MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT | SOCIALIST REPUBLIC OF VIETNAM |
No.20/2016/TT-BNNPTNT | Hanoi, June 27, 2016 |
CIRCULAR
ON AMENDMENTS TO SOME ARTICLES OF CIRCULARS NO.38/2007/TT-BNNPTNT, 78/2011/TT-BNNPTNT, 25/2011/TT-BNNPTNT, 47/2012/TT-BNNPTNT, 80/2011/TT-BNNPTNT, 99/2006/TT-BNN
Pursuant to the Law on Forest Protection and Development 2004;
Pursuant to Decree No.199/2013/ND-CP dated November 26, 2013 of the Government on functions, missions, rights and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to Decree No.23/2006/ND-CP dated March 03, 2006 of the Government on adoption of the Law on Forest Protection and Development;
At the request of Director General of General Department of Forestry;
The Ministry of Agriculture and Rural Development promulgates a Circular on amendments to some articles of Circulars No.38/2007/TT-BNNPTNT, 78/2011/TT-BNNPTNT, 25/2011/TT-BNNPTNT, 47/2012/TT-BNNPTNT, 80/2011/TT-BNNPTNT, 99/2006/TT-BNN.
Article 1. Amend Circular No.38/2007/TT-BNN dated April 25, 2007 on providing guidelines for orders, procedures for transfer, lease and withdrawal of forests to organizations, family households, individuals and village community
1. Section II is amended as follows:
“Section II. ORDERS AND PROCEDURES FOR TRANSFERRING AND LEASING THE FOREST
1. Forest transfer
a) Transferring forests without collecting forest use levy: The State shall transfer the forest without collecting forest use levy when:
- transferring special-use forests including national parks, natural protected areas, protected landscapes and forests for scientific research and experiment to Boards of special-use forest management, organizations of scientific research and technology development, vocational training in forestry for the purpose of managing, protecting and developing special-use forests.
- transferring central protective forests to Boards of protective forest management; protective forests intermingled in production forests to business entities, allocated protective forests to village community, family households and individuals living in communal areas where forests are located; bordering protective forests to the armed forces for the purpose of directly managing and developing the forests.
- transferring production forests including natural forests, planted forests to village community, family households and individuals living in communal areas where forests are located intended for direct forestry production; to business entities of forest plant varieties production; Entities of Economics-National Defense- Security affiliated with People’s armed forces; Boards of management of special-use forests and protective forests in case production forests are intermingled in special-use forests or protective forests have been transferred to Management Boards.
b) Transferring forests and collecting forest use levy: The State shall transfer production forests including natural forests and planted forests to business entities and collect forest use levy.
2. Methods of forest transfer
a) Before transferring the forest, authorized People's Committee prescribed in Article 24 of Decree No.23/2006/ND-CP must develop a method for transferring and leasing forests lodged to People's Council at the same level and send a report to superior People's Committee for direct approval.
b) The method for transferring forests must specify the current state of local forests; requirements for forest use and management, the list of receivers in order of priority (forest transfer restrictions must be determined if forests are transferred to family households and individuals); the name of places having transferred forests in local areas; progressing plan; responsibilities and funding, etc.
The method must illustrate each entity receiving the forest both in the application and on the map.
3. Forest transfer restrictions applied to family households and individuals
People’s Committee of districts based on forest funds of each local authority requests People's Committee of provinces to grant approval for forest transfer restrictions but not exceeding the maximum restriction prescribed in Article 22 of Decree No.23/2006/ND-CP.
4. The order, procedure for transferring and leasing forests to family households, individuals and transferring forests to village community.
a) Step 1: Submitting, receiving and processing the application for forest transfer and lease
- Family households, individuals and village community shall submit an application for forest transfer and lease to People’s Committee of communes directly or via post including:
+ For family households and individuals: An application form for forest transfer (Appendix 01 issued together with this Circular) or forest lease (Appendix 02 issued together with this Circular) and plans for forest use (Appendix 03 issued together with this Circular)
+ For village community: An application form for forest transfer (Appendix 04 issued together with this Circular), plans for forest management and minutes of village community’s meeting about the consistency in request for forest transfer
- People’s Committee of communes is required to:
+ receive the application for forest transfer and lease; issue a confirmation note of received application and make an appointment of results date.
+ consider the request for forest transfer and lease of family households, individuals and village community; make a site visit to inspect the location, border and dispute of the forest requested by family households, individuals and village community to ensure that conditions and foundation for forest transfer comply with regulations of law.
+ verify and transfer the application for forest transfer of family households, individuals and village community to People’s Committee of districts.
All the tasks described in step 1 must be fulfilled within 10 working days from the day on which the application for forest transfer is received.
b) Step 2: Appraising the application and determining current state of the forest
Forest Protection Management of provinces or professional agencies affiliated with People’s Committee of districts in areas which not have Forest Protection Management receiving the application for forest transfer and lease of family households, individuals and village community transferred by People's Committee of communes are required to:
- appraise the application for forest transfer and lease of family households, individuals and village community.
- cooperate with People’s Committee of communes in verifying and evaluating current state of the forest. The results of forest state examination and evaluation must be presented in a document which specifies the location, border, area, current state, undiscovered resources and map of the forest and bears the verification and signature of representatives of People's Committee of communes and owners of adjacent forests.
- submit the document to People's Committee of districts.
All the tasks described in step 2 must be fulfilled within 20 working days.
c) Step 3: Issuing a decision on forest transfer and lease
After receiving the application for forest transfer and lease submitted by Forest Protection Management or professional agencies of districts, People's Committee of districts shall consider whether to transfer or lease the forest to family households, individuals and village community following the decision template provided in Appendix 4 of Circular No.38/2007/TT-BNN dated April 25, 2007 of the Ministry of Agriculture and Rural Development providing guidelines for the order and procedure for transfer, lease and withdraw of forests to family households, individuals and village community (hereinafter referred to as Circular No.38/2007/TT-BNN); sign the contract of forest lease in case of leasing forests (Appendix 5 of Circular No.38/2007/TT-BNN).
All the tasks described in step 3 must be fulfilled within 3 working days.
d) Step 4: Transferring forests
After receiving the decision on forest transfer and lease of People’s Committee of districts, the Forest Protection Management or professional agencies of districts shall cooperate with People's Committee of communes in transferring the forest at site to family households, individuals and village community. The transfer must including the determination of location, border, area, current state, undiscovered resources and map of the transferred forest and be recorded in writing with the signature of representatives People's Committee of communes, owners of adjacent forests following minutes template provided in Appendix 5 and 6 of Circular No.38/2007/TT-BNN.
All the tasks described in step 4 must be fulfilled within 3 working days.
During the performance of above-mentioned tasks, if the family household, individual and village community are found not eligible to receive or lease the forest, the receiving agency shall return the application to them and provide explanation.
5. The order and procedure for transferring and leasing forests to organizations
a) Step 1: Submitting the application
Organizations requiring forest transfer and lease shall submit the application directly or by post to Department of Agriculture and Rural Development including:
- An application form for forest transfer and lease (Appendix 5 issued together with this Circular);
- Plans for sustainable management and use of the forest (the original)
Department of Agriculture and Rural Development shall receive the application for forest transfer and lease; issue a confirmation note of received application and make an appointment of results date.
b) Step 2: Appraising the application and determining current state of the forest
After receiving the satisfactory application, the Department of Agriculture and Rural Development is required to:
- preside over the appraisal of application for forest transfer and lease; carry out other procedures as required by laws before transferring or leasing the forest.
- preside over and cooperate with People's Committee of districts and communes in defining and evaluating current state of the forest at site expected to be transferred or leased. The results of forest state examination and evaluation must be presented in a document which specifies the location, border, area, current state, undiscovered resources and map of the forest and bears the verification and signature of representative of People's Committee of districts, communes and owners of adjacent forests.
- prepare a report associated with the application and submit them to People's Committee of provinces.
All the tasks described in step 2 must be fulfilled within 30 working days from the day on which the application of organizations is received.
c) Step 3: Issuing a decision on forest transfer and lease
After receiving the report and application submitted by the Department of Agriculture and Rural Development, People's Committee of provinces shall consider and decide to transfer or lease the forest to organizations (Appendix 4 of Circular No.38/2007/TT-BNN); sign the contract of forest lease if leasing the forest (Appendix 5 of Circular No.38/2007/TT-BNN).
All the tasks described in step 3 must be fulfilled within 3 working days.
d) Step 4: Forest transfer
After receiving the decision on forest transfer and lease of People’s Committee of provinces, the Department of Agriculture and Rural Development shall cooperate with People's Committee of communes and districts in transferring the forest at site to organizations. The transfer must include the determination of location, border, area, current state, undiscovered resources and map of the delivered forest and be recorded in writing with signatures of representatives People's Committee of districts, communes and owners of adjacent forests following minutes template provided in Appendix 5 and 6 of Circular No.38/2007/TT-BNN.
All the tasks described in step 4 must be fulfilled within 3 working days.
During the performance of above-mentioned tasks, if organizations are found not eligible to receive or lease the forest, the Department of Agriculture and Rural Development shall return the application to them and provide explanation.
2. Abolition of Section III and Appendix 3
Article 2. Amend Circular No.47/2012/TT-BNNPTNT dated September 25, 2012 on management of exploitation from the nature and nurture of usual forest animals
1. Point d in Clause 1 in Article 4 is amended as follows:
"d) A copy of enterprise registration certificate or business registration certificate bearing the signature and seal of the organization; copy of business household registration certificate or identity card of the individual requiring the license"
2. Point c and d in Clause 1 in Article 5 are amended as follows:
“c) A copy of written agreement on research collaboration program or decision on implementation of projects, scientific research program regarding scientific research specimens bearing the signature and seal of the organization or the copy of documented approval of the Ministry of Agriculture and Rural Development on exploitation intended for foreign affairs, exchange among zoos, non-profitable exhibition or circus performance, exchange of specimens to CITES Management Authority of signatory countries;
d) A copy of enterprise registration certificate or business registration certificate or decision on foundation bearing the signature and seal of the organization"
Clause 1 and point a in Clause 3 in Article 8 are amended as follows:
“1. An application for issuance of certificate for eligible farm shall include:
a) An original application for issuance of certificate for eligible farm representing the name, address, number of enterprise registration certificate or business registration certificate or decision of foundation of the organization; names of species, quantity and origin of livestock; location and description of the farm according to Appendix 6 issued together with this Circular and be verified by People's Committee of communes;
b) A copy of the report of environmental impacts evaluation or plans for environment protection in compliance with regulations of the law on environment protection.
3. The certificate and duration of the certificate for eligible farm
a) The certificate must represent the name, address, number of enterprise registration certificate or business registration certificate or decision of foundation of the organization; names of species, quantity and origin of livestock; location and description of the farm according to Appendix 7 issued together with this Circular”
4. Clause 1 and Clause 3 in Article 9 are amended as follows:
“1. Organizations, family households and individuals nurturing usual forest animals shall send an announcement note of usual forest animal nurturing facility directly or by post to People's Committee of communes. The announcement note must indicate clearly the name, address of the facility's owner; names, quantity and origin of species requested for the nurture; location of nurturing facility following template no.8 issued together with Circular No.47/2012/TT-BNNPTNT.
3. After informing the authority, organizations, family households and individuals nurturing usual forest animals are required to make a following-up book according to template no.10 issued together with Circular No.47/2012/TT-BNNPTNT.”
5. Abolition of Template no.6 and 7
Article 3. Amend Point c in Clause 3 in Article 5 of Circular No.78/2011/TT-BNNPTNT dated November 11, 2011 providing on details for the implementation of Decree No.117/2010/ND-CP dated December 12, 2010 of the Government on organization and management of special-use forest system as follow:
“c) A written agreement on research collaboration approved by competent authorities (the copy verified by the organization asking for research)"
Article 4. Amend Point a and b in Clause 2 in Article 10 of Circular No.80/2011/TT-BNNPTNT dated November 23, 2011 providing guidelines for methods of determining payment for forest environment services
“a) A copy of the court’s judgment in case of legal incapacity or declaration of death or missing person by the court
b) A copy of death certificate in case of death”
Article 5. Abolish Clause 11 in Section II of Circular No.99/2006/TT-BNN dated November 06, 2006 providing guidelines for some articles on Forest Management Regulations issued together with Decision No.186/2006/QD-TTg dated August 14, 2006 of the Prime Minister
Article 6. Abolish some Articles of Circular No.25/2011/TT-BNNPTNT dated April 06, 2011 on amendments to some regulations on administrative procedure for forest protection and development according to Resolution No.57/NQ-CP dated December 15, 2010 as follows:
1. Abolish regulations on orders and procedures for forest transfer and lease prescribed in Clause 1, 2, 3, 4 and 5 in Article 3.
2. Abolish regulations of orders and procedures for reserving specimens, gene sources of wild animals prescribed in Clause 3 in Article 7
Article 7. Implementation provisions
1. This Circular comes into force from August 15, 2016.
2. If there is any question arising during the implementation, organizations and individuals shall inform the Ministry of Agriculture and Rural Development for handling./.
| PP. MINISTER |
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