Thông tư số 33/2018/TT-BNNPTNT của Bộ Nông nghiệp và Phát triển nông thôn: Quy định về điều tra, kiểm kê và theo dõi diễn biến rừng

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 33/2018/TT-BNNPTNT	Hanoi, November 16, 2018

 

CIRCULAR

PRESCRIBING FOREST SURVEY, INVENTORY AND FOREST TRANSITION MONITORING

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

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

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

Minister of Agriculture and Rural Development hereby promulgates this Circular prescribing forest survey, inventory and forest transition monitoring.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular elaborates on subject matters of forest survey and inventory; methods and processes for making forest surveys and inventories, and observing forest transition.

Article 2. Subjects of application

This Circular shall apply to entities, family households, persons and residential communities involved in making forest surveys, inventories and observing forest transition.

Article 3. Definitions

For the purposes of this Circular, terms used herein shall be construed as follows:

1. Inventory map refers to an intermediate product showing boundaries, positions and current status of a forest, and which is drawn during the process of taking a forest inventory.

2. Class-I forest owner includes forest owners that are family households, persons or residential communities.

3. Class-II forest owner comprises forest owners that are organizations.

4. Forest reference emission level refers to a benchmark for measuring the reduced amount of carbon dioxide emissions from deforestation and forest degradation.

5. Forest reference level refers to a benchmark for measuring the increased amount of carbon dioxide absorbed through forest conservation and development efforts.

6. Original survey data system refers to forms and spreadsheets recording actual data obtained from forest surveys.

7. Forest inventory plot refers to a unit having the identical state, belonging to a forest owner and covering the minimum area of 0.3 ha which is used for making forest inventories, statistics and creating forest management documents. If a forest owner manages a separate forest covering an area of less than 0.3 ha, the area of a forest inventory block will be equal to the former.

8. Forest condition plot refers to a unit of measure of forest area comparatively identical in terms of origin, geological formation conditions, botanical composition, stock or volume.

9. Standardized typical-pattern grid cell used in a forest survey refers to a forest area identified to perform methods of collecting representative information about the target forest field or site.

10. Broadleaf forest refers to a forest in which broadleaf timber trees account for more than 75% of total tree population.

11. Coniferous forest refers to a forest in which coniferous trees account for more than 75% of total tree population.

12. Palm forest refers to a forest mainly composed of palm tree species accounting for 75% of total tree population.

13. Broadleaf and conifer mixed forest refers to a forest with each kind of these trees accounting for between 25% and 75% of the total number of trees.

14. Timber and bamboo mixed forest refers to a forest with the canopy cover of timber trees accounting for at least 50% of total cover.

15. Timber and bamboo mixed forest refers to a forest with the canopy cover of timber trees accounting for at least 50% of total canopy cover.

16. Evergreen broadleaf forest refers to a forest in which broadleaf timber trees retaining their leaves through the year account for more than 75% of total tree population.

17. Deciduous forest refers to a forest in which timber trees seasonally shedding all of their leaves account for more than 75% of total tree population.

18. Semi-deciduous broadleaf forest refers to a forest where evergreen timber trees and seasonal deciduous trees are mixed together at the percentage rate ranging from 25% to 75% of each.

19. Bamboo forest refers to a forest mainly composed of tree species of the bamboo family accounting for at least 75% of total forest tree population.

Chapter II

FOREST CLASSIFICATION

Article 4. Classification of forests by their origins

1. Natural forests, including:

a) Primary forests;

b) Secondary forests, including: Restored forests and post-exploitation forests.

2. Planted forests classified by tree species and age classes, including:

a) Forests newly planted on non-forest land;

b) Replanted forests;

c) Forests naturally regenerated from planted forests after exploitation.

Article 5. Classification of forests by geological formation conditions

1. Earth mountain forests, including forests growing on earth hills and mountains.

2. Rocky mountain forests, including forests growing on rocky mountains or rock-revealing areas without or with less soil on the surface thereof.

3. Regularly or periodically flooded forests, including:

a) Saline-submerged forests, including those growing along marine shorelines and estuaries which are swamped by tidal saline water on a regular or periodic basis;

b) Alkaline forests, including forest areas growing on alkaline and brackish-flooded land;

c) Regularly or periodically freshwater-flooded forests.

4. Dune forests, including forests growing on sand dunes and sand banks.

Article 6. Classification of forests by tree species

1. Timber forests mainly consisting of timber trees, including:

a) Broadleaf forests, including evergreen broadleaf forests, deciduous broadleaf forests and semi-deciduous broadleaf forests;

b) Coniferous forests;

c) Broadleaf and coniferous mixed forests.

2. Bamboo forests.

3. Timber – bamboo mixed forests and bamboo – timber mixed forests.

4. Palm forests.

Article 7. Classification of forests by stock or volume

1. Timber forests are classified into the followings:

a) Rich forests with the standing stock of greater than 200 m³/ha;

b) Average forests with the standing stock ranging from greater than 100 to 200 m³/ha;

c) Poor forests with the standing stock ranging from greater than 50 to 100 m3/ha;

d) Extremely poor forests with the standing stock ranging from 10 to 50 m3/ha;

dd) Non-stock forests with the standing stock of less than 10 m³/ha.

2. Bamboo forests are classified by tree species, diameter class and density class; detailed classification shall be subject to regulations laid down in the Appendix I hereto.

Article 8. Non-forest areas

1. Areas where regenerating timber trees are under protected cultivation and restoration to be turned into forest areas.

2. Areas which are cultivated with forest plants but fail to satisfy criteria for being qualified as forests.

3. Areas currently in use for forest protection and development purposes.

Chapter III

FOREST SURVEYS

Section 1. SPECIALIZED FOREST SURVEYS

Article 9. Specialized forest survey duties, processes and implementation

1. Specialized forest surveys focus on forest area; forest stock; forest structure; forest growth; forest regeneration; non-timber forest products; geographical formation; forest ecosystem diversity; forest vegetation system; forest vertebrate fauna; forest insects, pests and diseases.

2. Specialized forest survey processes:

a) Performing preparatory activities, including preparing the proposal and cost estimate; providing necessary materials and equipment; collecting and processing images, maps and other related materials; determining the sample size commensurate with survey requirements; designing survey samples on maps;

b) Conducting field surveys, including designing field survey samples; collecting data and objects from survey samples; carrying out supplementary investigations into forest condition plots used for drawing forest condition maps and other specialized maps (if any); carrying out field survey quality inspection, surveillance and acceptance testing;

c) Carrying out internal processing and calculation activities, including editing and perfecting forest status maps and specialized maps (if any); selecting mathematical statistics software and approaches, processing and calculating forest area, indices measuring forest quality, geological formation and biodiversity; analyzing, compiling and preparing reports on forest investigation results and other specialized reports; carrying out the inspection and acceptance testing of quality of specialized forest survey achievements.

3. Implementation of specialized forest surveys:

a) Specialized forest surveys shall be implemented according to laws;

b) Bodies making decisions on specialized forest survey projects shall be responsible for approving and publishing survey results.

Article 10. Forest area survey

1. Subject matters of the forest area survey:

a) Investigation into area of primary natural forests and secondary natural forests;

b) Investigation in area of earthen mountain forests, rocky mountain forests, flooded forests and dune forests;

c) Investigation into area of planted forests specific to tree species and age class;

d) Investigation into regenerative cultivation area, newly forestation areas which have not yet become forests and others used for forest protection and growth;

dd) Investigation into area of forest conditions specific to forest owners and administrative units.

2. Forest area survey approaches:

a) Investigating into forest area specific to forest condition plots;

b) Interpreting remote sensing images; drawing maps with annotation of forest status by using specialized software;

c) Conducting supplementary field surveys into forest condition plots;

d) Editing and perfecting forest status maps and measuring area of forest condition plots by using dedicated software.

3. Achievements obtained from forest area surveys and assessments:

a) Forest status maps specified in survey requirements in compliance with laws on maps;

b) Original survey data and those data compiled by using Forms No. 04, 05 and 08 in the Appendix II hereto;

c) Reports on forest condition survey and assessment results.

Article 11. Forest stock survey

1. Subject matters of the forest stock survey:

a) Investigation into timber stock of natural forests and planted forests;

b) Investigation into bamboo stock of natural forests and planted forests;

c) Investigation into timber and bamboo stocks of timber – bamboo mixed forests and bamboo – timber mixed forests.

2. Forest stock survey approaches:

a) Using standardized typical-pattern grid cells arranged in a random or systematic manner, each of which covers an area of 1,000 m², with respect to conditions of natural forest covering an area of greater than 2,000 ha;

b) Using standardized typical-pattern grid cells covering an area of between 500 m² and 1,000 m², with respect to condition of natural forests covering an area of less than 2,000 ha; providing between 0.01% and 0.1% of their area for sampling;

c) Using standardized typical-pattern grid cells appropriate for specific forest conditions (e.g. tree species and age class) covering an area of between 100 m² and 500 m² with respect to planted forests; providing between 0.01% and 0.05% of their area for sampling;

d) Carrying out surveys into timber and bamboo trees, including: determining name of tree species, attributes, total tree height and diameter at 1.3 m in height; in case where it is necessary to calculate the lost forest stock, measuring diameter at 1.3 m in height with respect to plants already felled but remaining in place, and measuring diameters of roots left after trees are felled;

dd) Using equipment necessary for quick surveys into forest stock;

e) Using charts and forms of stock and output make ready for searching;

g) Using dedicated processing software and mathematical survey approaches for measurement of forest stock.

3. Forest stock survey achievements:

a) Original survey data, charts and forms showing forest stock using Forms No. 01, 02, 03, 06, 07 and 09 in the Appendix II hereto;

b) Reports on forest stock survey and assessment results.

Article 12. Forest structure survey

1. Subject matters of the forest structure survey:

a) Forest stand average indices, including diameter at 1.3 m in height, total tree height, basal area and stand stock;

b) Forest composition;

c) Tree density;

d) Canopy layers;

dd) Canopy cover;

e) Diameter distribution of trees;

g) Height distribution of trees;

h) Height – diameter relationship.

2. Forest structure survey approaches:

a) Using standardized typical-pattern grid cells covering an area of 2,000 m² for investigating forest structures;

b) Calculating and collecting data for the following indices, such as forest tree names, diameters at 1.3 m in height, total tree height, bole height, crown diameter; drawing longitudinal and cross section plans of timber layers at 1/100 scale;

c) Using mathematical methods and software for calculating forest stand average indices specified in clause 1 of this Article.

3. Forest structure survey achievements:

a) Original survey data, charts and forms compiled from forest structure survey results by using Forms No. 01, 10 and 29 in the Appendix II hereto;

b) Longitudinal and cross section plans of the spatial forest structure;

c) Reports on forest structure survey and assessment results.

Article 13. Forest growth survey

1. Subject matters of the forest growth survey:

a) Annual regular growth pattern;

b) Periodic regular growth pattern;

c) Periodic average growth pattern;

d) General average growth pattern;

dd) Growth rate;

e) Investigation into growth of individual trees, including tree diameter, height, trunk shape and tree volume;

g) Investigation into forest stand growth, including forest stand density, average stand diameter, average stand height, basal area and stand stock.

2. Forest growth survey approaches:

a) Individual tree survey approaches, including bole analysis, growth boring, repeated measurement over time and use of growth models in several trees;

b) Stand growth survey approaches, including formulation of positioning cells intended for carrying out growth counting surveys on forest stand indices over years; these approaches applied to the case in which planted forests are subject to growth surveys according to land classes;

c) Forest growth measurement approaches mentioned in a, b, c, d and dd of clause 1 of this Article that are subject to regulations set out in the Form No. 11 of Appendix II hereto.

3. Forest growth survey achievements:

a) Original survey data and charts and forms showing forest growth survey results using Forms No. 11, 12, 13, 14, 15 and 16 in the Appendix II hereto;

b) Reports on forest growth survey and assessment results.

Article 14. Forest regeneration survey

1. Subject matters of the forest regeneration survey:

a) Names of regeneration tree species;

b) Regeneration tree height;

c) Regeneration tree origin;

d) Regeneration tree density;

dd) Regeneration tree composition;

e) Regeneration tree distribution level;

g) Regeneration tree quality;

h) Regeneration tree and timber layer relationship;

i) Potential regeneration tree ratio.

2. Forest regeneration survey approaches:

a) Using standardized typical-pattern grid cells for counting regeneration trees growing within standardized typical-pattern grid cells for timber surveys, positioning cells or areas of forest regeneration cultivation;

b) Collecting information, counting data included in indices specified in points a, b, c, e and g of clause 1 of this Article;

c) Using mathematical statistics and software for calculating data for indices linked to regeneration tree average height, average density of regeneration trees, groups of regeneration trees having the same quality standards and other indices specified in points dd, h and i of clause 1 of this Article.

3. Forest regeneration survey achievements:

a) Original survey data, charts and forms compiled from forest regeneration survey results by using Forms No. 01, 10 and 29 in the Appendix II hereto;

b) General reports showing potential regeneration trees made by using the Form No. 19 of Appendix II hereto;

c) Reports on forest regeneration survey and assessment results.

Article 15. Non-timber forest product survey

1. Subject matters of the non-timber forest products:

a) Fiber products, including bamboo, rattan, those species with leaves and trunks containing fiber and grasses;

b) Food products of botanical origin, including trunks, buds, stumps, bulbs, foliage, flowers, fruits, nuts, spices, oilseeds and mushrooms;

c) Products used for formulating pharmaceutical and cosmetic products of botanical origin;

d) Extract products, including resins, oleoresins, latex, tannins, dyes, fatty oils and essential oils;

dd) Other non-timber forest products.

2. Non-timber forest product survey approaches:

a) The survey into the species composition is conducted by using typical-pattern survey lines or standardized typical-pattern grid cells in order to identify all of non-timber forest products existing in a survey line or standardized cell;

b) The area survey is conducted by using approaches specified in clause 2 of Article 10 herein in order to investigate area of natural forests producing non-timber forest products; making statistics of and overlaying maps showing non-timber forest trees growing as an addition to area of planted non-timber forests;

c) With regard to the stock survey, if non-timber forest products are parts of timber trees, the approach specified in clause 2 of Article 11 herein may be employed; in case of non-timber forest products of other botanical origin, the survey may be conducted by forming standardized grid cells counting all of individual non-timber forest products, identifying usable parts and crop production of each tree as a basis to measure annual stock and potentiality; in case of non-timber forest products of botanical origin, the survey may be conducted by forming survey lines and interviewing residents to determine usable parts and annual crop production as a basis to calculate stock of forests producing non-timber products.

3. Non-timber forest product survey achievements:

a) Original survey data, charts and forms showing non-timber forest product survey results using Forms No. 03, 07, 20, 21 and 22 in the Appendix II hereto;

b) Non-timber forest product distribution map;

c) Report on non-timber forest product survey and assessment results.

Article 16. Geological formation survey

1. Subject matters of the geological formation survey:

a) Class-1 geological formation survey;

b) Class-2 geological formation survey;

c) Class-3 geological formation survey;

d) Forest land survey;

dd) Level of specificity of class-1, class-2 or class-3 geological formation and forest land survey indices, subject to regulations laid down in the Form No. 23 of Appendix II hereto.

2. Geological formation survey approaches:

a) Using standardized grid cells, each of which covers an area of between 100 to 200 m²; describing geological formation factors, including landform, terrain, climate, hydrographical conditions and surface cover;

b) Excavating soil, describing land profile and analyzing physiological and chemical indices specified in the Form No. 23 and 24 of Appendix II hereto;

c) Overmapping.

3. Geological formation survey achievements:

a) Class-1, class-2 and class-3 geological formation maps prescribed by law on maps;

b) Original survey data systems, charts and forms compiled from land analysis results;

c) Geological formation map interpretations.

Article 17. Individual tree survey

1. Subject matters of the individual tree survey:

a) Tree trunk shape survey, including normal and natural taper functions of tree trunks;

b) Survey into lying trees or parts of tree trunks, including diameter, length (or height) of tree trunk and tree volume (with or without barks);

c) Standing tree survey, including diameter at 1.3m in height, stump diameter, crown diameter, total tree height, bole height, tree volume (with or without barks) and tree qualities;

d) Survey into stumps of felled trees, including diameter and height.

2. Individual tree survey approaches:

a) Using measurement instruments specially designed for forest surveys to directly measure standing tree trunks or parts and stumps of felled trees;

b) Determining the normal taper function by analyzing a tree trunk to calculate the net tree volume and make comparison with the volume of a circular cylinder whose diameter is equal to the diameter at 1.3 m in height of a tree trunk and the height of a circular cylinder equal to the length of a tree trunk;

c) Determining the natural taper function by analyzing a tree trunk to calculate the net tree volume and make comparison with the volume of a circular cylinder whose diameter is equal to the diameter at 1/10 m in height from the tree stump and the height equal to the length of a tree trunk;

d) Calculating the volume of part of a lying tree by using the formula for calculating the volume of the part of the lying tree or the round tree log by multiplying the average girth and the length of the lying tree or the round tree log;

dd) Volume of a standing tree indirectly calculated by the formula: V = G.H.F (where: V denotes the tree volume; G denotes the tree girth; H denotes the tree height; F denotes the taper function) or using charts of volumes and models of calculation of volumes made available for access to and determination of standing tree volumes;

e) Crown diameters of trees measured through the vertical projection of canopy covering an area of ground or the plan giving the cross sectional view of the area of canopy according to the shape and distribution of such trees within a forest stand;

g) Assessing qualities of standing trees through observing their morphological and growing condition in order to rate good, average and poor.

3. Individual tree survey achievements:

a) Data obtained from counting or collection processes, charts and forms compiled from individual tree survey and calculation results by using Forms No. 25 and 29 in the Appendix II hereto;

b) Reports on individual tree survey and assessment results.

Article 18. Forest biodiversity survey

1. Subject matters of the forest biodiversity survey:

a) Forest vegetation area survey;

b) Survey into basic characteristics of forest ecosystem, including fauna, flora, geographical, topographical, climatic, hydrographical and other human impact factors;

c) Survey into structures of other ecosystems, including natural or man-made water surfaces, mats of grasses and herbs, bushes and other biotopes.

2. Forest biodiversity survey approaches:

a) Using the forest status map according to point a of clause 3 of Article 10 herein to identify forest vegetation types;

b) Using the standardized typical-pattern grid cell covering an area of 2,000 m² for investigating forest vegetation types, describing characteristics stipulated in point b and c of clause 1 of this Article.

3. Forest biodiversity survey achievements:

a) Forest ecosystem map representing distribution boundaries of vegetation types defined according to map laws;

b) Reports with forest biodiversity interpretations.

Article 19. Vegetation diversity survey

1. Subject matters of the vegetation diversity survey:

a) Surveying vegetation components, including vascular and non-vascular vegetation;

b) Compiling the nomenclature of plant species;

c) Determining geographic factors in forest vegetation;

d) Determining forms of life of forest vegetation;

dd) Determining functions of forest vegetation;

e) Surveying distribution of endangered, precious and rare forest plants.

2. Forest vegetation survey approach:

a) Using typical-pattern survey lines running past elevation belts, landforms and different forest conditions; determining all of existing plant species; recording forms of life and functions of plants according to the Form No. 27 of Appendix II hereto; determining the distribution of endangered, precious and rare forest plants by marking them on maps or by means of locators installed along survey lines and interviewing local inhabitants;

b) Collecting plant specimens and making descriptions thereof according to the Form No. 28 in Appendix II hereto.

3. Forest vegetation survey achievements:

a) Nomenclature of plants compiled according to the Form No. 29 of Appendix II hereto;

b) Nomenclature of endangered, precious and rare plants;

c) Maps showing the distribution of endangered, precious and rare plants;

d) Forest plant specimens;

dd) Reports on results of forest vegetation diversity survey and assessment.

Article 20. Vertebrate diversity survey

1. Subject matters of the vertebrate diversity survey:

a) Conducting surveys and producing directories of animals;

b) Conducting surveys and producing directories of birds;

c) Conducting surveys and producing directories of reptiles and amphibians;

d) Conducting surveys and producing directories of fish species;

dd) Surveying niches, distribution of vertebrates and producing directories of endangered, precious and rare plants.

2. Vertebrate survey approaches:

a) Using typical lines and points representing biotopes; directly observing and counting the number of individuals, herds and herd structures with respect to large ones and herd’s habitats; recognizing animal sounds or singing voices; recognizing particular traces; using camera traps; adopting the form to be completed by vertebrate survey data according to the Form No. 30 of Appendix II hereto; collecting specimens and making descriptions according to the Form No. 31 of Appendix II hereto;

b) Surveying samples and traces remaining at rural or mountainous villages, and interviewing local residents.

3. Vertebrate diversity survey achievements:

a) Directories of forest animals compiled according to the Form No. 32 of Appendix II hereto;

b) Directories of endangered, precious and rare animals;

c) Maps showing the distribution of endangered, precious and rare animals;

d) Specimens of forest animals and description notes of specimens;

dd) Reports on vertebrate survey and assessment results.

Article 21. Forest insect, pest and disease survey

1. Subject matters of the forest insect, pest and disease survey:

a) Surveying forest insects, including composition of species, density and distribution of insects;

b) Compiling directories of forest insects;

c) Compiling directories of endangered, precious and rare forest insects;

d) Surveying and forecasting forest pests and diseases;

dd) Collecting specimens of forest insects, pests and diseases.

2. Forest insect, pest and disease survey approaches:

a) Using standardized grid cells, each of which covers an area of 2,500 m²; in each grid cell, establishing systematic survey lines to survey flying insects, establishing 1-square-meter standardized grid cells to survey soil insects, use typical plants for surveying plant insects, pests or diseases; keeping record of forest insect survey data by using the Form No. 33 of Appendix II hereto; collecting specimens and describing forest insects, pests and diseases by using the Form No. 34 of Appendix II hereto;

b) Using typical patterns of survey lines to collect data and specimens of forest pests and diseases.

3. Achievements of the forest insect, pest and disease survey:

a) Directories of forest insects compiled according to the Form No. 35 of Appendix II hereto;

b) Directories of forest pests and diseases;

c) Directories of endangered, precious and rare forest insects;

d) Specimens of insects, pests and diseases, and description notes;

dd) Reports on forest insect survey and assessment results;

e) Reports on pest and disease survey and forecast results.

Article 22. Biomass and forest carbon stock survey

1. Subject matters of the biomass and forest carbon stock survey:

a) Surveying live plant biomass, including aboveground and underground tree parts;

b) Surveying carbon stocks, including carbon stored in live biomass prescribed in point a of this clause; carbon contained in dead trees or decomposition layers; carbon contained in soil.

2. Biomass and forest carbon stock survey approaches:

a) Forming standardized grid cells as prescribed in point a and b of clause 2 of Article 11 herein for the purposes of collecting numeric data about biomass and carbon stocks;

b) Collecting survey samples, including samples of timber trees, regeneration trees, bushes, living layers, vines, decomposition or decay layers and underground tree parts, used for directly calculating carbon stocks;

c) Collecting soil samples and analyzing carbon stored in soil;

d) Measuring carbon stocks by employing the method of using survey samples for direct computation specified in point b of this clause or the method of indirect conversion of biomass under point a of this clause.

3. Achievements of the biomass and forest carbon stock survey: Reports on biomass and carbon stock survey and assessment results.

Section 2. CYCLIC FOREST SURVEYS AND ASSESSMENTS

Article 23. Tasks, processes and implementation of cyclic forest surveys and assessments

1. Tasks involved in cyclic forest surveys and assessments

In view of managerial objectives and requirements, tasks of cyclic forest surveys shall be subject to the following specific regulations:

a) Forest area survey shall be subject to clause 1 of Article 10 herein;

b) Forest stock survey shall be subject to clause 1 of Article 11 herein; non-timber forest product survey shall be subject to clause 1 of Article 15 herein; carbon stock survey shall be subject to point b of clause 1 of Article 22 herein;

c) Forest structure survey shall be subject to clause 1 of Article 12 herein;

d) Forest growth survey shall be subject to clause 1 of Article 13 herein;

dd) Forest regeneration survey shall be subject to clause 1 of Article 14 herein;

e) Survey into bush and living layer structures;

g) Geological formation survey shall be subject to clause 1 of Article 16 herein;

h) Forest biodiversity survey shall be subject to clause 1 of Article 18 herein;

i) Forest plant diversity survey shall be subject to clause 1 of Article 19 herein;

k) Forest vertebrate diversity survey shall be subject to clause 1 of Article 20 herein;

l) Survey into forest insects, pests and diseases shall be subject to clause 1 of Article 21 herein.

2. Processes of cyclic forest surveys and assessments:

a) Preparatory activities, including formulating cyclic forest survey and assessment plans; proposing and adopting technical methods for carrying out forest survey and assessments; preparing necessary materials and equipment; collecting data on the forest survey and assessment in the previous cycle; designing the cluster of cells and forest ecosystem positioning cells on maps; interpreting satellite images for drawing of forest status maps;

b) Conducting field surveys, including designing the cluster of cells and ecosystem positioning cells at field sites; collecting data and objects from the cluster of cells and positioning cells; carrying out supplementary investigations for the purpose of drawing forest condition maps prior to production of forest status maps; carrying out inspection, surveillance and acceptance testing of quality of field surveys;

c) Carrying out internal processing and calculation activities, including editing and perfecting forest status maps; selecting mathematical statistics software and methods, processing and calculating forest area, indices measuring forest quality, topographical formation and biodiversity; analyzing, compiling and preparing reports on cyclic forest survey results; carrying out the inspection and acceptance testing of quality of cyclic forest survey achievements;

d) Establishing and updating cyclic forest survey and assessment data systems.

3. Implementation of cyclic forest surveys and assessments:

a) Vietnam Administration of Forestry requests the Minister of Agriculture and Rural Development to approve investment policies, schemes and cost estimates for implementation of cyclic forest surveys and assessments on a nationwide scale;

b) Specialized bodies are assigned to carry out technical tasks according to the method specified in Article 24 herein;

c) Vietnam Administration of Forestry supervises implementation and acceptance testing of results obtained from implementing such surveys and assessments on an annual basis; completing documentation submitted to the Ministry of Agriculture and Rural Development to seek its approval after end of each survey cycle;

d) Survey cycle and disclosure of survey results shall be subject to clause 2 of Article 33 in the Law on Forestry.

Article 24. Cyclic forest survey and assessment approaches

1. Cyclic forest area survey is conducted by using the approach specified in clause 2 of Article 10 herein.

2. Forest quality survey is conducted according to the cluster of cells:

a) On all of forest areas and non-forest areas, establishing a grid of square meshes (8 km x 8 km) on each of which a cluster of cells is arranged;

b) In each cluster of cells, establishing 5 count cells in the L shape; the distance between count cells is 150 m; each count cell covers an area of 1,000 m²;

c) On a quinquennial basis, surveying and collecting data from cell clusters, including data of indices linked to forest stocks according to survey approaches prescribed in point d and g of clause 2 of Article 11 herein; data of indices linked to forest regeneration according to survey approaches specified in clause 2 of Article 14 herein; determining non-timber forest species and non-timber forest stocks as provided in point c of clause 2 of Article 15 herein; determining composition of species, measuring height and cover canopy of bushes and live layers; surveying forest carbon stocks by employing survey approaches specified in point b, c and d of clause 2 of Article 22 herein.

3. Forest quality survey is conducted by using national grids of cells for positioning national forest ecosystems:

a) Selecting 10% of positions of meshes (8 km x 8 km) typical for forest types according to elevation belts, ecological subzones and ecological zones for establishment of national grids of cells for positioning ecosystems of national forests, each of which covers an area of 100 ha;

b) In each ecosystem positioning cell, establishing 3 study cells, each of which covers an area of 01 ha;

c) On a quinquennial basis, surveying and collecting data for ecosystem positioning cells, including the following data and activities: forest stock, regeneration, non-timber forest products, bushes, live layers and forest carbon stock, subject to provisions laid down in point c of clause 2 of this Article; forest structure according to survey approaches specified in point b and c of clause 2 of Article 12 herein; forest growth according to survey approaches referred to in clause 2 of Article 13 herein; geological formation according to survey approaches referred to in point b of clause 2 of Article 16 herein; forest biodiversity according to survey approaches referred to in clause 2 of Article 18 herein; using forest status maps subject to point a of clause 3 of Article 10 herein for categorizing forest vegetation patterns and describing basic characteristics of forest ecosystems; plant diversity according to survey approaches specified in clause 2 of Article 19 herein; forest vertebrate diversity according to survey approaches specified in clause 2 of Article 20 herein; using study cells for conducting surveys into forest insects, pests and diseases according to survey approaches specified in point a of clause 2 of Article 21 herein.

d) At intervals between the 5-year cycle, reviewing and updating information about variations in forest owners, forest areas and other information subject to changes resulting from external impacts occurring in cells for positioning of ecosystems of national forests.

Chapter IV

FOREST INVENTORY

Article 25. Forest inventory tasks and implementation of forest inventory tasks

1. Forest inventory tasks shall include making forest inventories according to forest conditions, owners, uses and preparing forest management documentation.

2. Implementation of forest inventory tasks:

a) Vietnam Administration of Forestry requests the Minister of Agriculture and Rural Development to issue forest inventory policies, formulates projects and undertakes forest inventory tasks according to laws;

b) All-level People’s Committees take charge of producing forest inventories within their respective jurisdiction;

c) Provincial-level People’s Committees approve and publicly disclose results of forest inventories at the provincial level;

d) Vietnam Administration of Forestry compiles the final report to submit to the Ministry of Agriculture and Rural Development to seek its approval and public disclosure of national forest inventories.

Article 26. Processes for taking forest inventories

1. Vietnam Administration of Forestry provides latest information about nationwide cyclic forest surveys in order for localities to make forest inventories.

2. Departments of Agriculture and Rural Development instruct forest owners to take inventories of forests under their jurisdiction.

3. Specialized forestry bodies carry out technical tasks, including:

a) Carry out the overmapping of commune-level forest status maps and land allocation maps over satellite imagery backgrounds for the purpose of producing maps intended for forest inventories;

b) Specifying locations and boundaries of forests of forest owners on maps intended for forest inventories;

c) Transferring results obtained from carrying out such tasks as provided in point b of clause 3 of this Article to forest owners.

4. Forest owners check forest conditions at the inventory-taking time and completing the Form No. 01 and 02 given in Appendix II hereto.

5. Forest Management Subdepartments at the district level cooperate with forest owners, local authorities and specialized forestry bodies in performing the following tasks:

a) Carrying out the field inspection to adjust locations, boundaries of and other information about inventory plots where necessary;

b) Adjusting information about attributes of each inventory plot on digital maps in case of any change;

c) Editing and perfecting commune-level forest inventory maps and preparing forest management documentation according to clause 1 and 2 of Article 31 herein.

6. Commune-level and district-level People’s Committees attest forest inventory maps and forest management documentation under the management of equivalent administrative bodies and send them to provincial-level Forest Management Departments.

7. Provincial-level Forest Management Departments cooperate with specialized bodies in performing the following tasks:

a) Integrating maps showing forest inventorying results under the management of lower-rank administrative bodies into the ones under the management of higher-rank administrative bodies;

b) Compiling forms and charts from forest inventorying results under the management of respective administrative bodies according to the Form No. 03, 04, 05, 06, 07, 08, 09 and 10 of Appendix II hereto;

c) Keeping provincial-level forest management documentation according to clause 2 of Article 31 herein.

Article 27. Condition-based forest inventory

1. Making inventories of forest areas and stocks:

a) Natural and planted forests;

b) Earthen mountain forests, rocky mountain forests, flooded forests and dune forests;

c) Timber forests, bamboo forests, timber and bamboo mixed forests and palm forests.

2. Making inventories of non-forest areas:

a) Areas where regenerating trees are under protected cultivation and restoration to be turned into forest areas;

b) Areas which are cultivated with forest plants but fail to satisfy criteria for being qualified as forests;

c) Other areas currently in use for forest protection and development purposes.

Article 28. Owner-based forest inventory

1. Making inventories of forest stocks and areas under the management of forest owners as provided in Article 8 in the Law on Forestry.

2. Making inventories of forest areas and stocks under the management of commune-level People’s Committees.

Article 29. Purpose-based forest inventory

1. Making inventories of specialized forests, including national parks, natural reserves, species – biotopes conservation zones, protected landscapes, forest areas intended for scientific researches and experiments, national vegetation parks and national seed stands.

2. Making inventories of protection forests, including upstream protection forests, forests protecting water resources of residential communities, border protection forests, wind, sand and wave sheltering and sea reclamation forests.

3. Making inventories of production forests, including natural and planted forests.

Article 30. Forest inventorying achievements

1. Maps showing results obtained from forest inventorying efforts that use the reference system VN2000 and the mapping scale according to laws on maps:

a) Commune-level: the minimum scale of 1/10,000;

b) District-level: the scale of 1/50,000;

c) Provincial-level: the scale of 1/100,000;

d) Nationwide-level: the scale of 1/1,000,000;

dd) With respect to maps showing forest inventorying results of group-II forest owners, their scales must be commensurate with forest areas.

2. Charts and forms compiled from results of forest inventories under the relevant jurisdiction of administrative bodies shall be subject to point b of clause 7 of Article 26 herein.

Article 31. Preparation of forest management documentation

1. Forest management documentation of forest owners:

a) Forest management documentation of group-I forest owners shall be prepared according to the Form No. 11 of Appendix III hereto, including the land lot zoning extracts from commune-level maps showing forest inventorying results;

b) Forest management documentation of group-II forest owners shall be prepared according to the Form No. 12 of Appendix III hereto.

2. Forest management documentation requirements imposed on specific administrative units, including:

a) Forest management registers of commune-level administrative units shall be prepared according to the Form No. 13 of Appendix III hereto; of district-level administrative units shall be prepared according to the Form No. 14 of Appendix III hereto; of provincial-level administrative units shall be prepared according to the Form No. 15 of Appendix III hereto;

b) Maps showing forest inventorying results at different administrative units shall be subject to clause 1 of Article 30 herein;

c) Forms and charts showing forest inventorying results shall be subject to point b of clause 7 of Article 26 herein.

Chapter V

MONITORING OF FOREST TRANSITIONS

Article 32. Tasks and requirements of monitoring of forest transitions

1. Tasks involved in the monitoring of forest transitions:

a) Monitoring transition in forest areas according to forest conditions;

b) Monitoring transition in forest areas according to forest owners;

c) Monitoring transition in forest areas according to uses of forests;

d) Monitoring transition in forest areas according to causes.

2. Requirements for monitoring of forest transitions:

a) Using forest inventorying results integrated into the central database for monitoring of forest transition hosted on the server installed at the Vietnam Administration of Forestry (briefly called Central Database) as original data used for carrying out the annual monitoring of forest transitions. Previously published data are the database for carrying out the following year’s monitoring of forest transition;

b) Using forest transition updating software issued by the Ministry of Agriculture and Rural Development;

c) Using necessary surveying, drawing and updating instruments and equipment, including personal computers, satellite locators and tablets, for defining and zoning forest plots subject to transition.

Article 33. Processes for monitoring of forest transitions

1. Collecting forest transition information:

a) Within 15 days from the date of transition in forest area, group-II forest owners shall be responsible for reporting to district-level Forest Protection Subdepartments; group-I forest owners shall be responsible for reporting to local forest protection forces on transitions in their allocated or leased forest areas; local forest protection officers shall be responsible for reporting to district-level Forest Protection Subdepartments on forest transitions with respect to forest areas put under the control of commune-level People’s Committees, and receiving, collecting, checking and verifying information about forest transitions provided by group-I forest owners;

b) Using the sample report containing information about transition in forest area given in the Form No. 01 of Appendix IV hereto.

2. Time of identification of forest transition occurring due to causes shall be regulated as follows:

a) Time of receipt of the report on acceptance testing of forestation results or after completion of forest cropping season, or time of receipt of the report on acceptance testing of results of the protected cultivation for regeneration of forests with respect to causes of transition specified in point a and c of clause 1 of Article 37 herein;

b) After 03 years of receipt of the report on acceptance testing of forestation results or after completion of forest cropping season in the first year with respect to causes of transition specified in point b of clause 1 of Article 37 herein;

c) Time of completion of the primary exploitation of forest resources with respect to causes specified in point a of clause 2 of Article 37 herein;

d) Inspection reports including identification of forest areas subject to loss or damage that are made by competent authorities with respect to causes specified in point b, c and d of clause 2 of Article 37 herein;

dd) Reports on acceptance testing of completed exploitation of timber and other forest products that are prepared by competent authorities with respect to causes specified in point dd of clause 2 of Article 37 herein;

e) Documents, records or reports made by competent authorities with respect to causes specified in point d of clause 1 and point e of clause 2 of Article 37 herein.

3. Updating forest transitions:

a) Within 30 days of receipt of reports on forest transitions from forest owners or local forest protection officers, district-level Forest Protection Subdepartments shall carry out the inspection of forest transition documentation and the field verification; shall update forest transition software with transitions that may occur and synchronize updated results with the central database;

b) Provincial-level Forest protection Departments shall check and assess the level of adequacy of materials, data, databases and results of update of forest transitions provided by district-level Forest Protection Subdepartments; shall consolidate results of monitoring of forest transitions and areas where forests have not yet been formed throughout provinces;

c) Forest Administration shall consolidate results obtained from monitoring of transition in nationwide forests;

d) Collection and update of forest transition Information shall be subject to provisions laid down in Article 34, 35, 36 and 37 herein.

4. Approving and publicizing results of monitoring of forest transitions

a) Package of documents submitted to apply for approval of results must comprise the written request for approval of results of monitoring of forest transition; charts or forms compiled from results by using the Form No. 02, 03, 04 and 05 of Appendix IV herein; the report on assessment of forest transition, analysis of causes of increase or reduction in forest area and areas not yet becoming forests in the report period and year on year; the forest transition monitoring database, including forest status maps and information about attributes of these maps (in digital form);

b) District-level Forest Protection Subdepartments must prepare application documents for approval of results referred to in point a of clause 4 of this Article for submission to district-level People’s Committees to seek their decisions on public disclosure of forest conditions before reporting to provincial-level Forest Protection Departments by January 31 in the following year;

c) Forest Protection Departments must prepare application documents for approval of results specified in point a of clause 4 of this Article for the Department of Agriculture and Rural Development to submit to provincial-level People's Committees to seek their decisions on public disclosure of forest conditions before the combined report is submitted to the Ministry of Agriculture and Rural Development prior to February 28 in the subsequent year;

d) Forest Protection Administration must prepare application documents for approval of results specified in point a of clause 4 of this Article for the Vietnam Administration of Forestry to submit to the Ministry of Agriculture and Rural Development to seek its decision on public disclosure of conditions of nationwide forests by March 31 in the subsequent year.

Article 34. Monitoring of transitions in forest areas according to forest conditions

1. Monitoring transitions in forest areas:

a) Natural and planted forests;

b) Earthen mountain forests, rocky mountain forests, flooded forests and dune forests;

c) Timber forests, bamboo forests, timber and bamboo mixed forests and palm forests.

2. Monitoring transitions in non-forest areas:

a) Cultivation areas of plants not yet becoming forests;

b) Areas of protected cultivation of plants for forest regeneration purposes;

c) Other areas currently in use for forest protection and development purposes.

Article 35. Monitoring of transitions in forest areas according to forest owners

1. Monitoring transitions in area of forests under the management of forest owners prescribed in Article 8 of the Law on Forestry.

2. Monitoring transitions in area of forests under the management of commune-level People’s Committees.

Article 36. Monitoring of transition in forest areas according to purposes of use of forests

1. Monitoring transitions in specialized forests, including national parks, natural reserves, species – biotopes conservation zones, protected landscapes, forest areas intended for scientific researches and experiments, national vegetation parks and national seed stands.

2. Monitoring transitions in protection forests, including upstream protection forests, forests protecting water resources of residential communities, border protection forests, wind, sand and wave sheltering and sea reclamation forests.

3. Monitoring transitions in production forests.

Article 37. Monitoring transition in forest areas according to causes

1. Increasing forest areas due to the following causes:

a) Afforestation;

b) Planted forests qualified as forests;

c) Areas of protected cultivation of regeneration plants that are qualified as forests;

d) Others.

2. Decreasing forest areas due to the following causes:

a) Forest harvest;

b) Illegal harvest;

c) Forest fire;

d) Illegal deforestation and forestland encroachment;

dd) Transfer of purposes of forests;

e) Others (such as pests, diseases, cyclone, drought, flood, erosion and frost, etc.).

Article 38. Achievements obtained from monitoring of forest transition

1. Maps showing forest transition results that use the reference system VN2000 and the mapping scale according to laws on maps:

a) Commune-level: the minimum scale of 1/10,000;

b) District-level: the scale of 1/50,000;

c) Provincial-level: the scale of 1/100,000;

d) Nationwide-level: the scale of 1/1,000,000;

dd) With respect to maps of group-II forest owners, their scales must be commensurate with forest areas.

2. Forms and charts monitoring forest transitions and areas not yet becoming forest in different administrative units, and group-II forest owners, which are prepared by using the Forms No. 02, 03, 04 and 05 of Appendix IV herein.

3. Archival and depository of forest transition results:

a) Data on forest transition results (in documentary and digital form) prescribed in clause 1 and 2 of this Article may be archived and deposited on an annual basis;

b) Communal-level documentary data on forest transition results may be archived at commune-level People’s Committees and district-level Forest Protection Subdepartments; district-level documentary data on forest transition results may be archived at district-level Forest Protection Subdepartments and provincial-level Forest Protection Departments; provincial-level documentary data on forest transition results may be archived at Forest Protection Departments and Departments of Agriculture and Rural Development; nationwide documentary data on forest transition results may be archived at Forest Protection Administration.

c) Digital data on forest transition results integrated into the database available on the forestry information system hosted at the Vietnam Administration of Forestry may be deposited with district- or provincial-level administrative units and Vietnam Administration of Forestry.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 39. Responsibilities of forest owners

Carrying out forest inventories and monitoring of forest transitions and cooperating with specialized bodies in doing so.

Article 40. Responsibilities of relevant authorities:

1. Vietnam Administration of Forestry:

a) Formulating and implementing national forest survey and inventory projects and other thematic survey projects;

b) Providing instructions for localities and supervising them over forest surveys, inventories and monitoring of forest transitions; consolidating results of surveys, inventories and monitoring of forest transitions and non-forest areas across the nation.

2. Departments of Agriculture and Rural Development:

a) Formulating and carrying out forest survey and inventory projects existing within their jurisdiction;

b) Carrying out the monitoring of forest transitions and requesting provincial-level People’s Committee to make their decisions on public disclosure of forest conditions on an annual basis within their jurisdiction and sending related reports to the Ministry of Agriculture and Rural Development;

c) Providing instructions for localities and supervising them over forest surveys, inventories and monitoring of forest transitions; consolidating results of surveys, inventories and monitoring of forest transitions and non-forest areas at the provincial level.

3. Provincial-level Forest Protection Departments:

a) Taking charge of implementing about forest inventories and monitoring of forest transitions and providing manuals for such activities for district-level Forest Protection Subdepartments and forest owners;

b) Directly performing tasks specified in clause 4 of this Article if there is none of Forest Protection Subdepartments;

c) Archiving and depositing provincial-level forest documents and databases.

4. District-level Forest Protection Subdepartments:

a) Providing instructions about and carrying out the inspection of forest surveys and monitoring of forest transitions within districts;

b) Consolidating results of forest inventories and monitoring of forest transitions and reporting to provincial-level Forest Protection Departments and district-level People’s Committees;

c) Archiving and depositing district-level forest documents and databases.

Article 41. Entry into force

1. This Circular shall enter into force on January 1, 2019.

2. The following documents shall be repealed from the entry into force of this Circular:

a) Circular No. 25/2009/TT-BNNPTNT dated May 5, 2009 of the Ministry of Agriculture and Rural Development, providing instructions about forest statistics, inventories and documentation of forest management;

b) Circular No. 26/2017/TT-BNNPTNT dated November 15, 2017 of the Ministry of Agriculture and Rural Development, prescribing forest transitions and land intended for forest development planning purposes.

3. In the course of implementation of this Circular, if there is any difficulty that arises, entities, organizations and persons concerned must send timely feedbacks to the Ministry of Agriculture and Rural Development to seek its instructions and decisions on any necessary amendment or supplement./.

 

PP. MINISTER DEPUTY MINISTER Ha Cong Tuan