Chương II Thông tư 28/2018/TT-BNNPTNT quy định về quản lý rừng bền vững: Nội dung phương án quản lý rừng bền vững

Chapter II

CONTENTS OF SFMPs

Article 5. Contents of an SFMP tailored for special-use forests

1. Assessing natural and socio-economic conditions, national defense and security; current status of forest ecosystems, biodiversity, historical and cultural sites/monuments, landscapes:

a) Assessing current use of land, status of forests, forest ecosystems, biodiversity, historical and cultural sites/monuments and landscapes within forests; assessing natural conditions in terms of geography, terrain, weather, hydrography, soil, society and economy according to the provided statistics;

b) Consolidation of population characteristics, workers, ethnic groups, per capital income (Form No. 01 in the Appendix VII hereof);

c) Assessing current status of traffic infrastructures (Form No. 02 in the Appendix VII hereof);

d) Assessing current use of land by forest owners according to the statistics provided by the commune authorities in the year preceding the year in which the SFMP is prepared (Form No. 03 in the Appendix VII hereof);

dd) Consolidating and assessing forest status and forest reserves according to the results of surveys, inventories and monitoring of forest transitions (Forms No. 04 and No. 05 in the Appendix VII hereof);

e) Assessing main forest plant and animal species diversity; determining whether forest plant and animal species are endangered, precious or rare, endemic species and their habitat; determining degraded forest ecosystems that need to be protected, landscape areas that need to be protected and consolidation of list of forest plants and animals (Forms No. 06, 07, 08 and 09 in the Appendix VII hereof).

2. Determining objectives and scope of SFM during the period when the plan is implemented:

a) Regarding environment: determining total area of forests under protection, forest cover, area of degraded forests that need to be rehabilitated; ecosystems, biodiversity, endangered, precious and rare forest plant and animal species and endemic species under protection; developing and conserving indigenous tree species; reducing the number of forest fires and violations against the law on forestry;

b) Regarding society: providing employment and raising income of workers; stabilizing livelihoods of people living in buffer zones; raising awareness of SFM; gradually improving infrastructure system;

c) Regarding economy: determining sustainable finance obtained from payments for forest environmental services, ecotourism, leisure activities, recreation, forest environment lease, fees and charges; production of wood from planted forests serving scientific research or experiment purposes, non-wood forest products and forest carbon stocks.

3. Determining areas of degraded forests that need to be rehabilitated and conserved in dedicated areas:

a) Area of degraded forests that need to be rehabilitated and conserved, including poor natural forests, extremely poor natural forests and non-stock forests;

b) Classifying forest conditions by stock or volume to determine area of degraded forests that need to be rehabilitated and conserved according to the results of surveys, inventories and monitoring of forest transitions.

4. Management, protection, conservation, development and use of forests:

a) Consolidating land use plans of forest owners from land use plans of communes (Form No. 10 in the Appendix VII hereof);

b) Preparing plans for forest and forest ecosystem management and protection according to Article 37 of the Law on Forestry and Forest management regulation and consolidating forest protection plans (Form No. 11 in the Appendix VII hereof);

c) Preparing plans for biodiversity conservation and protection of endangered, precious and rare forest plant and animal species and endemic species according to Article 38 of the Law on Forestry and Forest management regulation and determining high conservation value forests according to the Appendix IV hereof;

d) Preparing a forest fire prevention and control plan according to Article 39 of the Law on Forestry and Forest management regulation;

dd) Preparing a plan for prevention and elimination of organisms harmful to forests according to Article 40 of the Law on Forestry and Forest management regulation; adopting a procedure for using chemicals and agrochemicals and determining high conservation value forests in a manner that ensures environmental safety;

e) Preparing a forest development plan: determining locations, area and species of plants; determining silvicultural measures and special-use forest development measures according to Articles 45 and 46 of the Law on Forestry and Forest management regulation of the Ministry of Agriculture and Rural Development on silvicultural measures; consolidating forest development plans using the Form No. 11 in the Appendix VII hereof;

g) Preparing a scientific research, training and practice plan according to Clause 1 Article 53 of the Law on Forestry and Forest management regulation;

h) Preparing an ecotourism, leisure and recreation development plan that unlocks potential of a forest according to Clauses 2, 3, 4 and 5 Article 53 of the Law on Forestry and Forest management regulation;

i) Determining buffer zones and plan to improve life of people living in special-use forests according to Article 54 of the Law on Forestry and Forest management regulation;

k) Preparing plans to build and maintain infrastructures serving forest protection and development according to Article 51 of the Law on Forestry and Forest management regulation and consolidate them according to the Form No. 13 in the Appendix VII hereof;

l) Preparing plans to assist residential communities and locals in cultivars, techniques and training in forest protection and development, SFM and infrastructure management;

m) Preparing a plan to disseminate laws on forest protection and development and SFM;

n) Preparing a plan for payment for forest environmental services and forest environment lease;

o) Preparing a plan to assign local households, individuals and residential communities to protect and develop forests under a contract in accordance with the State’s applicable regulations;

e) Monitoring forest transitions according to Article 35 of the Law on Forestry and regulations laid down by the Ministry of Agriculture and Rural on monitoring of forest transitions.

5. Solutions for implementing the SFMP:

a) Organization and personnel solution;

b) Solution for cooperating with related parties;

c) Solution for application of science and technology in association with conservation and development;

d) Solution for raising capital investment;

dd) Other solutions.

6. Organizing implementation of the SFMP:

a) Assigning tasks;

b) Carrying out inspection and supervision.

7. Form of the SFMP of a forest owner that is a forest management organization is provided in the Appendix II hereof.

Article 6. Contents of an SFMP tailored for protection forests

1. Assessing natural and socio-economic conditions, national defense and security; current status of forest resources and biodiversity according to Clause 1 Article 5 hereof.

2. Determining objectives and scope of SFM during the period when the plan is implemented:

a) Regarding environment: determining total area of forests under protection, forest cover; ensuring protective functions of forests such as preventing landslides and soil erosion, wave sheltering, sea reclamation, sea dyke protection, sand sheltering, wind sheltering, water source protection, dam and reservoir safety and protection of ecological environment and landscapes; reducing the number of forest fires and violations against the law on forestry;

b) Regarding society: providing employment and raising income of workers; stabilizing livelihoods of people living in buffer zones; raising awareness of SFM; gradually improving infrastructure system;

c) Regarding economy: determining sustainable finance obtained from payments for forest environmental services, ecotourism, leisure activities, recreation, forest environment lease, fees and charges; production of wood from sanitation harvesting and salvage collection, wood from planted forests, non-wood forest products and forest carbon stocks.

3. Determining protective functions of forests according to the criteria for determining protection forests set forth in the Forest management regulation in a manner appropriate to the allocated forest area.

4. Determining plans for management, protection, development and use of forests:

a) Consolidating land use plans of forest owners; preparing a plan for forest and ecosystem protection; for biodiversity conservation and forest plant and animal species protection; for forest fire prevention and control; for prevention and elimination of organisms harmful to forests according to Points a, b, c, d and dd Clause 4 Article 5 hereof;

b) Preparing a forest development plan: determining locations and area, and selecting plant species; determining silvicultural measures and special-use forest development measures according to Articles 45 and 47 of the Law on Forestry and Forest management regulation of the Ministry of Agriculture and Rural Development on silvicultural measures; consolidating forest development plans using the Form No. 11 in the Appendix VII hereof;

c) Preparing a forest product harvesting plan: determining area, types, production and locations of forest products according to Articles 55 of the Law on Forestry and Forest management regulation of the Ministry of Agriculture and Rural Development on harvesting of forest products. Production of wood from forests shall be calculated as prescribed in the Appendix V and forest product harvesting plans shall be consolidated using the Form No. 12 in the Appendix VII hereof;

d) Preparing a scientific research, training and practice plan according to Clause 1 Article 56 of the Law on Forestry and Forest management regulation;

dd) Preparing an ecotourism, leisure and recreation development plan that unlocks potential of a forest according to Clauses 2, 3, 4 and 5 Article 56 of the Law on Forestry and Forest management regulation;

e) Preparing a combined forestry-agriculture-fishery production plan according to Article 57 of the Law on Forestry and Forest management regulation;

g) Prepare a plan to build and maintain infrastructures; to provide services to residential communities; to pay for forest environmental services and forest environment lease; to disseminate laws; to assign local households, individuals and residential communities to protect and develop forests under a contract; to monitor forest transitions according to Points k, l, m, n, o and p Clause 4 Article 5 hereof.

5. Solutions for implementing the plan and implementary organization shall comply with Clauses 5 and 6 Article 5 hereof.

6. Form of the SFMP of a forest owner that is a protection forest management organization is provided in the Appendix II hereof.

Article 7. Contents of an SFMP tailored for production forests

1. Assessing natural and socio-economic conditions; current status of forest resources; business performance; assessing markets affecting activities of forest owners;

a) Assessing natural and socio-economic conditions; current status of forest resources and biodiversity according to Clause 1 Article 5 hereof;

b) Assessing business performance of a forest owner in 03 consecutive years preceding the year in which the SFMP is prepared using the Form No. 14 in the Appendix VII hereof;

c) Assessing domestic wood and wood product consumption markets that affect activities of forest owners; forecasting market impacts on business performance, forest products processing and trade; capability to promote cooperation in production.

2. Determining objectives and scope of SFM during the period when the plan is implemented:

a) Regarding economy: intensive afforestation, improving productivity and quality of planted forests; improving quality of natural forests; area and production of wood from planted forests, production of wood from sanitation harvesting and salvage collection; value obtained from payments for forest environmental services, forest carbon stocks and other services;

b) Regarding environment: determining total area of forests under protection, forest cover; conserving biodiversity, protecting endangered, precious and rare forest plant and animal species; reducing the number of forest fires and violations against the law on forestry; area of forests issued with SFM certificates;

c) Regarding society: providing employment and raising income of workers; providing training and raising awareness of protection, development and use of forests and SFM; gradually improving infrastructure system.

3. Determining plans for management, protection, development and use of forests and forest products trade:

a) Consolidating land use plans of forest owners; preparing a plan for forest and ecosystem protection plan; for biodiversity conservation and forest plant and animal species protection; for forest fire prevention and control plan; for prevention and elimination of organisms harmful to forests according to Points a, b, c, d and dd Clause 4 Article 5 hereof;

b) Classifying forest functions by high conservation value forests according to the Appendix IV hereof;

c) Preparing a forest development plan: determining locations, area and plant species; determining silvicultural measures and production forest development measures according to Articles 45 and 48 of the Law on Forestry and Forest management regulation of the Ministry of Agriculture and Rural Development on silvicultural measures; consolidating forest development plans using the Form No. 11 in the Appendix VII hereof;

d) Preparing a forest product harvesting plan: determining area, types, production and locations of forest products according to Articles 58 and 59 of the Law on Forestry and Forest management regulation of the Ministry of Agriculture and Rural Development on harvesting of forest products. Production of wood harvested from forests shall be calculated as prescribed in the Appendix V and forest product harvesting plans shall be consolidated using the Form No. 12 in the Appendix VII hereof;

dd) Preparing a scientific research, training and practice; an ecotourism, leisure and recreation development plan that unlocks potential of a forest according to Clauses 3, 4 and 5 Article 60 of the Law on Forestry and Forest management regulation;

e) Preparing a combined forestry-agriculture-fishery production plan according to Clauses 1 and 2 Article 60 of the Law on Forestry and Forest management regulation;

g) Preparing a plan to build and maintain infrastructures; to provide services to residential communities; to pay for forest environmental services and forest environment lease; to disseminate laws; to monitor forest transitions according to Points k, l, m, n and p Clause 4 Article 5 hereof;

h) Preparing a plan to issue SFM certificates appropriate to intended purposes of forests;

i) Preparing a forest products processing and trade plan: determining locations, scale of factories, technologies, machinery, equipment, raw material sources, types of products, markets and sources of investment.

4. Solutions for implementing the plan and implementary organization shall comply with Clauses 5 and 6 Article 5 hereof.

5. Form of the SFMP of a forest owner that is a production forest management organization is provided in the Appendix II hereof.

Article 8. Contents of an SFMP tailored for households, individuals, residential communities and smallholder groups

Households, individuals and residential communities or households and individuals consolidated into a smallholder group shall voluntarily prepare and organize the implementation of SFMPs as prescribed in the Appendix III hereof.

Article 9. Contents of an SFMP tailored for forest owners managing more than two forest types

1. Every owner managing more than two forest types shall tailor one SFMP for forest types.

2. Contents of the SFMP are specified in this Circular. Form of the SFMP of a forest owner is provided in the Appendix II hereof if the owner is an organization and in the Appendix III hereof if the owner is a household, individual or residential community or households and individuals consolidated into a smallholder group.

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