Thông tư 17/2022/TT-BNNPTNT sửa đổi Thông tư 29/2018/TT-BNNPTNT quy định về biện pháp lâm sinh do Bộ trưởng Bộ Nông nghiệp và Phát triển nông thôn ban hành

CIRCULAR

AMENDMENT TO CIRCULAR NO. 29/2018/TT-BNNPTNT DATED NOVEMBER 16, 2018 OF THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT ON SILVICULTURE MEASURES

Pursuant to Decree No. 15/2017/ND-CP dated February 17, 2017 of the Government administering functions, tasks, powers and organizational structures of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Forestry dated November 15, 2017;

At the request of Director General of Vietnam Administration of Forestry;

The Minister of Agriculture and Rural Development promulgates Circular on amendments to Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on silviculture measures.

Article 1. Amendments to Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on silviculture measures

1. Amend Clause 7 Article 3 as follows:

“7. “reforestation” refers to a silviculture measure where forest is restocked on woodlands after a clear cut or deforestation as a result of natural disasters or other causes; additional forestation with respect to an area ineligible to be considered a forest.”.

2. Amend Clause 15 Article 3 as follows:

“15. “a fast growing tree” refers to a tree with average growth rate of diameter at breast height of at least 2 cm/year or average yield in a rotation of at least 15 m³/ha/year, given appropriate land conditions.”.

3. Amend Clause 16 Article 3 as follows:

“16. “a slow growing tree” refers to a tree with average growth rate of diameter at breast height of less than 2 cm/year or average yield in a rotation of less than 15 m³/ha/year, given appropriate land conditions.”.

4. Add Clause 20 and Clause 21 following Clause 19 Article 3 as follows:

“20. “a naturally mature cultivated forest” refers to a forest with at least 70% of total trees reaching natural maturity where annual growth rate of forest volume approaches zero (less than a thousandth);

21. “primary trees” refer to trees planted to serve the purpose of the forest.”.

5. Amend Point a Clause 1 Article 4:

“a) Area ineligible to be considered a forest: Depleted forest; abandoned farmland; savanna, land with trees and shrubs; alluvial plain in estuaries, coastal areas with density of target regenerating tree taller than 0,5 m above 500 trees/ha; wetland with acid sulfate soil with density of target regenerating tree above 1000 trees/ha. Target regenerating trees are relatively evenly distributed across the forest or leaving less than 1000 m² of forest gap.”.

6. Amend Point a Clause 2 Article 4:

“a) Entities stated under Point a Clause 1 of this Article and forest owners must choose any of the following measures:

In case of special-use forest (strictly protected section): Protection and prevention of currently available target regenerating trees; fire protection and prevention of forest;

In case of special-use forest (ecological restoration section), protection forest, production forest: Protection and prevention of currently available target regenerating trees; fire prevention and protection of the forest; clearing of vines, shrubs, misshapen trees, pests, non-target trees; bud correction and trimming, leaving no more than 2 buds per shoot, and forest cleaning;

In case of mangrove forests and alkaline forest: Establishment of forest belts meeting natural conditions of the region; clearing of shrubs, moss, and other objects suppressing target regenerating trees; forming of protective barriers.”.

7. Amend Point a Clause 1 Article 5:

“a) Area ineligible to be considered a forest: Depleted forest; abandoned farmland; savanna, land with trees and shrubs; alluvial plain in estuaries, coastal areas with density of target regenerating tree taller than 0,5 m ranging from 300 trees/ha to less than 500 trees/ha in case of protection forest, production forest or ranging from 100 trees/ha to less than 500 trees/ha in case of special-use forest (except strictly protected section; wetland with acid sulfate soil with density of target regenerating tree under 1000 trees/ha. Target regenerating trees are not evenly distributed across the forest or leaving forest gap of 1000 m² to less than 3000 m².”.

8. Amend Clause 2 Article 5 as follows:

“a) Entities under Point a Clause 1 of this Article shall conform to Point a Clause 2 Article 4 hereof; entities under Point b Clause 1 of this Article shall conform to Point b Clause 2 Article 4 hereof;

b) Additional trees, multi-purpose plants, non-timber trees:

In case of special-use forest, native plants present in ecosystem of the special-use forest;

In case of protection forest, native plants present in the area or from areas with similar ecosystem;

In case of production forest, native plants with economic value, meeting production and business purposes;

c) Standards of cultivars:

With respect to special-use forest and protection forest: Trees are planted using balled and burlapped trees, height of saplings ranges from 0,5 m and diameter ranges from 0,5 cm or applied with national standards on forest trees in case of cultivars with declared standards; depending on specific conditions of area of saline and alkaline wetland, may be planted using balled and burlapped trees, bare root trees, root, saplings; with respect to additional plants planted using seed, root cuttings, stem cuttings: Conform to technical guidelines under Article 15 hereof;

With respect to production forest: Ensure cultivar standards and quality in accordance with regulations applicable to each cultivar.

d) Depending on density of currently available target regenerating trees, determine density of additionally planted trees to ensure that density of additional trees and target regenerating trees does not exceed 800 trees/ha;

dd) Plant additional trees in strips for area with unevenly distributed target regenerating trees; width of strips ranges from 2 m to 3m, width of blank strips ranges from 6 m to 12 m; plant in bushes with for empty lands ranging from 1000 m² to 3000 m²; planting pits which have side length of 30 and depth of at least 30 cm (hereinafter specified as “30 x 30 x 30 cm”);

e) Tend to target regenerating trees and additional trees, replace dead trees with healthy trees; cut grass and plough around the trees in a circle with at least 0,6 m in diameter;

g) Tending duration shall not exceed 6 years. In the first 3 years after planting, trees shall be tended to at least 2 times per year and 1 time per year from the 4^th year depending on vegetation state.”.

9. Amend Clause 1 Article 6 as follows:

“a) In case protection forest is also a restored forest or depleted forest with tree volume below 30 m³/ha, trees with sufficient height for participation in canopy which ranges from 400 trees/ha and target regenerating trees taller than 1 m which ranges from 500 trees/ha. Density of trees and target regenerating trees is relatively evenly distributed throughout the area;

Bamboo forest which has more than 60% coverage with 200 bushes/ha or more and is relatively evenly distributed throughout the area;

b) In case production forest is also a restored forest or depleted forest with tree volume below 30 m³/ha and satisfying business objectives, canopy-layer and high quality trees which exceed 500 trees/ha and number of target regenerating trees taller than 1 m that exceeds 1000 trees/ha. Density of trees and target regenerating trees is relatively evenly distributed throughout the area;

Bamboo forest that has more than 70% coverage with 200 bushes/ha or more and is relatively evenly distributed throughout the area”.

10. Amend Point a Clause 2 Article 6:

“a) With respect to trees in protection forest: Clear vines, misshapen trees, pests, damaged trees; do not clear shrubs and vegetation; keep health trees to maintain a minimum canopy coverage of 0,6;

Clear at least once and up to 3 times. Interval between clearing ranges from 3 years to 10 years.”.

11. Amend Clause 1 Article 7 as follows:

“a) With respect to protection forest and special-use forest (except strictly protected sections) that are restored forest or depleted forest with volume of standing tree below 30 m³/ha, trees with sufficient height for participation in canopy which is below 400 trees/ha and target regenerating trees taller than 1 m which is at least 500 trees/ha or trees with sufficient height for participation in canopy which ranges from 400 trees/ha and target regenerating trees taller than 1 m which is below 500 trees/ha. Density of trees and target regenerating trees is not evenly distributed throughout the area;

Bamboo forest that has coverage above 60% and less than 200 bushes/ha and is not evenly distributed throughout the area;

b) In case production forest is naturally restored forest or depleted forest with volume of standing trees below 30 m³/ha and satisfying business objectives, canopy-layer and good quality trees that are below 500 trees/ha and target regenerating trees taller than 1 m that are more than 1000 trees/ha or canopy-layer and good quality trees that are more than 500 trees/ha and target regenerating trees taller than 1 m that are below 1000 trees/ha. Density of trees and target regenerating trees is not evenly distributed throughout the area;

Bamboo forest that has coverage above 70% and less than 200 bushes/ha and is unevenly distributed throughout the area.”.

12. Amend Point c Clause 2 Article 7 as follows:

“c) Practice dense intercropping strips: In areas smaller than 1000 m² or areas where trees are not evenly distributed;

In case of dry forest: Strips shall trace contour lines of the same level in areas with slope above 25 degree and in east-west direction in areas with slopes below 25 degree. In case of coastal mangrove forest: Strips shall trace the coastline;

Based on shade tolerance and height of trees in a gap to determine appropriate width of planted strip, maximum width of a planted strip must equal 2/3 canopy height of the gap; clear trees in dense strips while keeping target trees.”.

13. Amend Point h Clause 2 Article 7 are as follows:

“h) Forest tending: Implement twice per year for the first 3 years after planting. Detailed tasks: Planting new trees in place of dead trees, clear vines and weeds invading planted strips, plough soil around the trunk in circle with diameter of 0,6 m or more; regulate irrigation in case of mangrove forests and alkaline forests;

From the 4^th year onward, tend at least once every year for no more than 6 years (72 months) until trees are 5 m in height or taller in case of fast growing trees and 2 m in height or taller in case of slow growing trees. Detailed tasks: Clear shrubs and plants invading planted strips, vines, non-target trees in gaps; regulate irrigation in case of mangrove forests and alkaline forests.”.

14. Insert Point d following Point c Clause 3 Article 7 as follows:

“d) Deal with vegetation in accordance with land conditions and ecological characteristics of the species.”.

15. Insert Point e following Point dd Clause 1 Article 8:

“e) Broadleaf deciduous forest that can no longer be restored into forests with economic value, with indicators such as: Forest canopy destroyed, canopy coverage in the middle of rainy season below 0,3; number of target, good quality trees below 50 trees/ha; volume of trees with minimum diameter of 6 cm measured at 1,3 m high below 30 m³/ha; number of target regenerating, good quality goods taller than 1 m below 700 trees/ha. Density of trees and target regenerating trees is not evenly distributed throughout the area.”.

16. Amend Point d Clause 2 Article 9:

“d) Standards of cultivars:

Primary trees must be sown, balled and burlapped; trees named under List of primary forest trees must meet national standards on cultivars;

With respect to cultivars in mangrove forests and alkaline forests: Balled and burlapped trees, roots, saplings, and bare root trees are viable for forestation depending on specific conditions;

With respect to trees planted by seed, root cuttings, or stem cuttings for the purpose of forestation: Conform to technical guidelines under Article 15 hereof.”.

17. Amend Point a Clause 2 Article 10:

“a) Select cultivars:

Subjects stated under Point a Clause 1 of this Article shall choose plants appropriate to land conditions: Prioritize native plants or domesticated plants that have been planted for a long time, growing and developing to fit local ecosystem; tree with dense foliage, evergreen, well-developed root system, long tree life; choose auxiliary plants to be planted in-between primary trees without affecting primary trees, including fast growing trees that contribute towards soil improvement or produce food, foodstuff, multi-purpose trees, herbal plants, trees producing non-timber forest products;

Subjects stated under Point b Clause 1 of this Article, choose trees with deep and firm roots, prioritize native plants which can grow in harsh land conditions and withstand the weather and pests;

Subjects stated under Point c Clause 1 of this Article, choose plants that can adapt to saltwater and brackish water; prioritize native plants, domesticated plants which have previously been successfully used for the purpose of forestation in alluvial plains in estuaries, coast, and in other harsh land conditions.”.

18. Amend Point b Clause 2 Article 10:

 “b) Subjects stated under Point a and Point b Clause 1 of this Article, clear vegetation in strips or in bushes. Vegetation can be gathered into strips following contour lines where land slopes; vegetation can be cleared where land slopes below 25 degree as long as tree strips on top of mountain ridges, along streams, riverbanks, and lakes. Vegetation clearing must avoid all available trees, target regenerating trees and must not be implemented by burning; in areas where land slopes more than 25 degrees, create localized planting pits of dimension 30 x 30 x 30 cm or more parallel to contour lines or diagonal to primary wind direction, seal the pits and apply starter fertilizer.”.

19. Replace the phrase “400 trees/ha” with “600 trees/ha” under Point dd Clause 2 Article 10.

20. Remove the phrase “in areas with special land conditions” under Point c Clause 2 Article 11.

21. Amend Point c Clause 1 Article 12 as follows:

“c) Protection forest after extracting intercropped plants and fast growing trees serving soil improvement.”.

22. Insert Point d following Point c Clause 1 Article 12 as follows:

“d) Protection forests offering protection against wind, sand; protection forests offering protection against waves and ineligible to be considered forest; cultivated production forests converted to protection forests, special-use forests; cultivated forests achieving natural maturity with insufficient primary tree density of 600 trees/ha with respect to protection forest. Canopy coverage below 0,3.”.

23. Insert Point c following Point b Clause 2 Article 12 as follows:

“c) Protection forests offering protection against wind, sand; protection forests offering protection against waves and ineligible to be considered forest; cultivated production forests converted to protection forests, special-use forests; cultivated forests achieving natural maturity: Depending on density, may plant additional trees to fulfill primary tree density or forest density. Strip planting or spacing shall conform to Points b, c, d, dd, g, and h Clause 2 Article 7; hedge planting shall conform to Clause 3 Article 7 hereof.”.

24. Amend Clause 1 Article 13 as follows:

a) With respect to fast growing trees: Tending shall cease when the trees reach 3 years old (36 months old);

b) With respect to slow growing trees and coastal forests: Tending shall cease when the trees reach 5 years old (60 months old).”.

25. Amend Point d Clause 2 Article 13:

“d) Re-planting: Re-plant in the first year since planting for fast growing trees if 85% of the original planted plants survive. For slow growing trees and coastal forest: In the first 3 years after planting, if percentage of surviving plants is lower than commissioning value or forest density, re-planting is required. Number of trees re-planted varies depending on current density in order to meet forestation requirements. Age of cultivars for re-planting shall match the year of forestation.”.

26. Amend Clause 1 Article 14 as follows:

“a) Production forests from closed-canopy forest to 2 to 4 years before clear cut for fast growing trees and 6 to 10 years for slow growing trees;

b) Production forests that are fast growing, purebred, even-aged trees on good land conditions, soil thickness above 50 cm, occasional stormy weather; density of cultivated forests exceeding 1000 trees/ha in order to transform small-sized timber forests to large-sized timber forests;

c) Closed-canopy protection forests with forest canopy greater than 0,6 and primary tree density exceeding 600 trees/ha (for headwater protection forest) or exceeding 1500 trees/ha (for coastal forest). Primary tree density is evenly distributed throughout the area;

d) Protection forest, production forest: Plant native plants which have been previously used for the purpose of forestation after fundamental design has been complete until closed canopy.”.

27. Amend Point b Clause 2 Article 14:

“b) With respect to production forests: Thin misshapen trees, trees infected with pests, crowded, not meeting business goals; trees growing normally under high density; retain healthy plants, with well-rounded canopy, straight and bark. There are 4 levels of thinning intensity: Low level means distance between retained trees is smaller than 1/3 of diameter of canopy of trees at clear-cut age; moderate level means distance between retained trees ranges from 1/3 to under 1/2 of diameter of canopy of trees at clear-cut age; high level means distance between retained trees ranges from 1/2 of diameter of canopy to just under diameter of canopy of trees at clear-cut age; very high level means distance between retained trees is equal to or larger than diameter of canopy of trees at clear-cut age;

With respect to protection forests: Thin crowded auxiliary trees or primary trees; thin misshapen trees, trees infected with pests, poor growth; thinning intensity must not extend past 20% of total tree volume; trees retained for nursing must be primary trees with at least average growth quality, well-rounded canopy, straight and evenly round bark, and even distribution throughout the area;

Thinning shall be implemented from one to three times with 2 to 6 years in interval depending on cultivars, land conditions, age, and thinning intensity; thin again when the forest canopy is closed following the previous thinning;

Thinning time: In dry seasons or months with low precipitation (before or after reproductive season).”.

28. Amend Point g Clause 2 Article 14:

“e) Density of retained trees in production forests until the point of clear cut must range from 400 trees/ha to 800 trees/ha for forests of fast growing trees with large-sized timber rotation ranging from 8 years to 15 years; from 300 trees/ha to 700 trees/ha for forests of slow growing trees with large-sized timber rotation exceeding 15 years;

Density of retained trees must be at least 600 primary trees/ha in headwater protection forest and at least 1500 trees/ha in mangrove forests and alkaline forests. Density of primary trees is evenly distributed throughout the plot.”.

29. Insert Point i following Point h Clause 2 Article 14 as follows:

“i) With respect to protection forest, production: Plant native plants which have been successfully used for the purpose of forestation following fundamental design until canopy is closed, adopt technical measures at least once per year in accordance with Point a Clause 2 Article 14 hereof.”.

30. Insert Point d following Point c Clause 2 Article 15 as follows:

“d) Advise People’s Committees of provinces to distribute fast growing trees, slow growing trees; target trees, and non-target trees for protection forests and production forests in the provinces.”.

Article 2. Implementation

1. This Circular comes into force from December 12, 2022.

2. Validity and implementation of programs and projects utilizing silviculture measures approved before the effective date hereof shall conform to Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry for consideration./.