Decree No. 01/2019/ND-CP on Forest Rangers and Specialized Protection Forces of Forest Owners

DECREE

Regarding Forest Rangers and Specialized Forces for Forest Protection

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Forestry Law dated November 15, 2017;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates the Decree on Forest Rangers and Specialized Forces for Forest Protection of Forest Owners.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree specifies the tasks, powers, organization, equipment to ensure operations, and systems and policies regarding Forest Rangers; the tasks, powers, and measures to ensure operations of the Specialized Forces for Forest Protection of Forest Owners.

Article 2. Applicability

This Decree applies to Forest Rangers, Specialized Forces for Forest Protection of Forest Owners, and state agencies, organizations, and individuals related to the activities of Forest Rangers and Specialized Forces for Forest Protection.

Chapter II

TASKS, POWERS, ORGANIZATION AND SYSTEMS, POLICIES FOR FOREST RANGERS

Section 1

TASKS AND POWERS OF FOREST RANGERS

Article 3. Tasks and Powers of Central Forest Rangers

2. Directing, guiding, and inspecting forest management, protection, fire prevention and extinguishing, ensuring compliance with forestry laws throughout the country:

a) Implementing normative legal documents, programs, plans, schemes, projects on forest management, protection, fire prevention and extinguishing, ensuring compliance with forestry laws;

b) Monitoring forest conditions, conducting forest inventories, allocating forests, leasing forests, reclaiming forests, changing the purpose of forest use;

c) Organize struggles, prevention, and blocking of violations of law in forest management, protection, exploitation, utilization, transportation, purchase, sale, business, storage, processing of forest products as prescribed by law;

d) Organizing the protection of special-use forests, protective forests, and forests under national ownership where the State has not allocated or leased them;

đ) Conducting breeding, planting, and cultivation of forest plant and animal species; verifying, tracing, and confirming the origin of forest products;

e) Implementing fire prevention and extinguishing measures, organizing specialized forces for fire prevention and extinguishing;

g) Handling administrative violations and applying measures to stop administrative violations; initiating and investigating criminal cases involving violations of forestry laws according to the law;

h) Managing and using uniforms, weapons, support tools, and specialized equipment for Forest Rangers nationwide.

3. Implementing tasks related to forest management, protection, fire prevention and extinguishing, ensuring compliance with forestry laws throughout the country:

b) Struggle against, prevent, block, and ensure compliance with forestry laws; handle administrative violations and apply measures to stop administrative violations; initiate and investigate criminal cases involving violations of forestry laws according to the law;

c) Monitoring, forecasting, and warning about forest fire risks nationwide; organizing the establishment of specialized forces for fire prevention and extinguishing in key areas;

d) Managing specialized databases on forest management, protection, violation handling, forest conditions, fire prevention and extinguishing, and related databases within the scope of management;

đ) Communicating, informing, and promoting forestry laws;

e) Providing professional training and vocational training for Forest Rangers and Specialized Forces for Forest Protection nationwide;

g) Implement international cooperation in forest protection, fire prevention and firefighting, and combat illegal trade in forest products across borders according to assigned responsibilities and as prescribed by law;

h) Manage and use weapons, support tools, means, specialized equipment, uniforms according to the law; plan the provision of specialized equipment for forest management, protection, fire prevention and firefighting, and compliance with forestry laws;

4. Manage and direct Regional Forest Rangers to perform the tasks and powers of Central Forest Rangers concerning forest management, protection, ensuring compliance with forestry laws, and organizing specialized forces for fire prevention and firefighting within their assigned regions.

5. Performing other tasks as prescribed by law and assigned by competent state agencies.

Article 4. Tasks and Powers of Provincial Forest Rangers

1. Advising the head of the specialized agency assisting the People's Committee of the province in managing forestry affairs within the provincial territory:

a) Drafting programs, plans, schemes, and projects on forest management, protection, fire prevention and extinguishing, ensuring compliance with forestry laws;

b) Cooperating with other agencies, organizations, and forces on the territory to protect national forests that have not been allocated or leased by the State;

a) Develop and implement programs, plans, schemes, and projects on forest management, protection, fire prevention and firefighting, ensuring compliance with forestry laws.

b) Monitor forest conditions, conduct forest inventories, allocate forests, lease forests, reclaim forests, change forest types, and change forest land use purposes in accordance with the law.

c) Organize forest management and protection, establish and implement forest fire prevention and firefighting plans for forest owners.

d) Organize struggles, prevention, and blocking of violations of law in forest management, protection, exploitation, utilization, transportation, business, storage, processing of forest products; verify and confirm the origin of forest products for businesses engaged in processing, exporting, importing forest products;

a) Implement normative legal documents, programs, plans, schemes, projects on forest management, protection, fire prevention and firefighting, ensuring compliance with forestry laws within the assigned tasks according to the law;

b) Coordinate with forest owners to implement measures for forest protection, fire prevention and firefighting, ensuring compliance with forestry laws; conserve forest resources and biodiversity according to the law;

c) Monitor, forecast, and warn about forest fire risks; organize forces and means to cooperate with forest owners and local authorities to fight forest fires; when necessary, advise competent authorities to mobilize forces and means within the area to fight forest fires;

d) Organize specialized forces for forest fire prevention and firefighting; inspect safety regarding forest fire prevention and firefighting.

đ) Organize struggles, prevention, and blocking of violations of forestry laws; handle administrative violations and apply measures to stop administrative violations; initiate and investigate criminal cases involving violations of forestry laws according to the law;

e) Provide information, propaganda, dissemination, mobilization, and education on forestry laws.

g) Train and provide professional training for Forest Rangers and specialized forest protection forces.

h) Manage and use military weapons, support tools, equipment, and uniforms in accordance with the law.

4. Perform other tasks as prescribed by law and assigned by competent state authorities.

Article 5. Tasks and Authorities of Forest Rangers at the District Level

1. Advise the head of Forest Rangers at the provincial level and the People's Committee at the district level:

a) Develop programs, plans, and schemes for forest management, protection, fire prevention, and firefighting to ensure compliance with forestry laws within their jurisdiction.

b) Coordinate with other agencies, organizations, and forces on the territory to protect state-owned forests that have not been transferred or leased out.

c) Allocate forests, lease forests, and reclaim forests for households, individuals, and community groups.

2. Implement tasks related to forest management, protection, fire prevention, and firefighting to ensure compliance with forestry laws within the assigned jurisdiction:

a) Implement legal regulatory documents, programs, plans, schemes, and projects concerning forest management, protection, fire prevention, and firefighting to ensure compliance with forestry laws.

b) Guide and inspect the development of forest management and protection plans; fire prevention and firefighting schemes of forest owners; coordinate with forest owners to implement measures for forest management, protection, fire prevention and firefighting, ensuring compliance with forestry laws within the managed areas;

c) Monitor forest conditions and conduct forest inventories.

d) Train and guide fire prevention and firefighting skills for grassroots forest protection teams; build grassroots fire prevention and firefighting forces and teams.

đ) Provide timely information on forest fire forecasts and warnings; implement preventive measures against forest fires; advise competent authorities to mobilize forces and means within the area to fight forest fires;

g) Organize struggles, prevention, and blocking of violations of forestry laws; handle administrative violations and apply measures to stop administrative violations; initiate and investigate criminal cases involving violations of forestry laws according to the law;

h) Promote and disseminate laws; mobilize the public to participate in forest management, protection, and development.

i) Manage and use military weapons, support tools, equipment, and uniforms according to the law.

k) Implement reporting and information systems regularly and as required by competent state management agencies.

4. Perform other tasks as prescribed by law and assigned by competent state authorities.

Article 6. Tasks and Authorities of Forest Rangers in Specialized Forests and Protective Forests

1. Develop programs and plans for forest protection, fire prevention and firefighting, ensuring compliance with forestry laws within the management scope of the Specialized Forest Management Board and Protective Forest Management Board.

2. Coordinate with the Specialized Forest Management Board, Protective Forest Management Board, County Forest Rangers, and other competent agencies on the territory to establish cooperation regulations, implement programs and plans for forest management and protection, fire prevention and firefighting, organize preventive struggles, and ensure compliance with forestry laws within the assigned scope.

3. Handle administrative violations and apply measures to prevent administrative violations; initiate criminal proceedings and investigate criminal cases involving violations of forestry laws according to the provisions of the law within the assigned scope and authority.

4. Promote legal education and mobilize the public in areas related to forest protection, fire prevention and firefighting.

5. Monitor information forecasts and warnings of forest fire risks; coordinate with the Specialized Forest Management Board, Protective Forest Management Board, and local authorities to implement fire prevention and firefighting measures, and report to competent authorities to mobilize forces and equipment for firefighting if necessary.

6. Manage and use military weapons, support tools, means, specialized equipment, and uniforms according to the provisions of the law.

7. Implement reporting and information systems regularly and upon request from competent state management agencies.

8. Perform other tasks as prescribed by law and assigned by competent state agencies.

1. Forestry officials when performing official duties must comply with their assigned responsibilities, tasks, and authorities, and bear responsibility for their performance according to this Decree and the law; they must wear uniforms, insignias, forestry badges, and nameplates as prescribed.

2. Request relevant agencies, organizations, and individuals to provide information, documents, evidence, inspect scenes, search places where illegally stored forest products are kept, seize, temporarily detain, and preserve evidence, and inspect means of transportation used for illegal forest product transport according to their authority and the law.

3. Handle administrative violations and apply measures to prevent administrative violations. The Central Forest Ranger Chief, Regional Forest Ranger Chief, Provincial Forest Ranger Chief, County Forest Ranger Chief, and Specialized Forest and Protective Forest Ranger Chiefs have the authority to initiate criminal proceedings and investigate criminal cases involving violations of forestry laws according to the law.

4. Being equipped and using weapons, auxiliary tools, uniforms, means, and specialized equipment as prescribed by law.

5. Perform other tasks and authorities assigned according to the provisions of law.

Section 2

FORESTRY RANGER ORGANIZATION

The Central Forest Ranger Organization is an administrative body under the advisory agency assisting the Minister of Agriculture and Rural Development in state management of forestry affairs.

The Provincial Forest Ranger Organization is an administrative body under the specialized agency of the People's Committee at the provincial level, advising and assisting the People's Committee at the provincial level in state management of forestry affairs.

Article 10. District Forest Ranger Organization

2. Criteria for Establishing District-level Forest Ranger Stations:

a) Having a forest area of 3,000 hectares or more;

b) Having less than 3,000 hectares of forest but required to fulfill management and protection tasks, ensuring compliance with forestry laws, fire prevention and firefighting, forest development, forest utilization, wood processing, trade, and other forestry tasks in the area;

c) In cases where the criteria set out in points a and b of this clause are not met, a multi-district Forest Ranger Station shall be established.

3. Based on criteria for establishing County Forest Ranger Organizations and requirements and tasks for forest management and protection and other forestry tasks in the locality, the People's Committee at the provincial level decides to establish, reorganize, or dissolve County Forest Ranger Organizations and Joint County Forest Ranger Organizations.

1. Forest protection organizations for special purpose forests and protective forests are administrative organizations under the Central Forest Protection Service for special purpose forests and protective forests managed by the central government; they are under the provincial forest protection service for special purpose forests and protective forests managed by local authorities.

2. Criteria for establishing forest protection organizations for special purpose forests and protective forests:

a) Forest protection organizations for special purpose forests shall be established in National Parks; nature reserves, species and habitat conservation areas with an area of 15,000 hectares or more;

b) Forest protection organizations for protective forests shall be established in upstream protective forests, windbreak forests, sand dune stabilization forests, wave barrier and land reclamation forests with an area of 20,000 hectares or more.

3. Based on the criteria for establishing forest protection organizations for special purpose forests and protective forests and management requirements and tasks, the Ministry of Agriculture and Rural Development decides to establish, reorganize, or dissolve forest protection organizations for special purpose forests and protective forests under central management; the People's Committee of the province decides to establish, reorganize, or dissolve forest protection organizations for special purpose forests and protective forests under local management.

Section 3

EQUIPMENT TO ENSURE OPERATIONS AND REGULATIONS, POLICIES FOR FOREST PROTECTION ORGANIZATIONS

Article 12. Equipment to ensure operations for Forest Rangers

1. Forest Rangers shall be uniformly equipped with uniforms, ranger insignia, arm patches, rank badges, flags, traditional banners, and ranger certification papers:

a) The forest ranger uniform includes autumn-winter clothing, spring-summer clothing, ceremonial attire, and accompanying accessories;

b) The ranger insignia is attached to the hat;

c) The arm patch is attached to the left sleeve;

d) The rank badge is attached to the shoulder strap or collar;

đ) The flag is attached to patrol and inspection vehicles of the Forest Rangers;

e) The traditional banner is used during commemorative meetings marking the traditional day of the Forest Rangers, and when receiving high honors bestowed by the Party and State;

g) The forest protection certificate is issued to forest rangers to perform their duties and powers as prescribed by law; it serves as proof that the holder is a forest ranger performing their duties.

Attached hereto as Appendix I of this Decree is the specification on uniforms, ranger insignia, arm patches, rank badges, flags, traditional banners, and ranger certification papers.

2. Forest protection organizations are equipped and use weapons and support tools as prescribed by law; they are provided with advanced specialized equipment to perform forest management tasks, monitor forest conditions, prevent and extinguish forest fires, patrol, inspect, combat, prevent, and handle violations of laws in the forestry sector.

3. Funding to ensure the operations of Forest Rangers shall be allocated from the state budget and other sources as prescribed by law.

a) The central budget ensures regular operating expenses, procurement, and provision of military weapons, support tools, means, and specialized equipment for forest rangers under central management;

b) Local budgets ensure regular operating expenses, procurement, and provision of military weapons, support tools, means, and specialized equipment for forest rangers under local management.

Article 13. Regulations and Policies for Forest Rangers

1. Forest rangers enjoy salary scales, grades, positions, and other benefits as prescribed by law.

Chapter III

TASKS, POWERS, AND ASSURANCE OF OPERATIONS FOR THE SPECIALIZED FORCE TO PROTECT FORESTS OF THE FOREST OWNERS

Article 14. Tasks and Powers of the Specialized Force to Protect Forests

1. Patrol and inspect protected forests and land planned for forestry; implement preventive measures to stop acts of deforestation, encroachment on forests, logging, and other violations of laws related to forest management and protection within the assigned area.

2. To organize the implementation of fire prevention and firefighting plans and measures; coordinate in publicizing and mobilizing local residents to participate in forest protection and firefighting activities.

3. Timely report to the forest owner and the forest protection agency about the situation of forest protection; comply with the direct guidance and management of the forest owner and the professional and operational guidance of the forest protection agency; strictly adhere to all legal regulations while performing duties.

4. Inspect and prevent violations of laws regarding forest management, protection, and development, and forest product management; prepare initial inspection records, secure the scene, preserve evidence of violations, and promptly report to the competent authority for handling according to the law.

5. To use support tools, uniforms, means, and specialized equipment as prescribed by law.

6. To perform other tasks assigned by the forest owner.

Article 15. Organization of the Specialized Forest Protection Force

1. Management boards of special purpose forests and protective forests where forest protection organizations are not established; state-owned enterprises and non-military organizations entrusted with forests, leased forests, and forest land by the State shall organize dedicated forest protection forces.

2. The Specialized Forest Protection Force consists of civil servants and contractual workers; the number of civil servants and contractual workers shall be implemented in accordance with the provisions of the law.

Article 16. Ensuring the Operation of the Specialized Forest Protection Force

1. Dedicated forest protection forces are equipped with support tools, means, specialized equipment, labor protection gear, and other necessary equipment for forest protection and fire prevention and extinguishing; they are provided with uniforms as stipulated in Appendix II attached to this Decree.

2. Regulations and policies for the Specialized Forest Protection Force:

a) Staff members of the dedicated forest protection force of the forest owner are entitled to salaries and other benefits as prescribed by law;

3. Dedicated forest protection forces are trained in professional and operational matters concerning forest management and protection, forest development; priority is given to patrolling, inspection, forest protection, fire prevention and extinguishing, pest control, and preventing and stopping violations of laws related to forest management and protection; managing and using support tools according to the law.

4. Funding to ensure activities of the Specialized Forest Protection Force of the forest owner:

a) For the forest owner being a public service unit, the operating funds shall be implemented in accordance with the law on the operation of public service units;

b) For other forest owners who self-fund the operations of the dedicated forest protection force as prescribed by law.

Article 17. Responsibilities of the Forest Owner towards the Specialized Forest Protection Force

1. Directly manage and guide the activities of the dedicated forest protection force; organize the construction of a dedicated forest protection force with sufficient capacity and quality to meet the requirements of the tasks; coordinate with forest protection services and other forces in the area to protect the forest.

2. Ensure funding for operations, salaries, and other benefits; working means and equipment, support tools, uniforms, professional training for the Specialized Forest Protection Force in accordance with the regulations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 18. Responsibilities of Agencies

1. Responsibilities of the Ministry of Agriculture and Rural Development:

a) Uniformly guide professional and operational activities, inspect and supervise the activities of Forest Rangers nationwide;

b) Coordinate with relevant ministries and sectors to set professional and operational standards for forest ranger civil servants; coordinate to advise the competent authority to set policies for forest rangers and the dedicated forest protection force of the forest owner;

c) Manage staffing, ensure funding, and operational conditions for forest rangers and staff members of the dedicated forest protection force in public institutions under central management as prescribed.

2. Responsibilities of relevant ministries and sectors:

Based on their functions, tasks, and powers, relevant ministries and sectors shall coordinate with the Ministry of Agriculture and Rural Development to implement the provisions of this Decree.

3. Responsibilities of the People's Committee at the provincial level:

a) Guide, inspect, and supervise the activities of Forest Rangers and the Specialized Forest Protection Force of the forest owner in the locality;

b) Direct the People's Committees at the district and commune levels to implement forest management and protection measures in their areas; coordinate between forest protection services and the dedicated forest protection force of the forest owner with relevant agencies in the area, mobilizing the forces and means of organizations and individuals within their authority to protect the forest, prevent and extinguish forest fires;

c) Manage staffing, ensure funding, and operational conditions for forest rangers and staff members of the dedicated forest protection force in public institutions under local management as prescribed.

Article 19. Effective Date

1. This Decree takes effect from February 15, 2019.

2. The Decree No. 119/2006/NĐ-CP dated October 16, 2006 of the Government on the organization and operation of Forest Rangers; and the Decision No. 44/2016/QĐ-TTg dated October 19, 2016 of the Prime Minister on the dedicated forest protection force of the forest owners shall cease to be effective from the date this Decree takes effect.

Article 20. Transitional Provisions

In cases where the Specialized Forest Management Board or the Protective Forest Management Board currently has a Ranger Station, when implementing the dissolution of the Ranger Station and transitioning to the organizational model of a dedicated forest protection force in accordance with Article 15 of this Decree, those officials who have been classified as Rangers and are currently receiving job incentive allowances and seniority allowances will continue to retain these allowances at their current levels until a new policy replaces the current salary and allowance system.

Article 21. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and municipal people's committees directly under the central government shall be responsible for enforcing this Decree./.