Chapter II
PROCEDURES FOR HARVESTING ORDINARY FOREST PLANTS AND ORDINARY FOREST ANIMALS
Section 1. Approval for harvesting plans
Article 6. Approval for plans for harvesting ordinary forest plants
1. Cases of approval for a harvesting plan:
a) Salvage logging of ordinary forest plant species from natural forests;
b) Full utilization of ordinary forest plant species from natural forests;
c) Harvesting of non-timber forest plants from ordinary forest plant species from natural forests which are classified as reserve forests;
d) Collection of ordinary forest plant specimens serving scientific and technological researches from reserve forests;
dd) Harvesting of ordinary forest plant species from planted forests whose ownership is represented by the State;
e) Harvesting of ordinary forest plant species from planted protection forests whose investment is stimulated by organizations, individuals, household businesses, and residential community.
2. Authorities having power to approve (hereinafter referred to as “approving authorities”):
a) The Ministry of Agriculture and Rural Development shall approve the harvesting plan in the cases prescribed in Points a, b, c, d and dd Clause 1 of this Article for forest area controlled by the Ministry of Agriculture and Rural Development;
b) The district-level People’s Committees shall approve the harvesting plan in the case prescribed in Point dd Clause 1 of this Article invested by individuals, household businesses, residential community; plans for salvage logging and full utilization of timber from production forests which are natural forests managed by individuals, household businesses, residential community;
c) The Department of Agriculture and Rural Development shall approve the harvesting plan in cases other than those prescribed in Points a and b of this Clause;
3. A dossier shall include:
a) The original application for approval for harvesting plan using Form No. 10 in the Appendix enclosed herewith;
b) The original harvesting plan using Form No. 11 in the Appendix enclosed herewith;
c) A copy of the decision on forest repurposing or copy of the decision on approval for the silviculture project or documents proving the implementation of silviculture measures or scientific research program/project that has been approved by a competent authority in the cases prescribed in Points a and d Clause 1 of this Article.
4. Procedures:
a) The forest owner or the organization/individual who is authorized by the forest owner shall submit in person or via postal service or by an electronic mean 01 dossier prescribed in Clause 3 of this Article to the approving authority prescribed in Clause 2 of this Article. In case the dossier is submitted via an electronic mean, it shall comply with the regulations in Decree No. 45/2020/ND-CP.
b) Time limit for informing the applicant of the validity of the dossier:
In case the dossier is submitted in person, the aproving authority shall check documents of the dossier and immediately inform the forest owner or the organization/individual authorized by the forest owner of the validity of the dossier.
In case the dossier is submitted via postal service or an electronic mean, within 01 working day after receiving the dossier, the approving authority shall consider the validity of the documents of the dossier; if the dossier is invalid as prescribed, a written notification specifying reasons for the invalidity shall be sent.
c) Within 10 working days from the day on which a valid dossier is received, the approving authority shall approve the harvesting plan and return results to the forest owner or the organization/individual authorized by the forest owner. In case of rejection, a written notification specifying reasons thereof shall be given.
4. The approving authority which has approved the harvesting plan shall send a copy of the approved harvesting plan to the local forest protection authority where the harvesting is carried out for monitoring, inspection and supervision.
Article 7. Approval for plans for harvesting ordinary forest animals from nature
1. Approving authorities: local forest protection authorities.
2. A dossier shall include:
a) The original application for approval for a plan for harvesting of ordinary forest animals from nature, which is made using the Form No. 10 hereof.
b) The original plan for harvesting of ordinary forest animals from nature, which is made using the Form No. 12 hereof.
3. Procedures:
a) Organization/individual/household business/residential community (applicant) harvesting ordinary forest animals from nature shall submit in person or via postal service or by an electronic mean 01 dossier as prescribed in Clause 2 of this Article to a local forest protection authority. In case the dossier is submitted via an electronic mean, it shall comply with the regulations in Decree No. 45/2020/ND-CP.
b) Time limit for informing the applicant of the validity of the dossier:
In case the dossier is submitted in person, the local forest protection authority shall check documents of the dossier and immediately inform the applicant of the validity of the dossier.
In case the dossier is submitted via postal service or an electronic mean, within 01 working day after receiving the dossier, the local forest protection authority shall consider the validity of the documents of the dossier; if the dossier is invalid as prescribed, a written notification specifying reasons for the invalidity shall be sent;
c) Within 10 working days from the day on which a valid dossier is received, the local forest protection authority shall approve the harvesting plan and return results to the applicant. In case of rejection, a written notification specifying reasons thereof shall be given.
Section II. PROCEDURES FOR HARVESTING ORDINARY FOREST PLANTS AND ORDINARY FOREST ANIMALS
Article 8. Salvage logging of ordinary forest plant species from natural forests
1. A dossier shall include:
a) Harvesting carried out in the area of site clearance: a copy of the decision on forest repurposing; a copy of the approved plan for salvage logging of ordinary forest plant species from natural forests;
b) Harvesting carried out during adjustment of forest composition, forest cultivation and implementation of other silviculture measures: Copies of documents proving the implementation of silviculture measures for full utilization during adjustment of forest composition, forest cultivation, and implementation of other silviculture measures. 2. Within 05 working days from the day on which the harvesting is completed, the forest product owner or organization/individual authorized by the forest product owner shall submit 01 dossier as prescribed in Clause 1 of this Article and the original packing list to the local forest protection authority for certification as prescribed in Article 5 of this Circular.
Article 9. Full utilization of ordinary forest plant species from natural forests
1. A dossier shall include a copy of the approved plan for full utilization ordinary forest plant species from natural forests.
2. Within 05 working days from the day on which the harvesting is completed, the forest product owner or organization/individual authorized by the forest product owner shall submit 01 dossier as prescribed in Clause 1 of this Article and the original packing list to the local forest protection authority for certification as prescribed in Article 5 of this Circular.
Article 10. Harvesting of non-timber forest plants from ordinary forest plant species from natural forests
1. A dossier shall include:
a) A copy of the approved harvesting plan in case of harvesting of non-timber forest plants, derivatives of ordinary forest plant species from natural forests which are reserve forests.
b) A copy of the harvesting plan made by an organization/household business/ individual/residential community using Form No. 11 in the Appendix enclosed herewith in case of harvesting of non-timber forest plants, derivatives of ordinary forest plant species from natural forests which are protection and production forests.
2. Within 05 working days from the day on which the harvesting is completed, the forest product owner or organization/individual authorized by the forest product owner shall submit 01 dossier as prescribed in Clause 1 of this Article and a copy of the packing list to the local forest protection authority for monitoring and consolidation.
Article 11. Harvesting of ordinary forest plants from planted forests whose ownership is represented by the State; Harvesting of ordinary forest plants from planted protection forests whose investment is stimulated by organizations, individuals, household businesses, and residential community
1. A dossier shall include:
b) A copy of the approved harvesting plan in case of harvesting of timber or a copy of the harvesting plan made by the forest owner using Form No. 11 in the Appendix enclosed herewith in case of harvesting of non-timber forest plants, parts and derivatives from forest plants;
b) A copy of the decision on forest repurposing in case of salvage logging of the repurposed area or a copy of the decision on approval of the silviculture project or copies of documents proving the implementation of silviculture measures for forest utilization during adjustment of forest composition, forest cultivation, and implementation of other silviculture measures.
2. Within 05 working days from the day on which the harvesting is completed, the forest product owner or organization/individual authorized by the forest product owner shall submit 01 dossier as prescribed in Clause 1 of this Article and a copy of the packing list to the local forest protection authority for monitoring and consolidation.
Article 12. Harvesting of ordinary forest plants from planted production forests whose investment is stimulated by organizations, individuals, household businesses, residential community; scattered trees, garden plants whose names are the same as those of timber trees from ordinary forest plant species from natural forests
1. A dossier shall include an original forest product harvesting information sheet made by the forest product owner or organization/individual authorized by the forest product owner using Form No. 13 in the Appendix enclosed herewith.
2. Within 05 working days from the day on which the harvesting is completed, the forest product owner or organization/individual authorized by the forest product owner shall submit 01 dossier as prescribed in Clause 1 of this Article and a copy of the packing list to the local forest protection authority for monitoring and consolidation.
Article 13. Collection of ordinary forest plant specimens serving scientific and technological researches from reserve forests
1. A dossier shall include:
a) A copy of the scientific research program/project which has been approved by a competent authority;
b) A copy of the plan for collection of specimens approved by a competent authority.
2. Within 05 working days from the day on which the harvesting is completed, the forest product owner or organization/individual authorized by the forest product owner shall submit 01 dossier as prescribed in Clause 1 of this Article and a copy of the packing list to the local forest protection authority for monitoring and consolidation.
Article 14. Harvesting of ordinary forest animals, parts and derivatives of ordinary forest animals from nature
1. A dossier shall include a copy of the approved plan for harvesting ordinary forest animals from nature as prescribed in Article 7 of this Circular..
2. Within 05 working days from the day on which the harvesting is completed, the forest product owner or organization/individual authorized by the forest product owner shall submit 01 dossier as prescribed in Clause 1 of this Article and the original packing list to the local forest protection authority for certification as prescribed in Article 5 of this Circular.
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