Circular 17/2022/TT-BNNPTNT amending Circular 29/2018/TT-BNNPTNT on silvicultural measures

CIRCULAR

Amending and supplementing a number of articles of the Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development, on silvicultural measures

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Pursuant to the Decree No. 15/2017/ND-CP dated February 17, 2017 of the Government 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;

At the proposal of the General Director of the Vietnam Administration of Forestry;

The Minister of Agriculture and Rural Development promulgates the Circular amending and supplementing a number of articles of the Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development, on silvicultural measures.

Article 1. Amending and supplementing a number of articles of the Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development, on silvicultural measures

1. To amend and supplement Clause 7 Article 3 as follows:

“7. Reforestation means a silvicultural measure to re-establish forests that have been clear-cut or damaged by natural disturbances or other causes; plant additional trees in areas where forest criteria are not fully met.”.

2. To amend and supplement Clause 15 Article 3 as follows:

“15. Fast-growing tree species mean any tree species that achieve an average annual diameter growth rate of 02 cm/year or more or an average yield of 15 m³/ha/year or more in a business cycle, within suitable habitat conditions.”.

3. To amend and supplement Clause 16 Article 3 as follows:

“16. Slow-growing tree species mean any tree species that achieve an average annual diameter growth rate of less than 02 cm/year or an average yield of less than 15 m³/ha/year in a business cycle, within suitable habitat conditions.”.

4. To add Clauses 20 and 21 after Clause 19 Article 3 as follows:

“20. Biologically mature forest plantation is a forest in which at least 70% of its forest trees reach the natural maturity age, the average annual growth in the reserve of forest trees gradually approaches zero (less than one thousandth);

21. Main tree species means any tree species planted that is for the purpose of the forest.”.

5. To amend and supplement Point a Clause 1 Article 4 as follows:

“a) Any area that does not meet the criteria for establishing a forest: Forests after over-exploitation; abandoned swidden fields, grasslands, shrubs interspersed with trees, estuarine or coastal alluvial plains with a density of more than 500 trees/ha of regenerated target trees, which reach the height of over 0.5 m; acid sulphate soil areas with a density of more than 1000 trees/ha of regenerated target trees.  Regenerated target trees are relatively evenly distributed over the entire area or form any gaps of under 1000 m².”.

6. To amend and supplement Point a Clause 2 Article 4 as follows:

“a) For the subject matter specified at Point a Clause 1 of this Article, forest owners shall be taken the following measures:

For special-use forests (in strictly protected sub-zones): Protecting existing regenerated target trees, preventing clear-cutting thereof, preventing and fighting forest fires;

For special-use forests (in ecological recovery sub-zones), protection forests and production forests: Protecting existing regenerated target trees, preventing clear-cutting thereof, preventing and fighting forest fires; Clearing vines, shrubs and removing crooked or infected trees, and non-purpose trees; Tending trees that have basal shoots and prune the bad ones, leaving no more than 2 shoots on each base, and cleaning the forest;

For mangrove forests, forests on acid sulphate soil areas: Establishing forest belts suitable to the natural conditions in each area; clearing grass, water hyacinth and other objects that compete with regenerated trees; making a protective fence.”.

7. To amend and supplement Point a Clause 1 Article 5 as follows:

“a) Any area that does not meet the criteria for establishing a forest: Forests after over-exploitation; abandoned swidden fields, grasslands, shrubs interspersed with trees, estuarine or coastal alluvial plains with regenerated target trees reaching the height of over 0.5 m with a density of between 300 trees/ha and less than 500 trees/ha, for protection forests and production forests or with a density of between 100 trees/ha and less than 500 trees/ha, for special-use forests (except for strictly protected sub-zones); acid sulphate soil areas with a density of less than 1000 trees/ha of regenerated target trees. Regenerated target trees are unevenly distributed or form any gaps of between 1000 m² and less than 3000 m².”.

8. To amend and supplement Clause 2 Article 5 as follows:

“a) The subjects specified at Point a Clause 1 of this Article shall comply with Point a Clause 2 Article 4 of this Circular; the subjects specified at Point b Clause 1 of this Article shall comply with Point b Clause 2 Article 4 of this Circular;

b) Species for additional planting mean timber trees, multi-purpose tree species, non-timber forest tree species:

For special-use forests, they are native trees distributed in the ecosystem of such special-use forests;

For protection forests, they are native trees distributed in the area or from any similar ecological zone;

For production forests, they are native trees of economic value which are suitable for the production and business purposes;

c) Seedling standards:

For special-use forests and protection forests: Seedlings of trees to be planted shall be nursed in nursery pots and reach the height of 0.5 m or more and the diameter of the tree stump of 0.5 cm or more or comply with national standards on forest tree seedlings, for species with announced corresponding national standards; for in mangrove forests, forests on acid sulphate soil areas, depending on specific conditions, species to be planted shall be nursed in nursery pots, or their fruits, hypocotyls, bare rooted trees shall be used for additional planting; for trees using their seeds, stem cuttings and root cuttings for additional planting: Apply the technical guidance specified in Article 15 of this Circular;

For production forests: Ensure standards and quality of seedlings in accordance with regulations applicable to each tree species.

d) The density of the additional planting shall be determined on the density of existing regenerated target trees, but the density of additional trees and regenerated target trees must be not more than 800 trees/ha;

dd) Applying strip cropping in any area where regenerated target trees are unevenly distributed; the width of a planting strip shall be between 2 m and 3 m, the width of a retained strip shall be between 6 m and 12 m; or planting into groves in large gaps of between 1000m² and 3000m². Trees shall be planted in pits with the length of 30 cm and the depth of 30 cm or more (hereinafter written as 30 x 30 x 30 cm);

e) Caring for regenerated target trees and additional trees, replacing dead seedlings; weeding and cultivating around the bases of additional trees in a circle with a diameter of 0.6 m or more;

g) The duration of caring does not exceed 06 years.  The trees shall be cared for at least 02 times/year within the first 03 years thereof and at least 01 times each year within the remainder, depending on the state of the vegetation.”.

9. To amend and supplement Clause 1 Article 6 as follows:

“a) Restored or exhausted protection forests with less than 30 m³ of standing trees per hectare, 400 or more timber trees, which reach the forest canopy height, per hectare and 500 or more regenerated target trees, which reach the height of over 01 m, per hectare. Timber trees and regenerated target trees are relatively evenly distributed over the entire area;

Bamboo forests has the cover of over 60% and 200 or more bamboo shrubs per hectare, and the bamboos are relatively evenly distributed over the entire area;

b) Restored or exhausted production forests with less than 30 m³ of standing trees per hectare, meeting the production and business purposes with more than 500 high-quality, high-rise timber trees per hectare, and more than 1000 regenerated target trees, which reach the height of over 01 m, per hectare.  Timber trees and regenerated target trees are relatively evenly distributed over the entire area;

Bamboo forests has the cover of over 70% and 200 or more bamboo shrubs per hectare, and the bamboos are relatively evenly distributed over the entire area”.

10. To amend and supplement Point a Clause 2 Article 6 as follows:

“a) For timber trees in protection forests: Vines shall be cleared; trees affected by pests and diseases, crooked, damaged or truncated shall be cut down; shrubs or floor plants shall be kept; healthy growing trees are kept, ensuring a minimum canopy coverage of 0.6;

The trees should be cut down from 01 time to 03 times with the interval of between 03 and 10 years.”.

11. To amend and supplement Clause 1 Article 7 as follows:

“a) Restored or exhausted protection forests and special-use forests (except for strictly protected sub-zones) with less than 30 m³ of standing trees per hectare, less than 400 timber trees, which reach the forest canopy height, per hectare and 500 regenerated target trees or more, which reach the height of over 01 m, per hectare or 400 timber trees or more, which reach the forest canopy height, per hectare and less than 500 regenerated target trees, which reach the height of over 01 m, per hectare. Timber trees and regenerated target trees are unevenly distributed over the entire area;

Bamboo forests has the cover of over 60% and less than 200 bamboo shrubs per hectare, and the bamboos are unevenly distributed over the entire area;

b) Restored natural production forests or exhausted production forests with less than 30 m³ of standing trees per hectare, meeting the production and business purposes with less than 500 high-quality, high-rise timber trees per hectare, and more than 1000 regenerated target trees, which reach the height of over 01 m, per hectare; or more than 500 high-quality, high-rise timber trees per hectare, and less than 1000 regenerated target trees, which reach the height of over 01 m, per hectare. Timber trees and regenerated target trees are unevenly distributed over the entire area;

Bamboo forests has the cover of over 70% and less than 200 bamboo shrubs per hectare, and the bamboos are unevenly distributed over the entire area.”.

12. To amend and supplement Point c Clause 2 Article 7 as follows:

“c) Create strips for tree planting (strips to be cut down): in gaps of less than 1000 m² or where forest trees are unevenly distributed;

For terrestrial forests: Strips shall be arranged along contour lines in any slope of more than 25 degrees and shall run east-west in any slope of less than 25 degrees. For coastal mangrove forests: Strips shall be arranged along the coastline;

Depending on the shade tolerance and the height of the trees in each retained strip to determine a reasonable width of the planting strip, which should be maximum 2/3 of the canopy height of the retained strips; Clearing plants on the strips to be cut down, but keeping target trees.”.

13. To amend and supplement Point h Clause 2 Article 7 as follows:

“h) Caring for the forests: In the first 3 years after the trees are planted, at least twice a year.  Work content: replacing dead trees, clearing vines and invasive weeds on the planting strips, cultivating the soil around the bases of trees in a circle with a diameter of 0.6 m or more; regulating water in mangrove forests, forests on acid sulphate soil areas;

From the fourth year onwards until every tree reaches a height of 05 m or more for fast-growing trees, or a height of 02 m or more for slow-growing tree species, they should be cared for at least once a year but during no more than 6 years (72 months). Work content: Pruning shoots, removing invasive regenerative trees on planting strips and removing vines and non-purpose trees on the retained strips; regulating water in mangrove forests, forests on acid sulphate soil areas.”.

14. To add Point d after Point c Clause 3 Article 7 as follows:

“d) Treat the vegetation in accordance with site conditions and ecological characteristics of each species.”.

15. To add Point e after Point dd Clause 1 Article 8 as follows:

“e) Broadleaf deciduous forests (dipterocarp forests) that are incapable of being restored into forests of economic value, and have the following metrics: The broken canopy structure and the canopy coverage of less than 0.3 in the middle of the rainy season; less than 50 good-quality target timber trees per hectare; less than 30 m³ of trees, of which the stem diameter measured at 1.3 m stem height is 06 cm or more, per hectare; less than 700 good-quality regenerated target trees reaching the height of more than 01 m per hectare. Timber trees and regenerated target trees are unevenly distributed over the entire area.”.

16. To amend and supplement Point d Clause 2 Article 9 as follows:

“d) Seedling standards:

Main tree species to be planted must be grown from seeds in nursery pots; seedlings of species on the List of major forest tree species must meet national standards on seedlings;

For trees for mangrove forests, forests on acid sulphate soil areas: Depending on specific conditions, trees grown in nursery pots, their fruits, hypocotyls, bare rooted trees can be used for afforestation;

For trees using their seeds, stem cuttings and root cuttings for afforestation: Apply the technical guidance specified in Article 15 of this Circular.”.

17. To amend and supplement Point a Clause 2 Article 10 as follows:

“a) Selecting species:

For the subject matter specified at Point a Clause 1 of this Article, selecting tree species suitable to the habitat conditions:  giving priority to native trees or imported species that have been planted for many years, grown and developed in accordance with the local ecosystem; trees with dense, evergreen foliage, developed root system, and long life span; selecting auxiliary tree species that can be intercropped with the main tree species without adversely affecting them, including fast-growing species that can improve the land or food crops, multi-purpose tree species, medicinal plants, non-timber forest plants;

For the subject matter specified at Point b Clause 1 of this Article, tree species with deep and firm roots shall be selected with the priority given to native species which can grow in harsh habitat conditions and are well resistant to wind, storms, or pests;

For the subject matter specified at Point c Clause 1 of this Article, species adaptable to saltwater and brackish water environments shall be selected; the priority shall be given to native species or imported species whose forests have been successfully planted on estuarine and coastal alluvial plains and other harsh habitat conditions.”.

18. To amend and supplement Point b Clause 2 Article 10 as follows:

“b) For the subject matter specified at Points a and b Clause 1 of this Article, the vegetation shall be cleared by strips or groves. The vegetation shall be gathered along the contour lines where the land slopes; Vegetation in any slope of less than 25 degrees may be clear-cut, but a belt of greenery must be left at the top of slope, along streams, banks of rivers or lakes. When clearing the vegetation, all existing timber trees and regenerated target trees must be kept and burning is not permitted; in any slope of more than 25 degrees, only digging local planting holes alternately according to the shape of crocodile fangs along the contour lines or perpendicularly to the main wind direction with the size of 30 x 30 x 30 cm or more, then filling the holes and applying basal fertilizers.”.

19. To replace the phrase “400 trees/ha” with the phrase “600 trees/ha” at Point dd Clause 2 Article 10.

20. To repeal the phrase “in places with special habitat conditions” at Point c Clause 2 Article 11.

21. To amend and supplement Point c Clause 1 Article 12 as follows:

“c) Any area of protection forests after the harvest of intercropped species and fast-growing trees for land improvement.”.

22. To add Point d after Point c Clause 1 Article 12 as follows:

“d) Any area of windbreak and sandbreaking protection forest plantations; wave break and sea encroachment protection forests that have not fully met the criteria for forests; production forest plantations re-classified into protection forests or special-use forests; protection forest plantations at the biological maturation age with the main tree density of less than 600 trees/ha. The canopy coverage is less than 0.3.”.

23. To add Point c after Point b Clause 2 Article 12 as follows:

“c) Any area of windbreak and sandbreaking protection forest plantations; wave break and sea encroachment protection forests that have not fully met the criteria for forests; production forest plantations re-classified into protection forests or special-use forests; forest plantations at the biological maturation age: Carrying out the additional planting, depending on the existing density, to ensure the density of the main trees or the required density of the forests. The technique of strip cropping or planting of scattered trees shall comply with Points b, c, d, dd, g and h Clause 2 Article 7; the planting into groves shall comply with Clause 3 Article 7 of this Circular.”.

24. To amend and supplement Clause 1 Article 13 as follows:

“a) The caring shall be provided for fast-growing trees up to 3 years old (36 months);

b) The caring shall be provided for slow-growing trees and coastal forest plantations up to 5 years old (60 months).”.

25. To amend and supplement Point d Clause 2 Article 13 as follows:

“d) Replacing dead trees: Within 01 first year after planting, for fast-growing tree species, in case the survival rate is less than 85% compared to the initial planting density, replacement trees shall be planted. For slow-growing trees and coastal forests: Within the 03 first years after planting, if the survival rate of trees is below the one specified in the regulations on acceptance or the density of a forest under the related Vietnamese standards, replacement trees must be planted. The additional number of replacement trees shall be planted based on the existing density of trees, ensuring the criteria for forests according to regulations. The age of replacement trees corresponds to the year of afforestation.”.

26. To amend and supplement Clause 1 Article 14 as follows:

“a) Any production forest plantation in the period from young, closed canopy forest to between 02 years and 04 years for fast-growing tree species, and between 06 years and 10 years for slow-growing tree species, prior to the period of clear-cutting;

b) Any production forest plantation of fast-growing, pure-species, evenly-aged trees in good habitats conditions with a soil layer thickness of more than 50 cm, in an area where there are few storms or tornadoes; the planting density of over 1000 trees/ha in order to be transformed from a small-timber forest plantation to a large-timber forest plantation;

c) Any protection forest plantation with closed canopy and the canopy coverage of more than 0.6, and the main tree species density of more than 600 trees/ha (for watershed protection forests) or of more than 1500 trees/ha (for coastal forests). Main tree species are evenly distributed over the entire area;

d) Protection and production forest plantations with native trees that have become forests after the basic construction stage until the canopy closes.”.

27. To amend and supplement Point b Clause 2 Article 14 as follows:

“b) For production forests: Thinning trees that are crooked, diseased, pinched, truncated and do not meet business purposes and trees that grow normally but whose density is too thick; keeping healthy trees with well-proportioned foliage, straight and round stems; The thinning intensity has 04 different levels: low level: the distance between detained trees is less than 1/3 of its crown diameter at the clear-cutting age; medium level: the distance between detained trees is between 1/3 and less than 1/2 of its crown diameter at the clear-cutting age; high level: the distance between detained trees is between 1/2 and nearly its crown diameter at the clear-cutting age; particularly high level: the distance between detained trees is equal to or more than its crown diameter at the clear-cutting age;

For protection forests: Thinning auxiliary trees or main trees whose density is too thick; thinning trees that are crooked, diseased, pinched, truncated, with poor growth; the thinning intensity for each time does not exceed 20% of the total stock; keeping main trees with medium or higher growth quality, well-proportioned foliage, straight and round stems that evenly distributed over the entire area;

The forests should be thinned from 01 to 03 times; the interval is from 2 to 6 years depending on planted tree species, habitat conditions, age of planted trees as well as thinning intensity; the forests shall be thinned again when their canopies are closed after the previous thinning;

Thinning time: in the dry season or the months with little rain (before or after the growing season).”.

28. To amend and supplement Point e Clause 2 Article 14 as follows:

“e) The density of retained trees at the time of clear-cutting for production forests is between 400 trees/ha and 800 trees/ha for forest plantations of fast-growing tree species with a large-timber business cycle of between 8 and 15 years; or between 300 trees/ha and 700 trees/ha for forest plantations of slow-growing tree species with a large-timber business cycle of more than 15 years;

The density of retained trees for watershed protection forests is at least 600 main trees/ha and at least 1500 trees/ha for mangrove forests, forests on acid sulphate soil areas. Main trees are evenly distributed over the forest plot.”.

29. To add Point i after Point h Clause 2 Article 14 as follows:

“i) For protection and production forest plantations with native trees that have become forests after the basic construction stage until the canopy closes, applying once a year the technical measures specified at Point a Clause 2 Article 14 of this Circular.”.

30. To add Point d after Point c Clause 2 Article 15 as follows:

“d) Advise the provincial-level People’s Committees to promulgate fast-growing and slow-growing tree species; target trees and non-purpose trees for protection forests and production forests in their provinces.”.

Article 2. Implementation provisions

1. This Circular takes effect on December 12, 2022.

2. Programs and projects applying silvicultural measures that have been approved before the effective date of this Circular shall comply with the Circular No. 29/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development, on silvicultural measures.

Any difficulty arising in the course of implementation of this Circular should be promptly reported to the Ministry of Agriculture and Rural Development for guidance and study for amendment and supplementation./.