CIRCULAR additional amendments to some articles of the circular: 38/2007/TT-BNNPTNT 78/TT-BNNPTNT/25/2011 2011/TT-BNNPTNT 47/2012/TT-BNNPTNT 80/2011/TT-BNNPTNT 99/2006/TT-BKHCN.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 3/3/2006 Law enforcement by the Government on the development and protection of forests;
At the suggestion of the General Director of the Forestry Bureau;
The Ministry of agriculture and rural development issued a circular amending and supplementing some articles of the circular: 38/2007/TT-BNNPTNT 78/TT-BNNPTNT/25/2011 2011/TT-BNNPTNT 47/2012/TT-BNNPTNT 80/2011/TT-BNNPTNT 99/2006/TT-BKHCN.
Article 1. Modifying, supplementing circular No. 38/2007/TT-BKHCN on 25/4/2007 on the guidelines, the procedure of delivery of the forest, a forest, a forest recovery rental for organizations, households, individuals and rural communities 1. Section II be amended and supplemented as follows: "section II. The Order And DELIVERY PROCEDURES Of Forest, FOREST RENTAL 1. Delivery of a forest) of forests does not collect money using the State of the forest: forest interface does not collect money using the forest in the following cases:-delivery of special forest consists of national parks, nature reserves, landscape protection zones and forest research, scientific experiment for the forest management of special purpose , organization of scientific research and technological development, training, vocational forestry to management, protection and development of special purpose forests.
-Delivery of protective forest focus for the management of protective forest; delivery of the forest protective interspersed in the forest production for economic organization, forest protective dispersion for rural communities, households and individuals who are living in the forests where the township level; protective forest border Affairs for the armed forces to direct the management, protection and development of forests.
-Delivery of production forests as natural forests, planted forests, production forest for rural communities, households and individuals who are living in the forests where the township level direct to forestry production; the economic organization of forest tree seed production; economic units-Defense-Security Department of the people's armed forces; Special-purpose forest management, forest management, protective case in alternating production forests in the forest of special purpose, protective forest was given to the Management Board.
b) delivery of the forest there collect money using the State of the forest: forest interface is natural forest production, forest plantation is the production charge using forests for economic institutions.
2. delivery approach the forest a) before delivery of the forest people Committee authority as defined in article 24 of the Decree 23/2006/ND-CP to construct projects of forest, forest rental delivered the same level people's councils through people's Committee report and supervisor approval.
b) methods of forest must be delegated specifically about the current state of the local forest type; the need to manage use of the forest; the assigned object arranged in order of precedence (for the delivery of the forest to households, individuals must define limits delivered the forest) near the traffic area; progress plan; the responsibility and cost of implementation, ...
Forest communication projects must show each object allocated in the forest, on a map.
3. Quota allocated forests for household, individual quota allocated forests for households and individuals, due to the people's Committee of the district level people's committees recommendation to grant the approval on the basis of local forest fund but not exceed the maximum limits specified in article 22 of the Decree 23/2006/ND-CP. 4. The order and delivery procedures of forest, forest rental for household, personal and rural residential community forests for a) step 1: filing and receiving the profile review, suggest delivery of forest, forest-rental households, individuals and rural residential community filed directly or by post 1 record suggest handing the jungle rent the forest-level people's committees at the commune, the records include: + for household, personal communication: proposal (annex 1 attached to this circular); or forest rental proposal (Appendix 2 attached to this circular), the forest use plan (Appendix 3 attached to this circular).
+ For rural communities: proposal of forest communication (annex 4 attached to this circular); the forest management plan and the minutes of the meeting rural community reunification proposed delivery of the forest.
-Social Committee responsible: + reception records recommendations delivered forest, forest rental; written component certification records on appointment and paid results.
+ Consider recommendations handed forest, the forest of rental households, individuals, communities and villages; testing (the location, boundaries, disputes) forest areas as suggested by individual households, communities and villages to ensure the delivery of the forest base, conditions prescribed by law.
+ Validate and transfer recommendations assigned the forest, the forest of rental households, individuals, communities and villages to district-level people's committees.
The time step 1 no more than 10 (ten) working days from when the social people's Committee received the proposed profile delivered the forest, the forest of rental households, individuals, communities and villages.
b) step 2: evaluation and determine the current status of forest Seeds foresters district level or professional body in the people's committees at district level where no Nuts Foresters receive the recommended delivery profile of the forest, the forest of rental households, individuals, communities and villages due to the people's Committee of social transfers to the , is responsible for:-evaluation of the recommended delivery profile of the forest, the forest of rental households, individuals, communities and villages.
-Cooperation with the people's Committee of social organizations identify and assess the current state of the forest in the field. Test results and reviews the current state is established thereon clearly define the location, boundaries, area, State, forest maps, reserves, confirmed and signed by the representative of the people's Committee for social, the adjacent forest owners.
-Process-level people's committees to consider, decide, forest forest rental delivered to households, individuals, communities and villages.
The time taken to step 2 no more than 20 (twenty) working days.
c) step 3: decisions of the forest, the forest after receiving the delivery profile of the forest, by forest Rangers hire district level or professional bodies at district level, district level people's committees to consider, decide, forest forest rental delivered to households, individuals, communities and villages form the decision in annex 4 circular 38/2007/TT-BKHCN on 25/4/2007 of the Minister of agriculture and rural development guidelines, procedures for delivery of the forest, a forest, a forest recovery rental for organizations, households, individuals and rural communities (hereafter abbreviated as circular 38/2007/TT-BKHCN); forest rental contract for rent forest (Appendix 5 circular 38/2007/TT-BKHCN).
3-Step execution time not exceeding 3 (three) working days.
d) step 4: hand over the Woods after getting decisions, lease of forest people Committee at district level, district level Ranger Beads or professional body granting the district people's Committee in collaboration with the social organization of forest at the local console for household, personal, rural-residential community. The handover must clearly define the location, boundaries, area, State, forest maps, reserves and established thereon, be signed by the representative of the people's Committee of social, represented the adjacent forest owners form thereon in annex 5 and 6 circular 38/2007/TT-BKHCN.
Duration 4 Step not more than 3 (three) working days.
In the process of implementing the steps above work, if households, individuals, communities and villages are not eligible to be delivered, then the receiving agency forest was hired to return the records for individual households, rural residential community and announce clearly the reason not being delivered , was hired.

5. Order and delivery procedures of forest, forest for hire held a) step 1: filing the Organization demands of forest, forest rental filed directly or by post 1 the records at the Department of agriculture and rural development, records are:-delivery of forest, forest rental proposal (Appendix 5 attached to this circular);
-Management approach, sustainable use of forests (original).
The Department of agriculture and rural development received the recommended delivery profile of the forest, forest rental; written confirmation of the composition profile on appointment and paid results.
b) step 2: evaluation of profile and determine the current state of the forest after receiving a valid profile, Department of agriculture and rural development is responsible for:-chaired evaluation records suggest the intersection of forest, forest rental and perform other procedures under the provisions of the law before delivery of the forest, the forest.
-Hosted, in cooperation with the people's Committee at district level, the people's Committee of social organizations identify and assess the current state of the forest in the field expected delivery or for hire. Test results and reviews the current state of the forest is established thereon clearly define the location, boundaries, area, current status, reserve, map the forest and have signed the name of the representative of the people's Committee at district level, representatives of people's Social Committee, representing the owners of the adjacent forest.
-Establishment of the sheet attached to the profile, the provincial people's Committee to consider, decide, rent jungle for the organization.
Step 2 execution time not more than 30 (thirty) working days from receipt of valid records of the organization.
c) step 3: decisions of the forest, the forest after receiving the papers and records by the Department of agriculture and rural development, the provincial people's Committee, reviewed, signed the decisions on forest, forest rental for the Organization (Appendix 4 circular 38/2007/TT-BKHCN); forest rental contract for rent forest (Appendix 5 circular 38/2007/TT-BKHCN).
3-Step execution time not exceeding 3 (three) working days.
d) step 4: hand over the Woods after getting decisions, lease of forest people Committee, provincial Department of agriculture and rural development in collaboration with the people's Committee at district level, the social level of people's committees organized at the local forest console for the organization. The handover must clearly define the location, boundaries, area, State, forest maps, reserves and established thereon, have participated and signed the name of the representative of the people's Committee at district level, the social level of people's Committee as a model in Appendix 5 and 6 circular 38/2007/TT-BKHCN.
Duration 4 Step not more than 3 (three) working days.
In the process of implementing the steps above forest, forest, if the organization does not qualify to be delivered or rented, the forest Department of agriculture and rural development must return profile for the Organization and announce clearly the reason not being delivered or hire forest. ".
2. Repeal of section III; repeal annex 3.
Article 2. Modifying, supplementing circular No. 47/2012/TT-BNNPTNT on 25/9/2012 extraction management regulations from the natural and regular forest animal breeding 1. D clause 1 article 4 is modified and supplemented as follows: "d) A copy of business registration certificate or a certificate of registration has signed, stamped validation of the Organization; copies of certificates of registration of households or business identity citizen or proof of people's individual licensing recommendations; ".
2. Point c, d paragraph 1 article 5 be amended and supplemented as follows: "c) copies the text signed on the cooperation program of scientific research or decision making topics, projects, scientific research program for scientific research specimen has signed, stamped validation of the Organization; or a copy of the text agreed by the Ministry of agriculture and rural development for the exploitation of the diplomatic service, the exchange between the Zoo, nonprofit exhibition, circus performers and non-profit, exchanged specimens with the CITES management authorities of the Member States;
d) A copy of business registration certificate or certificate of business registration or establishment has signed, stamped validation. ".
3. Clause 1 and art. 3 article 8 be amended and supplemented as follows: "1. recommended profiles farm certification include: a) A certification proposal primary farm must clear the content: name, address, number of business registration certificate or certificate of business registration or establishment of the Organization; the species name, quantity, origin of farmed animals; farm location; Description farm according to annex 6 attached to this circular, there is confirmation of the people's Committee of social level;
b) copies the report environmental impact assessment or a copy of the environmental protection plan pursuant to the law on the protection of the environment.
3. The certificate and term of a farm certification) certificate must show clearly the content: name, address, number of business registration certificate or certificate of business registration or establishment of the Organization was granted; the name, quantity, origin of species under Appendix 7 attached to this circular. ".
4. Paragraph 1, paragraph 3 article 9 be amended and supplemented as follows: "1. organizations, households, individuals adopted the common forest animals send notification the basis common forest animals to people's Social Committee directly or by post. The paper reported the animal breeding base of the forest often articulates the content: the name, the address of the home base of breeding; the name, quantity, origin of species proposed raising; the adopted base locations according to the number of Form 8 attached to circular No. 47/2012/TT-BNNPTNT.
3. After the announcement, institutions, households, individuals adopted the common forest animals are formed as no. 10 form enclosed with the circular No. 47/2012/TT-BNNPTNT. ".
5. Removal model No. 6, model No. 7.
Article 3. Modify, Supplement c paragraph 3 article 5 of the circular No. 78/2011/TT-BNNPTNT on 11/11/2011 detailed provisions of Decree 117/2010/ND-CP on 24/12/2010 of the Government on the Organization and management of the system of special purpose forests as follows: "c) text of the scientific cooperation agreement has to be approved by the Authority (a copy certified by the organized theme Conference research); ".
Article 4. Additional amendments point a, point b Article 2, Paragraph 10 of circular No. 80/2011/TT-BNNPTNT on 23/11/2011 guide method of determining payments for environmental services of forests "a) A copy of the Court decision in the case lost the capacity for civil acts; the Court's statement is dead, missing.
b) A copy death certificate in the case of death. ".
Article 5. Repeal of section II of the 11th Clause circular No. 99/2006/TT-BKHCN on 06/11/2006 on the instructions of some articles about forest management regulations attached to decision No 186/2006/QD-TTg dated 14/9/2006 by the Prime Minister.
Article 6. To annul some articles of circular No. 25/2009/TT-BNNPTNT on 6/4/2011 modify, Supplement, abolish some regulations on administrative procedures in the field of protection of forest development under resolution No. 57/NQ-CP on December 15, 2010 are as follows: 1. Abolish the rules of order and procedure of delivery of the forest forest rental, in paragraph 1, item 2, Item 3, clause 4, Clause 5 of article 3.
2. the deregulation process, the procedure of storing samples, genetic resources of wild animals in paragraph 3 article 7.
Article 7. Terms of implementation 1. This circular effect since August 15, 2016.
2. During the implementation process, if there are concerns, organizations, personal reflections in time of Ministry of agriculture and rural development to address./.