Chương II Nghị định 156/2018/NĐ-CP: Quy chế quản lý rừng

Chapter II

FOREST MANAGEMENT REGULATIONS

Section 1. CRITERIA FOR FOREST DETERMINATION

Article 4. Criteria applied for natural forests

Natural forests are primeval forests and secondary forests that satisfy the following requirements:

1. The canopy of timbers, bamboos and family palmae (hereinafter referred to as “forest trees”) which are main components of the natural forest is at least 0.1.

2. The inter-regional area is at least 0.3 ha.

3. Average height of main forest trees shall be classified based upon geographical conditions as follows:

a) For natural forests on hills and plains: at least 5 m;

b) For freshwater swamp natural forests: at least 2.0 m;

c) Natural forests on land inundated by acid sulfate: at least 1.5 m

d) Natural forests on rock mountains, sandy land, salt marshes and other forests growing under special ecological conditions: at least 1.0 m

Article 5. Criteria applied for planted forests

Planted forests include new forests planted on non-forested lands, forests re-planted after exploitation or due to other causes, forests developed from extremely poor natural forests and planted forests reproduced after forest exploitation, which satisfy the following criteria:

1. The canopy of forest trees is at least 0.1.

2. The inter-regional area is at least 0.3 ha.

3. Average height of forest trees shall be classified based upon geographical conditions as follows:

a) For planted forests on hills, mountain soils, deltas and salt marshes: at least 5 m.

b) For planted forests on mountain rocks integrated with soils and freshwater swamp planted forests: at least 2 m;

c) For planted forests on sandy land and salt marshes: at least 1 m.

Article 6. Criteria applied for reserve forests

1. National parks satisfying the following criteria:

a) Have at least 1 natural ecosystem featuring one region, the nation or international country or at least 1 endemic species of Vietnam or more than 5 species on the list of endangered and rare forest animals and forest plants;

b) Have special significance to science and education, landscape and unique feature of the nature and values to ecotourism, hospitality and entertainment services;

c) Have the inter-regional area of at least 7,000 ha, 70%of which is forest ecosystem.

2. Natural reserves satisfying the following criteria:

a) Have a natural ecosystem that is nationally or internationally significant or features or represents a natural ecoregion;

b) House at least 5 species on the list of endangered and rare forest animals and forest plants;

c) Have a special significance to science, education or ecotourism, hospitality and entertainment services;

d) Have inter-regional area of at least 5,000 ha, 90%of which is forest ecosystem.

3. Species and habitat reserves satisfying the following criteria:

a) House at least 1 endemic species or 1 species on the list of endangered and rare forest animals and forest plants on a regular or seasonal basis;

b) Ensure feed, living and reproducing conditions for sustainable conservation of endemic species or species on the list of endangered and rare forest animals and forest plants;

c) Have a special significance to science and education;

d) Have inter-regional area meeting requirements for sustainable conservation of species on the list of endangered and rare forest animals and forest plants.

4. Landscape protection areas including:

a) Forests used for preservation of historical and cultural heritage and landscape that has environmental scenery or unique feature of nature; historical and cultural heritage or landscape graded by the competent regulatory agency or subjects on the list of heritage stocktaking as per provisions of the law on culture; and has a value to science, education, ecotourism, hospitality and entertainment services;

b) Holy forests that has environmental scenery or unique feature of nature and is associated with beliefs and customs of the forest-dependent community;

c) Forests protecting environment of urban areas, industrial zones, export-processing zones, economy zones and hi-tech zones that protect environment and landscape and are planned associated with urban areas, industrial zones, export-processing zones, economy zones and hi-tech zones.

5. Forests used for scientific research and experiment purpose satisfying the following criteria:

a) Have e ecosystem that meet requirements for scientific research and experiments by science and technology organizations or vocational training institutions performing forestry-related scientific research and experiments;

b) Have forest area satisfying objectives and requirements of scientific research and experiments, technological development and sustainable forestry education.

6. National botanic gardens

Forests used for reserve and collection of Vietnamese and world plants serving research, sightseeing and education purpose which have at least 500 species of timbers and area of 50 ha and more.

7. National forest nurseries that:

a) are forests of converted or planted varieties of plants on the list of main plant varieties for forestry;

b) satisfy national standards for planted forests and have an area of at least 30 ha.

Article 7. Criteria applied for protection forests

1. Headwater protection forests are forests in the basin of rivers or reservoirs that satisfy the following criteria:

a) In terms of topography: hilly and rocky area with at least 15 degrees slope;

b) In terms of precipitation: the average annual precipitation is at least 2,000 mm or at least 1,000 mm for precipitation concentrated in 2 to 3 months;

c) In terms of soil texture and soil density: sandy soil or medium sandy loam of density of less than 70 cm of less than 30 cm for fine or medium loam.

2. Forests used for protection of water sources of the community

Forests providing daily water for production by forest-dependent community which are associated with customs and traditions of the community and are protected and used by such community.

3. Bordering protection forests

Protection forests in bordering areas associated with mandatory regions for national defense and security formed under the request of border management authorities.

4. Wind/sand shielding protection forests satisfying the following criteria:

a) Coastal wind/sand shielding protection forests stretch at least 300 m or 200 m measured from the annual highest sea level to the mainland for eroded seashore and uneroded seashore, respectively;

b) Wind/sand shielding protection forests behind the protection forests specified in Point a this Clause stretch at least 40 m in case of the sandy region of least 100-ha area or active sand dune or sand area of slope of at least 15 degrees. The width of each forest stretch is at least 30 m in case of sand area of less than 100 ha or inactive sand area or sand area of 15 -degree slope

5. Protection forests for tide shielding or sea encroachment prevention satisfying the following criteria:

a) The width of forest stretch is from 300 to 1000 m according to each ecosystem in case of coastal aggradations or coastal stability;

b) The minimum width of forest stretch is 150 m in case of coastal erosion;

c) The width of forest stretch is at least 20 m measured from the dike footing with at least 2 stretches of forest trees for river mouth;

d) The width of forest stretch is at least 100 m (dike available) and 250 m (without dike) for coastal lagoon.

Article 8. Criteria applied for production forests

Forests satisfying criteria applied for natural forests and planted forests specified in Article 4 and 5 herein but not criteria for reserve forests and protection forests prescribed in Article 6 and 7 herein.

Section 2. RESERVE FOREST MANAGEMENT

Article 9. Establishment of reserve forest zones

1. Principles for establishment of reserve forest zones

a) Have a project on establishment of reserve forest zones in consistent with national forestry planning not regulated by Point c Clause 1 Article 8 of Decree No.65/2010/ND-CP date June 11, 2010 of the Government on enforcement of a number of the Law on Biodiversity;

b) Satisfy criteria applied for each type of reserve forests specified in Article 6 herein

2. Contents of the project on establishment of reserve forest zone

a) Assessment of natural conditions, forest conditions in reality and natural ecosystems; values to biodiversity and genetic resources and significance to history, culture, landscape, ecotourism, hospitality and entertainment services, science, experiments environmental education and forest environmental service provision;

b) Assessment of management and use of forests, lands and water surface included in the project in reality;

c) Assessment of living conditions and social-economic conditions;

d) Determination of objectives of reserve forest zone establishment meeting criteria applied for reserve forests;

dd) Determination of boundaries and area of the reserve forest and buffer zones thereof on the map;

e) Activity programs and plans for settlement of living of the community in buffer zones, methods for implementation and management;

g) Determination of general estimate of investment capital, investment separation; funding for recurrent forest protection, conservation and improvement of living conditions and investment quality;

h) Project implementation

3. Application for establishment of reserve forest zone includes:

a) Application form for establishment of reserve zone (the original);

b) Project on establishment of reserve forest zone (the original);

c) A map showing real condition of reserve forest zone (the original) at the scale of 1/5,000 or 1/10,000 or 1/25,000 under the Vietnam's national Reference System VN2000 according to area of the reserve forest zone;

d) A consolidated report on onions from relevant entities;

dd) Appraisal results

4. Procedures for establishing the reserve forest zone located in 2 or more than 2 provinces or centrally-affiliated cities.

The Ministry of Agriculture and Rural Development shall take charge of preparing and sending the project to the Prime Minister for approval and issuance of decision on establishment of reserve forest zone as follows:

a) Develop a project on establishment of reserve forest zone as prescribed in Clause 2 this Article;

b) Request advice from ministries, ministerial agencies, provincial People’s Committees and relevant entities. The aforesaid entities shall response in writing to the Ministry of Agriculture and Rural Development within 20 working days from the day receiving the request;

c) The Ministry of Agriculture and Rural Development shall appraise the application within 30 working days;

d) The Prime Minister shall consider whether to grant approval for the establishment project within 30 working days from the day on which the satisfactory application is received.

5. Procedures for establishing the reserve forest zone not specified in Clause 4 this Article

The Department of Agriculture and Rural Development shall take charge of preparing the construction project and send such project to the provincial People’s Committee for approval and issuance of decision on establishment as follows:

a) Develop a project on establishment of reserve forest zone as prescribed in Clause 2 this Article;

b) Request advice from the Ministry of Agriculture and Rural Development and relevant organizations and individuals The aforesaid entities shall response in writing to the provincial People’s committee within 20 working days from the day receiving the request;

c) The Department of Agriculture and Rural Development shall appraise the application within 30 working days;

d) The Chairperson of provincial People’s Committee shall consider whether to grant approval for such project within 30 working days from the day on which the satisfactory is received.

Article 10. Responsibilities for management of reserve forests

1. The Ministry of Agriculture and Rural Development shall be responsible to the governmental management authorities for the system of reserve forests throughout the country and take charge of managing reserve forests located in 2 or more than 2 provinces or centrally-affiliated cities.

2. Provincial People’s Committees shall perform state management for local reserve forest system.

Article 11. Protection of reserve forests

1. Protecting forest ecosystem

a) Protection of forest ecosystem shall comply with regulations in Article 37 of the Forestry Law;

b) The following actions taken within the reserve forest shall be prohibited: actions causing changes to natural scenery of the forest; illegal exploitation of creature resources and other natural resources; environmental pollution-causing actions; carrying hazardous chemicals, explosive or flammable substances against law provisions into the forest; grazing cattle or poultry or pets in the strictly protected sub-zone of the reserve forest.

2. Protecting forest animals and plants

a) Protection of forest animals and plants shall comply with regulations in Article 38 of the Forestry Law; Government’s regulations on management of endangered and rare forest animals and forest plants in conformity with the convention on international trading in endangered wildlife animals and plants.

b) All forests animals living in the reserve forest must be protected from actions that lead to negative effects on their habitat and sources of feed.

c) Local healthy animals may be grazed in the reserve forest as allocated; however, the quantity of each species grazed into the forest must suitable for their habitat and feed and ensure the balance in forest ecosystem;

d) Grazing or husbandry of animals or plants not naturally allocated in the reserve forest is prohibited.

3. Complying with forest fire safety regulations specified in Chapter IV hereof.

4. Complying with regulations on prevention and elimination of organisms harmful to forests as prescribed in Article 40 of the Forestry Law.

Article 12. Exploitation of forest products of reserve forests

1. With regard to national parks, natural reserves and species - habitat reserves

a) Forest products to be exploited or sampled are specified in Point b, c and d Clause 1 Article 52 of the Forestry Law.

a) Exploitation is permitted if there is a plan for full utilization of wood as prescribed by the Ministry of Agriculture and Rural Development for forest products specified in Point b Clause 1 Article 52 of the Forestry Law; decision on forest repurposing for forest products specified in Point c Clause 1 Article 52 of the Forestry Law; scientific program or research approved for forest products specified in Point d Clause 1 Article 52 of the Forestry Law.

2. With regard to forests used for landscape protection

a) Forest products to be exploited or sampled are specified in Clause 2 Article 52 of the Forestry Law;

a) Exploitation is permitted if there is a bio-forestry plan in case of full utilization within the scope of land clearance specified in Point a Clause 2 Article 52 of the Forestry Law; scientific program or scientific research approved for forest products specified in Point d Clause 2 Article 52 of the Forestry Law; plan for full utilization of woods as regulated by the Ministry of Agriculture and Rural Development for forest products specified in Point c Clause 2 Article 52 of the Forestry Law.

3. With regard to forests used for scientific research and experiments

a) Forest products to be exploited or sampled are specified in Clause 3 Article 52 of the Forestry Law;

a) Exploitation is permitted if there is a scientific program or scientific research subject approved for forest products specified in Point and c Clause 3 Article 52 of the Forestry Law; bio-forestry plan in case of full utilization during adoption of bio-forestry methods for forest products specified in Point b Clause 3 Article 52 of the Forestry Law or decision on forest repurposing for forest products fully utilized with the scope of land clearance specified in Point b Clause 3 Article 52 of the Forestry Law.

4. With regard to national botanic gardens and national forest nurseries

a) Forest products to be exploited are specified in Clause 4 Article 52 of the Forestry Law;

a) Exploitation is permitted if there is a bio-forestry plan in case of full utilization during adoption of bio-forestry methods for forest products specified in Point b Clause 4 Article 52 of the Forestry Law; plan for full utilization of woods as regulated by the Ministry of Agriculture and Rural Development for forest products specified in Point b Clause 4 Article 52 of the Forestry Law or decision on forest repurposing for forest products fully utilized within the scope of land clearance specified in Point b Clause 4 Article 52 of the Forestry Law.

Article 13. Scientific research, training and practice in reserve forests

1. In case the scientific research, training or practice is organized by the forest owner, the aforesaid activities shall be carried out by according to the approved plan or project.

2. Scientific research organizations, training institutions, scientists or students not specified in Claus 1 this Article doing scientific research, training or practice must:

a) prepare a plan for scientific research, training and practice in reserve forests (the original);

b) ensure that scientific research, training, practice, collection of samples and genetic source, transport, storage and announcement of samples and genetic sources comply with law provisions, management regulations under the guidance and supervision of the forest owner;

c) notify the result of scientific research, training and practice; documents announced nationwide or internationally (if any) to the forest owner;

Article 14. Procedures for preparing, appraising, approving and running schemes for ecotourism, hospitality and entertainment services in reserve forests

1. The forest owner shall prepare a scheme on ecotourism, hospitality and entertainment services in consistent with the approved sustainable forest management plan. The scheme shall contain the following information:

a) Real condition of natural resources, tourism resources and products of ecotourism, hospitality and entertainment services;

b) Detailed explanation of the plan for development routes or places for ecotourism, hospitality and entertainment services including: locations, area, condition in reality, purposes, time and method for implementation;

c) Locations and sizes of construction works serving ecotourism, hospitality and entertainment services;

d) Methods for forest protection and development, nature and biodiversity preservation and environmental protection;

dd) Supervision of ecotourism, hospitality and entertainment services;

e) Maps at scale of 1/5,000 or 1/10,000 or 1/25,000 under the Vietnam's national Reference System VN2000, including maps of natural resources and tourism resources in reality of the reserve forest; maps for planning of place for ecotourism, hospitality and entertainment services and organization of architecture and infrastructure of the reserve forest.

2. An application for ecotourism, hospitality and entertainment services shall include:

a) An application form prepared by the forest owner (the original);

b) The scheme on ecotourism, hospitality and entertainment services specified in Clause 1 this Article (the original)

3. Procedures for appraising and approving the scheme on ecotourism, hospitality and entertainment services

a) The forest owner shall send 2 applications specified in Clause 2 this Article to the Department of Agriculture and Rural Development directly or by post if the reserve forest is under local management or to the General Department of Forestry if the reserve forest is under management of the Ministry of Agriculture and Rural Development.

In case the application is found unsatisfactory, the receiving authority shall notify in writing to the forest owner for him/her to provide additional information within 3 working days from the day on which the application is received;

b) The receiving authority mentioned in Point a this Clause shall ask for opinions from relevant entities within 15 working days;

c) Such receiving authority shall appraise the application within 20 working days;

d) The provincial People’s Committee or Ministry of Agriculture and Rural Development shall grant approval for the scheme on ecotourism, hospitality and entertainment services within 15 working days from the day on which the satisfactory application is received.

4. Scope of appraisal:

a) Natural resources, tourism resources and other tourism-related products in reality;

b) Locations and sizes of construction works serving ecotourism, hospitality and entertainment services;

c) Time and methods for implementation;

d) Methods for forest protection and development, nature and biodiversity preservation and environmental protection;

dd) Supervision of ecotourism, hospitality and entertainment services;

5. Running schemes on ecotourism, hospitality and entertainment services

a) After the scheme is approved, the forest owner shall take charge and cooperate with the entity preparing such scheme in running the scheme or lease out the forest environment suitable for the approved scheme to such entity. The scheme on ecotourism, hospitality and entertainment services shall be prepared in compliance with provisions of the Forestry Law and other relevant law provisions;

b) The forest owner shall provide guidelines, check and supervise the entity hiring the forest environment for scheme running as per law provisions;

s) Funding for preparing the scheme shall be balanced in the annual financial plan as regulated by current State’s regulations. In case such scheme is prepared in association with another entity, funding for preparing the scheme shall be mutually decided by both parties. Funding for preparing the scheme shall be provided by the entity hiring the forest environment.

6. Lease of forest environment for provision of ecotourism, hospitality and entertainment services

Lease of forest environment for provision of ecotourism, hospitality and entertainment services. Lease of reserve forest environment for provision of ecotourism, hospitality and entertainment services must be widely announced. Lease prices shall be mutually determined by both parties but not lower than 1% of total realized revenue in the year of the lessee; If 2 more than 2 entities ask for lease of forest environment at the same time, an auction shall be conducted in which the reserve price is not lower than 1 % of total annual realized revenue of the entity leasing the forest environment within the area permitted for lease. The leasing period shall not exceed 30 years; the lessor shall carry out assessment of contract execution once every 5 years and consider whether to extend the lease contract if the lessee abides by all contract provisions and desire contract renewal by the expiry date of such contract.

b) Before entering the contract of forest environment lease, the forest owner shall check stock of forest resources within the forest area for lease as the basis for lease, supervision and assessment of contract execution.

Article 15. Management of construction of works used for ecotourism, hospitality and entertainment services in reserve forests

1. Construction of works used for ecotourism, hospitality and entertainment services shall not affect biodiversity and forest scenery and must be consistent with the scheme on ecotourism, hospitality and entertainment services approved by the competent authority as prescribed in Point d Clause 3 Article 14 herein.

2. Only paths, overhead cables, underground cables, observation stations, tents and sign boards for forest protection in association with ecotourism purpose are constructed within the strictly protected sub-zone of the reserve forest.

3. Only appropriate roads whose size does not exceed that of class IV mountainous roads, observation stations, tents, sign boards, overhead cables, underground cables and bridges for swamp forests are constructed within the ecological restoration sub-zone of the reserve forest.

4. Works used for ecotourism, hospitality and entertainment services and upholding of values of historical - cultural heritage and landscape may be constructed within the administrative and service sub-zone of the national park, nature reserve, species-habitat reserve, landscape protection area and forest used for scientific research and experiments if such construction:

a) cause no harm to the conservation process or the forest landscape or the forest trees; construction works must be dependent on nature and associated to the forest landscape and the maximum height of works used for hospitality services shall not exceed 12 m;

b) does not cause loss of State ownership of forests and natural resources on Earth’s surface and underground natural resources;

c) is carried out in vacant land, grassplot or land with bushes that fail for self-restoration;

d) is carried out in combination with responsibility for protection, conservation and development of forest resources in the area for ecotourism, hospitality and entertainment services and is under guidance, inspection and supervision of the forest owner;

dd) does not cause harm to national defense and security, landscape and historical - cultural heritage.

Article 16. Stabilization of livelihood of people residing in reserve forests and buffer zones thereof

1. Buffer zone determination

a) Internal buffer zone of the reserve forest is the zone in which a community reside before such forest zone is established providing no favorable conditions for emigration but planned for sustainable settlement of forest-dependent residents in consistent with the reserve forest planning; the area of internal buffer zone shall be determined according to Earth's surface and water surface used in reality by the community before establishment of the reserve forest zone;

b) External buffer zone of the reserve forest includes the zone in which a community lives and do traditional production activities and the area of villages located adjacent to the outer boundaries of the reserve forest;

c) The external buffer zone of the reserve forest whose boundaries are contiguous to national boundaries, protection forest zone, other reserves or national defense zone shall not be determined at such contiguous zone.

2. Investment programs or plans for buffer zone development shall include:

a) assessment of natural conditions, socio-economic conditions, living conditions and forest resources, land and water surface used in reality;

b) methods for forest protection and natural ecosystem and biodiversity preservation;

c) assistance given to the community residing in the buffer zone in forestry, agriculture and fishing business to achieve social, economic and environmental efficiency conformable to the local customs;

d) education dissemination to raise awareness of law provisions regarding forest protection and ecosystem and biodiversity preservation;

dd) assistance in infrastructure investment for socio-economic development purpose to ease the pressure on preservation activities in reserve forests according to the investment policy and financial mechanism applied to the system of reserve forests as regulated;

e) determination of investment capital desires, investment capital sources and investment separation;

g) organization of management of buffer zones which clearly specify duties, responsibilities and rights of commune-level People’s Committees, community living in buffer zones and management board of reserve forest zone for implementation of project for buffer zone investment.

3. The management board of reserve forest zone shall take charge and cooperate with governmental authorities and community in the buffer zone in preparing program or projects for buffer zone investment. Application for appraisal and approval of such program/project shall be made under regulations of the Law on Public Investment.

Section 3. PROTECTION FOREST MANAGEMENT

Article 17. Establishment of protection forest zones

1. Principles for establishment of protection forest zones

a) Have a project on establishment of the protection forest zone in consistent with the national forestry planning;

b) Satisfy criteria applied for each type of protection forests specified in Article 7 herein.

2. The project on establishment of protection forest zone shall include:

a) Assessment of natural conditions, forest conditions in reality and natural ecosystems; significances to ecotourism, hospitality and entertainment services, provision of woods and forest products other than woods, forest environmental service provision and biodiversity;

b) Assessment of management and use of forests, lands and water surface included in the project in reality;

c) Assessment of living conditions and social-economic conditions;

d) Determination of objectives of protection forest zone establishment meeting criteria applied for protection forests;

dd) Determination of boundaries and area of the protection forest zone on the map;

e) Activity programs and methods for implementation and management organization;

g) Determination of general estimate of investment capital, investment separation; funding for recurrent protection and improvement of living conditions and investment quality;

h) Project implementation

3. Application for establishment of protection forest zone includes:

a) An application form prepared by the management authority of the protection forest (the original);

b) Project on establishment of protection forest zone (the original);

c) A map showing real condition of the protection forest (the original) at the scale of 1/5,000 or 1/10,000 or 1/25,000 under the Vietnam's national Reference System VN2000 according to area of the protection forest;

d) A consolidated report on opinions from relevant entities;

dd) Appraisal results

4. Procedures for establishing the protection forest zone in 2 or more than 2 provinces or centrally-affiliated cities

The Ministry of Agriculture and Rural Development shall take charge of preparing and sending the project to the Prime Minister for approval and decision on establishment of protection forest zone as follows:

a) Set up a project on establishment of protection forest zone as prescribed in Clause 2 this Article;

b) Request opinions from ministries, ministerial agencies, provincial People’s Committees and relevant entities

The aforesaid entities shall response in writing to the Ministry of Agriculture and Rural Development within 20 working days from the day receiving such request;

c) The Ministry of Agriculture and Rural Development shall appraise the application within 30 working days;

d) The Prime Minister shall consider whether to grant approval for the project within 30 working days from the day on which the satisfactory application is received.

5. Procedures for establishing the protection forest zone not specified in Clause 4 this Article

The Department of Agriculture and Rural Development shall take charge of preparing the establishment project and send such project to the provincial People’s Committee for approval and decision on establishment as follows:

a) Set up a project on establishment of protection forest zone as prescribed in Clause 2 this Article;

b) Request opinions from relevant organizations and individuals The aforesaid entities shall response in writing to the provincial People’s committee within 20 working days from the day receiving such request;

c) The Department of Agriculture and Rural Development shall appraise the application for forest zone establishment within 30 working days;

d) The Chairperson of provincial People’s Committee shall consider whether to grant approval for such project within 30 working days from the day on which the satisfactory is received.

Article 18. Responsibilities for management of protection forests

1. The Ministry of Agriculture and Rural Development shall be responsible to the governmental management authorities for the nationwide system of protection forest and take charge of managing protection forests zones located in 2 or more than 2 provinces or centrally-affiliated cities.

2. Provincial People’s Committees shall perform state management for local protection forest system.

Article 19. Protection of protection forests

1. Protecting forest ecosystem

a) Protection of forest ecosystem shall comply with regulations in Article 37 of the Forestry Law;

b) The following actions taken in the protection forest shall be prohibited: actions causing changes to natural scenery of the forest; illegal exploitation of creature resources and other natural resources; environmental pollution-causing actions; carrying hazardous chemicals, explosive or flammable substances against law provisions into the forest; grazing cattle or poultry or pets in the currently planted forest area during nurturing process.

2. Protecting forest animals and forest plants

a) Protection of forest animals and forest plants shall comply with regulations in Article 38 of the Forestry Law; Government’s regulations on management of endangered and rare forest animals and forest plants in conformity with the convention on international trading of endangered wildlife animals and plants.

b) All forests animals living in the protection forest must be protected from actions that lead to negative effects on their habitat and sources of feed.

3. Complying with forest fire safety regulations specified in Chapter IV hereof.

4. Complying with regulations on prevention and elimination of organisms harmful to forests as prescribed in Article 40 of the Forestry Law.

Article 20. Exploitation of forest products in protection forests

1. In case of logging in natural protection forests

a) Forest products to be exploited are specified in Clause 1 Article 55 of the Forestry Law;

b) Logging is permitted if there is a plan for full utilization of woods as regulated by the Ministry of Agriculture and Rural Development; exploitation of upright trucks in the forest with tree density beyond the specified one is only conducted in the forest open day;

c) Selection cutting method shall apply in case of upright truck logging and intensity thereof shall not exceed 20% of wood reserves, and the post-logging canopy must be over 0.6.

2. In case of exploitation of non-timber forest products in natural protection forests

a) Forest products to be exploited are specified in Clause 2 Article 55 of the Forestry Law;

b) Exploitation is only permitted if it ensures sustainable development of the forest and that the exploitation output is not greater than the amount of growth of the species and cause ho harm to the protection function of the forest;

c) The exploitation method shall be decided by the forest owner.

3. In case of logging in planted protection forests

a) Forest products to be exploited are specified in Clause 3 Article 55 of the Forestry Law;

b) Logging is permitted if there is a logging plan as regulated by the Ministry of Agriculture and Rural Development.

c) Logging method: Pruning of main trees must ensure the remaining tree density is at least 600 tree units per hectare and such trees are distributed throughout the forest plot. Selection cutting of main forest trees shall apply provided that the exploitation intensity does not exceed 20% of the forest reserve. Strip clearcut shall apply provided that the strip’s length does not exceed 30m; in case of patch clearcut, the area of each patch shall not exceed 3 ha and total annual logging area shall not exceed 20% of total forest area eligible to perform protection function

4. Full utilization in natural and planted protection forests

a) Timber trees in forest areas converted for another purpose may be fully utilized during adoption of technical bio-forestry method serving training and scientific research purpose.

b) Wood utilization is permitted if only the competent authority grants approval for forest repurposing or the bio-forestry project or scientific research program.

Article 21. Regulations on enjoying benefits arising from forest product exploitation protection forests

1. Enjoying benefits arising from forest product exploitation is specified in Article 55 of the Forestry Law.

a) The protection forest owner may fully enjoy benefits arising from forest products exploited in natural protection forests after fulfilling financial obligations as regulated by the State;

b) The protection forest owner may fully enjoy benefits arising from forest products exploited in protection forests planted by state funding or assistance from programs or projects funded by state budget after fulfilling financial obligations as regulated by the State.

c) Persons receiving protection forests from the State or forest management authorities for self-investment are entitled to enjoy all products collected from exploitation.

2. The management board of protection forests may enjoy benefits arising from non-forest product services and pay to the transferee, and share such benefits to family households, individuals and community involved in forest protection as regulated by the State.

3. The management board of protection forests and persons whose forest are allocated or transferred under lump-sum contracts for stable protection and use purpose may enjoy all agriculture-fishing products and non-timber forest products after fulfilling financial obligations as regulated by the State.

Article 22. Scientific research, training and practice in protection forests

1. In case the scientific research, training or practice is organized by the forest owner, the aforesaid activities shall be carried out by according to the approved plan or project.

2. Scientific research organizations, training institutions, scientists or students not specified in Claus 1 this Article doing scientific research, training or practice must:

a) prepare a plan for scientific research, training and practice in protection forests (the original);

b) ensure that scientific research, training, practice, collection of samples and genetic source, transport, storage and announcement of samples and genetic sources comply with law provisions management regulations under the guidance and supervision of the forest owner;

c) notify the result of scientific research, training and practice; documents announced nationwide or internationally (if any) to the forest owner;

Article 23. Procedures for preparing, appraising, approving and running schemes on ecotourism, hospitality and entertainment services in protection forests

1. The forest owner shall prepare a scheme on ecotourism, hospitality and entertainment services in consistent with the approved sustainable forest management plan. The scheme shall contain the following information:

a) Real condition of natural resources, tourism resources and products of ecotourism, hospitality and entertainment services;

b) Detailed explanation of the plan for development of routes and places for ecotourism, hospitality and entertainment services including: locations, area, condition in reality, purposes, time and method for implementation;

c) Locations and sizes of construction works serving ecotourism, hospitality and entertainment services;

d) Methods for forest protection and development, nature and biodiversity preservation, environmental protection and maintenance of protection function of the forest;

dd) Organization of supervision of ecotourism, hospitality and entertainment services;

e) Ecotourism maps at scale of 1/5,000 or 1/10,000 or 1/25,000 under the Vietnam's national Reference System VN2000, including maps of natural resources and tourism resources in reality; maps for planning of places for ecotourism and organization of architecture and infrastructure of the protection forest.

2. An application for the scheme on ecotourism, hospitality and entertainment services shall include:

a) An application form prepared by the forest owner (the original);

b) The scheme on ecotourism, hospitality and entertainment services specified in Clause 1 this Article (the original)

3. Procedures for appraising and approving the scheme

a) The forest owner shall send 2 applications specified in Clause 2 this Article to the Department of Agriculture and Rural Development directly or by post if the protection forest is under local management or to the General Department of Forestry if the protection forest is under management of the Ministry of Agriculture and Rural Development.

In case the application is found unsatisfactory, the receiving authority shall notify in writing to the forest owner for him/her to provide additional information within 3 working days from the day on which the application is received. ;

b) The receiving authority mentioned in Point a this Clause shall ask for opinions from relevant entities within 15 working days;

c) Such receiving authority shall appraise the application within 20 working days;

d) The provincial People’s Committee or Ministry of Agriculture and Rural Development shall grant approval for the scheme within 15 working days from the day on which the satisfactory application is received.

4. Scope of appraisal:

a) Natural resources, tourism resources and other tourism-related products in reality;

b) Locations and sizes of construction works used for ecotourism, hospitality and entertainment services;

c) Time and methods for implementation;

d) Methods for forest protection and development, nature and biodiversity preservation, environmental protection and maintenance of protection function of the forest;

dd) Organization of supervision of ecotourism, hospitality and entertainment services;

5. Running schemes on ecotourism, hospitality and entertainment services

a) After the scheme is approved, the forest owner shall take charge and cooperate with the organization/individual preparing such scheme in running the scheme or lease out the forest environment suitable for the approved scheme to such entity. The scheme for investment in ecotourism, hospitality and entertainment services shall be made in compliance with provisions of the Forestry Law and other relevant law provisions;

b) The forest owner shall provide guidelines, check and supervise the entity hiring the forest environment for scheme running as per law provisions;

s) Funding for setting up the scheme shall be balanced in the annual financial plan as regulated by current State’s regulations. In case such scheme is developed in association with another entity, funding for preparing the scheme shall be mutually decided by both parties. Funding for preparing the scheme shall be provided by the entity hiring the forest environment.

6. Lease of forest environment for provision of ecotourism, hospitality and entertainment services

a) The forest owner is entitled to lease out protection forest environment to entities to trade in ecotourism, hospitality and entertainment services. Lease of protection forest environment for provision of ecotourism, hospitality and entertainment services must be widely announced. Lease prices shall be mutually determined by both parties but not lower than 1% of total realized revenue in the year of the lessee; If 2 more than 2 entities ask for lease of the forest environment at the same time, an auction shall be conducted in which the reserve price is not lower than 1 % of total annual realized revenue of the entity leasing the forest environment within the area permitted for lease. Lease duration shall not exceed 30 years. The lessor shall carry out assessment of contract execution once every 5 years and consider whether to extend the lease contract if the lessee abides by all contract provisions and desire contract renewal by the expiry date of such contract.

b) Before entering the contract of forest environment lease, the forest owner shall check stock of forest resources within the forest area for lease as the basis for lease, supervision and assessment of contract execution.

Article 24. Management of construction of works used for ecotourism, hospitality and entertainment services in protection forests

1. Construction of works used for ecotourism, hospitality and entertainment services shall not cause effects on biodiversity, natural landscape and protection function of the forest and must be consistent with the scheme on ecotourism, hospitality and entertainment services approved by the competent authority as prescribed in Point d Clause 3 Article 23 herein.

2. Construction of works used for ecotourism, hospitality and entertainment services must:

a) cause no harm to the landscape or the forest trees; construction works must be dependent on nature and associated to the natural landscape as regulated by law provisions;

b) not cause loss of State ownership of forests and natural resources on Earth’s surface and underground natural resources;

c) be carried out in vacant land, grassplot or land with bushes that fail for self-restoration;

d) be carried out in combination with responsibility for protection, conservation and development of forest resources in the area for ecotourism, hospitality and entertainment services and must be under the guidance, inspection and supervision of the forest owner;

dd) not cause harm to national defense and security, landscape and historical - cultural heritage.

Article 25. Combined forestry-agriculture-fishing production in protection forests

1. Principles

a) Not allow combined forestry-agriculture-fishing production in headwater protection forests of slope of more than 30 degrees; eroded coasts within protection forests for wind/sand shielding, protection forests for tire shielding or sea encroachment prevention;

b) Use forest environment and space in an efficient manner for combined forestry-agriculture-fishing production purpose;

c) Ensure harmony in interests of the State and forest owners, organizations, individuals, family households and community involved in forestry-related activities

2. In case of forested land

It is allowed to plant alternately agricultural plants and non-timber forest products, raise and plant aquatic products under forest canopies provided that forest area, forest quality and capability of forest reproduction and forest protection are not affected.

3. In case of vacant land

a) Forest owner and family households, individuals or community whose land is allocated under lump-sum contracts for stable use purpose may use the vacant land for combined forestry-agriculture-fishing production purpose but they must plant forests on the land area assigned in such a way that at least 80% of such land is covered by forest trees for headwater protection forests, wind/sand shielding protection forests and 60% for combined aquaculture mangrove. Technical bio-forestry measures for protection forest development purpose shall be taken as regulated by the Ministry of Agriculture and Rural Development;

b) It is allowed to plant alternately agricultural plants, industrial trees and fruit trees within the land area received. Grazing cattle, poultry or pets in the area of currently planted forests during nurturing period is prohibited.

c) It is allowed to use the land area between stretches of forest trees for combined agriculture-fishing production provided that the rate for use must not exceed 20% of the land area allocated or transferred under lump-sum contracts in headwater protection forests or wind/sand shielding protection forests; 40% of the water surface area for combined aquaculture mangrove.

4. Forest owners and persons whose forest is transferred under lump-sum contracts for stable use purpose may enjoy all outputs of combined agriculture – fishing production specified in Clause 2 and 3 this Article.

5. State management authorities for forestry of various levels shall take responsibility to instruct forests owners and persons whose forest is transferred under lump-sum contacts to perform combined forestry-agriculture-fishing production as per law provisions.

Section 4. PRODUCTION FOREST MANAGEMENT

Article 26. Protection of production forests

1. Protecting forest ecosystem

a) Protection of forest ecosystem shall comply with regulations in Article 37 of the Forestry Law;

b) Actions directly affecting forest ecosystem must be taken under law regulations on environmental protection after permitted by competent regulatory agencies.

2. Protecting forest animals and forest plants

a) Protection of forest animals and forest plants shall comply with regulations in Article 38 of the Forestry Law; Government’s regulations on management of endangered and rare forest animals and forest plants in conformity with the convention on international trading of endangered wildlife animals and plants.

b) All forests animals living in production forests must be protected from actions that lead to negative effects on their habitat and sources of feed.

3. Complying with forest fire safety regulations specified in Chapter IV hereof.

4. Complying with regulations on prevention of organisms harmful to production forests as prescribed in Article 40 of the Forestry Law and law regulations on protection and quarantine of plants and veterinary.

Article 27. Development of production forests

1. Development of production forests shall comply with regulations in Article 48 of the Forestry Law;

2. Organization of production forest development

a) Forest owners shall develop production forests according to the sustainable management plan;

b) Forest owners shall make their own investment or run forest development projects under joint-venture or association agreement and perform production activities within the area of forests or land for production forests allocated by the State or lease out such land area as per law provisions.

3. Applicable bio-forestry measures for forest development purpose shall comply with regulations of the Ministry of Agriculture and Rural Development;

Article 28. Exploitation of forest products in natural production forests

1. In case of main logging in natural production forests

a) Products to be exploited are timbers in rich and average forests;

b) The logging shall comply with regulations in Clause 1 Article 58 of the Forestry Law and shall not be carried out during closing of natural production forests.

c) Selective logging shall apply provided that maximum logging intensity shall not exceed 35% of wood reserves in the forests plot.

2. Full utilization in natural production forests

a) Forest products in the forest areas converted for another purpose may be fully utilized during adoption of bio-forestry method serving training and scientific research purpose.

b) Full utilization is permitted if the competent authority grants approval for forest repurposing or the bio-forestry project or scientific research program.

3. In case of full collection in natural production forests

a) Forest products to be collected are timbers, branches and stumps dried, burnt, fallen or dead due to natural disasters.

b) Full collection is permitted if the forest owner prepares a plan for full collection as regulated by the Ministry of Agriculture and Rural Development.

4. In case of exploitation of non-timber ordinary forest plants and derivatives thereof

a) Forest products to be exploited are non-timber ordinary forest plants and derivatives thereof.

b) Exploitation is permitted if it ensures sustainable development of the forest and that the exploitation output is not greater than the amount of growth of the species.

c) The exploitation method shall be decided by the forest owner.

5. In case of exploitation of ordinary forest animals

a) Products to be exploited are ordinary forest animals;

b) Exploitation is permitted if there is a plan for exploitation of ordinary forest animals.

6. Exploitation of endangered and rare forest animals shall comply with Government’s regulations on management of endangered and rare forest animals and forest plants in conformity with the convention on international trading in endangered wildlife animals and plants.

7. Enjoying benefits arising from forest product exploitation

Forest owners are entitled to all value of forest products exploited after fulfilling financial obligations as per State regulations.

Article 29. Exploitation of forest products in planted production forests

1. In case of exploitation in planted protection forests

a) Clearcutting is permitted if the forest is replanted in the next forest planting period or regenerated. As for forests planted by using state funding, exploitation is permitted if there is a logging plan as regulated by the Ministry of Agriculture and Rural Development;

b) The forest investor shall decide whether to apply clearcutting or whole-forest logging method.

2. In case of full utilization in planted production forests

a) Timbers in the forest areas converted for another purpose may be fully utilized during adoption of bio-forestry method serving training and scientific research purpose.

b) In case of forests planted by using state funding, full utilization is permitted if the competent authority grants approval for forest repurposing or the bio-forestry project or scientific research program.

3. In case of full collection in planted production forests

a) Forest products to be exploited are timbers dried, fallen, burnt or dead due to natural disasters.

b) Full collection shall apply to forests planted by using state funding provided that there must be reports on logging volume and logging places as regulated by the Ministry of Agriculture and Rural Development.

4. Exploitation of endangered and rare species shall comply with Government’s regulations on management of endangered and rare forest animals and forest plants in conformity with the convention on international trading in endangered wildlife animals and plants.

5. Enjoying benefits arising from forest product exploitation

a) Forest owners that self-invest in planting forests are entitled to all forest valuation;

b) As for planted forests wholly or partially invested by state funding, the owners thereof are entitled to all forest valuation after fulfilling financial obligations as regulated by the State.

Article 30. Combined forestry-agriculture-fishing production in production forests

1. Principles

b) Use forest environment and space in an efficient manner for combined forestry-agriculture-fishing production purpose;

b) Ensure harmony between State interests and interests of forest owners in forestry - agriculture - fishing production

2. With regard to forested land area

The forest owner is allowed to plant alternately agricultural plants and non-timber forest products, raise and plant aquatic products provided that forest area, forest quality and capability of forest regeneration are not affected.

3. With regard to non-forested land

a) The forest owner is allowed to use non-forested land for combined agriculture - fishing production purpose but must plant forests on the area allocated or leased in such a way that forested area accounts for at least 60% of the land (for combined aquaculture mangrove) or 70% for other forest types;

b) It is allowed to plant alternately agricultural plants, industrial trees and fruit trees on the land area allocated or leased. Grazing cattle, poultry or pets in the area of newly planted forests during nurturing period is prohibited.

c) It is allowed to use the land area between stretches of forest trees for combined agriculture-fishing production provided that the rate for use must not exceed 40% of the land area allocated or leased in case of combined aquaculture mangrove or 30% in case of other forest types.

4. The forest owner is entitled to enjoy all outputs of combined agriculture - fishing production specified in Clause 2 and 3 this Article.

Article 31. Scientific research, training and practice in production forests

1. Scientific research, training and practice shall be organized by forest owners.

2. Scientific research organizations, training institutions, scientists or students performing scientific research, training or practice in production forests shall:

a) comply with provisions of the law on forestry, the law on scientific research, education and training and other relevant provisions;

b) have a plan for scientific research or education and training approved by the forest owner;

c) be permitted to collect samples and genetic source of species with the quantity specified in the plan.

Article 32. Ecotourism, hospitality and entertainment services in production forests

1. Forest owners may self-organize or cooperate with other entities in providing ecotourism, hospitality and entertainment services or lease out forest environment to entities for providing ecotourism, hospitality and entertainment services.

2. Ecotourism, hospitality and entertainment services shall be provided according to the sustainable forest management plan approved by competent regulatory agencies.

3. Prices for lease of forest environment for provision of ecotourism, hospitality and entertainment services including travel services, tourist transport and accommodation services, food and beverage, shopping, sport, recreation, healthcare, sightseeing and advertisement services and other relevant services within the forest zone shall be mutually decide by both parties but not under 1 % of total annual realized revenue of the lessee.

Section 5. CLOSING AND OPENING OF NATURAL FORESTS AND ISSUANCE OF CERTIFICATES OF SUSTAINABLE FOREST MANAGEMENT

Article 33. Procedures for closing and opening natural forests

1. The scheme on closing or opening of natural forests shall contain the following basic information:

a) Determination of necessity of closing or opening of natural forests;

b) Assessment of socio-economic condition, national defense and security condition in the forest zone in reality;

c) Assessment of reserves and quality of forest resources in reality and forest ecosystem and biodiversity;

d) Methods for management and implementation during closing or opening of natural forests, legal rights and benefits of parties involved in closing or opening of natural forests;

dd) Determination and allocation of funding for closing or opening of forests

2. Procedures for closing or opening of natural forests under the authority of the Prime Minister

a) An application for closing or opening of natural forest shall include an application form prepared by the Ministry of Agriculture and Rural Development and the scheme for closing or opening of natural forests;

b) The Ministry of Agriculture and Rural Development shall send the application specified in Point a this Clause to the Prime Minister;

c) The Prime Minister shall consider whether to close or open the natural forest within 30 working days from the date on which the satisfactory application is received.

3. Procedures for closing or opening of natural forests under the authority of Chairpersons of provincial People’s Committees

a) An application for closing or opening of natural forests shall include an application form prepared by the Department of Agriculture and Rural Development and the scheme for closing or opening of natural forests;

b) The Department of Agriculture and Rural Development shall send the application specified in Point a this Clause to the Chairperson of provincial People’s Committee; The Chairperson of provincial People's Committee shall send the scheme for closing or opening of natural forests to the People's Council of the same level for approval purpose;

c) The Chairperson of provincial People’s Committee shall consider whether to close or open the natural forest in the area under its management within 10 working days from the day on which the scheme is approved by the People’s Council of the same level.

4. Announcing decisions on closing or opening of natural forests

Decisions on closing or opening of natural forests shall be publicly announced on mass media throughout the country and posted on the portal of the Ministry of Agriculture and Rural Development and provincial People’s Committees.

Article 34. Issuance of certificates of sustainable forest management

1. Issuance of certificates of sustainable forest management means provision of conditional conformity assessment service prescribed in the law on investment.

2. Business certification and registration of organizations providing assessment service and issuing certificates of sustainable forest management shall comply with Government’s regulations on conditions for provision of conformity assessment service.

3. Certificates of sustainable forest management shall be issued under internationally-certified standards for sustainable forest management or the criteria code of sustainable forest management issued by the Ministry of Agriculture and Rural Development in compliance with regulations in Clause 4 Article 28 of the Forestry Law.