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Read more >>> Decision No.380/QĐ-TTG dated August 10, 2007 on the Pilot Policy for Payment for Forest Environmental Services
DECREE
ON THE POLICY ON PAYMENT FOR
FOREST ENVIRONMENTAL SERVICES
(Decree No. 99/2010/ND-CP, dated 24 Dep. 2010)
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the December 3, 2004 Law on Forest Protection and Development;
Pursuant to the November 13, 2008 Law on Biodiversity;
At the proposal of the Minister of Agriculture and Rural Development,
Pursuant to the December 3, 2004 Law on Forest Protection and Development;
Pursuant to the November 13, 2008 Law on Biodiversity;
At the proposal of the Minister of Agriculture and Rural Development,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of
regulation
This Decree provides for the
policy on payment for forest environment services in Vietnam, covering:
1. Types of forest
environment services which arc paid for by users to providers defined in this
Decree.
2. Providers and users of
forest environment services.
3. Management and use of the
payment for forest environment services.
4. Rights and obligations of
providers and users of forest environment services.
5. Responsibilities of state
management agencies at all levels and of all sectors for the payment for forest
environment services.
Article 2. Subjects of
application
This Decree applies to state
agencies, organizations, households, individuals and village communities in the
country; overseas Vietnamese, foreign organizations and individuals carrying
out activities related to the provision and use of and payment for forest
environment services, and management of the payment for these services.
Article 3. Interpretation of
terms
In this Decree, the terms below
are construed as follows:
1. Forest environment
includes the components of the forest eco-system: plants, animals,
microorganisms, water, soil, air and natural landscapes. Forest environment has
use values to meet social and human needs, referred to as use values of the
forest environment, including soil protection, water source regulation,
headwater protection, coastal protection, natural disaster prevention and
combat, biodiversity, carbon sequestration and retention, tourism, habitat and
spawning ground of organisms, timber and other forest products.
2. Forest environment
service means the provision of use values of the forest environment to meet the
needs of the society and people's life, including types of services specified
in Clause 2. Article 4 of this Decree.
3. Payment for forest
environment services means a provision and payment relationship in which users
of forest environment services pay to providers of these services under Article
6 of this Decree.
Article 4. Types of forests
and forest environment services for which charges must be paid
1. Forests entitled to
payment for forest environment services are forests that provide one or more
forest environment services defined in Clause 2 of this Article, including
protection forest, special-use forest and production forest.
2. Types of forest
environment services referred to in this Decree include:
a) Soil protection,
restriction of erosion and sedimentation of reservoirs, rivers and streams;
b) Regulation and
maintenance of water sources for production and social life;
c) Forest carbon
sequestration and retention, reduction of greenhouse gas emissions by measures
of preventing forest degeneration and forest area decrease and developing
forests in a sustainable manner;
d.) Protection of natural
landscape and conservation of biodiversity of eco-systems for tourism services:
e) Provision of spawning
grounds, sources of feed and natural seeds, use of water from forests for
aquaculture.
3. The Ministry of
Agriculture and Rural Development shall assume the prime responsibility for,
and coordinate with concerned ministries and branches in submitting to the
Prime Minister for promulgation regulations on payers, levels of payment and
method of payment for the service of forest carbon sequestration and retention
and the service of provision of spawning grounds, sources of feeds and natural
seeds, use of water from forests for aquaculture. for implementation in
accordance with this Decree.
Article 5. Principles of
payment for forest environment services
1. Beneficiaries of forest
environment services shall pay for these services to owners of forests
providing such services.
2. Payment for forest
environment services shall be made in cash by direct or indirect payment
method.
3. Payment for forest
environment services through forest protection and development funds is the
money users of forest environment services entrust the funds to pay to forest
owners providing these services.
4. Payment for forest
environment services constitutes an element in the cost of products using
forest environment services and does not replace royalty or other payable
amounts as required by law.
5. Assurance of publicity,
democracy, objectivity and fairness: compliance with the Vietnamese legal
system and treaties which Vietnam has signed or acceded to.
Article 6. Forms of payment
for forest environment services
1. Direct payment:
a) Direct payment means that
users of forest environment services pay directly to providers of these
services.
b) Direct payment is applied
when a user of forest environment services has ability and conditions for
making payment directly to the provider of these services without having to go
through an intermediary organization. Direct payment shall be made on the basis
of freewill contracts between users and providers of forest environment
services under this Decree under which the level of payment must not be lower
than that set by the State for the same type of forest environment service.
2. Indirect payment:
a) Indirect payment means
that users of forest environment services pay to providers of these services
through the Vietnam forest protection and development fund or a
provincial-level forest protection and development fund or an agency or
organization performing the tasks of a provincial-level forest protection and
development fund as decided by the provincial-level People's Committee;
b) Indirect payment is
applied when users of forest environment services have no ability and
conditions for paying directly to providers of such services but have to make
payment through an intermediary organization under Point a. Clause 2 of this
Article. Indirect payment is made with the intervention and support of the
State and with prices of forest environment services fixed by the State.
Article 7. Payers and types
of forest environment services which must be charged
1. Hydropower generation
establishments shall pay for the services of soil protection, restriction of
erosion and sedimentation of reservoirs, rivers and streams and regulation and
maintenance of water sources for hydropower generation.
2. Clean water production
and supply establishments shall pay for the service of regulation and
maintenance of water sources for clean water production.
3. Industrial manufacture
establishment using water directly from water sources shall pay for the service
of regulation and maintenance of water sources for clean water production.
4. Tourist service providers
that benefit from forest environment services shall pay for the service of
protection of natural landscapes and conservation of biodiversity of forest
eco-systems for tourism services.
5. Liable to pay for the
forest environment services of forest carbon sequestration and retention;
supply of spawning grounds, source: of feeds and natural seeds, use of water
from forest for aquaculture are those referred to in Clauses 3, Article 4 of
this Decree.
Article 8. Entities to enjoy
payment for forest environment services
1. Entities to enjoy payment
for forest environment services are owners of forests providing such services,
including:
a) Forest owners that are
organizations with forests allocated or leased by the State for stable and
permanent use for forestry purposes and organizations that plant by themselves
forests on allocated forestry land areas certified by the provincial-level
People's Committee at the proposal of the provincial-level Department of
Agriculture and Rural Development;
b) Forest owners that are
households or individuals with forests allocated or leased by the Slate;
village communities with forests allocated by the State for stable and
permanent use for forestry purposes; forest owners that are households and
individuals or village communities planting forests by themselves on
state-allocated forest land areas certified by the district-level People's
Committee at the request of a specialized forestry agency, certified by the
commune-level People's Committee.
2. Organizations,
households, individuals and village communities that have concluded contracts
on stable and permanent forest protection with forest owners that are state
organizations (below referred to as contracted households); forest protection
contracts shall be made and signed by the contractual parties and certified by
the commune-level People's Committee.
Chapter II
MANAGEMENET AND USE OF
PAYMENT FOR FOREST ENVIRONMENT SERVICES
Section 1. MANAGEMENT AND
USE OF MONEY FROM DIRECT PAYMENT FOR SERVICES
Article 9. Payment for
forest environment services
1. The provider and user of
forest environment services shall reach agreement by themselves on types of
services, level and method of payment for these services in accordance with the
provisions of this Decree and other relevant provisions of law.
In case the provider and
user of forest environment services reach agreement by themselves on types of
services provided in this Decree, the levels of payment must not be lower than
those set in Article 11 of this Decree.
In case levels of payment
are not yet provided in this Decree, the provider and user of forest
environment services may reach agreement by themselves on the levels of
payment.
2. The State encourages the
application of direct payment to all cases if the providers and users of forest
environment services can reach agreement by themselves on the levels of
payment.
Article 10. Use of money
paid for forest environment services
1. Providers of forest
environment services may decide on how to use money paid for forest environment
services after fulfilling financial obligations to the State as provided by
law.
2. In case the provider of
forest environment services is a state organization, it shall account as a
source of revenue money paid for forest environment services, after subtracting
reasonable expenses related to the implementation of the policy on payment for
forest environment services incurred by the organization, including payments to
households contracted to protect forests, and may spend such money under
financial regulations applicable to such organization.
Section 2. MANAGEMENT AND
USE OF MONEY FROM INDIRECT PAYMENT FOR SERVICES
Article 11. Levels of
payment and determination of amounts of payment for forest environment services
1. For hydropower generation
establishments
a) The level of payment for
forest environment services applicable to hydropower generation establishments
is VND 20 per kWh of commercial electricity. The electricity amount used to
calculate the amount of payment is that sold by a hydropower generation
establishment to electricity buyers under electricity trading contracts;
b) Determination of amounts
of payment for forest environment services.
The amount of payment (in
VND) for forest environment services in a payment period equals the electricity
amount (kWh) in the payment period multiplied by the level of payment per kWh
(VND 20)kWh).
2. For clean water
production and supply establishments:
a) The level of payment for
forest environment services applicable to clean water production and supply
establishments is VND 40 per m3 of commercial water. The water volume used to
calculate the amount of payment is that sold by a clean water production and supply
establishment to consumers;
b) Determination of amounts
of payment for forest environment services.
The amount of payment (in
VND) for forest environment services in a payment period equals the commercial
water volume (m3) in the payment period multiplied by the level of payment per
m3 of commercial water (VND 40)m3).
3. For industrial production
establishments using water directly from water sources
To assign the Ministry of
Agriculture and Rural Development to assume the prime responsibility for, and
coordinate with concerned ministries and branches in, submitting to the Prime
Minister for promulgation specific regulations on payers, level of payment and
methods of payment for this type of service.
4. For tourist service
providers benefiting from forest environment services
a) The level of payment for
forest environment services equals from 1% to 2% of turnover realized in the
period;
b) Determination of amounts
of payment for forest environment services
The amount of payment (in
VND) for forest environment services in a payment period equals turnover
multiplied by the level of payment (from 1% to 2%).
c) To assign
provincial-level People's Committees to specify payers including travel and
tourism accommodation business organizations and individuals located in their
respective provinces or centrally run cities. The levels of payment for forest
environment services applicable to these payers comply with Point a. Clause 4
of this Article.
Article 12. Entities
eligible for exemption from and reduction of payment for forest environment
services
1. If meeting with risks or
force majeure events, organizations and individuals specified in Article 7 of
this Decree may be considered for exemption from or reduction of payment for
forest environment services under this Decree.
2. To assign the Ministry of
Agriculture and Rural Development to assume the prime responsibility for, and
coordinate with concerned ministries and branches in, guiding the exemption
from and reduction of payment for forest environment services.
Article 13. Entrustment of
payment for forest environment services
1. Forest protection and
development funds set up under the Government's Decree No. 05/2008/ND-CP of
January 14. 2008. shall accept entrusted payment for forest environment
services. For localities lacking conditions for setting up a forest protection
and development fund, provincial-level People's Committees shall decide on
agencies or organizations to perform the tasks of a provincial-level forest
protection and development fund.
For provinces with large
forests and forest land areas, provincial-level People's Committees shall
consider giving permission for the establishment of district-level branches of
forest protection and development funds to make entrusted payment for forest
environment services to ensure convenience for people.
2. In case users of forest
environment services from forests located within the administrative territory
of a province or centrally run city, the entrusted payment for forest
environment services shall be transferred to the provincial-level forest protection
and development fund of such locality or to the agency or organization
performing the tasks of such a fund as decided by the provincial-level People's
Committee (below referred to as provincial-level forest protection and
development fund).
3. In case users of forest
environment services from forests located within the administrative territory
of two or more provinces and)or centrally run city, the entrusted payment lor
forest environment services shall be transferred to the Vietnam forest
protection and development fund.
Article 14. Bases for
regulating payment for forest environment services from the Vietnam forest
protection and development fund
1. The Vietnam forest
protection and development fund may regulate payment for forest environment
services to each province or centrally run city on the following bases:
a) The amount of money
collected from users of forest environment services;
b) Forest area of each
province or centrally run city providing forest environment services, certified
by a competent agency under the guidance of the Ministry of Agriculture and
Rural Development.
2. For the amount of money
collected from users of forest environment services for which recipients are
unidentifiable or are not identified yet, the Vietnam forest protection and
development fund may divide such amount to provinces with the average level of
payment for forest environment services per hectare of forest lower than the
average national level in the year.
Article 15. Use of payment
for forest environment services
1. Use of entrusted payment
for forest environment services at the Vietnam forest protection and
development fund:
a) Maximum 0.5% of the total
amount of money entrusted by payers for forest environment services for the
fund's operations related to the payment for these services, including
administrative expenses under the entrustment mechanism; expenses for the
receipt of money and other financial management activities.
b) The remaining amount
shall be transferred to provincial-level forest protection and development
funds or agencies or organizations performing the tasks of a provincial-level
forest protection and development fund on the basis of forest areas of
provinces and centrally run cities engaged in providing forest environment
services.
2. Use of entrusted payment
for forest environment services at provincial-level forest protection and
development funds:
The amount of money received
from the Vietnam forest protection and development fund and directly from
payers for forest environment services is regarded as 100% and shall be used as
follows:
a) Maximum 10% for the
following activities: administrative work under the entrustment mechanism,
receipt of payment, settlement, checking, supervision and audit; support for
activities of takeover test and assessment of forests; support for technical
activities of monitoring quality of forest environment services; support for
activities related to payment for forest environment services in districts,
communes and villages;
b) Deduction of not more
than 5% of the total amount of entrusted payment transferred to
provincial-level forest protection and development funds plus other lawful
funds as provisions and support for households, individuals and village
communities with forests allocated or contracted for stable and permanent
protection in case of natural disaster and drought.
Provincial-level People's
Committees shall specify the use of funds stated at Points a and b Clause 2 of
this Article.
c) The remaining amount
shall be paid to providers of forest environment services, which is regarded as
100%. and shall be used in the following two cases:
Forest owners that are
households and individuals with forests allocated or leased by the State;
village communities with forests allocated by the State for stable and permanent
use for forestry purposes and forest owners that are households and individuals
and village communities planting forests by themselves on forest land may enjoy
the whole amount.
Forest owners that are state
organizations contracting out forests for protection may use 10% of this amount
for checking, supervising, testing and evaluating the quality and quantity of
forests to make annual payment for forest environment services. The remainder
(90%) shall be paid to households contracted for forest protection.
For the remaining forest
area not yet contracted out for protection, the amount of payment for forest
environment services for such forest area shall be managed and used by forest
owners under financial regulations applicable to each type of organization.
Article 16. Payment for
forest environment services from provincial-level forest protection and
development funds
1. Payment to forest owners.
a) The amount of payment for
a type of service to a forest owner shall be determined by-multiplying the forest
area of the forest owner providing such service by the average payment for 1
hectare of forest and by the payment coefficient (K) corresponding to such
forest owner. A forest that provides many forest environment services is
entitled to all payments for these services:
b) The average payment for 1
hectare of forest shall be determined by the amount of payment collected from
payers for a specific type of forest environment service, after deducting
administrative expenses and financial provisions mentioned at Points a and b,
Clause 2, Article 15 of this Decree, divided by the aggregate of forest areas
of each type of forest owners jointly providing such service and multiplied by
coefficient K corresponding to the area of forest of each type of forest owners
entitled to such payment.
The Ministry of Agriculture
and Rural Development shall assume the prime responsibility for, and coordinate
with the Ministry of Finance and concerned ministries and branches in, guiding
the method of calculating the average payment for 1 hectare of forest mentioned
at Point b. Clause 1 of this Article.
2. Payment to households
contracted for forest protection
a) The amount of payment for
forest environment services that a household contracted for forest protection
receives shall be determined by multiplying the average payment for 1 hectare
of forest by the area of forest (ha) entitled to payment and by coefficient K;
b) The average payment for 1
hectare of forest (VND)ha) shall be determined by dividing the total remaining
amount mentioned at Point c, Clause 2. Article 15 of this Decree by the
aggregate of areas of forests of each type entitled lo payment at the lime of
checking and certification by a responsible agency, which is then multiplied by
coefficient K corresponding to the area of forest of each type entitled to
payment.
3. Coefficient K shall be
determined based on the following factors:
a) Forest status (ability to
provide forest environment services);
b) Type of forest
(special-use, protection or production);
c) Origin of forest (natural
forest, planted forest);
d) Unfavorable and favorable
conditions for forest protection (social and geographical factors).
For forest owners,
provincial-level People's Committees shall prescribe coefficients K based on
specific conditions of their localities.
For households contracted
for forest protection, the principals and contractors shall calculate
coefficients K under regulations of competent agencies and write such
coefficients in their contracts.
Article 17. Tasks of provincial-level
forest protection and development funds
1. To collaborate with users
of forest environment services (that are liable to entrust payment to the
funds) in determining the amounts to be paid by each user in each payment
period in the local areas.
2. To represent providers of
forest environment services in signing contracts with users of these services
liable to entrust payment to provincial-level forest protection and development
funds, defining responsibilities of each party to make and use payments for
forest environment services as a basis for supervising, checking and
identifying responsibilities of each part}' in the making and use of payment
for forest environment services.
3. To receive money
entrusted by users of forest environment services transferred by the Vietnam
forest protection and development fund and money directly paid by users of
forest environment services to provincial-level forest protection and
development funds.
4. To make payment for
forest environment services to forest owners on the basis of the quantity and
quality of their forests certified by the provincial-level Departments of
Agriculture and Rural Development (for forest owners being organizations) or
certified by a district-level specialized forestry agency designated by the
district-level People's Committee (for forest owners being households,
individuals and village communities) and to households contracted for forest
protection on the basis of requests of forest owners certified by commune-level
People's Committees.
5. To act as the focal point
in assisting competent state agencies in examining forest owners' provision of
forest environment services, payment to households contracted for forest
protection and payment by users of forest environment services.
6. To annually report to
provincial-level People's Committees and the Vietnam forest protection and
development fund on the collection and spending of payment for forest
environment services in localities.
7. For provinces and
centrally run cities which have not yet set up forest protection and
development funds for lacking conditions, agencies or organizations performing
tasks of a provincial-level forest protection and development fund shall
perform the tasks defined in this Article.
Article 18. Tasks of the
Vietnam forest protection and development fund
1. To collaborate with
provincial-level People's Committees in identifying payers of forest
environment services that are liable to entrust payment to the fund as
prescribed in Clause 3. Article 13 of this Decree: and determining the amount
to be paid by each service user in each payment period.
2. To represent providers of
forest environment services in signing contracts with users of these services,
liable to entrust payment to the Vietnam forest protection and development
fund, defining responsibilities of each party to make and use payment for
forest environment services as a basis for supervising, examining and
identifying responsibilities of each party in the making and use of payment for
forest environment services.
3. To receive payment of
users of forest environment services for transferring to provincial-level
forest protection and development funds.
4. To regulate and allocate
money collected from users of forest environment services to provincial-level
forest protection and development funds.
5. To act as the focal point
in assisting the Directorate of Forestry in examining the payment by users of
forest environment services to the fund and the use of amounts of payment
transferred by the fund to provincial-level forest protection and development
funds for proper purposes and to proper beneficiaries.
6. To annually review and
report to the Ministry of Agriculture and Rural Development on the situation of
collection and spending of payment for forest environment services nationwide.
Chapter III
RIGHTS AND OBLIGATIONS OF
USERS AND PROVIDERS OF FOREST ENVIRONMENT SERVICES
Article 19. Rights and
obligations of users of forest environment services
1. Rights:
a) To be notified by
competent state agencies in charge of forestry of the situation of protection
and development of forests providing forest environment services and on the
quantity and quality of these forests:
b) To be notified by forest
protection and development funds of results of payment for forest environment
services to forest owners;
c) To participate in the
examination and supervision by state agencies of the protection and development
of forests providing forest environment services;
d) To request competent
state agencies to consider and adjust payment for forest environment services
in case providers of these services fail to ensure proper forest areas or cause
degradation of forest quality for which adequate payment has been paid.
2. Obligations:
a) To declare by themselves
the amounts of money they have lo entrust to the forest protection and
development fund;
b) To make full payment for
forest environment services according to schedule as contracted to forest
owners (in case of direct payment) or to forest protection and development
funds (in case of indirect payment);
c) To be handled under law
for violations of Points a and b. Clause 2 of this Article, depending on the
nature and seriousness of these violations.
Article 20. Rights and
obligations of providers of forest environment services
1. Rights:
a) To request users of
forest environment services (in case of direct payment) or provincial-level
forest protection and development funds (in case of indirect payment) to make
payment for forest environment services under this Decree:
b) To be provided with
information on the values of forest environment services;
c) To participate in the
examination and supervision by state agencies of the payment for forest
environment services.
2. Obligations:
a) Forest owners shall
ensure that the areas of forests providing forest environment services be
protected and developed properly in line with forest protection and development
plans approved by competent state agencies;
b) Households contracted for
stable and permanent forest protection shall ensure that the areas of forests
providing forest environment services be protected and developed in accordance
with contracts signed with forest owners:
c) Forest owners that are
state organizations shall use amounts of payment for forest environment
services in accordance with this Decree;
d) Not to deforest or change
the use purpose of forests without permission;
e) To be handled under law
for violations of Points a, b. c and d, Clause 2 of this Article, depending on
the nature and seriousness of these violations.
Chapter IV
ORGANIZATION OF
IMPLEMENTATION
Article 21. Responsibilities
of concerned ministries and branches
1. The Ministry of
Agriculture and Rural Development shall assume the prime responsibility for,
and. coordinate with the Ministry of Natural Resources and Environment, the
Ministry of Finance and related ministries and branches in, performing the
following tasks:
a) To submit to the Prime
Minister for approval a plan for implementing the Government Decree on the
policy on payment for forest environment services;
b) To coordinate with
provincial-level People's Committees in identifying areas of forests providing
forest environment services located within two or more provinces and)or
centrally run city, and approving these areas for organizing the implementation
of this Decree;
c) To annually notify
provincial-level People's Committees of areas of forests providing forest
environment services located within two or more provinces, classified by area
of forest in each province entitled to payment for forest environment services:
d) To assume the prime
responsibility for, and coordinate with concerned ministries and branches in,
mobilizing financial, scientific and technical potential of organizations and
individuals at home and abroad for implementing this Decree:
e) To assume the prime
responsibility for, and coordinate with the Ministry of Finance and concerned
ministries and branches in. submitting to the Prime Minister for promulgation
levels of payment for forest environment services applicable to hydropower
plants with energy storage systems.
2. The Ministry of Natural
Resources and Environment shall assume the prime responsibility for, and
coordinate with the Ministry of Natural Resources and Environment the Ministry
of Finance and related ministries and branches in, promoting the implementation
of the policy on payment for forest environment services.
3. The Ministry of
Information and Communications shall guide and direct news and press agencies
in raising awareness and sense of responsibility of agencies, organizations and
people in forest protection and development and implementation of the policy on
payment for forest environment services.
4. Other concerned
ministries and branches shall, depending on their respective functions and
tasks of state management, proactively coordinate with the Ministry of
Agriculture and Rural Development in implementing this Decree.
Article 22. Responsibilities
of provincial-level People's Committees
1. To organize the
dissemination and popularization of the policy on payment for forest
environment services.
2. To direct
provincial-level Departments of Agriculture and Rural Developments to assume
the prime responsibility for, and coordinate with concerned provincial-level
departments and branches in, formulating and submitting to provincial-level
People's Committees for approval projects related to the implementationnbsp; of
the policy on payment for forest environment services, including those on:
a) Scrutinizing the
allocation of land and forests;
b) Allocating new land areas
and forests;
c) Contracting out forest
protection in a stable and permanent manner;
d) Investigating,
classifying and making statistics on providers and users of forest environment
services:
e) Mechanism of management
and use of payment for forest environment services.
3. To set up steering
committees for the implementation of the policy on payment for forest
environment services to be headed by chairpersons of provincial-level People's
Committees.
4. To assume the prime
responsibility for. and coordinate with the Vietnam forest protection and
development fund in directing provincial-level Departments of Agriculture and
Rural Developments and functional agencies in identifying payers for forest
environment services in each province liable to entrust payment for forest
environment services to the Vietnam forest protection and development fund, as
provided in Clause 3. Article 13 of this Decree. To notify the list to these
payers and report it to the Ministry of Agriculture and Rural Development for
monitoring and urging the implementation of the Decree.
5. To coordinate with
concerned ministries and branches in directing and examining the payment for
forest environment services by organizations and individuals in their
localities under this Decree.
6. To approve and ensure
stable areas and functions of forests providing forest environment services in
land use plans and forest protection and development plans.
7. To certify the list of
forest owners being organizations providing forest environment services to a
specific user of forest environment services at the request of the
provincial-level Departments of Agriculture and Rural Development.
8. To assign
provincial-level Departments of Agriculture and Rural Developments to act as
focal points in conducting takeover tests and assessment of the quantity and
quality of forests and give certification to forest owners being organizations
as a basis for making payment for forest environment services; to examine and
supervise forest owners being organizations in the exercise of powers and
performance of obligations provided in Article 20 of this Decree.
9. To direct district-level
People's Committees in performing the following tasks:
a) To organize the
dissemination, study and implementation of the policy on payment for forest
environment services as provided in this Decree;
b) To certify the list of
forest owners being households, individuals and village communities as
providers of forest environment services for a specific user of these services
at the request of the same-level specialized forestry agency certified by the
commune-level People's Committee;
c) To assign specialized
forestry agencies to act as focal points in conducting takeover tests and
assessment of the quantity and quality of forests and give certification to
forest owners being households, individuals and village communities as a basis
for periodical payment for forest environment services.
To examine and supervise
forest owners being households, individuals and village communities in the
exercise of powers and performance of obligations provided in Article 20 of
this Decree.
d) To participate in the
examination and supervision of the implementation of the policy on payment for
forest environment services in localities:
e) To direct chairpersons of
commune-level People's Committees to implement the provisions of this Decree
and certify lists of households signing forest protection contracts with forest
owners being state organizations for receiving payment for forest environment
services.
Article 23. Funds
Funds for the implementation
of this Decree include:
1. Funds for agencies,
organizations and units responsible for implementing projects related to the
payment for forest environment services shall be assured by the state budget
according to current budget decentralization regulations.
2. Financial assistance and
aid of organizations and individuals at home and abroad.
3. Funds from other sources.
Chapter V
IMPLEMENTATION PROVISIONS
Article 24. Effect
1. This Decree takes effect
on January 1, 2011.
2. The provinces of Lam Dong
and Son La and entities currently implementing the policy on payment for forest
environment services on a pilot basis under the Prime Minister's Decision No.
380/QD-TTg of December 31, 2010, shall continue the pilot implementation
through December 31, 2010, then shift to implementation of this Decree.
Article 25. Implementation
responsibility
The Minister of Agriculture
and Rural Development, concerned ministries and branches, and chairpersons of
provincial-level People's Committees shall implement this Decree.
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Source: Ministry of Justice of Vietnam
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