THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT | THE SOCIALIST REPUBLIC OF VIETNAM |
No. 12/VBHN-BNNPTNT | Hanoi, November 28, 2017 |
CIRCULAR
PRIMARY EXTRACTION, FULL UTILIZATION AND SECONDARY EXTRACTION OF FOREST PRODUCTS
The Circular No. 21/2016/TT-BNNPTNT dated June 28, 2016 of the Minister of Agriculture and Rural Development on primary extraction, full utilization and secondary extraction of forest products which comes into force from August 15, 2016 is amended by:
The Circular No. 17/2017/TT-BNNPTNT dated September 11, 2017 of the Minister of Agriculture and Rural Development on amendments to the Circular No. 21/2016/TT-BNNPTNT dated June 28, 2016 of the Minister of Agriculture and Rural Development on primary extraction, full utilization and secondary extraction of forest products which comes into force from October 25, 2017.
Pursuant to the Law on Forest Protection and Development 2004;
Pursuant to the Government’s Decree No. 199/2013/ND-CP dated November 26, 2013 defining functions, tasks, entitlements and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Government’s Decree No. 23/2006/ND-CP dated March 03, 2006 on implementation of the Law on Forest Protection and Development;
Pursuant to the Government’s Decree No. 117/2010/ND-CP dated December 24, 2010 on management of reserve forest system;
Pursuant to the Prime Minister’s Decision No. 17/2015/QD-TTg dated June 09, 2015 on promulgation of regulation on management of reserve forests;
At the requestof the Director General of Vietnam Administration of Forestry;
The Minister of Agriculture and Rural Development hereby promulgates a Circular to provide for primary extraction, full utilization and secondary extraction of forest products.
Chapter I
GENERAL PROVISIONS
Article 1. Scope and regulated entities
1. Scope
This Circular provides for primary extraction, full utilization and secondary extraction of timber and non-timber forest products in natural forests, planted forests and types of plant not included in the planning for forestry with names identical with timber species and non-timber forest products.
2. Regulated entities
a) Forest owners that are organizations, households, individuals and communities that are allocated and leased out land and forests by the State for long-term and stable use for forestry purpose according to the provisions of the Law on Forest Protection and Development.
b) Foreign and domestic organizations and individuals related to the extraction, full utilization and secondary extraction of timber and non-timber forest products.
Article 2. Definitions
For the purposes of this Circular, the terms below shall be construed as follows:
1. “primary extraction of timber from natural forests” means the logging that is carried out mainly for economic purposes while ensuring the sustainable development and use of forests determined in the plan for sustainable forest management according to the State’s applicable regulations.
2. “timber extraction on local essential demand” means the logging that is carried out for the purpose of using timber for construction of public works by village communities; for construction of houses and fulfillment of essential needs of households and individuals in the areas where forests are available according to the State’s applicable regulations.
3. “full utilization of timber” means the utilization of timber during the implementation of silvicultural measures, scientific research and land clearance upon forest use repurposing.
4. “secondary extraction of timber” means the collection of trees that are fallen or dead due to natural disasters; burnt, rotten or dry timber and branches left in forests.
5. “consultancy” means an organization licensed to carry out surveys and produce a forest trading design.
6. “cycle of primary extraction of natural forests” means an interval between 02 successive extractions.
7. “low impact extraction techniques” mean technical measures which are taken during timber extraction in order to minimize the impacts on ecosystem and forest development stages.
8. “extraction place” means the name of a forest plot, piece and subzone that is identical with that of a village, commune, district and province.
Article 3. Forest criteria for primary extraction, full utilization and secondary extraction of timber and non-timber forest products
1. The forest area has been leased out, allocated or used by a competent authority according to regulations of law or approved by the People’s Committee of provinces or central-affiliated cities (hereafter referred to as “People’s Committees of provinces”).
2. Measures for reforestation shall be taken, negative effects on the ecosystem and forest protection capacity shall be minimized and regulations of law on forest protection and development, environmental protection and biodiversity conservation shall be complied with.
Chapter II
SPECIFIC PROVISIONS
Section 1. PRIMARY EXTRACTION, FULL UTILIZATION AND SECONDARY EXTRACTION OF TIMBER
Article 4. Primary extraction of timber from natural forests
1. The primary extraction of timber from natural forests shall be only carried out if the forest owner has a sustainable forest management plan made according to the State regulations and a certificate of sustainable forest management and obtains a written permission from the Prime Minister.
2. Types of forest intended for extraction
A production forest that is the natural forest that is yet to be extracted or extracted and regenerated after at least one extraction cycle shall satisfy the following criteria:
a) The timber volume must be:
at least 150 m3/ha, regarding a broadleaf evergreen forest.
at least 130 m3/ha, regarding a semi-deciduous broadleaf forest.
at least 110 m3/ha, regarding a dipterocarp forest.
at least 130 m3/ha, regarding a coniferous forest.
at least 80 m3/ha, regarding a mixed bamboo and timber forest.
b) Volume of trees whose diameter level is suitable for extraction in a plot must be greater than 30% of total forest volume of such plot.
c) The timber trees intended for primary extraction (except trees that have to be logged to make way for removal and transportation, timber yard) are the ones with the age of mature technology and must, depending on each type of tree, reach the minimum diameter measured at 1.3 m above the ground (abbreviated as D1.3m). To be specific:
- Group I and II: 45 cm;
- Group III – VI: 40 cm;
- Group VII and VIII: 35 cm.
- Dipterocarp trees in leaf-shedding forest (dipterocarp forest) and Pyinkado, Talauma, Madhuca pasquieri: 35 cm.
3. Procedures for issuing extraction permit
a) The forest owner shall prepare or hire a consultancy to prepare extraction design documentation as prescribed in the Circular No. 87/2009/TT-BNNPTNT dated December 31, 2009 of the Ministry of Agriculture and Rural Development and submit an application for issuance of the extraction permit to the Department of Agriculture and Rural Development for approval. The Department of Agriculture and Rural Development shall prepare and return the application receipt to the forest owner.
b) An application includes an application form for issuance of the extraction permit, extraction design documentation, sustainable forest management plan, certificate of sustainable forest management, written permission granted by the Prime Minister and other relevant documents.
c) Time limit for processing the application:
Within 03 working days from the receipt of the unsatisfactory application, the receiving authority shall request the forest owner to complete it.
Within 10 working days from the receipt of the satisfactory documentation, the Department of Agriculture and Rural Development shall approve it, issue the extraction permit and return the result to the forest owner.
4. Timber extraction and commissioning<0}
a) The forest owner shall carry out the extraction or sign a contract with a unit licensed to carry out extraction using low impact extracting techniques; fully utilize branches and trees to be logged when making way for timber removal and transportation or timber yard.
b) After timber is logged or has its top cut, the forest owner shall commission and write the ordinal number on the head of timber, determine its weight and make a packing list of forest products. Total weight of timber actually extracted in each forest plot compared with that of timber licensed for extraction shall only exceed up to 10%. If exceeding 10%, the forest owner shall inform the Department of Agriculture and Rural Development to carry out site inspection of proper logging of trees marked to be cut and carry out commissioning or take actions against improper logging of trees marked to be cut as prescribed by law.
5. Management of forests after extraction
After extraction, every forest owner shall take measures to manage, protect, nurture and enrich forests to carry out reforestation in accordance with State regulations.
Article 5. Extraction of natural forests on local essential demands of households, individuals and village communities
1. Types of forest intended for extraction
a) Forests leased out or allocated by the State to households, individuals and communities.
b) Forests that are yet to be leased out or allocated by the State must be approved by the People’s Committee of the district.
c) Forests that satisfy the following criteria:
Broadleaf evergreen forests must have an area of over 120m3/ha;
Mixed bamboo and timber forests must have an area of over 70 m3/ha with at least 10 trees/ha reaching a D1.3m of at least 30 cm.
2. Procedures for issuing extraction permit
a) Before November 30, every forest owner that is a household, individual or a village community wishes to determine the weight of natural forest timber to be extracted (up to 10 m3 of round timber per household), they shall number and make a packing list of trees to be extracted and send it to the People’s Committee of the commune. The People’s Committee of the province shall prepare a summary of weight of timber extracted from natural forest of the commune and submit it to the People’s Committee of the district for approval before December 31.
b) Within 10 working days from the date on which the summary is received, the People’s Committee of the district shall issue the extraction permit to each forest owner and return the result of issuance of the extraction permit to the People’s Committee of the commune. In the case of refusal to issue the extraction permit, a written explanation shall be provided.
c) Within 5 working days from the receipt of result of issuance of the extraction permit or written explanation, the People’s Committee of the commune shall inform and issue the extraction permit to the household, individual or community.
3. Timber extraction and commissioning
Every household, individual and community shall carry out the extraction in accordance with the extraction permit. After the extraction, it is required to inform the People’s Committee of the commune.
Article 6. Primary extraction, full utilization and secondary extraction of timber from planted forests
1. Primary extraction, full utilization and secondary extraction of timber from planted forests that are production forests
a) The forest owner shall decide on the extraction, full utilization and secondary extraction of timber from a planted forest concentrated in a production forest. In the case of clearcut logging, it is required to carry out reforestation in the next season.
b) Before the extraction, full utilization and secondary extraction of timber, the forest owner shall make a packing list of extracted forest products and send it to a competent authority. To be specific:
The forest owner that is an organization shall send the packing list to the local Forestry Service or the Forest Protection Sub-Department (where the Forestry Service is not available).
The forest owner that is a household, individual or community shall send the packing list to the People’s Committee of the commune.
c) Primary extraction, full utilization, secondary extraction and commissioning of forest products:
The forest owner shall carry out primary extraction, full utilization and secondary extraction as prescribed; determine weight and make a packing list of forest products after the extraction, full utilization and secondary extraction.
2. Primary extraction, full utilization and secondary extraction of timber from planted forest in reserve forests
a) Primary extraction, full utilization and secondary extraction of timber from protection forests are prescribed in Article 15 of the Regulation on protection forest management enclosed with the Prime Minister's Decision No. 17/2015/QD-TTg dated June 09, 2015.
b) Procedures for primary extraction, full utilization and secondary extraction:
The forest owner shall prepare or hire a consultancy to prepare primary extraction, full utilization and secondary extraction design documentation and submit an application for issuance of the extraction permit to a competent authority. To be specific:
The forest owner that is an organization shall submit an application to the Department of Agriculture and Rural Development. The Department of Agriculture and Rural Development shall prepare and return the application receipt to the forest owner.
The forest owner that is a household shall submit an application directly to the People’s Committee of the district, which will prepare and return the application receipt to the forest owner.
c) An application includes an application form for issuance of the extraction permit, and primary extraction, full utilization and secondary extraction design documentation.
d) Time limit for processing the application:
Within 03 working days from the receipt of the unsatisfactory application, the receiving authority shall request the forest owner to complete it.
Within 10 working days from the receipt of the satisfactory application, the competent authority shall issue the extraction permit and return the result to the forest owner.
dd) Extraction, full utilization, secondary extraction and commissioning of forest products:
The forest owner shall carry out primary extraction, full utilization and secondary extraction as prescribed; determine weight and make a packing list of forest products after the extraction, full utilization and secondary extraction.
3. Primary extraction and secondary extraction of timber from planted forests that are forests used for scientific research or experiment purposes
a) Primary extraction and secondary extraction of timber may be carried out as prescribed in Points a and b Clause 3 Article 21 of the Government’s Decree No. 117/2010/ND-CP dated December 24, 2010.
b) Primary and secondary extraction of timber shall be carried out after scientific research or experiment projects are closed, and commissioned and assessed by a competent authority. In the case of clearcut logging, it is required to carry out reforestation in the next season;
c) Before the primary and secondary extraction of timber, the forest owner shall make a packing list of extracted forest products and send it to a competent authority. To be specific:
Central-affiliated units shall send the packing list to the Vietnam Administration of Forestry;
Provincial-affiliated units shall send the packing list to the Department of Agriculture and Rural Development.
d) The forest owner shall carry out primary and secondary extraction of timber as prescribed and determine its weight.
Article 7. Extraction of rubber timber, forest garden timber, home garden timber, farm timber and scattered trees
a) The extraction of rubber timber, forest garden timber, home garden timber, farm timber and scattered trees shall be decided by organizations and individuals themselves.
b) In case it is required to verify the origin of timber, the forest owner shall make and send a packing list of forest products to the People's Committee of the commune before carrying out primary extraction, full utilization and secondary extraction of timber.
Article 8. Full utilization of timber from natural forests
1. Subject
a) Timber in the area of forest repurposed prescribed by law.
b) Timber to be logged upon adoption of silvicultural measures (forest regeneration, nurturing, thinning and enriching, transformation of seed production area and reclamation for afforestation) and scientific research.
2. Conditions:
a) Full utilization of timber in the repurposed forest area:
Timber shall be fully utilized according to the forest land clearance approved by a competent authority.
b) Full utilization of timber during adoption of silvicultural measures and scientific research:
Timber shall be fully utilized after the silvicultural project, training plan or scientific research proposal is approved by a competent authority.
3. Procedures for full utilization
Every organization or individual that is issued with the permit for full utilization shall measure and make a packing list of forest products, send it to a competent authority and request it to verify the origin of timber during sale thereof. To be specific:
a) The forest owner that is an organization shall send the packing list to the Forestry Service or the Forest Protection Sub-Department (where the Forestry Service is not available).
b) The forest owner that is a household, individual or community shall send the packing list to the People’s Committee of the commune.
4. Full utilization and commissioning of timber
Every forest owner shall fully utilize timber according to the approved forest land clearance and compensation plan, silvicultural project, training plan or research proposal. The forest owner shall determine the weight of fully utilized timber, make a packing list of forest products and request the local Forestry Service to verify the origin of timber during sale thereof.
Article 9. Secondary extraction of timber from natural forests
1. Timber intended for secondary extraction: timber broken or dead due to natural disasters; burnt or rotten dry timber and branches in production forests, reserve forests and service and administrative sub-zones of a national park, nature reserve and habitat/species reserve.
2. Procedures for secondary extraction
The forest owner shall verify, measure and make a packing list of secondarily extracted forest products, send packing list to a competent authority and request it to verify the origin of timber upon sale thereof. To be specific:
a) The forest owner that is an organization shall send the packing list to the local Forestry Service or the Forest Protection Sub-Department (where the Forestry Service is not available).
b) The forest owner that is a household, individual or community shall send the packing list to the People’s Committee of the commune.
3. Secondary extraction and commissioning of timber
The forest owners shall carry out secondary extraction in line with the packing list of forest products and request the local Forestry Service to verify the origin of timber upon sale thereof. During secondary extraction, the forest owner must not make new way for removal or transportation and must take measures to protect the forest as prescribed by law.
Section 2. PRIMARY EXTRACTION, FULL UTILIZATION AND SECONDARY EXTRACTION OF NON-TIMBER FOREST PRODUCTS
Article 10. Extraction, full utilization and secondary extraction of non-timber forest products that are endangered, rare or precious species and priority species present in production forests and reserve forests
1. Primary extraction, full utilization and secondary extraction of non-timber forest products that are endangered, rare and precious species and priority species present in production forests and reserve forests are prescribed in the Government’s Decree No. 32/2006/ND-CP dated March 30, 2006, Government’s Decree No. 160/2013/ND-CP dated November 12, 2013 and Prime Minister’s Decision No. 17/2015/QD-TTg dated June 09, 2015.
2. Procedures for primary extraction, full utilization and secondary extraction:
a) Every forest owner shall verify and make a packing list of forest products intended for primary extraction, full utilization and secondary extraction which specifies their weight and types and place of primary extraction, full utilization and secondary extraction, and submit an application for issuance of the extraction permit directly to the Department of Agriculture and Rural Development. The Department of Agriculture and Rural Development shall prepare and return the application receipt to the forest owner.
b) An application includes an application form for issuance of the extraction permit, and packing list of forest products.
c) Time limit for processing the application:
Within 03 working days from the receipt of the unsatisfactory application, the Department of Agriculture and Rural Development shall request the forest owner to complete it.
Within 10 working days from the receipt of the satisfactory application, the Department of Agriculture and Rural Development shall issue the extraction permit and return the result to the forest owner.
3. Primary extraction, full utilization, secondary extraction and commissioning of forest products:
The forest owner shall carry out primary extraction, full utilization and secondary extraction in accordance with the extraction permit; determine weight and make a packing list of forest products after the primary extraction, full utilization and secondary extraction.
Article 11. Extraction, full utilization and secondary extraction of non-timber forest products that are not endangered, rare or precious species and priority species
1. Regarding production forests:
Every forest owner shall verify and make a packing list of forest products intended for primary extraction, full utilization and secondary extraction which specifies their weight and types and place of primary extraction, full utilization and secondary extraction, send the packing list to a competent authority and request it to verify the origin of forest products upon sale thereof. To be specific:
The forest owner that is an organization shall send the packing list to the local Forestry Service or the Forest Protection Sub-Department (where the Forestry Service is not available).
The forest owner that is a household, individual or community shall send the packing list to the People’s Committee of the commune.
2. Regarding reserve forests:
a) The extraction of forest products in reserve products shall be carried out as prescribed in Article 16 of the Prime Minister’s Decision No. 17/2015/QD-TTg dated June 09, 2015.
b) Procedures for primary extraction, full utilization and secondary extraction:
Every forest owner shall verify and make a packing list of forest products intended for extraction, full utilization and secondary extraction which specifies their weight and types and place of primary extraction, full utilization and secondary extraction, and submit an application for issuance of the extraction permit to a competent authority. To be specific:
The forest owner that is an organization shall submit an application directly to the Department of Agriculture and Rural Development. The Department of Agriculture and Rural Development shall prepare and return the application receipt to the forest owner.
The forest owner that is an organization shall submit an application directly to the People’s Committee of the district. The People’s Committee of the district shall prepare and return the application receipt to the forest owner.
c) An application includes an application form for issuance of the extraction permit, and packing list of forest products.
d) Time limit for processing the application:
Within 03 working days from the receipt of the unsatisfactory application, the receiving authority shall request the forest owner to complete it.
Within 10 working days from the receipt of the satisfactory application, the competent authority shall issue the extraction permit and return the result to the forest owner.
3. Regarding reserve forests:
a) The extraction of forest products in reserve products shall be carried out as prescribed in Article 21 of the Government’s Decree No. 117/2010/ND-CP dated December 24, 2010.
b) Procedures for primary extraction, full utilization and secondary extraction:
Every forest owner shall verify and make a packing list of forest products intended for primary extraction, full utilization and secondary extraction which specifies their weight and types products and place of primary extraction, full utilization and secondary extraction, and submit an application for issuance of the extraction permit directly to the Department of Agriculture and Rural Development. The Department of Agriculture and Rural Development shall prepare and return the application receipt to the forest owner.
c) An application includes an application form for issuance of the extraction permit, and packing list of forest products.
d) Time limit for processing the application:
Within 03 working days from the receipt of the unsatisfactory application, the Department of Agriculture and Rural Development shall request the forest owner to complete it.
Within 10 working days from the receipt of the satisfactory application, the Department of Agriculture and Rural Development shall issue the extraction permit and return the result to the forest owner.
4. Primary extraction, full utilization, secondary extraction and commissioning of forest products
The forest owner shall carry out primary extraction, full utilization and secondary extraction as prescribed; determine weight and make a packing list of forest products after the primary extraction, full utilization and secondary extraction and request the local Forestry Service to verify the origin of forest products upon sale thereof.
Chapter III
IMPLEMENTATION
Article 12. Responsibilities of forest owners and extracting units
1. Comply with procedures for primary extraction, full utilization and secondary extraction of timber and non-timber forest products prescribed in this Circular.
2. Be responsible to law for the accuracy of the extraction design documentation and relevant documents they prepare, register, submit or request.
3. Carry out primary extraction, full utilization and secondary extraction of timber and non-timber products on their own. Be responsible to law for violations (if any) committed during preparation of extraction design documentation, extraction, compilation of packing lists and other relevant procedures in accordance with applicable regulations of law.
4. Comply with the reporting regulation prescribed in Article 19 of this Circular.
Article 13. Responsibilities of People’s Committees of communes
1. Strictly perform their tasks and exercise their power to receive documents about and carry out procedures for primary extraction, full utilization and secondary extraction of timber and non-timber forest products within their commune as prescribed in this Circular.
2. Be responsible to law for their verification and inspection and supervision pertaining to forest owners and timber and forest product extracting units under their management.
4. Request the People’s Committee of the district to promptly resolve difficulties of forest owners and units in primary extraction, full utilization and secondary extraction of timber and non-timber forest products.
5. Comply with the reporting regulation prescribed in Article 19 of this Circular.
The local Forestry Service and communal rangers shall assist the President of the People's Committee of the commune in performing the tasks specified in this Article.
Article 14. Responsibilities of People’s Committees of districts
1. Strictly perform their tasks and exercise their power to receive documents about and carry out procedures for primary extraction, full utilization and secondary extraction of timber and non-timber forest products within districts and provincial-affiliated cities as prescribed in this Circular. Inspect and supervise the implementation of procedures for primary extraction, full utilization and secondary extraction of timber and non-timber forest products by the People’s Committee of the commune.
2. Be responsible to law for their verification, issuance of extraction permits and inspection and supervision during primary extraction, full utilization and secondary extraction of timber and non-timber forest products within their district.
3. Request the People’s Committee of the province to promptly resolve difficulties of forest owners and units in primary extraction, full utilization and secondary extraction of timber and non-timber forest products.
4. Comply with the reporting regulation prescribed in Article 19 of this Circular.
The Forestry Service of the district and dedicated departments of the district shall assist the President of the People’s Committee of the district in performing the tasks prescribed in this Article.
Article 15. Responsibilities of People’s Committees of provinces
1. Strictly perform their tasks and exercise their power to carry out procedures for primary extraction, full utilization and secondary extraction of timber and non-timber forest products within their area as prescribed in this Circular.
2. Direct People's Committees of districts, People’s Committees of communes and authorities to perform state management of local forest protection and development.
3. Assign the plan for sustainable extraction of timber from natural forests to organizations.
4. Be responsible to the Prime Minister for any violations against regulations on primary extraction, full utilization and secondary extraction of timber and non-timber forest products within their province.
5. Direct inspection and supervision of the implementation of procedures for primary extraction, full utilization and secondary extraction of timber and non-timber forest products by the Department of Agriculture and Rural Development, People’s Committees of districts and People’s Committees of communes.
6. Comply with the reporting regulation prescribed in Article 19 of this Circular.
The Department of Agriculture and Rural Development shall assist the President of the People's Committee of the province in performing the tasks specified in this Article.
Article 16. Responsibilities of Department of Agriculture and Rural Development
1. Strictly perform its tasks and exercise its power to receive documents about and carry out procedures for primary extraction, full utilization and secondary extraction of timber and non-timber forest products within provinces as prescribed in this Circular.
2. Provide detailed guidelines for uniform compliance with the contents of forms and other documents concerning procedures for primary extraction, full utilization and secondary extraction of timber and non-timber forest products prescribed in this Circular.
3. Inspect and supervise the implementation of procedures for primary extraction, full utilization and secondary extraction of timber and non-timber forest products by People’s Committees of districts and People’s Committees of communes. Request People’s Committees of provinces or People’s Committees of districts and People’s Committees of communes not to assist the forest owners that commit violations or fail to comply with the prescribed reporting regulation in carrying out the procedures for primary extraction, full utilization and secondary extraction of timber and non-timber forest products.
4. Be responsible to the President of the People’s Committee of the province and Minister of Agriculture and Rural Development and to law for accuracy of approval for sustainable timber extraction design documentation and its implementation of procedures for primary extraction, full utilization and secondary extraction of forest products.
5. Comply with the reporting regulation prescribed in Article 19 of this Circular.
The Forest Protection Sub-Department shall assist the Director of the Department of Agriculture and Rural Development in performing the tasks specified in this Article.
Article 17. Responsibilities of Vietnam Administration of Forestry
1. Strictly perform its tasks and exercise its power to receive documents about and carry out procedures for primary extraction, full utilization and secondary extraction of timber and non-timber forest products nationwide as prescribed in this Circular.
2. Send a list of units eligible for carrying out sustainable extraction of forests to provinces and central-affiliated cities under the direction of the Prime Minister.
4. Instruct the Department of Agriculture and Rural Development to approve the extraction design documentation and issue the permit for sustainable extraction of timber. Carry out annual inspection of implementation of procedures and management of forest extraction by administrative divisions.
5. Handle issues that arise during primary extraction, full utilization and secondary extraction of timber and non-timber forest products as assigned by the Minister of Agriculture and Rural Development.
Article 18. Responsibilities of forestry authorities
1. Strictly perform their tasks and exercise their power to receive documents about and carry out procedures for primary extraction, full utilization and secondary extraction of timber and non-timber forest products within areas under their management as prescribed in this Circular.
2. Inspect, supervise and promptly detect violations against regulations on primary extraction, full utilization and secondary extraction of timber and non-timber forest products.
3. Determine weight of timber and non-timber forest products that are extracted, fully utilized or secondarily extracted as prescribed in this Circular.
Article 19. Reporting of primary extraction, full utilization and secondary extraction of forest products
1. Responsibility for submitting reports
a) Local Forestry Services shall cooperate with rangers in communes, forest owners and extracting units in submitting a consolidate report on primary extraction, full utilization and secondary extraction of timber and non-timber forest products to the People's Committee of the commune (the report is retained by the forest owner/extracting units).
b) The People’s Committee of the commune shall submit the report to the Forestry Service of the district.
c) The Forestry Service of the district shall submit the report to the People’s Committee of the district and Forest Protection Sub-department of the province.
d) The Forest Protection Sub-department of the province shall submit the report to the Department of Agriculture and Rural Development.
e) The Department of Agriculture and Rural Development shall submit the report to the People’s Committee of the province and Vietnam Administration of Forestry.
f) The People’s Committee of the province shall submit the report to the Ministry of Agriculture and Rural Development.
g) Vietnam Administration of Forestry shall prepare a consolidated report on primary extraction, full utilization and secondary extraction of timber and non-timber products nationwide.
2. Reporting period
a) Each forest owner that is an organization, local Forestry Service and rangers in communes shall submit the report to the People's Committee of the commune and assist the President of the People’s Committee of the commune in preparing and submitting the report Forestry Service of the district on the 18th of each month.
b) The Forestry Service of the district shall submit the report to the People’s Committee of the district and Forest Protection Sub-department of the province on the 20th of each month.
c) The Forest Protection Sub-department shall submit the report to the Department of Agriculture and Rural Development and assist the Director of the Department in preparing and submitting the report to the Vietnam Administration of Forestry and People’s Committee of the province on the 22th of each month.
d) The People’s Committee of the province shall submit biannual and annual reports.
dd) Vietnam Administration of Forestry shall submit annual reports to the Ministry of Agriculture and Rural Development and assist the Ministry in preparing and submitting biannual and annual reports to the Government.
3. Contents of the report
a) Weight of timber primarily extracted, fully utilized and secondarily extracted from natural forests and planted forests.
b) Weight of non-timber forest products that are primarily extracted, fully utilized and secondarily extracted.
c) Assessment of implementation of procedures and norms for primary extraction, full utilization and secondary extraction; difficulties that arise during the implementation.
Article 20. Implementation clause
1. This Circular comes into force from August 15, 2016.
2. This Circular replaces the Circular No. 35/2011/TT-BNNPTNT dated May 20, 2011 on guidelines for extraction and secondary extraction of timber and non-timber forest products.
3. Regulations on tree marking hammer and use of tree marking hammer specified in the following documents are null and void:
The Circular No. 70/2011/TT-BNNPTNT dated October 24, 2011, Circular No. 87/2009/TT-BNNPTNT dated December 31, 2009 and Decision No. 44/2006/QD-BNN dated June 01, 2006 of the Minister of Ministry of Agriculture and Rural Development.
4. The following Appendices are enclosed with this Circular:
a) Appendix 1: Specimen of primary extraction, full utilization and secondary extraction design documentation, applicable to Points a and b Clause 3 Article 4; Points b and c Clause 2 Article 6.
b) Appendix 2: Packing list of extracted forest products, applicable to Point a Clause 2 Article 5; Point b Clause 2 and Point c Clause 3 Article 6; Point b Article 7; Clause 3 Article 8; Clauses 2 and 3 Article 9; Points a and b Clause 2 Article 10; Clause 1 Points b and c Clause 2 and Points b and c Clause 3 Article 11.
b) Appendix 3: Application form for issuance of extraction permit, applicable to Point b Clause 3 Article 4; Point c Clause 2 and Article 6; Point b Clause 2 Article 10; Point c Clause 2 and Point c Clause 3 Article 11.
d) Appendix 4: Specimen of the report on extraction of timber and non-timber forest products, applicable to Article 19.
5. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Agriculture and Rural Development./.
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