Decree on the principle and method of determining the types of forests _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law to protect and develop forests on December 3, 2004;
Based on 26 April Price Ordinance in 2002;
According to the recommendation of the Minister of agriculture and rural development, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates the principles and methods of determining the right to use the forest, the forest of special purpose production forests and natural forests, (hereinafter referred to as the price of the right to use the forest); reviews of forest ownership forest produce is grown, (hereinafter the price plantation ownership).
Article 2. The scope of application of the forest use rights, Price reviews plantation ownership by the people's committees of provinces and cities directly under the Central Government (hereinafter the provincial people's Committee) issued under the provisions of this Decree as a base to: 1. Charging using the forest when the State allocated forest have collect money using the forest , the value of the right to use the forest, plantation ownership value when the State assigned the forest does not collect money using the provisions of article 24 of law forest protection and forest development in 2004.
2. when the State forest rental fee for non-forest rental through the auction of rights to use the forest, plantation ownership stipulated in article 25 of law protection and forest development in 2004.
3. Calculation of compensation when the State forest revocation provisions of article 26 of the law to protect and develop forests in 2004.
4. Calculate the value of capital contributions by the forest use rights, ownership of the plantations of the State in the business prescribed in paragraph 1 and paragraph 3 Article 35 law on protection and development of forests in 2004.
5. Calculation of compensation for violations of the law on the protection and development of forests causing damage to the State.
6. Calculate the taxes, charges and fees as prescribed by the law.
Article 3. The object of this Decree apply applicable to State agencies, divisions, organizations, families and individuals in the country, Vietnam people settled abroad, foreign individuals, organizations related to identifying and applying reviews the types of forest in Vietnam.
Article 4. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. The price of the right to use the forest's value that the forest owner can be enjoyed from the Woods around the time assigned, are hired by money on a forest hectares (ha) of forest, the forest of special purpose production forests, natural forests, according to the regulation of forest use and management by the State.
2. plantation ownership Price is the value that the forest owner can be enjoyed from the Woods around the time assigned, are hired by money on a forest hectares (ha) of forest plantations is produced according to the regulation of forest use and management by the State.
3. Transfer of ownership, the right to use forest plantations produce natural forests, the fact the market in normal conditions is the amount calculated on a production forest hectares of planted forests, forest production of natural forests is formed from the actual trading results bring the popularity on the market between the assignor and the assignee in conditions not affected by factors that increase or decrease the price due to speculation, planned changes, assignment of status is forced, consanguinity.
4. The price for rent the right to use the forest actually on the market in normal conditions is the amount calculated on a wooded hectares, the forest special purpose production forests, natural forests are formed from the actual trading results bring the popularity on the market between the rental and hire people in conditions that are not affected by the factors that increase or decrease the price by the body, change planning, rental status is forced, consanguinity.
5. pure income from the forest is forest owners obtained from mining and forestry activities; landscape business, eco-tourism, scientific research (if any) after deducting the cost of investment, tax and account forest to create more affordable.
6. Use of forest, forest-rent is the amount that the forest owner must pay to be used on forest and forestry exploitation purposes; landscape business, eco-tourism, scientific research (if available) according to the regulation of forest use and management by the State.
7. Compensation for forest owners when State forest is the amount that the State must pay to the owner of the forest with the forest owner earnings can be enjoyed from the forest in the time allocated, the remaining are hired from the extraction of forest products; landscape business, eco-tourism, scientific research (if available) according to the regulation of forest use and management by the State.
8. indemnification for damages for violations of the law of forest damage is the amount that the person has a damaging violation of the forest to State compensation, including the value of forest products and environmental values of the forest damage.
a) worth of forestry products is the value of the whole timber, forestry products besides wood on the forest area affected;
b) environmental value is the value of the forest environment provides every year and are calculated by the number of injuries between pure income of annual environmental value on interest rate term savings deposits a year of USD in commercial banks have the average interest rate on the area at the time of the evaluation or are calculated by the value of the forest on forest products multiplied by k from 2 to 5 (depending on each type of forest).
Article 5. Principles and determining the prices of forest types 1. Ensure public, transparent, objective and scientific.
2. To transfer the right to use the forest, planted forest ownership, price for rent the right to use the forest actually on the market in normal conditions; When the price of the right to use the forest plantation ownership price, the fact the market has big fluctuations must adjust accordingly.
3. Based on the location of the forest, the forest status; reserves, the quality of forest products at the time of valuation.
4. Based on the planning, the planned use of the forest; management mode and use of each type of forest; standards, technical-economic norms by State.
5. The forest of the same type, the same function, equivalent to about the location of forest areas, forest reserves, status, quality forest products alike have the same price.
Chapter II-METHODS OF DETERMINING the TYPES of FOREST section 1 article 6 INCOME METHOD. The income method 1. The income method is a method of determining the price of a particular forest area based on the pure income obtained from the forest rules about the time of the valuation of the interest rate for savings deposits with a term of one year of USD in commercial banks have the average interest rate on the area at the time of valuation.
2. the income method is applied to determine the price of the right to use the forest, the forest and the production forest for natural forests; reviews of forest ownership forest produce is grown.
Article 7. Conditions apply methods of earning income approach when there is enough information to determine a pure earnings bring home the forest from the forest area in need of evaluation.
Article 8. The order of evaluation by the method of income 1. The survey, to collect information about an area of the forest need Woods include valuation according to the intended use of forest, forest, forest reserve status, the quality of forest products and the regulations on the management and use of forests.
2. Determine the revenues and costs for mining and forestry activities; landscape business, eco-tourism, scientific research (if any) on the need of forest valuation.

3. plain income Properties in the remaining years of the production cycle (for the production forest is planted); pure income in the year of the term of use of forests (for special use forests, forest, natural forest production forest) or plain income average annual (if any) for natural forests.
4. deposit interest rate determined in accordance with paragraph 1 article 6 of this Decree.
5. Determine the price of the right to use the forest, the forest and the production forest for natural forests; reviews of forest ownership forest produce is grown.
Section 2 COSTS article 9 METHOD. Cost method 1. Cost method is a method of determining the price of a particular forest area based on the reasonable expenses invested to create the forest savings deposit interest rate and term of a year of USD in commercial banks have the highest interest rates in the area at the time of valuation.
2. cost method is applied to determine the price of ownership of production forest is planted in terms of forest types need not have valuation of transactions on the market.
Article 10. Conditions apply cost method cost method is applied when there is enough information to determine reasonable expenses invested to create a forest for forest valuation is needed from time to time of investment valuation.
Article 11. The order of evaluation by the method of costs 1. The survey, to collect information about the current state of the forest, the work of infrastructure associated with the purpose of protecting, developing the forest at the time of valuation and the regulations on the management and use of forests.
2. Collect data on reasonable cost have invested to create the forest from time to time of investment valuation.
3. the deposit interest rate determined in accordance with paragraph 1 article 9 of this Decree.
4. Determine the interest corresponding to the sending bank interest for the investment costs during the period from the time of investment to date of valuation.
5. Determining the ownership of production forest is planted.
Item 3 article 12 COMPARISON METHOD. The method comparison 1. The comparative method is a method of determining the price of a particular forest area through the analysis of the rates of forest actually transfer ownership of planted forests, transfer, rent the right to use the forest in the market or the price of the transaction with the owner of plantations, forest use rights (between State and forest owners) of the same type of forest Similarly, about the State of forests, forest reserves; the quality of forest products for comparison with the need of forest valuation.
2. comparative method was applied to determine the price of the right to use the forest, the forest and the production forest for natural forests; reviews of forest ownership forest produce is grown.
Article 13. Conditions apply comparative methodology 1. Application of comparative method when there is enough information about an area of the forest of the same kind have the transfer, lease or market transaction (between State and forest owners) can be compared with the needs of forest valuation.
2. In the case of forest used for comparison and an area of forest valuation should have these heterogeneous elements, you can use the number system to adjust.
Article 14. The order of evaluation by the method of comparison 1. Survey and collect information about an area of the forest need Woods include valuation according to the intended use of forest, forest location, the status of the forest reserves, the quality of forest products and construction of infrastructure associated with the purpose of protecting, developing the forest at the time of valuation and the regulations on the management and use of forests.
2. Determine information about an area of the forest was used to compare the price include the location of the forest, forest reserves, status, quality forest products and construction of infrastructure associated with the purpose of protecting, developing the forest at the time of the transfer, lease or trade on the market.
3. Analysis, compare to choose the same criteria and vary in price between an area of the forest compared with the forest area should determine the price.
4. Adjust the elements differ in price the right to use the forest, plantation ownership rates between forest area compared with the total area of forest valuation needs.
5. Determine the price of the right to use the forest, the forest of special purpose production forests and natural forests, the forest ownership forest produce is grown.
Section 4 the CHOICE of VALUATION METHOD and PRICE ADJUSTMENT of FOREST TYPES article 15. The choice of the method of determining the types of forest agencies, held the function of valuation, consulting on the base price of the principle and the method of determining the rates of forest types defined in this Decree and the specific local conditions to choose the method of determining the types of forests for the match.
1. The selection of the valuation method is based on the types of reviews of specific forests need to be identified and ensure the interests of the owners of the forest, who worked as a forest.
2. in case of need could use a combination of methods determining forest types defined in this Decree to evaluation or test, compare, contrast when deciding specific price.
Article 16. Adjust the types of forests provincial people's Committee decided the price adjustment of forest types in the following cases: 1. When you have adjusted the planning, planning to use the forest.
2. When the right to use the forest, plantation ownership price reality on the market increases or decreases over 20% from the price regulation in the period from 6 months upwards.
Chapter III IMPLEMENTATION article 17. The responsibility of the provincial people's Committee 1. Allocated to specialized agencies or organizations that lease valuation functions, advice on price reviews forest types as specified in this Decree.
2. Organization of valuation of forest types, the people's Councils at the same level through and publicize locally.
3. Inspect, handle and solve the problems related to the valuation of forest types in the local jurisdiction.
4. Monitor the fluctuating price transfer, rent or market transaction price (between State and forest owners) about the right to use the forest, planted forest ownership on the market; often, the statistics organization reviews the types of forest.
5. Specified coefficient "k" as a basis to determine the amount of compensation for violations of the law on the protection and development of forests causing damage to the State under the provisions of clause 8 of this Decree, article 4.
6. Funding made determining the types of forests due to the State budget guarantees.
Article 18. The responsibilities of the ministries 1. The Ministry of agriculture and rural development, in collaboration with the Ministry of Finance shall guide the implementation of this Decree.
2. The Ministry of agriculture and rural development, in coordination with the ministries concerned to check, monitor, solve problems arising during the implementation of this Decree.
Article 19. Terms of implementation 1. The Decree has effect after 15 days from the date The report.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.