Tình trạng: Hết hiệu lực
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THE
PRIME MINISTER OF GOVERNMENT -
Số:
186/2006/QD-TTg
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
Ha
Noi, date 14 month 08 year 2006
|
|
DECISION
Promulgating the regulation on forest management
THE PRIME MINISTER
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the 2004 Law on Forest Protection and Development;
Pursuant to the Government's
Decree No. 23/2006/ND-CP of March 3, 2006, on the implementation of the Law on Forest Protection and Development;
Pursuant to the Government's
Decree No. 32/2006/ND-CP of March 30, 2006, on management of endangered,
precious and rare forest plants and animals;
At the proposal of the
Minister of Agriculture and Rural Development,
DECIDES:
Article
1.- To
promulgate together with this Decision the Regulation on forest management.
Article
2.- This
Decision shall take effect 15 days after its publication in "CONG
BAO."
To annul the Prime Minister's
Decision No. 08/2001/QD-TTg of January 11, 2001, promulgating the Regulation
on management of special-use forests, protection forests and natural
production forests.
Article
3.- Ministers,
heads of ministerial-level agencies, heads of government-attached agencies
and presidents of provincial/municipal People's Committees shall have to
implement this Decision.
Prime Minister
REGULATION
ON FOREST MANAGEMENT
(Promulgated together with the Prime Minister's Decision No.
186/2006/QD-TTg of August 14, 2006)
Chapter I
GENERAL PROVISIONS
Article
1.- Governing
scope
This Regulation provides for the
organization of management, protection, development and use of special-use
forests, protection forests and production forests, including land areas with
or without forests, which have been assigned, leased or planned by the State
for forestry.
Article 2.- Subjects of application
This Regulation applies to state
agencies, organizations, population communities in rural or mountain hamlets
and villages or equivalent units (hereinafter called village population
communities), domestic households and individuals; overseas Vietnamese,
foreign organizations and individuals involved in the organization of
management, protection, development and use of forests in Vietnam.
Article 3.- Interpretation of terms
In this Regulation, the following
terms are construed as follows:
1. Regeneration of natural forests
means the re-plantation of poor natural forests of low productivity or
quality so as to replace them with planted forests of higher productivity,
quality, economic efficiency and environmental protection capacity.
2. Subsidiary plants mean plants
grown together with major ones, which, within a certain period, will help
boost the latter's growth and development.
3. Intercropped plants mean plants
grown in combination with major ones, aiming to make full use of land and the
nutritious space so as to increase outputs on forest areas without adversely
affecting the growth and development of major plants.
4. Non-purpose plants mean plants
which fail to meet business purposes of production forests or environmental
protection purposes of protection forests.
5. Full exploitation of timber
means the logging of standing timber trees other than principal exploitation
objects.
6. Extraction of timber means the
gathering of lying timber trees, dead wood, heartwood, burnt wood, branches,
tops, foots and roots of trees of all sizes and kinds.
7. Poor natural forests mean
natural forests with very low reserves, poor quality, low growth capacity and
productivity, which, if restored naturally, will not meet economic and
protection requirements.
Article 4.- Principles for forest management organization
1. Special-use forests, protection
forests and production forests shall be managed, protected, developed and used
in a sustainable manner, in line with the forest protection and development
plannings and plans.
2. Special-use forests, protection
forests and production forests shall have owners to manage, protect and use
them.
3. The management of forests shall
comply with the major use purposes of each kind of forest; and concurrently
ensure the rational use of comprehensive values of forests, contributing to
socio-economic development, environmental protection, biodiversity protection
as well as defense and security maintenance.
4. The determination of management
objectives and methods must be compatible with particularities of forest
ecosystems in order to ensure the sustainable development of forests and
forest ecosystems.
5. Every forest owner may be
assigned or leased forests of different kinds provided that such owner
manages forests of each kind strictly according to the regulation applicable
to that kind.
Article 5.- Organization of forest management
The organization of forest
management shall comply with the following provisions:
1. For forests which have been
assigned or leased, the provisions of Articles 15, 16, 26, 27 and 36 of this
Regulation must be complied with.
2. For forests which have not yet
been assigned or leased, the People's Committees of communes, wards or
townships (hereinafter called commune-level People's Committees) shall have
to organize the management thereof.
Article 6.- Degrees of importance for protection of forests and forestry land
1. Forests and land areas without
forests already planned for forestry shall be graded by three degrees of
importance for protection: very important, important and less important. Such
gradation is aimed to determine kinds of forest and propose measures to exert
impacts on forests of each kind.
2. The determination of the three
kinds of forests being special-use forests protection forests and production
forests shall be based on the criteria set for each kind of forest and comply
with the regulations on the degrees of importance for protection of forests
and forestry land.
3. The Ministry of Agriculture and
Rural Development shall provide guidance on criteria for determination of
degrees of importance for protection of forests and forestry land.
Article 7.- Delimitation of forest boundaries
1. Forest and forestry land shall
be divided into management units: sub-zones, plots and lots according to the
provisions of Article 42 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 (hereinafter called Decree No. 23/2006/ND-CP for short).
2. The Ministry of Agriculture and
Rural Development shall guide in detail the division and delimitation of
management units in service of the organization of forest management.
Article 8.- Change of forest use purposes
1. Change of use purposes between
three kinds of forest
a/ The change of use purposes
between three kinds of forest (special-use, protection and production
forests) shall comply with the provisions of land law, ensuring that such
forests satisfy the criteria and indexes specified in Articles 13, 25 and 34
of this Regulation.
b/ The order of, and procedures
for, the change of use purposes between three kinds of forest shall comply
with the provisions of Article 28 of Decree No. 23/2006/ND-CP.
2. The change of forest use
purposes into non-forestry purposes must be compatible with the approved
socio-economic plannings and plans, be permitted by competent state agencies
and comply with the provisions of Article 29 of Decree No. 23/2006/ND-CP.
Article 9.- Forest protection and development plannings and plans; statistics, inventory and monitoring of changes in forest resources, compilation of forest management dossiers
1. The compilation and management
of forest protection and development plannings and plans shall comply with
the provisions of Articles 10, 11, 12, 13, 14 and 18 of Decree No.
23/2006/ND-CP.
2. The compilation of forest
management dossiers, the statistics, inventory and monitoring of changes in
forest resources shall comply with the provisions of Articles 38, 39, 40 and
41 of Decree No. 23/2006/ND-CP.
Article 10.- Regeneration of natural forests
1. Forests to be regenerated
include:
a/ Poor natural production forests
which have been assigned or leased by the State, have no purpose trees or
have purpose trees but the number of such trees fails to meet the forest
business requirements.
b/ Poor natural protection forests
which have been assigned or leased by the State, have no purpose trees or
have purpose trees but the number of trees fails to meet the forest
protection requirements.
c/ Poor natural special-use
forests, which are allowed for regeneration in the following cases:
- Forests for scientific research
or experimentation, which are unsuitable with or fail to meet the scientific
research or experimentation requirements; landscape protection zones which
are unsuitable with or fail to meet the landscape protection requirements.
- Forests in the
service-administrative sub-zones of national parks and nature conservation
zones.
2. Competence to permit the
regeneration of natural forests
a/ The Ministry of Agriculture and
Rural Development shall permit the forest regeneration by forest owners being
organizations under its management.
b/ Provincial-level People's
Committees shall permit the regeneration of forests by forest owners being
provincially-run organizations and forests managed by other ministries or
branches whose forest areas and forestry land lie within the provincial
territory.
c/ People's Committees of rural
districts, urban districts, towns or provincial cities (hereinafter called
district-level People's Committees) shall permit the forest regeneration by
forest owners being households, individuals or village population
communities.
3. The regeneration of natural
forests must be conducted under projects, for subjects defined at Points a
and b, Clause 2 of this Article, and under plans, for subjects defined at
Point c, Clause 2 of this Article, be accompanied with detailed technical
designs and approved by competent authorities.
4. The order of, and procedures
for, regeneration of forests: The Ministry of Agriculture and Rural
Development shall guide criteria on poor forests and kinds of poor forests to
be regenerated; guide forest regeneration methods, order and procedures.
Article 11.- Liquidation of planted forests invested with state budget capital
1. Planted forests invested with
state budget capital but unable to develop into forests and those which
cannot develop into forests due to force majeure circumstances or other causes,
which are testified by written records made at the time such circumstances
occur, shall be liquidated for re-forestation.
2. The liquidation of planted
forests shall comply with the Government's regulations on management of state
property.
3. Competence to permit the
liquidation of planted forests: Agencies competent to permit the liquidation
of planted forests are the agencies competent to decide on investment in the
plantation of those forests.
4. The Ministry of Agriculture and
Rural Development shall guide in detail criteria on planted forests, which
cannot develop into forests.
5. The Ministry of Finance shall
assume the prime responsibility for, and coordinate with the Ministry of
Agriculture and Rural Development in, specifying kinds of planted forest for
liquidation as well as the forest liquidation order and procedures and
proceeds from such liquidation.
Article 12.- Hunting, trapping and catching of forest animals
1. All acts of hunting, trapping
or catching wild animals in special-use forests being national parks or
nature conservation zones are prohibited; where those acts are necessary,
they must comply with the Government's Decree No. 32/2006/ND-CP of March 30,
2006, on management of endangered, precious and rare forest plants and
animals.
2. For protection and production
forests
All acts of hunting, trapping or
catching forest animals on the list of endangered, precious and rare forest
animals provided for in the Government's Decree No. 32/2006/ND-CP of March
30, 2006, or useful animals being natural enemies of pests, birds or rats
harmful to crops are prohibited; where those acts are necessary, they must
comply with the provisions of the Government's Decree No. 32/2006/ND-CP of
March 30, 2006.
Chapter II
MANAGEMENT OF SPECIAL-USE FORESTS
Section 1. ORGANIZATION OF MANAGEMENT OF SPECIAL-USE FORESTS
Article
13.- Classification
of special-use forests
Based on their nature, management
and use purposes, special-use forests are classified into the following
kinds:
1. National parks
a/ A national park means a natural
area on mainland or in a submerged land area or island, which is large enough
for its establishment to conserve one or more typical or representative
ecosystems which cannot be affected or can only be slightly affected by
outside elements; and to conserve the endangered or particular species of
organisms.
b/ National parks shall be managed
and used mainly for the conservation of forests and forest ecosystems, for
scientific research, environmental education and eco-tourism.
c/ A national park shall be
established on the basis of criteria and indexes on typical ecosystems;
particular flora and fauna species; on natural land area of the park and the
proportion of agricultural and residential land area against the natural area
of the park.
2. Nature conservation zones,
including nature reserves and species-habitat conservation zones
a/ Nature reserves mean areas
where exist natural forests and ecosystems on mainland or in submerged land
or island areas, which are established for sustainable preservation of
ecosystems not yet been changed or having changed a little; and where exist
endangered or particular, precious or rare species of organisms.
Species-habitat conservation zones
mean areas where exist natural forests and ecosystems on mainland or
submerged land areas, which are established for preservation of species or
habitats, aimed at maintaining such habitants and long existence of
endangered or particular, precious and rare species of organisms.
b/ Nature conservation zones shall
be managed and used mainly for the protection of ecosystems and organism
species subject to preservation; for scientific research, environmental
monitoring, education and raising of public awareness about environment and
eco-tourism.
c/ Nature conservation zones shall
be established on the basis of criteria and indexes on particular, precious,
rare and endangered plant and animal species as well as the natural habitat
and living environment of such species; on natural land area of the zones and
the proportion of agricultural and residential land against natural land of
the zones.
3. Landscape protection zones
a/ Landscape protection zones mean
areas with forests and natural habitats on mainland or in submerged land or
island areas, which are formulated from interaction between human and nature,
thus making such forests and habitats more and more valuable in terms of
aesthetics, ecology, culture and history.
b/ Landscape protection zones
shall be established to protect, maintain and develop traditional relations
between nature and human in service of belief, recreational, entertainment,
sightseeing, study and eco-tourist activities.
c/ Landscape protection zones
shall be established on the basis of criteria and indexes on history,
traditional culture and habitat; on natural area of the zones and proportion
of agricultural and residential land area against natural area of the zones.
4. Forests for scientific research
or experimentation
a/ Forests for scientific research
or experimentation mean forests and forestland established in service of
scientific research or experimentation, forestry training and vocational training.
b/ Forests for scientific research
or experimentation shall be established on the basis of requirements of
scientific research and technology development institutions or forestry
training and vocational training establishments according to their functions
and tasks approved by state agencies which have established them.
5. The Ministry of Fisheries shall
assume the prime responsibility for, and coordinate with the Ministry of
Agriculture and Rural Development and the Ministry of Natural Resources and
Environment in, guiding the management of the integral parts of marine
creature conservation and submerged land resource in special-use forests.
Article 14.- Functional zones in national parks and nature conservation zones
1. A national park or nature conservation
zone shall be divided into the following functional sub-zones:
a/ Strictly-protected sub-zones:
- They are the zones large enough
for intact protection of natural ecosystems such as the national standard
ecological samples, which shall be strictly protected and protected to
oversee the natural developments of forests and ecosystems.
- With regard to special-use
forests in submerged land areas, the scope and size of strictly-protected
sub-zones shall be determined according to the conservation objectives,
subjects and criteria and hydrological conditions.
b/ Ecological restoration
sub-zones
They are the strictly-managed and
-protected zones for restoration of forest ecosystems through the performance
of some necessary bio-forestrial activities.
c/ Service-administrative
sub-zones mean the areas for construction of working offices and facilities
for routine activities of management boards, research and experimentation
institutions, and for tourist, recreational and entertainment activities.
2. The functional sub-zones in
national parks or nature conservation zones shall have their boundaries
adjusted on the basis of the forests' characteristics, actual developments as
well as management and use purposes; the adjustment of boundaries of the
sub-zones shall be conducted after every planning period or after the review
of forest acreage of each kind at the Prime Minister's request.
Article 15.- Decentralization of the management of special-use forests
1. The Ministry of Agriculture and
Rural Development shall organize the management of national parks with
special positions for nature conservation (which are typically characterized
by high biodiversity, representing areas and regions in terms of habitats and
gene sources); national parks and nature conservation zones lying in the
inter-provincial areas.
2. Provincial-level People's
Committees shall organize the management of national parks and nature
conservation zones lying within a province and landscape protection zones.
3. Organizations and village
population communities, which are assigned special-use forests by the State
without the establishment of forest management boards by ministries or
provincial-level People's Committees, shall be responsible for organizing the
management of the assigned forests.
4. The Ministry of Agriculture and
Rural Development and the provincial-level People's Committees shall define
the functions, tasks and powers of forest management boards according to
their respective functions and the provisions of law.
Article 16.- Organizational apparatus of special-use forest management boards
1. For special-use forests
established by the Ministry of Agriculture and Rural Development or
provincial-level People's Committees, the organizational apparatus of forest
management boards shall be decided by the agencies setting up those boards.
The Ministry of Agriculture and Rural Development shall uniformly specify the
organizational structure of special-use forest management boards nationwide.
2. Payrolls of forest management
boards
a/ The initial payrolls of
special-use forest management boards shall each comprise a minimum staff
suitable with their organizational structure defined by the Ministry of
Agriculture and Rural Development. In the course of operation, based on the
management requirements and the State's regulations, special-use forest
management boards may adjust their payrolls according to their competence or
elaborate annual payroll plans to be submitted to competent state agencies
for decision.
b/ Forest protection-specialized
forces of forest management boards shall operate in compliance with the
provisions of Point a, Clause 4, Article 18 of this Regulation.
3. Management boards of
special-use forests which have capability and conditions for development of
eco-tourist activities may each set up a dependent section to perform this
task, which shall initially operate as a revenue-generating non-business
unit, entitled to borrow capital for tourist development investment under
investment projects approved by competent authorities. The authority managing
the special-use forests shall decide on the establishment of this section
under the State's regulations.
4. The Ministry of Agriculture and
Rural Development shall specify criteria for directors and deputy directors
of special-use forests in suitability with each kind of special-use forest,
which shall serve as a basis for appointment, training and planning of
personnel, aimed at raising the efficiency of the management of special-use
forests.
Section 2. PROTECTION, DEVELOPMENT AND USE OF SPECIAL-USE FORESTS
Article
17.- Investment
and fund for maintaining the protection and development of special-use
forests
The investment in protection and
development of special-use forests shall comply with the Government's
regulations on investment and construction management and the following
provisions:
1. The determination of investment
objectives and contents must be compatible with particularities of each kind
of special-use forest as specified in Clause 1, Article 13 of this Decision.
With regard to special-use forests
in submerged land areas being typical eco-systems, the determination of
investment objectives and contents for submerged land areas shall comply with
the provisions of the Government's Decree No. 109/2003/ND-CP of September 23,
2003 on preservation and sustainable development of submerged land.
2. Major investment contents for
special-use forests shall cover:
a/ Regular expenditures, which
mean expenditures on salaries, assurance of operations of the forest
management and protection apparatus; on monitoring and supervision of
ecosystems and biodiversity; scientific research and experimentation; human
resource training; and community education about the protection of
special-use forests and nature conservation.
b/ Investment expenditures, which
mean expenditures on infrastructure construction, creation of forest capital
and enrichment of forests, regeneration of forests and equipment for
scientific research, experimentation and management.
3. State budget investment for
items specified in Clause 2 of this Article
a/ The central budget investment
in special-use forests shall be managed by the Ministry of Agriculture and
Rural Development; the targeted central budget supports for provincial budgets
for investment in special-use forest protection and development shall be
locally managed.
b/ The local budget investment in
special-use forests shall be managed by the provincial-level People's
Committees.
4. The State shall provide
investment supports for protection and development of forests for scientific
research or experimentation and landscape protection zones, for which
management boards are not set up by ministries or provincial-level People's
Committees (these forests are established after the model of centers).
5. Special-use forest owners and
management boards may use revenues from service activities and financial
supports provided by organizations, individuals or projects for investment in
protection and development of forests assigned by the State after fulfilling
financial obligations and other obligations under the provisions of law.
6. For items of investment in
special-use forests from different capital sources, the authorities managing
special-use forests shall integrate such capital sources and, on the basis of
the State's regulations on management of capital sources, guide special-use
forest management boards to formulate investment projects and submit them to
competent authorities for approval according to the State's regulations.
Special-use forest management
boards shall draw up 10-year investment planning reports and submit them to
competent authorities for approval according to regulations, and at the same
time, based on the approved investment planning reports, formulate investment
projects, and submit them to competent authorities for approval and execution
according to regulations.
7. The State encourages
organizations and individuals to invest in protection and development of
special-use forests.
Article 18.- Protection of special-use forests
The protection of special-use
forests shall comply with the provisions of Decree No. 23/2006/ND-CP and the
following provisions:
1. In strictly-protected sub-zones
of national parks and nature conservation zones, the following activities are
strictly prohibited:
a/ Activities which change the
natural landscapes of forests, except those conducted according to the
provisions of Point b, Clause 2, Article 22 of this Regulation.
b/ Activities which affect the
natural life of the wildlife or species under conservation.
c/ Releasing and raising or
planting animal or plant species introduced from other places, which had
earlier not existed in special-use forests. In special cases, such must be
decided by the Minister of Agriculture and Rural Development or reported to
the Prime Minister for decision.
d/ Exploiting organism resources
and other natural resources.
e/ Causing environmental
pollution.
f/ Bringing toxic chemicals,
explosives or inflammables into forests, set fire in forests or at forest
edges.
g/ Grazing cattle or poultry.
2. In ecological restoration
sub-zones of national parks and nature conservation zones, activities defined
in Clause 1 of this Article are strictly prohibited.
3. Protection of forest fauna in
special-use forests
a/ All animal species in
special-use forests must be protected; the hunting, catching and trapping of
forest animals shall comply with the provisions of Article 12 of this
Regulation.
b/ To protect the living
environment and feed sources of forest animals and when necessary, to create
more feed and water sources for them.
c/ The release of forest animals
into special-use forests shall comply with the following provisions:
To release only those species
which need the addition to meet the conservation demand; animals released
into forests must be healthy and disease-free indigenous ones; the number of
animals of each species released into forests must be suitable with their
living environment and feed sources, and ensure the forests' ecological
balance as well.
The Ministry of Agriculture and
Rural Development shall guide the release of wild animals into forests.
d/ With regard to special-use
forests in submerged land areas or areas with integral parts being submerged
land, the special-use forest management boards shall have to elaborate
regulations on management and monitoring of the submergence in line with the
ecological characteristics of forest fauna and flora, adopt separate fire
prevention and fighting plans for cajeput forests, on submerged alum land and
peat land, formulate investment projects for management of exotic plants
which may cause harms to or penetrate into special-use forests through
dissemination in water.
The Ministry of Agriculture and
Rural Development shall coordinate with the Ministry of Fisheries in guiding
the management of aquatic resources in special-use forests.
4. Protection of special-use
forests
a/ Forest owners may organize
forest protection forces as follows:
- Organizing forest
protection-specialized forces, each person of which shall be arranged to
protect 500 ha of forest on average.
- The management boards may use
salary funds of forest protection- specialized forces or forest protection
remuneration set by the State in approved projects for package contracting of
forest protection to households, individuals and village population
communities.
- Hiring professional protection
forces to protect forests.
Forest owners shall define
functions, powers and tasks of the above-mentioned forest protection forces
according to their powers and the provisions of law.
b/ Forest ranger forces shall be
organized for national parks and nature conservation zones as follows:
- A national park must have a land
area of 7,000 ha or more; a nature conservation zone must have a land area of
15,000 ha or more and is exposed to the high risk of encroachment.
- The Ministry of Agriculture and
Rural Development shall organize ranger forces to protect national parks and
nature conservation zones under its management.
- Provincial-level People's
Committees shall organize ranger forces to protect national parks and nature
conservation zones under the provincial management.
Article
19.- Planting,
restoration and regeneration of special-use forests
1. For national parks and nature
conservation zones
a/ In strictly-protected
sub-zones, it is allowed to maintain the natural development of forests, not
to plant forests or exert other bio-forestrial technical impacts.
b/ In ecological restoration
sub-zones, it is required to respect the natural development of forests; to
restore forest ecosystems mainly through zoning off forests for tending,
natural regeneration and enrichment; where it is necessary to plant forests,
priority shall be given to the planting of indigenous plants of such forests.
c/ In service-administrative
sub-zones, it is allowed to plant or regenerate forests and carry out
bio-forestrial methods in order to raise the quality of forests.
2. With regard to landscape
protection zones, forests for scientific research or experimentation, it is
allowed to plant and regenerate forests and apply other bio-forestrial
methods in order to raise the aesthetic values of forests in service of
scientific research.
Article 20.- Rational use of natural resources in special-use forests
1. Special-use forests where impacts
or adjustments are allowed:
a/ For national parks and nature
conservation zones:
- In ecological restoration
sub-zones, it is allowed to use comprehensively bio-forestrial techniques to
adjust the density and structure, raise the quality and speed up the process
of restoration of forests and ecosystems.
- With regard to special-use forests
in submerged land areas, it is allowed to rationally use natural resources of
submerged land, except for particular, precious and rare species on the Lists
of endangered, precious and rare forest plant and animal species specified in
the Government's Decree No. 32/2006/ND-CP of March 30, 2006, provided that it
shall not adversely affect the functions and values of submerged land.
- In service-administrative
sub-zones, it is allowed to extract and make full use of dead and fallen
timber trees as well as trees in the areas subject to ground clearance for
construction of works under plannings; to exploit forest products other than
timber, except for endangered, precious and rare plant and animal species
defined in the Government's Decree No. 32/2006/ND-CP of March 30, 2006.
- Where it is necessary to exploit
gene sources in service of forest research and development, the provisions of
Clause 2, Article 21 of this Regulation must be complied with.
b/ With regard to landscape
protection forests, it is allowed to exert impacts, make adjustments or log
trees to create a rational density for nurturing the forests and apply other
technical measures in order to raise the aesthetic values of those forests.
c/ With regard to forests for
scientific research or experimentation, it is allowed to exploit forest
products according to the research and training requirements of scientific
research and technological development institutions or forestry training and
vocational training establishments.
2. Competence to permit the
rational use of natural resources in special-use forests
- The Ministry of Agriculture and
Rural Development shall approve designs of, and permit the rational use of
natural resources in, special-use forests whose owners are under its
management.
- Provincial-level People's
Committees shall approve designs of, and permit or authorize
provincial/municipal Agriculture and Rural Development Services to approve
designs of, and permit the rational use of natural resources in, special-use
forests whose owners are under their management or the management by
ministries or branches (except the Ministry of Agriculture and Rural
Development) in localities.
3. The Ministry of Agriculture and
Rural Development shall provide technical guidance, order and procedures for rational
use of natural resources in special-use forests.
Article 21.- Scientific research, teaching and practicing activities in special-use forests
1. Scientific research, teaching
and practicing activities in special-use forests shall comply with the provisions
of Article 52 of the Law on Forest Protection and Development and Article 54
of Decree No. 23/2006/ND-CP.
2. The collection of specimens and
gene sources of forest organisms in special-use forests shall comply with the
following provisions:
a/ Relevant species, the number of
collected specimens and gene sources and the collection duration shall be
identified.
b/ The collection of specimens and
gene sources shall be conducted under the forest owners' guidance, management
and supervision.
3. The Ministry of Agriculture and
Rural Development shall guide the preservation and collection of specimens
and gene sources of forest organisms in special-use forests.
Article 22.- Eco-tourist activities in special-use forests
1. Eco-tourist activities in
special-use forests shall comply with the provisions of Article 53 of the Law
on Forest Protection and Development and the Government's Decree No.
23/2006/ND-CP.
2. Forest owners may organize
eco-tourist business activities, lease forest environments or use the land
use rights and economic values of biodiversity resources and forest
landscapes for joint venture or association with other investors,
organizations or individuals for investment in eco-tourist business in
special-use forests.
The organization of eco-tourism in
special-use forests must be formulated into investment projects to be
submitted to competent state agencies for approval.
Eco-tourism development projects
in special-use forests must meet the following requirements:
a/ Not to adversely affect the objectives
of preservation of biodiversity and environmental landscapes as well as the
protection utility of the forests.
b/ The construction of works in
service of tourism must comply with forest plannings approved by competent
authorities:
- In strictly-protected sub-zones,
it is allowed to build footbaths, makeshifts or plant signboards for patrol
and in service of eco-tourism as well. Tourist footpaths must ensure safety
for tourists and subject to guidance and inspection by forest owners.
- In ecological restoration
sub-zones, it is allowed to open main routes, build works for forest
protection and development and organization of service and tourist
activities.
- In service-administrative
sub-zones, landscape protection zones and forests for scientific research or
experimentation, it is allowed to build architectural works in service of
management, scientific research and organization of tourist and service
activities.
- The order of, and procedures
for, the construction of works shall comply with legal provisions on
construction.
- The Ministry of Agriculture and
Rural Development shall provide guidance on proportions of land area allowed
for construction of works in service of eco-tourism or convalescence in
special-use forests; provide for evaluation of economic values, biodiversity
resources and landscapes of special-use forests and coordinate with the
Vietnam National Administration of Tourism in guiding the management of
eco-tourist activities in special-use forests.
c/ To create conditions for
households and individuals living in special-use forests to participate in
the provision of tourist services.
Article
23.- Stabilization
of the life of residents in special-use forests
1. The stabilization of the life
of residents in special-use forests shall comply with the provisions of
Article 54 of the Law on Forest Protection and Development.
2. The area of production forests
intermingling with special-use forests shall be protected, developed and used
in accordance with the provisions of Chapter IV of this Regulation.
3. The stable acreage of
residential land, fields, gardens and milpa of residents in special-use
forests shall not be counted into the acreage of such forests but must be
shown on maps and identified explicitly with land markers on field and
managed in accordance with the provisions of land law.
Article 24.- Buffer zones of national parks and nature conservation zones
1. National parks and nature
conservation zones must have their buffer zones.
2. A buffer zone is a forest area,
land area or water-surface area contiguous to a national park or nature
conservation zone, encompassing all or a part of communes, wards and
townships bordering on such national park or nature conservation zone.
3. Buffer zones shall be
established to prevent or reduce the human's encroachment upon national parks
and nature conservation zones.
Management boards of special-use
forests shall make arrangement for buffer zone residents to participate in
the protection, conservation and rational use of forest products and natural
resources as well as eco-tourist services so as to contribute to raising
their incomes and associating their ways of earning living with activities in
the special-use forests.
The state agencies in buffer zones
shall formulate investment projects on production and rural infrastructure
development in order to stabilize the life of population communities and
concurrently elaborate regulations on responsibilities of population
communities and households for the protection and preservation of special-use
forests.
4. The acreage of buffer zones
shall not be counted into the acreage of special-use forests.
a/ The acreage of protection or
production forests in buffer zones shall be assigned or leased by competent
People's Committees to organizations, households, individuals or village population
communities according to the provisions of forest protection and development
law.
b/ Protection forests and
production forests in buffer zones shall be managed in accordance with the
provisions of Chapters III and IV of this Regulation.
5. Responsibilities of People's
Committees at all levels and of forest owners towards buffer zones
a/ District-level People's
Committees shall have to formulate projects on socio-economic development,
forestry or agricultural production, fisheries and sedentarization and submit
them to provincial-level People's Committees for approval and organization of
execution in order to stabilize and improve the living conditions of buffer
zone residents within the district administrative boundaries.
b/ Commune-level People's Committees
shall have to organize the execution of approved projects defined at Point a,
Clause 5 of this Article; propagate and encourage people in communes to
actively participate in the protection and development of national parks and
nature conservation zones; adopt and apply measures to prevent the
encroachment by buffer zone residents upon national parks and nature
conservation zones.
c/ District- and commune-level
People's Committees as well as forest owners in buffer zones shall have to
coordinate with the management boards of national parks and nature
conservation zones in forest management, protection and development.
Chapter III
MANAGEMENT OF PROTECTION FORESTS
Section 1. ORGANIZATION OF MANAGEMENT OF PROTECTION FORESTS
Article
25.- Classification
of protection forests
Based on their nature and
protection requirements, protection forests are classified into three
following kinds:
1. Headwater protection forests
a/ Headwater protection forests
mean forests established to enhance water source-regulation capability of
water flows and reservoirs, thereby restricting floods, reducing erosion,
protecting land and restricting the extension with deposits of riverbed and lakebed.
b/ Headwater protection forests
shall be established on the basis of criteria and indexes on the acreage,
rainfall, ascent, eminence, mechanical components and thickness of soil
layers.
c/ The size of headwater
protection forests shall be compatible with the size of river basins and the
management of headwater protection forests shall be associated with the
comprehensive management of river basins.
2. Wind- and sand-shielding
protection forests
a/ Wind- and sand-shielding
protection forests shall be established to cope with harmful wind and moving
sand, protect agricultural production, residential quarters, urban centers,
production areas and other works.
b/ Wind- and sand-shielding
protection forests shall be established on the basis of criteria and indexes
on the acreage, coastal sand bench, climate and current socio-economic
conditions of the concerned regions.
3. Breakwater and sea encroachment
protection forests
a/ Breakwater and sea encroachment
protection forests shall be established against waves and landslide and for
protection of production and coastal and riverside works.
b/ Breakwater and sea encroachment
protection forests shall be established on the basis of criteria and indexes
on the acreage, position, hydrological conditions, state of erosion and
existing protection works.
c/ Protection forest belts beyond
sea dikes shall have the functions of breaking waves, fixing alluvial
grounds, preventing landslides, protecting sea dikes and maintaining natural
development of ecosystems of submerged saline forests. These forest belts
shall constitute part of the sea dike system to be designed and invested
under the sea dike construction project.
d/ Protection forest belts inside
sea dikes shall serve the protection of aquaculture, agricultural production,
tourist development, environmental protection and the restriction of harms
caused by stormy wind and sea waves to the life and property of people in the
coastal regions.
4. Protection forests for
environmental protection
a/ Protection forests for environmental
protection shall be established to regulate climate, combat environmental
pollution in residential quarters, urban centers and industrial parks, in
combination with tourism and convalescence; maintenance of national security
and borders.
b/ Protection forests for
environmental protection shall be established on the basis of criteria and
indexes on the acreage, environmental factors, pollution, hazards caused by
economic and social activities in the regions or national security and
defense requirements.
Article 26.- Decentralization of the management of protection forests
1. Provincial-level People's
Committees shall have to organize the management of protection forests
assigned by the State to forest management boards they have set up.
2. The Ministry of Defense and the
Ministry of Public Security shall have to organize the management of
protection forests assigned by the State to military and public security
forces.
3. Forest owners being
organizations (other than forest management boards set up by provincial-level
People's Committees, the Ministry of Defense or the Ministry of Public
Security), households, individuals or village population communities shall
themselves organize the management of protection forest acreages assigned or
leased to them by the State.
4. The Ministry of Defense, the
Ministry of Public Security, the other ministries and branches and
provincial-level People's Committees shall define the functions, tasks and
powers of forest management boards in accordance with their competence and
provisions of law.
Article 27.- Organizational apparatus of protection forest management boards
1. Provincial-level People's
Committees shall decide on organizational apparatus and payroll of
provincial/municipal protection forest management boards; the Ministry of
Defense and the Ministry of Public Security shall decide on organizational
apparatus of protection forest management boards under their management.
2. Payroll of protection forest
management boards
a/ The initial payroll of
protection forest management boards shall each comprise between 7 and 9
persons. In the course of their operation, depending on management
requirements and based on the State's regulations, the protection forest
management boards may decide on their payrolls according to their competence
or elaborate annual payroll plans to be submitted to competent state agencies
for decision.
b/ Forest protection-specialized
forces of forest management boards shall abide by the provisions of Point a,
Clause 2, Article 30 of this Regulation.
Section 2. PROTECTION, DEVELOPMENT AND USE OF PROTECTION FORESTS Article 28.- Determinative criteria of protection forests
Protection forests meeting the
determinative criteria on protection are prescribed as follows:
1. For headwater protection
forests, the forest canopy cover must be 0.6 or more so that the forests are
capable of maintaining and regulating water sources, protecting soil and
reducing erosion.
2. For wind- and sand-shielding
protection forests, the forest trees must have both horizontal and vertical
crown contact, the forests must have helped prevent or alleviate harms caused
by wind or sand to production areas or population quarters, raise or
stabilize agricultural productivity.
3. For breakwater and sea
encroachment protection forests, the forest trees must have a crown contact
and a developed root system, the forests must have helped break waves,
stabilize land, increase coastal alluvium, prevent or reduce landslides and
protect coastal and riverside works.
4. For protection forests for
environmental protection, the forests must have helped prevent or reduce air
pollution, regulate climate, create landscapes and a clean environment for
industrial parks, urban centers, tourist or convalescence resorts.
5. The Ministry of Agriculture and
Rural Development shall specify the criteria for standard protection forests.
Article 29.- Investment and fund for maintaining the protection and development of protection forests
The investment and regular fund
for the protection and development of protection forests shall comply with
the investment and construction management regulations and the following
provisions:
1. Investment to guarantee regular
fund for the protection and development of protection forests is stipulated
as follows:
a/ The State shall allocate
regular fund to maintain forest protection activities; arrange budget for
investment projects on protection and development of protection forests which
have been assigned to protection forest management boards set up by
ministries or provincial-level People's Committees.
b/ The State shall provide
investment supports and adopt benefit policies for protection forests it has
assigned to village population communities or leased to economic
organizations, households or individuals.
c/ Forest owners may use revenues
from service activities and financial supports provided by organizations,
individuals or investment projects for investment in forest protection and
development after fulfilling financial obligations and other obligations in
accordance with the provisions of law.
2. Forest owners and project
owners using state budget capital for investment in the protection and
development of protection forests shall have to formulate projects to be
submitted to competent state agencies for approval and organize the execution
thereof; the order of, procedures and competence for, approving such
investment projects shall comply with the Government's regulations on
investment and construction management.
Article 30.- Protection of protection forests
1. The protection of protection
forests shall comply with the provisions of Decree No. 23/2006/ND-CP.
2. Organization of protection of
protection forests
a/ Forest owners may organize
forest protection forces as follows:
- Organizing forest
protection-specialized forces, every person of which shall be arranged to
protect 1,000 ha on average.
- The management boards may use
salary funds of forest protection-specialized forests or forest protection
remuneration set by the State in approved projects for package contracting of
forest protection to local households, individuals and village population
communities.
- Cooperating or associating with
households, individuals and village population communities in forest
protection.
- Hiring professional protection
forces to protect forests.
- Defining the functions, powers
and tasks of the above-said forces in accordance with their competence and
provisions of law.
b/ Protection forests having
forest protection-specialized forces are defined as follows:
- They are headwater protection
forests, which have the acreage of 20,000 ha or more each and are exposed to
the high risk of encroachment.
- Provincial-level People's
Committees shall organize forest ranger forces to protect protection forests
under their management.
Article 31.- Plantation, restoration and regeneration of protection forests
1. With regard to headwater
protection forests, they must be built into concentrated and uninterrupted
ones; gradually turned into forests with mixed species, of different ages and
with different layers; forest trees must be those with deep and adhesive root
systems.
2. With regard to wind- and
sand-shielding protection forests, each must have at least one major forest
belt with a minimum width of 20 m, combined with other forest belts to create
a closed umbrella; protection forests in service of agricultural production
and economic works shall be planted in bands or belts; each band or belt
shall consist of different rows of trees; forest trees must be those with
tough stems, deep and adhesive root systems.
3. With regard to breakwater and
sea encroachment protection forests, each must have at least one forest belt
with a minimum width of 30 m or have different forest belts with alternate
gates toward the main wave direction; forest trees must be water-enduring
trees, with deep and adhesive root systems.
4. With regard to protection
forests for environmental protection, there must be forest belts, forest
ranges, forest areas and greeneries intermingled with population quarters,
industrial parks and tourist resorts to fight air pollution, create a clean
environment, combined with recreation, entertainment, expedition and tourism;
forest trees must be large-crown evergreens which are multiflorous and nicely
shaped.
5. Apart from the plants for
plantation of headwater protection forests, wind- and sand-shielding
protection forests and breakwater and sea encroachment protection forests
defined in Clauses 1, 2 and 3 of this Article, priority should also be given
to those species which have many utilities and can be harvested annually (for
resin, flowers, fruits, leaves or shoots, etc.)
6. The regeneration of natural
protection forests shall comply with the provisions of Article 10 of this
Regulation.
7. The Ministry of Agriculture and
Rural Development shall guide in detail the plantation of protection forests.
Article 32.- Exploitation of timber and forest products other than timber in protection forests
1. Principles for exploitation of
forest products in protection forests
a/ Not reducing the protection
capacity of the forests.
b/ The exploitation volume must
not be bigger than the growth volume of the forests.
2. Exploitation of forest products
in protection forests
a/ With regard to natural
headwater protection forests:
- It is allowed to fully exploit
and make full use of timber and exploit forest products other than timber.
- When the forests are up to
protection standards, it is allowed to exploit timber by mode of selective
logging, provided that the forest canopy cover after exploitation must be
bigger than 0.6.
- It is prohibited to exploit
precious and rare trees specified in the Government's Decree No. 32/2006/ND-CP
of March 30, 2006 on management of endangered, precious and rare forest
plants and animals.
b/ With regard to planted
headwater protection forests; wind- and sand-shielding protection forests;
breakwater and sea encroachment protection forests and protection forests for
environmental protection:
- It is allowed to exploit
intermingled and subsidiary trees; trim, extract or make full use of timber;
and exploit forest products other than timber.
- When the forests are up to
protection standards and the major plants are up to exploitation standards,
it is allowed to selectively log major plants, provided that the forest
canopy cover after exploitation must be bigger than 0.6.
3. Competence to permit timber
exploitation in protection forests
a/ To exploit timber in natural
protection forests or protection forests planted with state budget investment
capital, forest owners must have exploitation designs approved by competent
state agencies:
- Provincial/municipal Services of
Agriculture and Rural Development shall approve the designs and issue
exploitation permits to forest owners being economic organizations.
- District-level People's
Committees shall approve designs and issue exploitation permits to forest
owners being households, individuals and village population communities.
b/ The exploitation of protection
forests being forests planted with forest owners' own capital shall be
decided by forest owners themselves but the exploitation must comply with the
provisions of Clause 2 of this Article.
4. The order of, and procedures
for, the exploitation as well as technical exploitation regulations and
processes shall comply with the guidance of the Ministry of Agriculture and
Rural Development.
Article 33.- Other activities in protection forests
1. Tourist, scientific research,
teaching and practicing activities in protection forests:
a/ Forest owners may themselves
organize or coordinate with other organizations, households or individuals in
landscape, convalescence, eco-tourist and scientific research activities in
protection forests.
b/ Activities specified at Point a
of this Clause must strictly comply with the provisions of law on tourism and
scientific research.
c/ The Ministry of Agriculture and
Rural Development shall provide guidance on land area percentage allowed for
the construction of eco-tourism and convalescence in protection forests.
2. Combined agro-fishery
production in protection forests
a/ It is allowed to intercrop
industrial trees and pharmaceutical trees in headwater protection forests,
wind- and sand-shielding protection forests; breakwater and sea encroachment
protection forests, which, however, must not affect the forests' protection
capacity.
b/ It is allowed to use land
without forests in protection forests for combined agro-forestry production:
- Forest owners may organize land
areas without forests for combined agro-forestry production under plannings
already approved by competent authorities.
- Forest owners being households
or individuals may use not more than 40% of submerged land areas without
forests or not more than 30% of land areas without forests, for headwater
protection, wind- or sand-shielding areas for combined agro-forestry
production.
c/ The Ministry of Agriculture and
Rural Development shall specify the combined agro-forestry and fishery
production in protection forests.
3. Management of other kinds of
forests and land in protection forests
a/ Production forest areas
intermingling with protection forests shall be protected, developed and used
according to the provisions of Chapter Iv of this regulation.
b/ With regard to stable
residential land, fields, gardens and milpa intermingling with protection
forests, they shall not be planned for inclusion into production forests and
shall be managed according to the provisions of land law.
4. When carried out, activities
defined in Clauses 1, 2 and 3 of this Article must not adversely affect the
protection capacity of forests.
Chapter IV
MANAGEMENT OF PRODUCTION FORESTS
Section 1. ORGANIZATION OF MANAGEMENT OF PRODUCTION FORESTS
Article
34.- Classification
of production forests
Based on their origin of
formation, production forests are classified into the following kinds:
1. Natural production forests,
including natural forests and forests restored by zoning off for tending and
natural regeneration; based on the average forest reserves per hectare,
natural forests are classified into rich, average and poor forests.
2. Planted production forests,
including forests planted with state budget capital and forests planted with
forest owners' investment capital (their own capital, loan capital,
joint-venture or association capital not originating from the state budget)
with state supports and other sources.
3. Seedling forests, including
seedling forests converted from natural or planted forests; seedling forests
being planted forests and seedling gardens.
Article 35.- Organization of management of production forests
Forest owners assigned or leased
production forests by the State may organize the management and use of such
forests according to this Regulation and the provisions of law on forest
protection and development.
Section 2. PROTECTION,
DEVELOPMENT AND USE OF PRODUCTION FORESTS
Article
36.- Protection
of production forests
1. Production forests shall be
protected according to the provisions of Articles 46, 47 and 48 of Decree No.
23/2006/ND-CP.
2. Organization of protection of
production forests
a/ Forest owners may organize the
following forest protection forces:
- Their own forest
protection-specialized forces.
- Forest protection by households,
individuals and village population communities under contracts.
- Households, individuals and
village population communities in cooperation or association.
- Hired professional protection
forces.
- Forest owners shall define the
functions, powers and tasks of the above forces according to their competence
and provisions of law.
Forest owners shall be supported
by People's Committees at all levels in protection of forests.
b/ With regard to forest and
forestland areas not yet assigned or leased, commune-level People's
Committees shall have to organize the management thereof.
Article 37.- Development of production forests
1. The development of production
forests must strictly comply with forest protection and development plannings
and plans.
2. Bio-forestrial methods
applicable to development of production forests include:
a/ Zoning off for tending and
natural regeneration or additional plantation of forests.
b/ Afforestation (including forest
plantation, tending and nurturing, etc.)
c/ Regeneration of natural poor
forests.
d/ Nurturing of forests.
e/ Enrichment of forests.
3. Competence to approve designs
and cost estimates for application of bio-forestrial methods to develop
production forests
a/ For investment in development
of production forests with state budget capital, forest owners or project
owners must draw up designs and cost estimates; the competent to approve such
designs and cost estimates shall comply with legal provisions of investment
and construction management.
b/ For investment in development
of production forests with non-state budget capital, forest owners may decide
on designs and cost estimates themselves.
c/ The regeneration of poor
natural forests shall comply with the provisions of Article 10 of this
Regulation.
4. The Ministry of Agriculture and
Rural Development shall provide econo-technical norms and guide the
application of bio-forestrial methods for development of production forests.
Article 38.- Investment in protection and development of production forests
The investment in the protection
and development of production forests shall comply with the regulations on
investment and construction management and the following provisions:
1. Forest owners shall base themselves
on land use as well as forest protection and development plannings and plans
and production and business tasks to formulate investment projects on the
protection and development of production forests and organize the execution
thereof.
2. The State encourages
organizations, households and individuals to invest in the protection and
development of production forests in the following cases:
a/ Protection of poor natural
forests.
b/ Plantation of precious and rare
trees.
c/ Plantation of forests in areas
meeting with socio-economic difficulties or extreme difficulties.
3. The State shall adopt
investment support policies for the protection and development of production
forests in the following cases:
a/ Protection of poor natural
forests.
b/ Plantation of precious and rare
trees.
c/ Plantation of trees with a
commercial circle of 15 years or more
d/ Plantation of forests in the
areas meeting with socio-economic difficulties or extreme difficulties.
e/ Provision of supports for
construction of infrastructure in the areas for concentrated plantation of
raw material forests and in other necessary cases.
Article 39.- Exploitation of forest products in natural production forests
1. The exploitation of forest
products must ensure the principles on sustainable forest management.
a/ The forests must reach
standards for major exploitation.
b/ The to be-exploited forest
trees must reach standards on diameters, for timber trees and tree ages, for
bamboos and rattans.
c/ The exploitation volume must be
smaller than the growth volume of the forests.
d/ The exploitation process must
not adversely affect the environment and protection capacity of the forests.
2. Forest products for
exploitation: It is allowed to exploit forest products of all kinds; the
exploitation of precious and rare plant species shall comply with the
provisions of the Government's decree No. 32/2006/ND-CP of March 30, 2006, on
management of endangered, precious and rare forest plants and animals.
3. Major exploitation of natural
forest timber
a/ Conditions:
- Forest owners being economic
organizations must have forest-regulation schemes and exploitation designs
approved by competent authorities: The Ministry of Agriculture and Rural
Development shall approve forest-regulation schemes of forest owners under
ministries or centrally-run branches; provincial/municipal Agriculture and
Rural Development Services shall approve forest-regulation schemes of forest
owners being provincial organizations and approve exploitation designs of
forest owners being organizations within their respective provinces.
- Forest owners being households,
individuals or village population communities must have forest-regulation
schemes; district-level People's Committees shall approve or authorize district-level
functional divisions to approve such schemes.
b/ Competence to permit
exploitation:
- The Prime Minister shall decide
on the annual total exploitation limit.
- The Ministry of Agriculture and
Rural Development shall announce the annual exploitation output and guide
localities in managing specifically the exploitation outputs.
- Provincial-level People's
Committees shall open forests for exploitation and assign exploitation plans
to forest owners being organizations and to district-level People's
Committees under the plans assigned to localities by the Ministry of
Agriculture and Rural Development.
- District-level People's
Committees shall assign exploitation plans to forest owners being households,
individuals and village population communities.
4. Full exploitation and
extraction of timber
a/ Provincial/municipal
Agriculture and Rural development Services shall approve designs and issue
exploitation permits to forest owners being organizations.
b/ District-level People's
Committees shall approve, issue exploitation permits or authorize their
functional divisions to approve and issue exploitation permits to forest
owners being households, individuals and village population communities.
5. Exploitation of natural forest
timber for domestic use by households, individuals and village population
communities
Households, individuals and
village population communities that wish to exploit natural forest timber for
domestic use shall only need to notify such to commune-level People's
Committees for certification and management.
6. The Ministry of Agriculture and
Rural Development shall promulgate regulations and procedures for
exploitation of timber and forest products other than timber; guide the order
of, procedures and dossiers for the exploitation of natural forests.
Article 40.- Exploitation of forest products in planted production forests
1. Forest products for
exploitation: it is allowed to exploit all forest products in planted
forests.
2. Competence to permit
exploitation of planted forests
a/ Where planted forests are
invested with the state budget capital:
- With regard to forests whose
owners are organizations: If such organizations are the provincial ones, the
forest exploitation shall be permitted by the provincial-level People's
Committees; if such organizations are ministerial ones, the forest
exploitation shall be permitted by their respective managing ministries.
- With regard to forests whose
owners are households, individuals or hamlet population communities, the
forest exploitation shall be permitted by district-level People's Committees.
b/ Where planted forests are
invested by forest owners themselves or with the State's supports:
- Forest owners shall decide on
the exploitation time and be free to circulate and consume planted forest
products. Ten working days before exploiting planted forests, forest owners
must send advance notices to commune-level People's Committees of the
localities where exist the to be-exploited forests.
- Within 10 working days after
receiving forest owners' written notices on the exploitation of planted
forest timber, commune-level People's Committees of the localities where
exist the to be-exploited forests shall take measures to monitor and assist
forest owners, ensuring that the latter can exploit and consume planted
forest products in a convenient manner. All acts of causing difficulties to
or obstructing forest owners in the exploitation, circulation or consumption
of timber and planted forest products shall strictly be handled according to
law.
3. The Ministry of Agriculture and
Rural Development shall guide the exploitation of planted forest products
according to the degree of importance for protection of production forests.
Article 41.- Management and use of seedling forests
1. The selection and recognition
of seedling forests shall comply with the provisions of Article 19 of the
Ordinance on Plant Varieties.
2. The management of protection,
development, full exploitation and extraction of seedling forest products
shall comply with the provisions of Articles 36, 37, 38, 39 and 40 of this
Regulation but must not contravene business purposes of seedling forests.
3. The State encourages and
assists organizations and individuals in forestry extension, transfer of
techniques for production and use of high-yield and quality forestry plant
varieties to meet the market demand.
4. The Ministry of Agriculture and
Rural Development shall promulgate criteria for recognition of seedling
forests and procedures for the harvest of their products.
Article 42.- Other activities in production forests
1. Combined agro-forestry
production
a/ Forest owners being
organizations may conduct combined agro-forestry production on the assigned
or leased forest and forestland areas under forest protection and development
plannings already approved by competent state agencies.
b/ Forest owners being households,
individuals or village population communities may use not more than 40% of
submerged saline forestland areas without forests or not more than 30% of
production forestland area without forests, other than submerged saline land,
for combined agro-forestry production; may plant intermingledly agricultural
trees under the forest crown, which, however, must not affect the forests' major
use purposes.
2. Tourist activities
a/ Forest owners may themselves
organize or cooperate with other organizations and individuals in the
provision of tourist services in forests assigned or leased by the State.
b/ The organization of eco-tourist
activities in production forests must not alter the forest use purposes;
tourist activities must comply with the relevant provisions of law; where it
is necessary to build works in service of tourism, the provisions of land law
and construction law must be complied with.
c/ The Ministry of Agriculture and
Rural Development shall guide the land area proportion for construction of
works in service of eco-tourism and convalescence in production forests.
3. Scientific research, technical
and technological application activities
a/ Forest owners may let
organizations, individuals or coordinate with the latter in conducting
scientific research, technical or technological application in assigned or
leased production forests according to the provisions of law on scientific
research.
b/ With regard to scientific
research activities, 10 working days before starting scientific research
activities, forest owners being economic organizations must notify such to
provincial/municipal Agriculture and Rural Development Services; forest owners
being households, individuals or village population communities shall have to
notify such to district-level People's Committees for monitoring and
assistance.
4. Management of other kinds of
forest and land in production forests
a/ Special-use or protection
forest areas intermingled in production forests shall be managed according to
the provisions of Chapters II and III of this Regulation.
b/ Stable residential land,
fields, gardens and milpa in production forests shall not be planned for
inclusion in production forests and shall be managed in accordance with the
provisions of land law.
Chapter V
IMPLEMENTATION RESPONSIBILITIES
Article 43.- Supervision and assessment of forest management
1. The Ministry of Agriculture and
Rural Development shall have to organize the management of the unified
database system on forests and forestland, kinds of forests and their current
status as well as forest plannings nationwide.
2. People's Committees at all
levels shall have to supervise and assess the forest management situation in
their respective localities.
3. Forest owners shall have to
organize the supervision and assess the management and use of forests on
forest areas assigned or leased by the State.
4. The contents of supervision and
assessment of forest management shall be provided by the Ministry of
Agriculture and Rural Development.
----------------------------------------- Source: Original Translation by Ministry of Justice of Vietnam |
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