Advanced Search

Circular 21/2016/tt-Bnnptnt: Regulations On The Main Harness And Leverage, Artisanal Production

Original Language Title: Thông tư 21/2016/TT-BNNPTNT: Quy định về khai thác chính và tận dụng, tận thu lâm sản

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The CIRCULAR regulates the main harness and leverage, artisanal production _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law to protect and develop forests in 2004;
Pursuant to Decree No. 199/2013/ND-CP dated 26/11/2013 of government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
Pursuant to Decree No. 23/2006/ND-CP dated 03/03/2006 by the Government on the implementation of the law on the protection and development of forests;
Pursuant to Decree No. 117/2010/ND-CP on 24/12/2010 the Government held a special forest management systems;
Pursuant to decision No. 17/2015/QĐ-TTg dated 9/6/2015 of the Prime Minister about issuance of protective forest management regulation;
At the suggestion of the General Director of the Forestry Bureau;
The Minister of agriculture and rural development issued a circular regulating the main harness and leverage, the recovered forest products: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. Scope this circular defined the main harness and leverage, artisanal, wood forestry products besides wood in natural forests, planted forests and the plants on the outer area of the planning for the forestry industry with the species of wood and forest products out of wood.
2. apply object a) Forest Owners are organizations, households, individuals, communities are the State Affairs, forest, land rental, leasing the land to use long term stability on forestry purposes under the provisions of the law on the protection and development of forests.
b) organizations, individuals in and outside the country are related to mining activities, leverage, artisanal wood and forestry products besides wood.
Article 2. Explanation of terms In this circular, the terms below are interpreted as follows: 1. the primary extraction of natural forest wood: tree felling is the forest to timber economic purpose is primary, while ensuring the development of sustainable forest use, already identified in sustainable forest management approach according to the current rules of the State.
2. Logging serves premises necessities: the felling timber forest crops intended to use directly for the construction of the public work of the rural population; do houses, the essential needs of households and individuals in place of forests as defined by the State.
3. Make use of wood: the advantage of the trees in the process of implementation of forestry measures, scientific research and clearance of projects when converting forest uses.
4. Recovery of wood: is the collection of trees were splintered and the nearby, die due to natural disasters; fire wood, dried wood, twigs, is tops in the forest.
5. the Advisory Unit: is the competent organization, expertise to undertake the investigation, design business.
6. Incest forest-exploiting natural wonders: is the period of time between two successive primary extraction.
7. the main extraction technique of low impact: is technical measures applied in the process of logging in order to minimize the impact on the ecosystem to maintain the forest's development process.
8. Places of extraction: is the name of the batch, memorable moments, along with the forests of rural communes, districts, the province name.
Article 3. Forest criteria taken into the main harness and leverage, artisanal, wood forestry products besides wood 1. An area of the forest has been the competent State agencies, rental management, use as defined by law or are the people's committees of provinces and cities under central (here written as provincial people's Committee) for approval.
2. Ensure the implementation of forest regeneration measures, minimize the negative impact to the ecosystem and the ability of the forest room, in compliance with the provisions of the law on the protection and development of forests, protect the environment and conserve biodiversity.
Chapter II SPECIFIC PROVISIONS 1. The MAIN HARNESS, UTILISE, ARTISANAL WOOD article 4. The main natural forest timber exploitation 1. The main timber exploitation of natural forests only make to have forest sustainable forest management as defined by the State, has a certificate in sustainable forest management and to be the Prime Minister.
2. The object of forest production Forest exploitation is natural forest through the exploitation of mining or have a minimum recovery rotating States exploited that meet the following criteria: a) timber reserves to broad-leaf Evergreen Forest reaches: from 150 m3/ha or more.
Broad-leaved deciduous woodland half from 130 m3/ha or more.
Deciduous dipterocarp forest from 110 m3/ha or more.
Coniferous forest from 130m3/ha or more.
Mixed forests with bamboo bamboo wood delivered from 80 m3/ha or more.
b) reserves of the plant reached the glass level exploit in the batch must be greater than 30% of the total forest reserves of that batch.
c) trees were tapped (unless the tree is cut when making export route, shipping, timber yards) is the tree has the mature technology and depending on the type of tree, must reach the minimum diameter measured at the location of the stem surface 1.3 meters (D1, 3 m) :-Group I and II: 45 cm;
-Group III to Group VI: 40 cm;
-Group VII and VIII: 35 cm.-trees they oil in deciduous forest (dipterocarp forest) and evergreen tree dam airport, vatica mangachapoi, mimusops elengi: minimum diameter is 35 cm. 3. Order and procedure of extraction license a) Forest Owners build or hire consultants to build mining design profile according to the instructions in circular No. 87/2009/TT-BNNPTNT on December 31, 2009 of the Ministry of agriculture and rural development on the song guide mining selection design of natural forest wood , send 1 to the Department of agriculture and agricultural development to approve and license the exploitation. The Department of agriculture and the development of writing and receipt records for forest owners.

b) records include: paper suggest mining license; Profile mining design; incense of sustainable forest management; Certification of sustainable forest management, the text of the Prime Minister and other related records.
c) time limit to solve: within 3 working days from the date of receiving the application, if not yet valid receiver records must inform the owner of the forest to supplement according to the regulations.
Within 10 working days from when it receives a valid profile, Department of agriculture and develop rural approval, nong licensed mining and charged the results for forest owners.
4. The organization and exploitation of wood a forest Owner organizations exploit) or contract with the unit has the function extraction process, low impact mining engineering; proceed to make the tree tops, branches are cut when making export route, shipping, timber yards.
b) Wood after it is cut, cut the tops of forest owners to conduct trials, record numbers on top of the wood, measure the calculated counting slang volume and set the table. The total volume of wood have exploited the fact each batch of forest compared to the total volume of wood is licensed exploitation beyond the maximum is 10%; If exceeds 10%, the owner of the forest report Department of agricultural and rural development fact check the correct felling the tree tight post shall be collecting consumption; cases not properly tight tight post tree must handle the violation in accordance with the law.
5. Forest Management after extraction following the exploitation of forest owners must implement measures to manage, protect, nourish, enriching the forest to recover an area of the forest according to the regulations of the State.
Article 5. Exploitation of natural forests served onsite necessities for personal, household, rural-residential community 1. Tapping a forest object) forest due to households, individuals, communities, State Affairs, for rent.
b) State Forest has not yet delivered, to hire are the people's committees at district level approval and meet the following criteria: broad-leaf Evergreen Forest must have reserves of over 120 m 3/ha;
The mixed forests of bamboo and bamboo wood delivery must have reserves of wood on 70 m3/ha and have at least 10 trees per hectare reaches the diameter D1, 3 m from 30 cm or more.
2. Order a mining license procedures) Before 30 November each year the forest owner's household, personal, rural-residential community which needs defining natural forest timber volume need harness (must not exceed 10 m3 of round wood/households), numbered lists, setting the tree harness , then submit lists of people's committees of communes, wards and towns (hereinafter referred to as the social people's Committee). The township-level people's committees of the aggregate volume of natural forest logging all the township-level people's Committee approval before December 31 every year.
b) within a period of 10 working days from the receipt of the text of the social people's Committee, the people's Committee at district level mining license for each server and send the results on people's Social Committee. The case is not licensed must send a text stating the reason.
c) within 5 working days from receipt of the results or the license text is not licensed by the people's Committee at district level, the social level of people's committees and the notices delivered timber permit for household, personal, community, to perform.
3. Organization and exploitation of wood household, personal, community organizer harnessed in the correct number of trees and the volume licensing; tap done social people's Committee reported a confirmation to put to use.
Article 6. The main harness, utilise, artisanal wood plantations in forest production, forest guard 1. The main harness, utilise, recovered the wood production forest is a planted forest) exploitation, plantation wood recovery, focusing in the production forests by forest owners decide, if exploited must replant new forest White right service afforestation.
b) before exploiting leverage, make the currency reporting Wood writing with authority about the place, the volume of wood exploited to aggregate reporting, monitoring, monitoring of the implementation process and certify the origin of wood when the circulation to consumption, in particular: the forest Owner is held, send lists of forest products to the Nuts foresters in or FPD (where no seeds Rangers).
The forest owner is households, individuals, communities, send lists of forest products to the people's Committee of social level.
c) Mining Organization, leveraging, artisanal and forestry: the forest Owner organizations exploit, utilize, recovered as specified; counting and volume calculation table forest products after extraction, make use of, to take advantage of currency ".
2. the main harness, utilise, artisanal wood plantations in the forest protective a) exploit and make use of protective forest wood recovery, follow article 15 regulation protective forest management attached to decision No 18/2015/QĐ-TTg dated 9/6/2015 of the Prime Minister.
b) sequence, the extraction procedure, advantage, avail currency: DIY or Forest Owners hired consultants to investigate building design profile, exploit, utilize, artisanal and submit records to the authority, in particular: the forest Owner is sent directly to 1st Department of agriculture and rural development. The Department of agriculture and the development of writing and receipt records for forest owners.
The forest owner is household send directly the 1st records of district-level people's committees. The people's Committee at district level and the pay receipt records for forest owners.
c) records include: paper proposal to license the exploitation, extraction design profile, make use of, to take advantage of currency.
d) time limit to solve:

Within 3 working days from the date of receiving the application, if not yet valid receiver records must inform the owner of the forest to supplement according to the regulations.
Within 10 working days from receipt of valid records, licensing authorities and charged the results for forest owners.
DD) Organization to exploit, utilize, artisanal and forestry: the forest Owner organizations exploit, utilize, recovered as specified; counting and volume calculation table forest products after the exploit, utilize, artisanal.
Article 7: harvesting of rubber; forest garden wood, garden houses, farms, crops and disperse a) harvesting of rubber; forest garden wood, garden houses, farms, plants disperse by individual organizations to decide.
b) case should confirm the origin of wood then before dig, make use of, make the currency reporting wood in writing with the people's Committee of social place, the volume of wood exploited to aggregate reporting, monitoring, monitoring of the implementation process and certify the origin of wood when traffic consumption.
Article 8. Take advantage of the natural forest wood 1. Object a) transfer of forest wood on the purpose of use to other purposes in accordance with the law.
b) must cut Wood when implementing forestry measures (renovating the forest, nurtured a forest, forest clearings, forest enrichment sniper, jungle-like metabolism, to afforestation).
2. eligibility: a) make use of wood on an area of the forest transfer purpose use to other purposes: The advantage of the wood is on the basis of compensatory approach clearance of forests are the competent State agencies for approval.
b) to make use of the wood in the process of implementation of forestry measures, scientific research: The advantage of wood is performed after the forestry project born, planning training or scientific research outline was approved by the authority.
3. The procedures take advantage of organizations or individuals are allowed to make use of established lists, counting measuring forest products leverage and sent lists of forest products to the competent authorities for reporting, tracking, monitoring in the process of leveraging and confirm the source of wood when the circulation, consumption , specifically: a) forest is held, send lists of forest products to the Nuts foresters or FPD (where no nuts foresters).
b) forest is households, individuals, communities, send lists of forest products to the people's Committee of social level.
3. organizations make use of wood and forest Owner organizations make use of the wood under the compensatory approach clearance or forestry projects, training plan, the approved research outline; the home advantage timber the forest counting calculating volume, set lists and Nuts foresters forest products facility in known, confirm the source when the circulation, consumption.
Article 9. Take advantage of the natural forest wood collection 1. Artisanal wood: Wooden objects were broken, do die due to natural disasters; fire wood, dried wood, stems, tops in the forest production, forest sector and the administrative services of the National Park, nature reserves, landscape, species conservation.
2. Order the free forest recovery procedures to verify, calculate, tabulate statistics forest products to take advantage of currency; send lists of forest products to the authorities to follow up, artisanal process monitoring and certifying the origin of wood when the circulation to consumption, in particular: a) forest is held, send lists of forest products to the Nuts foresters in or FPD (where no Nuts foresters).
b) forest is households, individuals, communities, send lists of forest products to the people's Committee of social level.
3. The organization recovered wood and Forest Owners organized to take advantage of currency in the correct table established the forest products and the Nuts foresters in know, confirm the source when consuming traffic; in the process of recovery is not open new export route, transportation and must take measures to protect forests under the provisions of the law.
Section 2. EXPLOIT, UTILIZE, ARTISANAL PRODUCTION BEYOND the WOOD article 10. Exploit and make use of, artisanal products out of wood in the endangered species, rare and precious species are protected under the priority provisions of the law in the forest production, forest guard 1. Exploit, utilize, artisanal products out of wood in the endangered species, rare and precious species of priority protection must comply with the provisions of Decree No. 32/2006/ND-CP dated 30 March 2006 from the Government on the management of forest plants, endangered forest animals, precious, rare; Decree No. 160/2013/ND-CP on November 12 in 2013 by the Government on the criteria defining species and species management mode in the category endangered, rare, precious is preferred; Decision No. 17/2015/QĐ-TTg dated 9/6/2015 of the Prime Minister issued the regulation of forest management.
2. The order and procedure of extraction, make use of, to take advantage of currency a) automatic verification, establishment of Forest Owners lists forest products extraction, make use of, make the currency stating the volume, type of forest products and places exploited, leverage, currency; send the 1st direct records of the Department of agriculture and rural development to exploit and license tracking, monitoring of the implementation process. The Department of agriculture and the development of writing and receipt records for forest owners.
b) records include: paper proposal to license the exploitation, extraction of forest products statistics table.
c) time limit to solve: within 3 working days from the date of receiving the application, if not yet valid Department of agriculture and rural development must inform the owner of the forest to supplement according to the regulations.
Within 10 working days from when it receives a valid profile, Department of agriculture and rural development, mining license and paid results for forest owners.

3. organizations exploit, utilize, artisanal and forestry forest Owner organizations exploit, utilize, according to artisanal mining licences and forest products statistics table set; counting and volume calculation table forest products after the exploit, utilize, artisanal.
Article 11. Exploit, utilize, artisanal products out of wood not in precious, rare, endangered species are protected under the priority provisions of the law 1. For production forests: Forest Owners themselves, setting up verification lists forest products extraction, make use of, make the currency stating the volume, type of forest products, mining, leverage, recovered and sent back to the track, authority in monitoring the implementation process and certify the origin of forest products when the circulation of specific consumption : Home Organization, forest is sent lists of forest products to the Nuts foresters in or FPD (where no Nuts foresters).
The forest owner is households, individuals, communities, send lists of forest products to the people's Committee of social level.
2. for protective forests: a) the extraction of forest products in the forest guard under article 16 of decision 17/2015/QĐ-TTg dated 9/6/2015 of the Prime Minister issued the regulation of forest management.
b) sequence, the extraction procedure, take advantage of the free forest recovery, verification, establishment lists forest products extraction, make use of, make the currency stating the volume, type of forest products, mining, leverage, recovered and sent to the authority, in particular: the forest Owner is held the 1st direct records of the Department of agriculture and rural development to exploit and license under monitoring of the implementation process. The Department of agriculture and the development of writing and receipt records for forest owners.
The forest owner's personal household send directly 1 the records of people's committees at district level to exploit and license tracking, monitoring of the implementation process. the people's committees at district level and the pay receipt records for forest owners.
c) records include: paper suggest mining licenses, lists of forest products.
d) time limit to solve: within 3 working days from the date of receiving the application, if not yet valid receiver records must inform the owner of the forest to supplement according to the regulations.
Within 10 working days from receipt of valid records, licensing authorities and charged the results for forest owners.
3. for special-purpose forests: a) the extraction of forest products in the forest of special purpose must comply with article 21 of Decree 117/2010/ND-CP on 24/12/2010 the Government managed forest systems of organization of special purpose.
b) sequence, the extraction procedure, advantage, avail themselves of the Forest Owners: verification, establishment lists forest products extraction, make use of, make the currency stating the volume, type of forest products, mining, leverage, artisanal and send the 1st direct records of the Department of agriculture and rural development to exploit and license tracking monitoring of the implementation process. The Department of agriculture and the development of writing and receipt records for forest owners.
c) records include: paper suggest mining licenses, lists of forest products.
d) time limit to solve: within 3 working days from the date of receiving the application, if not yet valid Department of agriculture and rural development must inform the owner of the forest to supplement according to the regulations.
Within 10 working days from when it receives a valid profile, Department of agriculture and rural development, mining license and paid results for forest owners.
4. the celebrated exploit, utilize, artisanal and forestry forest Owner organizations exploit, utilize, recovered as specified; counting the volume calculations, created after the forest products statistics dashboard exploit, utilize, artisanal foresters in Seeds report said, confirming the origin of forest products when traffic consumption.
Chapter III IMPLEMENTATION article 12. The responsibility of the forest and mining unit 1. Perform the procedure on harnessing and leveraging, artisanal, wood forestry products besides wood specified in this circular.
2. Be responsible before the law for the accuracy of the profile design of extraction, and the related texts by themselves to build, register, report, or proposal.
3. Self hosted harness and leverage, artisanal, wood forestry products besides wood. Responsible before the law about the violation (if any) occurred in the process of preparation, file extraction, mining organizations, created lists of forest products and other related procedures under the provisions of the current law.
4. Done right report mode as specified in article 19 of this circular.
Article 13. The responsibility of people's Social Committee 1. Done properly the duties and powers of the reception, settlement and mining procedures make use of recovered wood, forest products out of wood on the provisions of this circular.
2. Be responsible before the law on validation and test results, his supervisor regarding the forest owners, forestry unit, forest products on the area of town management.
4. Propose to the people's committees at district level to timely solve the difficulties and problems of forest owners, units in the harness and leverage, artisanal, wood forestry products besides wood.
5. Done right report mode as specified in article 19 of this circular.
Local Rangers, forestry officers to help Township people's Committee Chairman social duties stipulated in this article.
Article 14. Responsibilities of district-level people's committees

1. Perform the right tasks, powers in the reception, settlement and mining procedures, artisanal, wood forestry products besides wood on the district, town or city in the provisions of this circular. Check monitoring, settling, processing and extraction procedures, artisanal, wood forestry products besides wood of the social people's Committee.
2. Be responsible before the law on validation, licensing and inspection results, his supervisor in the harness and leverage, artisanal, wood forestry products besides wood district.
3. Proposed provincial people's Committee determined the difficulties and problems of forest owners in exploiting and leveraging, artisanal, wood forestry products besides wood.
4. Done right report mode as specified in article 19 of this circular.
Nuts foresters district, the function rooms of the district people's Committee Chairman helps districts implement the tasks specified in this article.
Article 15. The responsibility of the provincial people Committee 1. Done properly the duties and powers in the process of resolving the exploit and leverage, artisanal, wood forest products outside the province's wood specified in this circular.
2. Steering committees at district level, social agencies and implement state management functions on the protection and development of local forests.
3. Delivery Plan for sustainable exploitation of natural forest timber for the organization.
4. is responsible to the Prime Minister, if happens to violate in the harness, utilize and take advantage of collecting wood, forest products out of wood on the province.
5. check steering, monitoring the resolution of extraction procedures, leveraging and recovered wood, forest products in addition to the wood of the Department of agriculture and rural development, the people's committees at district level, the social level.
6. Implement the reporting regime under the provisions of article 19 of this circular.
The Department of agriculture and rural development to help people's Committee Chairman granted the duties stipulated in this Article.
Article 16. The responsibility of the Department of agriculture and rural development 1. Done properly the duties and powers of the receiving process, resolve the procedure exploits and make the, artisanal, wood forest products outside the province's wood specified in this circular.
2. Detailed instructions about the unified implementation of the content of the forms and other documents related to the procedure of the exploit and leverage, artisanal, wood forestry products besides wood specified in this circular to apply locally.
3. check monitoring, settling, processing and extraction procedures, artisanal, wood forestry products besides wood of district-level people's committees, communal level. Proposed provincial people's Committee or the people's committees required at district level, social does not perform the extraction procedure and take advantage, artisanal, wood forestry products besides wood for the forest owner happens to violate or do not perform properly prescribed report mode.
4. Responsible to the Chairman of the provincial people's Committee, before the Minister of agriculture and rural development and the law on accuracy in getting approval to design sustainable logging of the Organization and address the extraction procedure, take advantage and make the wood collection beyond forest products, wood made by themselves.
5. Done right report mode as specified in article 19 of this circular.
FPD help Director of agriculture and rural development the task specified in this Article.
Article 17. The responsibility of the General Directorate of forestry industry 1. Done properly the duties and powers of the receiving process, resolve the procedure exploits and make the, artisanal, wood forestry products besides wood on national provisions of this circular.
2. reporting units eligible to make sustainable forest exploitation to the province, central cities under the direction of the Prime Minister.
4. Guide the Department of agriculture and rural development about content approval, licensing design sustainable logging. Periodically inspect annually the implementation process and manage the work of the local forest exploitation.
5. Handle the work arising in the field of exploiting and leveraging, artisanal, wood forest products out of wood under the authority is the Minister of agriculture and rural development.
Article 18. The Mission of the Ranger 1. Done properly the duties and powers of the receiving process, resolve the procedure exploits and make the, artisanal, wood forestry products besides wood specified in this circular under the area of responsibility.
2. Checking, monitoring, timely detection of violations in the harness and leverage, artisanal, wood forestry products in addition to the wood of the forest owners, mining units to timely proposed or processed according to the provisions of the law.
3. Perform verification of the volume of wood, forest products in addition to wood exploitation and take advantage of the recovery, as prescribed in this circular.
Article 19. The report about the exploit, utilize, collect forest products 1. The responsibility to report a) local Rangers are responsible for coordination with the forestry officials and the forest owner, the unit data-mining, extraction, and take advantage of the situation, artisanal, wood forestry products besides wood level people's Committee report (the report is saved in the/forest exploitation units).
b social people's Committee) reported Seeds Ranger District.
c) Nuts foresters General district people's Committee report at district level, at the same time the FPD report.
d) FPD the synthesis report the Department of agriculture and rural development.

e) Department of agriculture and rural development reported provincial people's Committee, and the report Of the Bureau of forestry.
f) provincial peoples Committee report the Ministry of agriculture and rural development.
g) forestry Directorate General, situation report the exploit and leverage, artisanal, wood forestry products besides wood.
2. States reported a) forest owners is held, local Rangers, forestry officials report township-level people's committees of communes to help people's Committee Chairman granted the district Ranger Beads report township on April 18.
b) Nuts foresters report district-level people's committees and the FPD on 20 monthly.
c) FPD report Province Department of agriculture and rural development at the same time help the Director report Of the Bureau of forestry and the provincial people's Committee on September 22.
d) provincial peoples Committee periodic report 6 months and yearly.
DD) Of Forestry Bureau Ministry July report; help the Ministry of agriculture and rural development reported the Government 6 months, 1 year.
3. content report a) extraction volume, leverage, artisanal wood natural forest, planted forests. b) extraction volume, leverage, artisanal products out of wood.
c) reviews the implementation process, rules in exploitation, make use of, to take advantage of currency; the difficulties and obstacles in the implementation process.
Article 20. Terms of implementation 1. This circular effect from August 15, 2016.
2. This circular replaces circular No. 35/2009/TT-BNNPTNT on 20/5/2011 guidance made artisanal mining, timber and forest products out of wood.
3. To annul the regulations on article the closed plants and hammer the hammer at the tree article text: circular 70/2010/TT-BNNPTNT on 24/10/2011 about modifying, supplementing the content of circular No. 35/2009/TT-BNNPTNT on February 20, 2011 on the Guide made artisanal mining, timber and forest products out of wood; Circular No. 87/2009/TT-NNPTNT on December 31, 2009 on selected mining design guide natural forest wood and decision No. 44/2006/QD-BNN on 01/6/2006 on the promulgation of regulations and close the hammer, hammer Rangers tree post of the Ministry of agriculture and rural development theatre.
4. Attached to this circular design profile: sample exploit, utilize, recovery, recovery of forest products (Appendix 1), lists the extraction of forest products (Appendix 2), the paper proposed the mining license (Appendix 3), logging and reporting form external wood products (Appendix 4) for use in the exploitation and implementation of reporting regimes defined in Media This investment.
5. in the implementation process, if there are obstacles to timely reflection of the Ministry of agriculture and rural development to guide and resolve./.