Decision No. 34/2011/QD-TTg amending and supplementing a number of articles of the Regulation on forest management promulgated together with the Prime Minister’s Decision No. 186/2006/QD-TTg of 14 August 2006

34 OFFICIAL GAZETTF Issue nos 09-10/June 2011 (Gong BaD nos 395-3961July 6,2011) THE PRIME MINISTER Decision No. 3412011/QD-TTg of June 24, 2011, amending and supplemen ting a number of articles of the Regulation on forest management promulgated together with the Prime Minister's Decision No. 18612006/QD~ TTg of August 14,2006 THE PRIME MlNISTER Pursuant to the December 25.2001 Law OIl Organization of the Government; Pursuant to the December 3, 2004 Law 0/1 Forest Protection and Development; At the proposal ofthe Minister of.Agriculture and Rural Development. DEClDES: Article 1. To amend and supplement a number of articles of the Regulation on forest management promulgated together with the Prime Minister's Decision No. l86/2006/QD @ VIETNAM LAW & LEGAL FORUM Issuenos 09-1 OfJune2011 (Gong Bso nos 397-3981Ju(y 8,2011) OFFICIAL GAZETH: TTg of August 14, 2006, as follows: 1. To amend and supplement Point b, Clause 1, Article 8 as follows: "Article 8. Change of forest use purposes 1.Change of use purposes from One type of forest to another bl The change of use purposes from one type of forest to another complies with Article 28 of the Government's Decree No. 23/2006/ND-CP of March 3, 2006, On the implementation of the Law on Forest Protection and Development. Organizations or individuals wising to change forest use purposes shall submit 1 dossier set to the Ministry of Agriculture and Rural Development, for forest areas established by the Prime Minister, or to People's Committees of provinces and centrally run cities (below referred to as provincial-level People's Corurniuees), fur forest areas established by provincial-level People's Committees. A dossier comprises' an appl icati on for change afforest use purposes, made according to a set form, (not printed herein); a report on forest status; norms and indicators for determining the type of forest to be used for another. In case a dossier is incomplete under regulations, within 3 working days after receiving it, responsible agencies shall notify such to the applying organization Orindividual for dossier supplementation. Within 10 working days after receiving a complete dossier under regulations, the Ministry of Agriculture and Rural Development or provincial-level People's Committees shall notify dossier processing results to the applying organization and individual." 2. To amend and supplement Clause 3, Article 39 as follows: "Article 39. Exploitation of forest products in natural production forests 3. Major exploiiation ofnatural forest timber aJ Conditions: Forest owners being economic organizations have forest regulation 8el,emes (or sustainable forest management scheJl1es) and exploitation designs approved by :~vincial­ level Departments of Agriculture and Rural Development. Forest owners being hoese holds, individuals or village communities have forest exploitation schemes, which must be approved by district-level People's Committeeser district level functional divisions under distrtct-Jcvet People's Committee authorization. bl Competence to permit exploitation: The Prime Minister shan set limits fortotal annual exploitation. The Ministry of Agriculture and Rural Development shall announce the annual exploitation output and guide tocalities in managing specific exploitation outr.uts. Provincial-level People's Committees shall assign exploitation plans to forest owners being organizations and district-level People's Committees under plans assigned to localities by the Ministry of Agriculture and Rural Development- Provincial-level Agriculture and Rural Development Departments shall approve dossiers and grant exploitation permits for forest owners being organizations. District-level People's Committees shall assign plans, approve dossiers and grant exploitation permits for forest owners being C VIETNAM LAW &LEGAL FORUM 36 OFFICIAL GAZETTE Issue nos09·10/June 2011 (Cong Baa nos 39 7-39B/July 8, 2011) househo lds, individuals an d village communities." Article 2. Implementation provisions L This Decision takes effect on August 19, 2011. 2. To annul Point b, Clause I, Article 8; and Clause 3~rticle 39 of the Regulation on forest management promulgated together with the Prime Mf~ster'sDecision No. 186/2006/QD Tfg of~ust 14,2006. 3. Mfujsters, heads of ministerial-level agencicj;:. heads of government-attached agencies~dchairpersons of provincial-level People'$t:ommittees shall implement this Decisiotr:" Prime Minister NGUYEN TAN DUNG © VIETNAM LAW & LEGAL FORUM