Committee to review the decision on the base fit the planning, land use plan has been approved;
b) with respect to the rubber plantation project has the use of forests and forest land scale from 1000 hectares or more, kind of a key national project, as stipulated in resolution No. 66/2006/QH11 NQ-of Congress, to have the project approved by Congress advocated investing.
On the basis of the investment project of rubber cultivation, the provincial people's Committee General of forest and forest land area is expected to grow rubber switch the previous Congressional session Government near for at least 90 (ninety) days to review Government, the National Assembly prior to the opening of the latest session at least before 75 (seventy-five) days to Congress Watch considering ratification. 
5. The sequence of the construction project and the planting of rubber on the land transfer purpose use of forests and forest land a) on the basis of the scope, area, the number of the zone is expected to have the ability to cultivate rubber, the provincial people's Committee allocated specifically for the investor to build rubber tree planting projects;
b) The investor's choice of consultants to investigate the current state of the land and forest resources, establish rubber tree planting projects;
c) method to investigate the current state of forest resources as defined in decision No 682B QĐKT/8/01/1984 of Ministry of forestry (now the Ministry of agriculture and rural development) of the regulations violates design business;
d) Department of agriculture and rural development Bureau of forestry, FPD inspect objects and the current state of the forest turning to the rubber tree planting; General profile of forest and forest land conversion submitted Forestry Bureau appraised before the provincial people's Committee approval of investment projects;
the Forestry Bureau) coordinated with the FPD and the related due diligence and check (if necessary) object, the current state of forests converted to use rubber plantation by the Department of agriculture and rural development, as the basis for investors to the provincial people's Committee for approval.
6. The sequence of the procedure, an area of forest land of the agricultural, forestry and rubber tree cultivation to forest land of the agricultural market, the State forestry has been rearranged according to the provisions of Decree No. 170/2004/ND-CP of September 22, 2004 by the Government on the arrangement, the renovation and development of farm business , Decree No. 200/2004/ND-CP dated 3 December 2004 by the Government on the arrangement, the renovation and development of forestry business, if the land use purpose switch to planting rubber trees, then after the procedure is completed the land use purpose as specified in paragraph 4 section II above , it should proceed with the following procedure: a) The agriculture, the forestry authority approval back business approach as prescribed;
b) perform in the construction and approval of investment projects to plant rubber trees as specified;
c) for the agricultural, forestry and the school was moved the status quo to Vietnam rubber Corporation, the order and procedure of transfer of the land use purpose also performs as a guide in this circular.
III. ENFORCEMENT of TERMS 1. This circular effect after 15 (fifteen) days from the date The report.
2. During the implementation process, if there are problems to recommend the Organization, timely personal reflections about the Ministry of agriculture and rural development to the study guide, Supplement.