Joint Circular No. 07/2011/TTLT-BNNPTNT-BTNMT guiding forest allocation and lease in association with forestland allocation and lease

22 OFFICIAL GAZETTE Issue nos07-0S/February 2011 (Congeeo nos 101-102lFebruary 22 2011) Part I. LEGAL DOCUMENTS THE MINISTRIESTHE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT - THE MINIS7RY OF NATIIRALRESOURCES AND ENVIRONMENT Joint Circular No. 07/20111TTLT BNNPTNT-BTNMT of January 29, 2011, gUiding forest allocation and lease in association with forestland allocation and lease Pursuant to the November 26, 2003 Land Law; Pursuant to the December 3, 2004 Law Oil Forest Protection and Development; Pursuant to the Government 's Decree No. J8I12004/ND-CP of October 29, 2004, all implemeniation (~f the Land Law; Pursuant to the Government's Decree No. 23/ 2006/ND-CP of March 3, 2006, all implementation a/the Law all Forest Protection and Development; Pursurun to the Government's Decree No. 88/ 2009/ND-CP of October 19, 2009, all grant of land use right or house and land-attached ownership certificates; Pursuant to the Government's Decree No. 01/ 2008/ND-CP ojIanuarv 3, 2008, defining the functions, tasks. powers and organirational structure or the Ministry of Agriclilwre and Rural DeI'efupment, and the Government's Decree No. 75/2009lND·CP of September 10, 2009, amending Article 3 a/the Govcrnnienr's Decree No. 0l/2008/ND-CP ofJanuarv 3,2008. defining the functions, tasks, powers and organizational structure of the Ministrv of Agriculture and Rural Develoinnent; Pursuant to the Government's Decree No. 25/ 2008/ND-CP of March 4, 2008, defining the junctions, tasks, powers and organizational structure of the Ministry a/Natural Resources and Environment, and the Govermnent's Decree No. 19!2010/ND-CP at March 5, 2010, amending and supplementing Points c, d, g, It and i. Clause 5, Article 2 of the Government's Decree No. 25/2008/ND-CP ofMarch 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment: The Ministrv of Agriculture and Rura! Development and the Ministry o] Natural Resources and Em,jronment jointly guide a number of provisions on the forest allocation and lease in association with forestland allocation and lease asfollows: Chapter I GENERAL PROVISIONS Article 1. Scope of regulation 1. This Circular guides coordination between natural resources and environment agencies and ranger agencies under agriculture and rural development agencies (below referred [0 as ranger agencies) in: aJ Allocating or leasing forests in association with allocating or leasing forestland for the first lime: bl Completing forest allocation or lease © VIETNAM LAW & LEGAL FORUM Issue nosOJ-DB/February 2011 (Cong BaD nos 101-102IFebruary 22,2011) OFFICIAL GAZETTE 23 dossiers in case forestland has been allocated or leased or forestland use rights have been recognized and land use right or house and land attached ownership certificates have been granted (below referred to as certificates) but forest allocation or lease dossiers have not yet been made, c/ Completing cadastral dossiers in case forests have been allocated or leased but forestland has not yet been allocated or leased or certificates have not yet been granted. 1, In case land without forest is allocated or leased for forestry purposes or land use rights are recognized for current users of land with forests planted by themselves with non-state budget funds, the land allocation and lease and grant of certificates comply with the land law Article 2. Subjects of application State agencies. organizations, domestic households and individuals, communities of villages and hamlets (below referred to as village communities), overseas Vietnamese, foreign organizations and individuals, and other entities involved in forestland management and use or forest management. ownership and use under the land law and the law on forest protection and development Article 3. Interpretation of terms 1,Land planned for forestry purposes means land areas with or without forests which have been planned by a competent state agency for forestry development purposes and which are identified based on forest sub-zones, forest plots and forest lots for management. Particularly. scattered production forests and protection forests. land planned (or forestry puq)OSCS may be identified based on forestland sections, 2. Forestland means land with natural forests or planted forests meeting forest standards under the law on forest protection and development; land currently zoned off for forest recovery; land on which trees are newly planted hut have not yet hecome forests; land on which forests are planted or which has been allocated or leased for forestation; and bare land areas within special-use forests or protected bare land areas with other forests under the law On forest protection and development. Article 4. General provisions I. Maps used for forest allocation or lease and forestland allocation or lease belong to the VN-1000 system of reference of a I :10,000 or I :5,000 scale, When cadastral maps are available in localities, these maps must be used for forest allocation or lease and forestland allocation or tease. When cadastral maps are unavailable in localities. eXISting topographical maps of the largest scale will be used Qncluding topographical maps ofa scale larger than 1:5,000 or those of a I :15.000 scale) for forest allocation or lease and forestland allocation or lease, In case existing maps do not belong to the VN 2000 system of reference, they must be converted into those belonging to such system before use. 2. Land management agencies' and forestland users' certificates, cadastral dossiers and other documents related to forestland must indicate forest-related information specified in Article 10, Chapter III of this Circular, Such information must be information summarized from forest allocation © VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nos 07·08/February 2011 (Gong Baanos 101-102JFebruary 22,2011) or lease dossiers supplied or appraised and certified by competent ranger agencies. 3. For forestland areas which were allocated or leased or for which land use rights were recognized and forests were allocated or leased under state regulations before the effective date of this Circular, their forest allocation or lease dossiers, land allocation or lease dossiers, cadastral dossiers and certificates remain valid while procedures are not required to be carried out under this Circular. When persons with allocated or leased forests or forestland or having forestland use rights recognized wish to renew their certificates, they will be granted certificates under this Circular. Chapter II FOREST ALLOCATION OR LEASE IN ASSOCIATION WITH FORESTLAND ALLOCATION OR LEASE, AND GRANT OF CERTIFICATES Article 5. Procedures for forest allocation or lease in association with forestland allocation or lease, and grant of certi ficates I. The order and procedures for forest allocation Orlease and making of forest allocation or lease dossiers comply with the Government's Decree No. 23/2006/ND-CP of March 3, 2006, on implementation of the Law on Forest Protection and Development. Circular No. 38/2007/TT-BNN ofApril 25', 2(Xl7. of the Ministry of Agriculture and Rural Development. guiding the order and procedures for forest allocation, lease or recovery for organizations, households, individuals and village communities (below referred to as Circular No. 38/2(XJ7/TT-BNN). and Articles 6. 7 and II of this Circular. The order and procedures for the allocation or lease, grant of certificates and making of cadastral dossiers for forestland comply with the land law and Articles 6 and 8 of this Circular. Particularly, the forms of documents used for carrying out procedures for forestland allocation or lease are replaced with those used for carrying out procedures for forest allocation or lease in association with forestland allocation or lease specified in Article II of this Circular. 2. Places for receiving dossiers and time limit for carrying out procedures for forest allocation or lease in association with forestland allocation or lease. and grant of certificates comply with the land law. 3. Provincial-level People's Committee chairpersons shall specify the time for transferring dossiers for forest allocation or lease in association with forestland allocation or lease between natural resources and environment agencies and ranger agencies in the process of carrying out procedures for forest allocation or lease in association with forestland allocation or lease and grant of certificates. Article 6. Coordination between natural resources and environment agencies and ranger agencies in forest allocation or lease in association with forestland allocation or lease or first-time grant of certificates for forestland I. After receiving dossiers of request for forest allocation or lease in association with forestland allocation or lease or dossiers of application for certificates, natural resources and environment agencies shall examine the dossiers in terms of land allocation or lease conditions. and grant certificates under the land law; and concurrently send 1 set of such dossiers to ranger agencies of the same level for appraisal of forest allocation or lease conditions. © VIETNAM LAW & LEGAL FORUM Issue nos07·08lFebruary 2011 (Cong BaD nos 101-102IFebruary 22, 2011) OFFICIAL GAZETTE 25 2. After receiving dossiers from natural resources and environment agencies, ranger agencies shall examine the dossiers and give wTitten opinions on the forest allocation or lease to natural resources and environment agencies. 3. Natural resources and environment agencies shall collect dossiers of forest allocation or lease in association with forestland allocation or lease or certificate application dossiers and submit them to competent People's Committees for forest allocation or lease and forestland allocation or lease and grant of certificates; and update and modify cadastral dossiers or databases, 4, Competent People's Committees shall issue decisions on the forest allocation or lease in association with forestland allocation or lease and grant certificates at the proposal of natural resources and environment agencies. Article 7. Coordination between natural resources and environment agencies and ranger agencies in completing forest allocation or lease dossiers in case forestland has been allocated or leased or forestland usc rights have been recognized but forest allocation or lease dossiers ba ve not yet been made 1. Natural resources and environment agencies shalJ provide information in cadastral dossiers for forestland areas which have been allocated or leased or for which use rights have been recognized for ranger agencies to complete forest allocation or lease dossiers. 2. Ranger agencies shall check forest-related information on forest use purpose, forest area, origin. locution and boundary in cadastral dossiers and in the field, Whe n forest information in the field is consistent with that in cadastral dossiers, ranger agencies shall make forest allocation and lease dossiers under Clause 2, Article 11. Chapter III of this Circular. and send them to natural resources and environment agencies for supplementing certificates and cadastral dossiers or databases, When forest information in the field is inconsistent with that in cadastr..\ d-ossiers, ranger agencies shall, depending on the extent of inconsistency, notify such to natura} resources and environment agencies for carrying out necessary procedures under (he land law to modify cadastral dossiers or databases and modify, revoke or re-grant certificates. At the same time, ranger agencies shall Ill~\<.e forest allocation or lease dossiers under Clause 2, Artic Ie II of this Circular and send them to natural resources and environment agencies, Article 8. Coordination between natural resources and environment agencies and ranger agencies in completing dossiers in case forests have been allocated or leased but forestland has not yet been allocated or leased or forestland use rights have not yet been recognized I, Ranger agencies shall provide information in forest allocation or lease dossiers for natural resources and environment agencies of the same level to complete land allocation or lease dossiers and grant certificates. 2. For protection forest management units or special-use forest management units: a!Based on competent state agencies' decisions on establishment of protection forests or special use forests and the approved planning 011 use of special-use forests and protection forests, provincial-level Natural Resources and © VIETNAM LAW & LEGAL FORUM 26 OFFICIAL GAZETTE Issue nosOJ-OS/February 2011 (Cong Siio nos 101-102IFebruary 22,2011) Environment Departments shall assume the prime responsibility for, and coordinate with Ranger Depurtrnents in, examining dossiers of request for forestland allocation and submitting them to provincial-level People's Committees for allocation of forestland and grant of certificates, In the course of examining dossiers and carrying out procedures for forestland allocation, to consider and supplement land use developments and practices at the time of examination for submitting them to competent authorities for decision, hi Provincial-level People's Committees shall allorate forestland and grant certificates to protection forest management units or special use forest management units. 3. For domestic organizations, foreign organizations and individuals and overseas Vietnamese currently using forestland: Provincial-level Natural Resources and Environment Departments shall examine dossiers of request for forestland allocation or lease, grant certificates indicating the current state of forestland management and use by organizations (based on their reports reviewing the current state of land use); compare such dossiers with forest allocation or lease dossiers and approved land use plans under the land law; direct land usc right registries to transfer cadastral information and data to tax offices for identifying land-related financial obligations under law; and submit the dossiers to provincial level People's Committees for forestland allocation or lease and grant of certificates. for land areas currently used in compliance with forest allocation or lease dossiers and approved land usc plans. 4 For households. individuals and communities currently using forestland: District-level Natural Resources and Environment Divisions shall direct land usc right registries to examine certificate application dossiers in terms of the current state of land usc and compare these dossiers with forest allocation or lease dossiers; and submit the dossiers to People's Committees of districts, towns or provincial cities (below referred to as district-level People's Committees) for grant of certificates for land areas currently used. 5. In case forestland information in the field is inconsistent with that in forest allocation or lease dossiers, natural resources and environment agencies shall, depending on the extent of inconsistency, notify such to ranger agencies for carrying out procedures to modify forest allocation or lease dossiers or procedures for forest re allocation or sublease under current regulations. Chapter III CERTIFICATES AND FOREST ALLOCATION OR LEASE DOSSIERS Article 9. Certificates 1. Cenificatcs and their details comply with Circular No. 17/2009rrT-BTNMT of October 21,2009, of the Ministry of Natural Resources and Environment, on land use right or house and land-attached ownership certificates (below referred to as Circular No. 17/2009/TT BTNMT) and this Circular. 2. The natural resources and environment agency shall send one (I) copy ofeach certificate to the ranger agency of the same level. Article 10. Presentation of information III certificates Information on planted production forests © VIETNAM LAW & LEGAL FORUM Issue nosOJ·08/February 2011 (Gong Beo nos 101-102lFebruary 22,2011) OFFICIAL GAZETTE 27 shall be presented under Circular No. 1712009/ TT-BTNMT. In addition. some information on land lots at Point" I. Land lac" and information on forests other than planted production forests at Point "6. Notes:", Section II of a certificate shall be presented as follows: 1. At Point "1. Land lot:". write the address and area of the land section as follows: aJAddress: Write the number of the land lor. plot or sub-zone before writing the name of the locality where exists the land section: bl Area: Write in square meter (01'). for owners of forests of under 10 ha, or hectare (ha), for owners of forests of 10 ha or larger. which shall be rounded to 2 decimal digits. e.g., 10.34 ha. Particularly in cadastral dossiers or databases, the forestland area shall be written in 01'. 2. At Point "6. Notes:": a/ For domestic organizations. foreign organizations and individuals and overseas Vietnamese managing and using forests other than planted production forests, write: "Forest ownership is not certified. Detailed information on forest indicated in forest allocation or lease dossier No. kept at provincial-level ranger agency bl For households. individuals and village communities managing and using forests other than planted production forests, write: "Forest ownership is not certified. Detailed information on forest indicated in forest allocation or lease dossier No. kept at district-level ranger agency. Article 11. Forest or forestland allocation or least' dossiers I. In the case of forest allocation or tease in association with forestland allocation or lease. a dossier shall be made according to the form attached to this Circular (no! primed herein). comprising: al An application for forestland or forest allocation or lease. for households, individuals and village communities (form No. 0 l/GDGR); or an application for forestland or forest allocation or lease. for domestic organizations (form No. 02IGDGR): or an application for forestland or forest lease. for overseas Vietnamese and foreign organizations and individuals (form No. 03/GDGR): bl A decision or forestland or forest allocation, for households, individuals and village communities (form No. 04IGDGR); or a decision on forestland or forest lease. for households and individuals (form No. 051 GDGR): or a decision on forestland or forest allocation. for domestic organizations (form No. 06/GDGR): or a decision on forestland or forest lease. for domestic organizations, foreign organizations and individuals and overseas Vietnamese (form No. 07/0DGR); cI A contract on forestland or forest lease, in case of forestland or forest lease (form No. 081 GDGR): dl A statement of information on the forest 111 association with the allocated or leased forestland section (form No. 09/GDQR); el A table for monitoring forestland and forest developments after allocation (form No. 101 GDGR): fl A record of on-site forestland or forest handover. 2 In the case of completing forest allocation or lease dossiers after the forestland allocation e VIETNAM LAW & LEGAL FORUM 28 OFFICIAL GAZETTE Issue nosOJ-08/February 2011 (Gong BaD nos 101·102lFebruary 22,2011) 3, Provincial-level People's Committees shall: 2. The Ministry of Natural Resources and Environment shall: a/ Direct, examine, urge and guide localities in the forestland allocation or lease in association with forest allocation or lease under law: al Direct the formulation, approval and organize the implementation of overall schemes on forest allocation or lease in association with forestland allocation or lease in localities; recover forests and forestland in localities under the land law and the law on forest protection and development; bl Direct provincial-level Natural Resources and Environment Departments and Agriculture and Rural Development Departments, district-level People's Committees. and People's Committees of in databases to the Resources and bl Guide and summarize statistics and examine the management and use of forestland nationwide, ensuring compatibility with forest area statistics made by the agriculture and rural development sector; cl Provide the Ministry of Agriculture and Rural Development with information on forestland, forestland allocation or lease and recognition of forestland use rights; dl Direct the establishment, updating and storage of cadastral dossiers and databases and certificates. ensuring their consistency with forest allocation or lease dossiers; and provide information in databases to the Ministry of Agriculture and Rural Development. and provide information Mi nist ry of Natural Environment. Chapter IV ORGANlZATION OF IMPLEMENTATION 3, Forest and forestland allocation or lease dossiers specified in Clauses I and 2 of this Article shall be kept by land use right registries (as documents enclosed with cadastral dossiers) and ranger agencies under People's Committees competent to allocate or lease forests, Article 12. Implementation responsibilities 1. The Ministry of Agriculture and Rural Development shall: a/ Direct, examine, urge and guide localities in the forest allocation or lease in association with forestland allocation or lease under law; bl Guide and summarize statistics and examine the management and use of forests nationwide. ensuring compatibility with forestland area statistics made by the natural resources and environment sector; cl Provide information on the forests and forest allocation or lease nationwide to the Ministry of Natural Resources and Environment; dlDirect public information about the forest allocation or lease in association with forestland allocation or lease; eI Direct the establishment and updating of databases and information systems and the storage of databases of forest allocation or lease. and dossiers of forest allocation or lease in association v...-ith forestland allocation or lease: or lease or recognition of forestland use rights. a dossier shall be made according to the form provided by the Ministry of Agriculture and Rural Development under Circular No, 38/20071 IT-BNN, © VIETNAM lAW& lEGAL FORUM Issue nos 07·08/February 2011 (Gong Beo nos 101·102!February 22,20111 OFFICIAL GAZETTE 29 communes. w arc s or townships (below referred to as commune-level People's Committees) to coordinate with one another in the forest allocation or lease in association with forestland allocation or lease under this Circular; cI Direct functional agencies at all levels to coordinate with one another in examining, settling disputes and handling violations of the land law by organizations currently managing and using forestland; d/ Decide on the forest allocation or lease in association with forestland allocation or lease and grant certificates according to their competence; e/ Direct functional agencies and People's Committees of lower levels to complete dossiers and decide on forest allocation or lease for forestland areas which have been allocated or leased or for which use rights have been recognized; and decide on the forestland allocation or lease and grant certificates for the allocated or leased forestland areas; fl Direct natural resources and environment agencies to provide information in cadastral dossiers or maps and forestland-related documents for local ranger agencies to serve forest allocation or lease work. 4. District-level People's Committees shall: a/ Direct the formulation of overall plans on forest allocation or lease in localities and submit them to provincial-level People's Committees for approval and implementation; and approve overall forest allocation plans of commune-level People's Committees: bl Direct the forest allocation, lease and recovery in association wit h forestland allocation, lease or recovery under the land law and the la w all forest protection and development: cl Decide on the forest allocation or lease in association with forestland allocation or lease and grant certificates according to their competence; dl Direct functional agencies in completing dossiers and decide on the forest allocation or lease for the forestland areas which have been allocated or leased or for which use rights have been recognized; decide on the forestland allocation or lease and grant certificates for the allocatcd or leased forestland areas, S. Commune-level People's Committees shall: al Publicize and provide suffic ient information on the forest and forestland allocation or lease and the rights and obligations of forestland users and forest Owners in localities; bl Review and study the situation of forest and forestland management and use by households. individuals and village communities in localities; coordinate with superior professional agencies in reviewing and studying the situation of forest or forestland management and use by domestic organizations, foreign organizations and individuals and overseas Vietnamese in localities; cl Receive and process certificate application dossiers and forest allocation dossiers under regulations: and organize handover or receipt of forests on the site: d/"l!pd,"te infmma\ion on and databases of forest and forestland dossier management © VIETNAM LAW & LEGAL FORUM 30 OFFICIAL GAZETTE Issue nos 07·08/February 2011 (Gong BaD nos 101-I02IFebruary 22,2011) in localities. 6. Ranger agencies at all levels shall' a/ Advise competent authorities on organizing the forest allocation or lease in association with forestland allocation or lease; bl Carry out the forest allocation or lease in association with forestland allocation or lease; and manage forest allocation or lease dossiers in localities: cl Conduct public information about the forest allocation or lease in association with forestland allocation or lease; dl Coordinate with natural resources and environmental agencies of the same level in providing and exchanging necessary information to serve the forest and forestland allocation or lease: ensure that forest-related information in forest allocation or lease dossiers is consistent with that in cadastral dossiers and certificates: el Inspect and supervise the forest management, protection and use by forest owners after the forest allocation or lease and grant of certificates; fl Establish and update databases and information systems and store databases of forest a~ locution or lease; and summarize and report them under current regulations; gl Conrdinate with natural resources and environmental agencies in assisting People's Committees of the same level to examine, inspect, handle violations and settle disputes over forestland use under law. 7. Natural resources and environmental agencies at all levels shall: al Advise competent authorities on organizing the forestland allocation or lease in association with forest allocation or lease: bl Carry out the forestland allocation or lease in association with forest allocation or lease; and manage cadastral dossiers in localities; cl Conduct public information about the forest allocation or lease in association with forestland allocation or lease; dl Inspect and supervise the foreslland management, protection and usc by forestland users after the forestland allocation or lease and grant of certificates: el Establish and update databases and information systems and store databases of forestland allocation or lease and grant of certificates; and summarize and report them under current regulations; fl Coordinate with ranger agencies of the same level in providing and exchanging information on the forestland allocation or lease in association with forest allocation or lease; ensure that forest-related information in cadastral dossiers and certificates is consistent with that in forest allocation or lease dossiers; gl Coordinate with ranger agencies in assisting People's Committees of the same level to examine, inspect. handle violations and settle disputes over the forest management. protection and use by forest owners under law. Article 13. Effect I. This Circular takes effect on March 25 201 L 7 Any problems arising in tile course of implementation should be promptly reported to © VIETNAM LAW & LEGAL FORUM Issue nosOJ-08/February 2011 (Gong Bao nos 101-102/February 22, 201l) OFFICIAL GAZETTE 31 the Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment for consideration and settlement. For the Minister of Natura! Resources and Environment Deputy Minister NCUYEN MANH HIEN For the Minister of Agriculture and Rural Development Deputy Minister HUADUCNHI © VIETNAM LAW & LEGAL FORUM