THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT | SOCIALIST REPUBLIC OF VIETNAM |
No. 31/2018/TT-BNNPTNT | Hanoi, November 16, 2018 |
CIRCULAR
REGARDING FOREST BOUNDARY DELIMITATION
Pursuant to the Prime Minister’s Decree No. 15/2017/ND-CP dated February 17, 2017 on functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural development;
Pursuant to the 2017 Law on Forestry;
At the proposal of the Director General of the Vietnam Administration of Forestry;
The Minister of Agriculture and Rural development promulgates a Circular regarding forest boundary delimitation.
Chapter I
GENERAL PROVISIONS
Article 1. Scope and regulated entities
1. This Circular provides for forest boundary delimitation.
2. This Circular applies to organizations, households, individuals and residential communities involving in forest boundary delimitation.
Article 2. Definitions
In this Circular, the undermentioned terms shall be defined as follows:
1. “compartment” means an area of approximately 1,000 ha located within one commune, ward or commune-level town (hereinafter referred to as “commune”). Every compartment within a province or central-affiliated city (hereinafter referred to as “province-level”) is assigned an Arabic numeral, from compartment No.1 to the last compartment (e.g. Compartment 1, Compartment 2).
2. “sub-compartment” means an area of approximately 100 ha located within one commune. Every sub-compartment within a compartment is assigned an Arabic numeral, from sub-compartment 1 to the last sub-compartment (e.g. Sub-compartment 1, Sub-compartment 2).
3. “plot” means an area of approximately 10 ha with relatively consistent state of forest or forestry land and is located within one commune. Every plot within a sub-compartment is assigned an Arabic numeral, from plot 1 to the last plot (e.g. Plot 1, Plot 2).
Compartments, sub-compartments and plots of forest are numbered from top to bottom, from left to right; in case of addition, A, B, C characters are added next to compartments, sub-compartments and/or plots of forest (e.g. Compartment 1A, Sub-compartment 1A, Plot 1A).
4. “marker" means a fixed object used to mark an important location on a boundary that needs delimiting on field.
5. “geographical feature” means a feature of topography, geographical objects, mountain ridges, rivers, streams, traffic roads, drainage divides or tributary streams.
6. “forest status map” means a specialized map showing boundaries of current forest plots based on current systems of forest classification on topographic maps corresponding with each type of scale.
Chapter II
SPECIFIC PROVISIONS
Section 1. DELIMITATION OF FOREST BOUNDARIES ON MAPS
Article 3. Bases for forest boundary delimitation
1. Forest status maps in compliance with the Vietnamese standard No. TCVN 11565:2016.
2. One of the following documents: certificate of land use right; decision of forest zone establishment; land allocation decision; land rent decision; forest allocation decision; forest rent decision.
Article 4. Contents of forest boundary delimitation
1. Delimiting boundaries of compartments, sub-compartments, plots of forest and boundaries of forest owners on forest status maps.
2. Designing locations of markers and signs of boundary delimitation on forest status maps.
Article 5. Delimiting boundaries of compartments, sub-compartments, plots of forest and boundaries of forest owners on maps
1. Use forest status maps as maps for forest boundary delimitation.
2. In case there is change to boundaries and/or areas due to repurposing of land/forest; adjustment to administrative boundaries; transfer of land/forest use right and change of forest owner’s name, forest status maps shall be modified so as to be used as maps for forest boundary delimitation in the following order:
a) Updating, collecting data and documents on changes to forest boundaries and/or areas;
b) Transferring boundaries of compartments, sub-compartments, plots of forest and boundaries of forest owners onto forest status maps.
3. Implementing units:
a) Departments of Agriculture and Rural development shall take charge in adjusting maps of current province-level forest status;
b) District-level forest ranger organizations shall modify maps of current district- and commune-level forest status; in case there is no district-level forest ranger organization, province-level forest ranger organizations shall be in charge.
Article 6. Designing marker/sign locations of boundaries of forest owners
1. Use the maps for forest boundary delimitation in Article 5 of this Circular to determine outlines of marker/sign locations.
2. Locations of markers: only plant markers for boundaries between adjacent forest owners where there are changes in direction, for places with no geographical feature, thus hard to delimit boundaries; do not plant markers at places with geographical features. Distance between markers shall be no further than 2,000 m. For places near residential areas facing high risk of encroachment, places where boundaries are hard to discern due to scarce geographical features such as areas of domed hills or coastal plains, the distance between markers shall be no further than 1,000 m. Each marker shall be assigned clockwise a number sign starting from marker No.1 to the last marker on the boundary line.
3. Locations of signs: plant signs at places with traffic roads or near residential areas, areas with high risk of forest encroachment.
Section 2. DELIMITATION OF FOREST BOUNDARIES ON FIELD
Article 7. Bases for delimitation of forest boundaries on field
1. Maps for forest boundary delimitation prescribed in Article 5 of this Circular.
2. Outlines of marker/sign locations on the maps for forest boundary delimitation prescribed in Article 6 of this Circular.
3. One of the following documents: certificate of land use right; decision of forest zone establishment; land allocation decision; land rent decision; forest allocation decision; forest rent decision.
4. Dossiers of markers of boundaries for land use in accordance with land allocation decision, forest allocation decision, land lease decision, forest rent decision approved by competent authorities (if any).
Article 8. Contents of delimitation of forest boundaries on field
1. Forest zones whose boundaries are delimited on field shall not have their boundaries delimited again.
2. In case forest boundary delimitation is yet to be carried out or there are changes to forest boundaries, forest boundary delimitation shall be carried out as follows:
a) Collect the documents and maps prescribed in Article 7 of this Circular;
b) Describe forest boundaries on the maps for forest boundary delimitation prescribed in Article 5 of this Circular;
c) Determine marker/sign locations on field based on outlines of marker/sign locations on the maps for forest boundary delimitation prescribed in Article 6 of this Circular.
d) Plant markers or signs on field.
3. Implementing units:
a) For contents prescribed in point a, b, c clause 2 of this Article, Departments of Agriculture and Rural development shall take charge and organize their implementation;
b) For contents prescribed in point d clause 2 of this Article, forest owners shall implement with the presence of district-level forest ranger organizations or province-level forest ranger organizations for localities without district-level forest ranger organizations.
4. For areas under dispute where forest owners fail to reach a settlement, Departments of Agriculture and Rural development shall take charge in formulating records for each specific situation in the format of Form No.01 of the Appendix enclosed with this Circular; submitting a consolidated report to province-level People’s Committees for ex officio resolution. After disputes are resolved, these areas shall be delimited in accordance with clause 2 of this Article.
Article 9. Descriptions of forest boundaries
1. Contents of description: geographical features, directions, coordinates, distance between geographical features and length of forest boundaries.
2. Methods of description
a) In case forest boundaries or boundaries of adjacent forests are already described, those descriptions shall be used.
b) In case forest boundaries are not yet described, their descriptions shall be as follows: a boundary shall begin from the first geographical feature of the northernmost point of the forest zone and be described in a clockwise direction, ensuring continuity and completion of the whole boundary. In case a forest boundary has no geographical feature, the global positioning system (GPS) shall be employed to determine the coordinates and the boundary shall be described based on those coordinates.
3. Enter descriptions of forest boundaries in Form No.02 of the Appendix enclosed with this Circular.
4. Enter coordinates of geographical features on forest boundaries in Form No.03 of the Appendix enclosed with this Circular. Coordinates of each geographical feature shall be the average value after identifying 03 times using the GPS.
Article 10. Determining locations of markers and signs
1. Locations of markers and signs shall not be re-identified for forest zones whose existing markers and signs are appropriate to the designs of marker/sign locations in Article 6 of this Circular.
2. For other cases beside clause 1 of this Article, markers and signs shall be located as follows:
a) Determine locations of markers and signs on field based on the designs of marker/sign locations prescribed in Article 6 of this Circular, except markers with the same locations as geographical features.
b) Determine specific coordinates of markers and signs on forest boundaries based on results from point a of this clause. Coordinates of each marker or sign shall be the average value after identifying 03 times using the GPS and records of marker/sign coordinates shall be in the format of Form No.04 of the Appendix enclosed with this Circular.
c) Enter the coordinates of the markers/signs in Form No.05 of the Appendix enclosed with this Circular.
3. In case the actual location of a marker or sign is different from the design in the maps for forest boundary delimitation prescribed in Article 6 of this Circular, the location on the maps must be adjusted according to the actual location.
Article 11. Regulations on markers and signs
1. Regulations on markers are as follows
a) Markers shall be made of reinforced concrete to ensure durability and stability, with rectangular cross-section, the size of 100 cm x 30 cm x 12 cm, and a base for planting.
b) Markers shall bear the forest owner’s name, forest type and marker’s number sign. The part above ground shall be painted white, with numbers written on its side at 3 cm lower than the top. The characters shall be written capitalized with even strokes, a font size of 3 cm x 2 cm and in red paint.
2. Regulations on signs are as follows
a) Signs shall be made of reinforced concrete to ensure durability and stability with the size of 100 cm x 150 cm x 5 cm.
b) The left side of a sign shall show the map of the forest zone, and the right side shall show the forest zone’s name and requirements on forest management and protection.
3. Existing markers and signs different from those prescribed in clause 1 and 2 of this Article may continue to be used.
Article 12. Planting markers/signs on field
1. Markers and signs need not be planted in forest zones where existing markers and signs are appropriate to Article 10 of this Circular.
2. For other cases beside clause 1 of this Article, markers and signs shall be planted as follows:
a) Markers shall be planted securely into the ground on forest delimitation boundaries, ensuring durability and stability. The part above ground shall be 50 cm in height, with the marker’s number sign and forest zone’s name written on the side facing the outside.
b) Signs shall be attached to square columns with the size of 300 cm x 15 cm x 15 cm and planted securely into the ground. The underground part shall be 100 cm in length to ensure stability.
Article 13. Management and protection of markers and signs
1. Forest owners shall be responsible for managing and protecting markers and signs within the boundaries of their assigned or rented areas.
2. In case a marker or sign is moved, lost or damaged, the forest owner shall recover and return it to the original position.
Section 3. DOSSIERS OF FOREST BOUNDARY DELIMITATION
Article 14. Dossiers of forest boundary delimitation
1. Outlines of marker/sign locations on the maps for forest boundary delimitation prescribed in Article 6 of this Circular.
2. Descriptions of forest boundaries in the format of Form No.02 of the Appendix enclosed with this Circular.
3. Records of coordinates of geographical features on forest boundaries in the format of Form No.03 of the Appendix enclosed with this Circular.
4. Records of coordinates of markers and signs in the format of Form No.04 of the Appendix enclosed with this Circular.
5. Compilations of coordinates of markers and signs in the format of Form No.05 of the Appendix enclosed with this Circular.
Article 15. Management of dossiers of forest boundary delimitation
1. Contents of dossiers are prescribed in Article 14 of this Circular.
2. If the forest owner is an organization, its dossier shall be made into 04 copies and placed under the management of a Department of Agriculture and Rural development; district-level forest ranger organization or province-level forest ranger organization if there is no district-level forest ranger organization; commune-level People’s Committee and the forest owner.
3. Dossiers of forest owners beside those prescribed in clause 2 of this Article shall be self-formulated and self-managed.
Chapter III
IMPLEMENTING ORGANIZATION
Article 16. Responsibilities for implementing organization
1. The Vietnam Administration of Forestry shall be responsible for providing guidance and reviewing the implementation of this Circular throughout the country.
2. Departments of Agriculture and Rural development shall organize and provide guidance on the implementation of this Circular in provinces.
3. Forest owners shall be responsible for planting markers/signs on field, managing and protecting markers/signs within the areas under their management.
Article 17. Effect
1. This Circular takes effect from January 01, 2019.
2. Decision No. 3031/1997/QD-BNNPTNT dated November 20, 1997 by the Minister of Agriculture and Rural development on boundary delimitation and marking for forest types is nullified from the date this Circular comes into force.
3. During the implementation of this Circular, agencies and units shall submit reports on difficulties (if any) to the Ministry of Agriculture and Rural development for consideration and resolution./.
| PP. THE MINISTER |
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