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Official Gazette

Monday, July 24, 2017

Circular No. 21/2016/TT-BNNPTNT

Updated: 17:31’ - 06/10/2016
 
THE MINISTRY OF AGRICULTURE AND
RURAL DEVELOPMENT

 

No. 21/2016/TT-BNNPTNT

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness



Hanoi, June 28, 2016
 
CIRCULAR
Providing the harvest, extraction and
salvage of forest products

 
Pursuant to the 2004 Law on Forest Protection and Development;
Pursuant to the Government’s Decree No. 199/2013/ND-CP of November 26, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Government’s Decree No. 23/2006/ND-CP of March 3, 2006, on the implementation of the Law on Forest Protection and Development;
Pursuant to the Government’s Decree No. 117/2010/ND-CP of December 24, 2010, on organization and management of the special-use forest system;
Pursuant to the Prime Minister’s Decision No. 17/2015/QD-TTg of June 9, 2015, promulgating the Regulation on management of protective forests;
At the proposal of the General Director of the Vietnam Administration of Forestry;

The Minister of Agriculture and Rural Development promulgates the Circular providing the harvest, extraction and salvage of forest products.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Scope of regulation
This Circular provides the harvest, extraction and salvage of timber and non-timber forest products in natural forests and planted forests, and of plants which grow on non-forest land and have their names identical to those of timber or non-timber forest products.
2. Subjects of application
a/ Forest owners being organizations, households, individuals and communities that are allocated or leased forests or allocated or leased land by State for long-term permanent use for forestry purposes in accordance with the Law on Forest Protection and Development;
b/ Domestic and overseas organizations and individuals engaged in the harvest, extraction and salvage of timber of non-timber forest products.

Article 2. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. Harvest of timber in natural forests means the cutting down of forest trees according to current regulations of the State to collect timber mainly for economic purposes while still ensuring sustainable development and use of forests as determined in sustainable forest management plans.
2. Harvest of timber to serve essential needs of local inhabitants means the cutting down of forest trees according to regulations of the State to collect timber for construction of common-use works of village communities or construction of houses or other essential needs of households and individuals in areas where forests exist.
3. Extraction of timber means the extraction of timber trees in the course of implementing silvicutural measures, conducting scientific research or clearing the ground for projects upon change of forest use purposes.
4. Salvage of timber means the collection of timber trees which fall or die due to natural disasters; and residual burnt timber, decayed timber and branches in forests.
5. Consultancy unit means a professional organization competent to conduct forest survey and design for business.
6. Harvest rotation of natural forests means the interval between two consecutive harvests.
7. Reduced impact timber harvesting techniques means technical measures applied in the process of harvesting timber to minimize impacts on eco-systems and maintain the growth of forests.
8. Place-name of harvest area means the name of a forest lot, plot or sub-zone, followed by the name of the village, commune, district and province accommodating the forest.

Article 3. Criteria for forests to be put for harvest, extraction and salvage of timber and non-timber forest products
1. Forest areas which have been leased or assigned for management and use by competent state agencies as prescribed by law or approved by People’s Committees of provinces or centrally run cities (below referred to as provincial-level People’s Committees).
2. Implementation of forest regeneration measures, mitigation of negative impacts on eco-systems and protective capacity of forests, observance of the law on forest protection and development, protection of the environment and conservation of bio-diversity.
Chapter II
SPECIFIC PROVISIONS
Section 1
HARVEST, EXTRACTION AND SALVAGE OF TIMBER
 
Article 4. Harvest of timber in natural forests
1. Only forest owners who have worked out a sustainable forest management plan as prescribed by the State, possess a certificate of sustainable forest management and have obtained permission from the Prime Minister may harvest timber in natural forests.
2. Harvestable forests
Production forests being natural forests which have never been harvested or have been harvested and rehabilitated after at least one harvest rotation and meet the following criteria:
a/ Timber reserves must reach:
At least 150 m3/hectare, for evergreen broadleaf forests.
At least 130 m3/hectare, for semi-deciduous broadleaf timber forests.
At least 110 m3/hectare, for dipterocarp forests.
At least 130 m3/hectare, for needleleaf forests.
At least 80 m3/hectare, for mixed timber and bamboo forests.
b/ The timber reserves of trees reaching the harvestable diameter in a lot must be equal to at least 30% of the total reserves of such lot;
c/ Harvestable trees (except those which have to be cut down when building skid trails, roads and landings) are trees having reached the technical rotation age and, depending on each type of tree, a minimum trunk diameter measured at the height of 1.3 meter above the ground (D1.3m) as follows:
- 45 cm, for trees of groups I and II;
- 40 cm, for trees of groups III and VI;
- 35 cm, for trees of groups VII and VIII;
- 35 cm, for timber trees of dipterocarpaceae species (dipterocarp forests) and pyinkado, apitong and lauan meranti trees.
3. Order and procedures for grant of a harvest license
a/ A forest owner shall make or hire a consultancy unit to make a harvest planning dossier according to the Ministry of Agriculture and Rural Development’s Circular No. 87/2009/TT-BNNPTNT of December 31, 2009, guiding the planning of selective harvest of timber in natural forests, and send a dossier set to the provincial-level Agriculture and Rural Development Department for approval and licensing. The provincial-level Agriculture and Rural Development Department shall issue a dossier receipt to the forest owner;
b/ A dossier must comprise an application for a harvest license; a harvest planning dossier; a sustainable forest management plan, a certificate of sustainable forest management, the Prime Minister’s written permission and other relevant documents;
c/ Time limit for dossier processing:
In case the dossier is invalid, within 3 working days after receiving it, the dossier-receiving agency shall notify such to the forest owner for dossier supplementation according to regulations.
Within 10 working days after receiving a valid dossier, the provincial-level Agriculture and Rural Development shall approve the dossier, grant a harvest license and notify the dossier processing result to the forest owner.
4. Conducting the harvest and acceptance testing of timber
a/ A forest owner shall harvest, or enter into a contract with a qualified unit, to harvest timber by reduced impact timber harvesting techniques; and extract branches and trees which have to be cut down when building skid trails, roads and landings;
b/ After cutting down and removing branches from trees, the forest owner shall carry out acceptance testing, inscribe serial number on bottoms of logs, measure, count and calculate the volume of timber and make an inventory of forest products. The total volume of timber actually harvested in a forest lot may exceed the licensed harvestable volume for such lot by 10% at most; in case such rate is higher than 10%, the forest owner shall report such to the provincial-level Agriculture and Rural Development Department for the latter to conduct physical inspection; in case trees which have been cut down are those marked for cut-down, the timber volume shall be accepted for sale; in other cases, the violation shall be handled in accordance with law.
5. Post-harvest forest management
After harvesting timber, forest owners shall implement forest management, protection, tending and enrichment measures so as to restore forest areas in accordance with regulations of the State.

Article 5. Harvest of timber in natural forests to serve essential needs of local households, individuals and village communities
1. Harvestable forests
a/ Forests allocated or leased by the State to households, individuals or communities;
b/ The harvest of timber in forests not yet allocated or leased by the State must be approved by district-level People’s Committees and the forests must meet the following criteria:
Evergreen broadleaf forests must have timber reserves of above 120 m3/hectare;
Mixed timber and bamboo forests must have timber reserves of above 70 m3/hectare with at least 10 trees of a diameter (D1.3m) of at least 30 cm per hectare.
2. Order and procedures for granting a harvest license
a/ Before November 30 every year, each forest owner being a household, an individual or a village community in a commune, ward or township that wishes to harvest timber shall determine the volume of timber to be harvested in natural forests (not exceeding 10 m3 of log timber per household), number, and make an inventory of, to-be-harvested trees and send such inventory to the People’s Committee of the commune, ward or township (below referred to commune-level People’s Committee). The commune-level People’s Committee shall summarize the volume of timber to be harvested in natural forests in its commune for submission to the district-level People’s Committee for approval before December 31 every year;
b/ Within 10 working days after receiving a report from the commune-level People’s Committee, the district-level People’s Committee shall grant harvest licenses on a case-by-case basis and send results to the commune-level People’s Committee. In case of refusal, it shall issue a written reply clearly stating the reason;
c/ Within 5 working days after receiving a license or a written refusal from the district-level People’s Committee, the commune-level People’s Committee shall notify and hand over the harvest license to the concerned household, individual or village community.
3. Harvest and acceptance testing of timber
Households, individuals and communities shall harvest timber in the number and volume as licensed; after completing the harvest, they shall make a report to commune-level People’s Committees for certification for use of the harvested timber.

Article 6. Harvest, extraction and salvage of planted timber trees in production forests and protective forests
1. Harvest, extraction and salvage of planted timber trees in production forests
a/ The harvest, extraction and salvage of planted timber trees in production forests shall be decided by forest owners; in case of clear-cutting, forest owners shall re-plant forests right at the next forest crop;
b/ Before harvesting, extracting and salvaging timber, a forest owner shall report in writing to a competent authority on the place name(s) of the harvest area(s) and the timber volume to be harvested for the latter to summarize reports, monitor and supervise the harvest and certify the origin of timber put into circulation or sale, specifically:
If the forest owner is an organization, it shall send the inventory of forest products to the local Forest Protection Station or provincial-level Forest Protection Sub-Department (for localities without Forest Protection Stations);
   If the forest owner is a household, an individual or a community, it/he/she shall send the inventory of forest products to the commune-level People’s Committee.
c/ Harvest, extraction, salvage and acceptance testing of forest products
A forest owner shall harvest, extract and salvage forest products according to regulations; measure, count and calculate the volume and make an inventory of harvested, extracted and salvaged forest products.
2. Harvesting, extraction and salvage of planted timber trees in protective forests
a/ The harvest, extraction and salvage of planted timber trees in protective forests must comply with Article 15 of the Regulation on management of protective forests promulgated together with the Prime Minister’s Decision No. 17/2015/QD-TTg of June 9, 2015;
b/ Order and procedures for harvest, extraction and salvage:
A forest owner shall conduct surveys and make a harvest, extraction and salvage planning dossier or hire a consultancy unit to do so, and:
If the forest owner is an organization, it shall send directly 1 dossier set to the provincial-level Agriculture and Rural Development. The provincial-level Agriculture and Rural Developments shall issue a dossier receipt to the forest owner;
If the forest owner is a household, it shall send directly 1 dossier set to the district-level People’s Committee. The district-level People’s Committee shall issue a dossier receipt to the forest owner;
c/ A dossier must comprise an application for a harvest license and a harvest, extraction and salvage planning dossier;
d/ Time limit for dossier processing:
In case a dossier is invalid, within 3 working days after receiving it, the dossier-receiving agency shall notify such the forest owner for dossier supplementation according to regulations;
Within 10 working days after receiving a valid dossier, the licensing agency shall approve the dossier, grant a harvest license and return the result to the forest owner.
dd/ Harvest, extraction, salvage and acceptance testing of timber
A forest owner shall conduct the harvest, extraction and salvage according to regulations and measure, count and calculate, and make an inventory of, harvested, extracted and salvaged forest products.

Article 7. Harvest of rubber timber; harvest of timber in forest gardens, gardens, farms and harvest of scattered trees
a/ The harvest of rubber timber; harvest of timber in forest gardens, gardens and farms and harvest of scattered trees shall be decided by organizations and individuals themselves;
b/ In case an organization or individual needs certification of origin for its/his/her timber, before conducting the harvest, extraction and salvage of timber, it/he/she shall report in writing to the commune-level People’s Committee on the place name(s) of the harvest area(s) and the volume of harvested timber for the latter to summarize reports and monitor and supervise the harvest and certify the origin of timber put for circulation or sale.

Article 8. Extraction of timber in natural forests
1. To-be-extracted timber
a/ Trees in forest areas subject to change of use purposes as prescribed by law;
b/ Trees which have to be cut down upon implementation of silvicutural measures (forest improvement, forest tending, forest thinning, forest enrichment, transformation of forests into seed stands or reclamation for forestation).
2. Conditions:
a/ Extraction of timber in forest areas subject to change of use purposes:
The extraction of timber in a forest area shall be based on the approved plan on compensation for ground clearance for such forest area;
b/ Extraction of timber in the course of implementing silvicutural measures or conducting scientific research:
The extraction of timber shall be conducted after silvicutural projects, training plans or scientific research outlines are approved by competent authorities.
3. Order and procedures for extraction of timber
An organization or individual licensed to extract timber shall measure, count and make an inventory of forest products to be extracted and send such inventory to a competent agency for the latter to summarize reports, monitor and supervise the extraction and certify the origin of timber put for circulation or sale, specifically:
a/ If the forest owner is an organization, it shall send the inventory of forest products to the local Forest Protection Station or Forest Protection Sub-Department (for localities without Forest Protection Stations);
 b/ If the forest owner is a household, an individual or a community, it/he/she shall send the inventory of forest products to the commune-level People’s Committee.
3. Extraction and acceptance testing of timber
The forest owner shall conduct the extraction of timber according to approved plans on compensation for ground clearance, or approved silvicutural projects, training plans or scientific research outlines; measure, count and calculate the volume of extracted timber, make an inventory of forest product and report it to the local Forest Protection Station for the latter to certify the origin of timber put for circulation or sale.

Article 9. Salvage of timber in natural forests
1. To-be-salvaged timber: Trees falling or dying due to natural disasters; burnt trees, decayed trees and residual branches in production forests, protective forests and administrative-service sub-zones of national parks, nature reserves and species or habitat conservation areas.
2. Order and procedures for salvage
A forest owner shall verify, calculate and make an inventory of forest products to be salvaged and send such inventory to a competent authority for the latter to monitor and supervise the salvage and certify the origin of timber put for circulation or sale, specifically:
a/ If the forest owner is an organization, it shall send the inventory of forest products to the local Forest Protection Station or Forest Protection Sub-Department (for localities without Forest Protection Stations);
 b/ If the forest owner is a household, an individual or a community, it/he/she shall send the inventory of forest products to the commune-level People’s Committee.
3. Salvage and acceptance testing of timber
A forest owner shall salvage timber according to the inventory of forest products it/he/she has made and report such to the local Forest Protection Station for the latter to certify the origin of timber put into circulation or sale; in the course of salvage, the forest owner may not open new skid trails or roads and shall take measures to protect forests in accordance with law.
Section 2
HARVEST, EXTRACTION AND SALVAGE OF NON-TIMBER FOREST PRODUCTS
 
Article 10.  Harvest, extraction and salvage of non-timber forest products being endangered, precious and rare species prioritized for protection as prescribed by law in production forests and protective forests
1. The harvest, extraction and salvage of non-timber forest products being endangered, precious and rare species prioritized for protection must comply with the Government’s Decree No. 32/2006/ND-CP of March 30, 2006, on management of endangered, precious and rare fauna and flora species; the Government’s Decree No. 160/2013/ND-CP of November 12, 2013, on criteria for identifying, and management of, species on the list of endangered, precious and rare species prioritized for protection; and the Prime Minister’s Decision No. 17/2015/QD-TTg of June 9, 2015, promulgating the Regulation on management of protective forests.
2. Order and procedures for harvest, extraction and salvage
a/ A forest owner shall verify and make an inventory of forest products to be harvested, extracted or salvaged, clearly stating the quantity and categories of the forest products, and the place-name(s) of the harvest area(s); and send 1 dossier set to the provincial-level Agriculture and Rural Development Department for the latter to license, monitor and supervise the harvest, extraction or salvage. The provincial-level Agriculture and Rural Development Department shall issue a dossier receipt to the forest owner;
b/ A dossier must comprise an application for a harvest license and an inventory of forest products to be harvested;
c/ Time limit for dossier processing:
In case a dossier is invalid, within 3 working days after receiving it, the provincial-level Agriculture and Rural Development Department shall notify such to the forest owner for dossier supplementation according to regulations;
Within 10 working days after receiving a valid dossier, the provincial-level Agriculture and Rural Development shall grant a harvest license and return the result to the forest owner.
3. Harvest, extraction, salvage and acceptance testing of forest products
The forest owner shall conduct the harvest, extraction and salvage according to the harvest license and the inventory of forest products it/he/she has made; and measure, count and calculate the quantity, and make an inventory of harvested, extracted and salvaged forest products.

Article 11. Harvest, extraction and salvage of non-timber forest products other than endangered, precious and rare species prioritized for protection as prescribed by law
1. For production forests:
A forest owner shall verify and make an inventory of forest products to be harvested, extracted or salvaged, clearly stating the quantity and categories of the forest products, and the place-name of the harvest area(s) and send such inventory to a competent authority for the latter to monitor and supervise the harvest, extraction and salvage and certify the origin of forest products put into circulation or sale, specifically:
If the forest owner is an organization, it shall send the inventory of forest products to the local Forest Protection Station or Forest Protection Sub-Department (for localities without Forest Protection Stations);
If the forest owner is a household, an individual or a community, it/he/she  shall send the inventory of forest products to the commune-level People’s Committee.
2. For protective forests:
a/ The harvest of forest products in protective forests must comply with Article 16 of the Prime Minister’s Decision No. 17/2015/QD-TTg of June 9, 2015, promulgating the Regulation on management of protective forests;
b/ Order and procedures for harvest, extraction and salvage
A forest owner shall verify and make an inventory of forest products to be harvested, extracted or salvaged, clearly stating the quantity and categories of the forest products, and the place-name of the harvest area(s); and:
If the forest owner is an organization, it shall send directly 1 dossier set to the provincial-level Agriculture and Rural Development Department for the latter to license, monitor and supervise the harvest, extraction or salvage. The provincial-level Agriculture and Rural Development Department shall issue a dossier receipt to the forest owner;
If the forest owner is a household or an individual, it/he/she shall send 1 dossier set to the district-level People’s Committee for the latter to license, monitor and supervise of the harvest, extraction or salvage. The district-level People’s Committee shall issue a dossier receipt to the forest owner.
c/ A dossier must comprise an application for a harvest license and an inventory of forest products;
d/ Time limit for dossier processing:
In case a dossier is invalid, within 3 working days after receiving it, the dossier-receiving agency shall notify such to the forest owner for dossier supplementation according to regulations;
Within 10 working days after receiving a valid dossier, the licensing agency shall grant a harvest license and return the result to the forest owner.
3. For special-use forests:
a/ The harvest of forest products in special-use forests must comply with Article 21 of the Government’s Decree No. 117/2010/ND-CP of December 24, 2010, on organization and management of the special-use forest system;
b/ Order and procedures for harvest, extraction and salvage:
A forest owner shall verify and make an inventory of forest products to be harvested, extracted or salvaged, clearly stating the quantity and categories of the forest products, and the place-name(s) of the harvest area(s); and send 1 dossier set to the provincial-level Agriculture and Rural Development Department for the latter to license, monitor and supervise the harvest, extraction or salvage. The provincial-level Agriculture and Rural Development Department shall issue a dossier receipt to the forest owner;
c/ A dossier must comprise an application for a harvest license and an inventory of forest products.
d/ Time limit for dossier processing:
In case a dossier is invalid, within 3 working days after receiving it, the provincial-level Agriculture and Rural Development shall notify such to the forest owner for dossier supplementation according to regulations;
Within 10 working days after receiving a valid dossier, the provincial-level Agriculture and Rural Development shall grant a harvest license to the forest owner.
4. Harvest, extraction, salvage and acceptance testing of forest products
A forest owner shall conduct the harvest, extraction and salvage according to regulations; measure, count and calculate the quantity, and make an inventory of forest products harvested, extracted or salvaged and report it to the local Forest Protection Station for the latter to certify the origin of forest products put into circulation or sale.

Chapter III
ORGANIZATION OF IMPLEMENTATION
 
Article 12. Responsibilities of forest owners and harvesting units
1. To comply with procedures for the harvest, extraction and salvage of timber and non-timber forest products prescribed in this Circular.
2. To take responsibility before law for the accuracy of harvest planning dossiers and relevant documents they make, register, report or propose.
3. To conduct the harvest, extraction and salvage of timber and non-timber forest products by themselves. To take responsibility before law for violations (if any) occurred in the course of preparing and making harvest planning dossiers and conducting the harvest, making forest product inventories and carrying out other relevant procedures in accordance with current law.
4. To comply with the reporting regime prescribed in Article 19 of this Circular.

Article 13. Responsibilities of commune-level People’s Committees
1. To properly perform their tasks and exercise their powers in clearing procedures for the harvest, extraction and salvage of timber and non-timber forest products in their localities as prescribed in this Circular.
2. To take responsibility before law for their certification and inspection and examination results concerning forest owners and units harvesting timber or non-timber forest products in their localities.
4. To propose district-level People’s Committees to timely settle problems and difficulties encountering forest owners and units in the harvest, extraction and salvage of timber and non-timber forest products.
5. To comply with the reporting regime prescribed in Article 19 of this Circular. 
Local Forest Protection agencies and commune cadres in charge of forest administration shall assist commune-level People’s Committee chairpersons in performing the tasks prescribed in this Article.

Article 14. Responsibilities of district-level People’s Committees
1. To properly perform their tasks and exercise their powers in clearing procedures for the harvest, extraction and salvage of timber and non-timber forest products in their localities as prescribed in this Circular. To examine and supervise commune-level People’s Committees in clearing and processing of procedures for the harvest, extraction and salvage of timber and non-timber forest products.
2. To take responsibility before law for the certification and licensing of the harvest, extraction and salvage of timber and non-timber forest products as well as their examination and inspection results.
3. To propose provincial-level People’s Committees to timely settle problems and difficulties encountering forest owners and units in the harvest, extraction and salvage of timber and non-timber forest products.
 4. To comply with the reporting regime prescribed in Article 19 of this Circular.
District-level Forest Protection Stations and functional divisions shall assist district-level People’s Committee chairpersons in performing the tasks prescribed in this Article.

Article 15. Responsibilities of provincial-level People’s Committees
1. To properly perform their tasks and exercise their powers in clearing procedures for the harvest, extraction and salvage of timber and non-timber forest products in their localities as prescribed in this Circular.
2. To direct district- and commune-level People’s Committees and agencies in performing the state management of forest protection and management in their localities.
3. To assign plans on sustainable harvest of timber in natural forests to organizations.
4. To take responsibility before the Prime Minister for violations in the harvest, extraction and salvage of timber and non-timber forest product in their localities.
5. To direct, inspect and supervise provincial-level Agriculture and Rural Development Departments and district- and commune-level People’s Committees in clearing procedures for the harvest, extraction and salvage of timber and non-timber forest products.
6. To comply with the reporting regime prescribed in Article 19 of this Circular. 
Provincial-level Agriculture and Rural Development Departments shall assist provincial-level People’s Committee chairpersons in performing the tasks prescribed in this Article.

Article 16. Responsibilities of provincial-level Agriculture and Rural Development Departments
1. To properly perform their tasks and exercise their powers in clearing  procedures for the harvest, extraction and salvage of timber and non-timber forest products in their localities as prescribed in this Circular.
2. To guide in detail the uniform application of forms and other documents related to procedures for the harvest, extraction and salvage of timber and non-timber forest products prescribed in this Circular in their localities.
3. To inspect and supervise district- and commune-level People’s Committees in clearing procedures for the harvest, extraction and salvage of timber and non-timber forest products. To propose provincial-level People’s Committees or request commune- and district-level People’s Committees not to clear procedures for the harvest, extraction and salvage of timber and non-timber forest products for forest owners that let violations occur or fail to comply with the prescribed reporing regime.
4. To take responsibility before provincial-level People’s Committee chairpersons, the Minister of Agriculture and Rural Development and law for the soundness in the approval of sustainable timber harvest planning dossiers of organizations and their settlement of procedures for the harvest, extraction and salvage of timber and non-timber forest products .
5.  To comply with the reporting regime prescribed in Article 19 of this Circular.
Provincial-level Forest Protection Sub-Departments shall assist directors of provincial-level Agriculture and Rural Development Departments in performing the tasks prescribed in this Article.

Article 17. Responsibilities of the Vietnam Administration of Forestry
1. To properly perform its tasks and exercise its powers in clearing procedures for the harvest, extraction and salvage of timber and non-timber forest products nationwide as prescribed in this Circular.
2. To announce units qualified for sustainable forest harvest practices to provinces and centrally run cities as directed by the Prime Minister.
4. To guide provincial-level Agriculture and Rural Development Departments in approving sustainable timber harvest planning dossiers and license sustainable timber harvest. Annually, to inspect localities in the forest harvest process and their management of this process.
5. To process jobs arising in the harvest, extraction and salvage of timber and non-timber forest products as assigned by the Minister of Agriculture and Rural Development.

Article 18. Tasks of forest protection agencies
1. To properly perform their tasks and exercise their powers in clearing procedures for the harvest, extraction and salvage of timber and non-timber forest products in the localities under their management as prescribed in this Circular.
2. To inspect, supervise so as to timely detect and propose the handling of, or handle in accordance with law, violations in the harvest, extraction and salvage of timber and non-timber forest products committed by forest owners and harvest units.
3. To certify the volume of harvested, extracted and salvaged timber and non-timber forest products according to this Circular.

Article 19. Reporting on the harvest, extraction and salvage of forest products  
1. Reporting responsibilities
a/ Local forest protection agencies shall coordinate with commune cadres in charge of forestry administration, forest owners and harvest units in summarizing statistics of the harvest, extraction and salvage of timber and non-timber forest products for reporting to commune-level People’s Committees (reports shall be kept by forest owners/harvest units);
b/ Commune-level People’s Committees shall report to district-level Forest Protection Stations;
c/ District-level Forest Protection Stations shall summarize and make reports to district-level People’s Committees and at the same time report to provincial-level Forest Protection Sub-Departments;
d/ Provincial-level Forest Protection Sub-Departments shall report to provincial-level Agriculture and Rural Development Departments;
e/ Provincial-level Agriculture and Rural Development Departments shall report to provincial-level People’s Committees and the Vietnam Administration of Forestry;
f/ Provincial-level People’s Committees shall report to the Ministry of Agriculture and Rural Development;
g/ The Vietnam Administration of Forestry shall summarize and report on the harvest, extraction and salvage of timber and non-timber forest products nationwide.
2. Reporting periods
a/ Forest owners being organizations, local forest protection agencies and commune cadres in charge of forestry administration shall report to commune-level People’s Committees and, at the same time, assist commune-level People’s Committee chairpersons in making reports to district-level Forest Protection Stations on the 18th every month;
b/ District-level Forest Protection Stations shall make report to district-level People’s Committees and provincial-level Forest Protection Sub-Departments on the 20th every month;
c/ Provincial-level Forest Protection Sub-Departments shall make reports to provincial-level Agriculture and Rural Development Departments and, at the same time, assist directors of provincial-level Agriculture and Rural Development Departments in making reports to the Vietnam Administration of Forestry and provincial-level People’s Committees on the 22nd every month;
d/ Provincial-level People’s Committees shall make reports on a biannual and annual basis;
dd/ The Vietnam Administration of Forestry shall make reports to the Ministry of Agriculture and Rural Development on a monthly basis and assist the Ministry in making reports to the Government on a biannual and annual basis.
3. Reporting contents
a/ The volume of timber harvested, extracted and salvaged in natural forests and planted forests;
b/ The quantity of harvested, extracted and salvaged non-timber forest products;
c/ Evaluation of the implementation of forest product harvest, extraction and salvage processes and norms; difficulties and problems in the course of implementation.

Article 20. Implementation provisions
1. This Circular takes effect on August 15, 2016.
2. This Circular replaces Circular No. 35/2011/TT-BNNPTNT of May 20, 2011, guiding the harvest and salvage of timber and non-timber forest products.
3. To annul regulations on marking hammers and the marking of trees for cut-down in the following documents:
The Ministry of Agriculture and Rural Development’s Circular No. 70/2011/TT-BNNPTNT of October 24, 2011, amending and supplementing a number of contents on Circular No. 35/2011/TT-BNNPTNT of May 20, 2011, guiding the harvest and salvage of timber and non-timber forest products; Circular No. 87/2009/TT-BNNPTNT of December 31, 2009, guiding the planning of selective harvest of timber in natural forests, and Decision No. 44/2006/QD-BNN of June 1, 2006, promulgating the Regulation on management and affixing of marking hammers and forest ranger marks.
4. To promulgate together with this Circular the forms of the dossier of planning for harvest, extraction and salvage of forest products (Appendix 1), inventory of harvested forest products (Appendix 2), application for a harvest license (Appendix 3), and report on the harvest of timber of non-timber forest products (Appendix 4) (not translated) for use in compilation of planning dossiers and implementation of the reporting regime prescribed in this Circular.
5. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Agriculture and Rural Development for guidance and settlement.-
For the Minister of Agriculture and Rural Development
Deputy Minister
HA CONG TUAN
 

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