Tue, Jul 29, 2025, 14:41:00
According to the provisions of Point a, Clause 1, Article 7 of the 2017 Forestry Law, the above property is a property owned by the entire people, with the State as the representative owner.
Mr. Nguyen Trung Kien (Tuyen Quang) asked, which documents regulate the handling of the above Nghien wood? What are the procedures and order for handling?
The Ministry of Agriculture and Environment responded to this issue as follows:
According to the provisions of the law on forestry, the exploitation of natural forest timber is a production forest that is broken or fallen due to natural disasters and is subject to the exploitation of natural forest timber. The exploitation conditions are implemented according to the provisions of Clause 3, Article 28 of Decree No. 156/2018/ND-CP dated November 16, 2018 of the Government detailing the implementation of a number of articles of the Forestry Law, amended and supplemented by Decree No. 91/2024/ND-CP dated July 18, 2024 of the Government.
Nghien tree (scientific name Excentrodendron tonkinense) is on the List of endangered, precious and rare species, group IIA, issued together with Decree No. 06/2019/ND-CP dated January 22, 2019 of the Government on the management of endangered, precious and rare forest plants and animals and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; amended and supplemented by Decree No. 84/2021/ND-CP dated September 22, 2021 of the Government.
According to Clause 6, Article 28 of Decree No. 156/2018/ND-CP dated November 16, 2018 of the Government detailing the implementation of a number of articles of the Forestry Law: "Exploitation of endangered, precious and rare species must comply with the Government's regulations on management of endangered, precious and rare forest plants and animals and implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora".
In Clause 2, Article 12 of Decree No. 06/2019/ND-CP dated January 22, 2019 of the Government on the management of endangered, precious and rare forest plants and animals and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the exploitation from nature is regulated as follows:
"a) Serving scientific research projects and topics;
b) Creating original seed sources for breeding and artificial planting;
c) Serving foreign affairs according to the Prime Minister's decision;
d) Serving sustainable trade according to the provisions of law".
Thus, Nghien wood in natural forests, production forest functions that are broken or fallen are not subject to exploitation in Article 12 of Decree No. 06/2019/ND-CP.
