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Circular 13-Ln/kl: Guide The Implementation Of The Decree Of 18-Hđbt Plant List Provisions Of The Forest, Animals, Rare And Precious Forest Management, Protection Mode

Original Language Title: Thông tư liên tịch 13-LN/KL: Hướng dẫn thực hiện Nghị định số 18-HĐBT quy định danh mục thực vật rừng, động vật rừng quý, hiếm và chế độ quản lý, bảo vệ

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CIRCULAR of the MINISTRY of FORESTRY guidance implemented Decree No. 18-HĐBT plant list rules the jungle, jungle animals, rare and precious management mode, protection of the Council of Ministers issued Decree No. 18-dated 17 January 1992 stipulates the categories of forest vegetation, animals, rare and precious forest management mode , protect. To ensure the implementation of adjustment on the Decree, aimed at the protection and development of resources of forest plants, precious, rare jungle animals of our country, first restore order, discipline in the extraction, transport and use of rare wood, forestry Ministry specific instructions some of the following principal contents.
 
I. SCOPE of the DECREE and ADMINISTRATIVE RESPONSIBILITIES 1. Regulations on management mode of plant protection, forests, jungle animals, rare in Decree No. 18-HĐBT and this circular apply to these types of forest vegetation, jungle animals have been recorded in a list attached to the decree and applied mainly for forest production and forest. For special use forests, then plant the forest, jungle animals, rare and precious whole populations of forest creatures of each special purpose forests are regulated, strict protection under a special regulation.
2. Comes from a special value of forest vegetation, jungle animals, rare, Decree 18-HĐBT have set out the principle that the Council of Ministers (Government) system for managing forest vegetation, jungle animals, rare within the country. The forestry Ministry is responsible before the Council of Ministers (the Government) made the most of this management system.
The people's Committee of the levels is responsible for directing, testing and implementation in accordance with the provisions of the State on plant protection, management of forests, jungle animals, rare in the local scope, not arbitrarily do left those provisions.
3. the State encourages, supports organizations and individuals protect plant resources development, forests, jungle animals, rare and ensure the rights in the use of the products because they make out.
 
II. mode of MANAGEMENT, PLANT PROTECTION forest, JUNGLE ANIMALS, rare and PRECIOUS.
1. Grasp the situation of forest vegetation, animals, rare and precious Forest Department in collaboration with the scientific authority in directing the Central localities have organized forest perform grasp the situation of forest vegetation, jungle animals in each locality and the general situation in the country.
Localization, grounded on A list, directing the investigation, determine the area of the forest vegetation of forests, jungle animals, rare maps and on field: statistics the number of each type of plant reserves, forests, jungle animals, rare and precious we have and follow every year in each locality. On this basis, the governing body of the local forestry conducted the circled concentrated forests hold plant forests, jungle animals, rare and precious organization the management, protection, closely directed the forest owners make the management, protection, causing plant forest development, precious forest animals rare, and direct management the Organization of forest vegetation of forests, jungle animals, rare and precious chưâ delivered to the Organization, individuals would manage to use.
2. mode of management, plant protection forest, jungle animals, rare and precious wild in Group I (IA, IB).
The State prohibits the extraction, use of forest plants, precious, rare jungle animals in Group I (IA, IB): include the kind of endemic, have special value in science and economics, there are very few reserves, amount or is in danger of extinction.
The special case which needs to use, subject to the following provisions:-the agency that needs scientific research or international cooperation on scientific research and management bodies must be competent scientific verification of needs.
-The Agency needs to do a specific presentation text on the purpose of use, about the name of the type of plant forest or jungle animals (common name, Latin), the number or the volume please take the place of the spread and the opinion and agreement of the forestry administration departments at the provincial level, reporting to the Minister of forestry review the Prime Minister, the Government allows.
When taking the product, the Agency is allowed to use to perform the correct licenses and regulations on management, forest protection, must tell the nuts foresters in the know to guide test, set up a test product for retrieved and must pay tax according to the current policy resources.
3. The exploitation, use of plant, animal and precious, rare wildlife, forests in Group II (IIA, IIB).
The State restricts the exploitation, use of forest plants, precious, rare jungle animals in Group II (IIA; IIB): include the type has high economic value are being exploited excessively, leading to exhaustion and in danger of extinction.
a) exploitation of precious woods used, rare in Group IIA.
-Minister of forestry based on the situation and the needs of domestic and export use, the Prime Minister approved the total volume of wood exploited annually, which defines clearly the precious, rare wood volume of group IIA are allowed to exploit.
-The province, the city forest, the forestry Ministry while browsing the mining design of forest annually, must have the specific design of each volume of precious trees, rare in Group IIA of each unit to report to the Minister of forestry review, sum up the prime timber targets review you annual rarity, local in the country. Of planned base was there, Minister of forestry decisions, logging targets rare for provinces, cities, and the specific allocation for each central unit, local.
-Owners of the forest, when the exploit needs the right design, the open command of the Ministry of forestry and mining processes to take advantage of products that cause wood has cut and quickly taken out of the forest to wood is not damaged, forest. The wood exploitation must be nuts foresters in checking, counting up biographies of each type of tree, stamp hammer Rangers, set up a test and must pay tax according to the current policy resources.
-The State has regulated the precious, rare wood is only used to build the special work of the State, the daily fine art senior served joiner, domestic consumption and exports.
The organizations and individuals who have a need to use precious, rare wood (Group IIA), to make the text needs, the volume type, place of purchase and the confirmation of the provincial people's Committee, the city of residence or Ministry, reporting to the Department of forestry in review , allows. for rare, precious wood (Group IIA) treats seizure, also applies under this regulation.
When transporting the wood out of the province, must have special transportation permit of the Ministry of forestry.
b) for forest plants in addition to timber tree in the IIA group.
-The owner of the forest or the organization or individual purchase contract with forest owners, when opening trhác needs, to do the text presented is specific about the type of tree, the number, location, reporting to the governing bodies of the provincial forestry review, allow.
-When exploited, who are allowed to exploit the Executive the right to license and technical forestry process. Forestry exploitation must be nuts foresters in check, check and record-setting to the resource tax under current policies. When shipped outside the province, must have a permit to transport due to FPD in the level.
c) for forest animals in Group IIB.
-In case of traps is only really necessary as the same causes, serving on scientific research, international exchange of same or serve other necessary requirements.

-The Organization, the individual needs to do, traps the text needs, forest animal species name (common name, Latin), amount, method and means of traps, traps and locations of the opinion to the people's Committee of the Parliament, the city of residence or Ministry , to report to the Minister of forestry, allows.
-The Organization, individuals are allowed to bear traps the direction of forest where traps and are responsible to resolve satisfactorily the interests of forest owners according to the agreement between the two sides. Jungle animals have traps, must be nuts foresters insurance building in check, check and record-setting to the resource tax under current policies. When shipped outside the province, must have special transportation permit of the Ministry of forestry.
4. The extraction, use of forest plants, precious, rare jungle animals in Group I, group II by the Organization, or which personal cultivation.
a) for forest plant (Group IA, IIA) due to the Organization, the individual dispose of capital causes growing farming, forest restoration, when the tree reaches the age of exploitation of the forest exploitation, use and consumption of the product, but must notify the seeds at the Rangers know to check out, set the minutes check against product exploitation (confirmed or products which cause plant and mass , categories).
b) for forest animals in Group IB, the owner of the forest are used only with the purpose of causing livestock development in place.
Forestry management agency responsible for encouraging local, support the development of farming-causing forest jungle animals, rare and precious forestry Ministry report to have used in the conservation of endemic animals and solve the physical benefits for them. Any use for this animal source, must make a written report to the Minister of forestry, allows.
c) for painting animals in Group IIB, owner of the Woods beyond the purpose of using them to raise livestock development, is entitled to use live animals from the second generation onwards to exchange with organizations, individuals adopted causing demand to grow. The Organization, individuals wishing to use this to do the reporting and writing are the Forestry Department for permission. When exchanging, the owner of the forest must tell the seeds at the Rangers know to check out, set the minutes check against products already consumed (confirmed or products which cause pets, from two generation onwards and the name, the number of animals).
With regard to the exploitation, use of forest plants, precious, rare jungle animals due to the Organization, the individual self give up cultivating capital, then taking out products are tax resources. Shipping cases outside the province, must have a permit to transport due to FPD in the level.
5. In the case of rare, precious type fun jungle sabotage production or threaten human life shall be displaced, and must report to the local authorities and local Rangers to take measures of support. In the case of the destructive animals on a large scale, serious, it must report on the province and the Ministry of forestry to take measures to solve. Just in case the organization implementing the measures of the competent authority are not effective and when fun jungle menace directly the human life, then apply measures justifiable defense and then to report on the State and the Ministry of forestry.
 
III. procedure for SPECIAL TRANSPORTATION PERMIT the transport of precious, rare types of forest products are in accordance with the procedures specified in circular No. 8-25-4 KL/LN-1992 of the Ministry of forestry Guide check the exploitation and transportation of forest products.
Licensing procedures and special transport, defined as follows: 1. organizations and individuals apply for special transportation permit plant forests, jungle animals, rare and precious product, must present at the Bureau under the Ministry of forestry Rangers the following text: a) for special transportation permit the kind of wood you rare, in Group IIA.
A1) the forestry Ministry please text for shipping precious, rare wood, the content stated: the origin of wood (where purchased, the Agency allowed), volume, type of wood, the shipping location (from where to where), shipping time. Enclosed are copies (photocopying) text please buy the wood and the opinion approved by the forestry administration where to buy wood.
A2) registration (for business users).
A3) profile of wood native to legitimate mining:-copy the profile design of extraction and forestry Ministry ordered the opening of the forest Department.
-Minutes of the test particle's Rangers in respect of processed wood seized, must have copies (photocoppy) decided to handle the Agency's Rangers and has endorsed the proposal of the FPD.
-Wood history of FPD in (specify number of hammer Rangers sign close to the wood).
b) for a licence to transport the precious forest animals, especially rare in Group IIA.
B1) Please text the forestry Ministry for transport of precious forest, rare animals, the content stating the origin of forest animals (where the traps are allowed), jungle animals names, quantities, shipping locations (from where to where), shipping time. Enclose the text please comments and traps of the forestry Ministry approval.
B2) the minutes of Rangers check in.
2. the FPD receives of resumes, check out the review to the Ministry leaders. After duỵêt, FPD licensed special transports for the objects please shipping.
When transported, the carrier must use a special shipping license key.
For the organizations and individuals who have been granted special transportation permit, the case must please extend the transports, the text must be presented clearly the reasons, the number of transported, the amount not yet shipped, renewals and have the time to check, confirmation of FPD in , to present the FPD test review process led The browser and then forest signed the renewal of shipping.
Receive this circular, the Ministry requested local forestry is responsible for the Organization and implementation guide and check the implementation of the Decree of 18-HĐBT and circulars in the local scope. For every violation, must check, set the minutes and handles the strict provisions of the current law.
The Bureau shall assist The Rangers followed, steering and each time the general situation to The leader report