Decision No. 03/2004/QD-BNN Issuing the Regulation on the Organization and Operation of Yok Don National Park

DECISION

ISSUING REGULATIONS ON THE ORGANIZATION AND OPERATIONS OF NATIONAL PARKS

 YOK DON

 

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

          Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

          Pursuant to Decision No. 39/2002/QD-TTg dated March 18, 2002 of the Prime Minister on expanding Yok Don National Park in Dak Lak Province;

          Pursuant to Decision No. 301/TCLD of the former Ministry of Forestry, now the Ministry of Agriculture and Rural Development dated June 24, 1992 on the establishment of Yok Don National Park;

          Considering the proposal of the Director of Yok Don National Park regarding the approval of the Regulations on the organization and operations of Yok Don National Park (document No. 346/VQG-TC dated October 10, 2003) and the Head of the Personnel Department,

DECISION:

          Article 1. These Regulations are promulgated along with this Decision.

          Article 2. This Decision takes effect 15 days from the date of publication in the Official Gazette. It replaces Decision No. 2428/NN-TCCB/QD dated September 20, 1997 of the Minister of Agriculture and Rural Development on the approval of the Regulations on operations and management of Yok Don National Park.

          Article 3. The Heads of the Office, the Personnel Department, the Heads of relevant agencies and units under the Ministry, and the Director of Yok Don National Park are responsible for implementing this Decision./.

REGULATIONS

ORGANIZATION AND OPERATIONS OF YOK DON NATIONAL PARK
(Pursuant to Decision No. 03/2004/QD-BNN-TCCB dated January 28, 2004 of the Minister of Agriculture and Rural Development)

Chapter 1

General Provisions

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These Regulations stipulate the organization and operations of Yok Don National Park under the Ministry of Agriculture and Rural Development.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

These Regulations apply to officials, civil servants, employees working at Yok Don National Park and organizations and individuals related to the activities of the Park.

Article 2. Basis and Legal Status

1. Yok Don National Park was established and operates based on Decision No. 352/CT dated October 25, 1991 of the Chairman of the Council of Ministers (now the Prime Minister) approving the economic and technical justification for Yok Don National Park; Decision No. 301/TCLD dated June 24, 1992 of the Ministry of Forestry (now the Ministry of Agriculture and Rural Development) establishing Yok Don National Park; Decision No. 178/QD/BNN/TCCB dated February 27, 1999 of the Ministry of Agriculture and Rural Development on reorganizing the organizational structure of Yok Don National Park; Decision No. 39/2002/QD-TTg dated March 18, 2002 of the Prime Minister on expanding Yok Don National Park in Dak Lak Province.

2. Yok Don National Park is a public service unit under the Ministry of Agriculture and Rural Development. Yok Don National Park (hereinafter referred to as the Park) has legal personality, its own seal, operational funds provided by the state budget, and is allowed to open accounts at banks and state treasuries according to the provisions of the law.

The headquarters of the Park is located at Buon Zang Lang, Krong Na Commune, Buon Don District, Dak Lak Province. Telephone: (050)789049;783053;783061;783054; Fax: (050)783053. Representative office: No. 146 Nguyen Tat Thanh Street, Buon Ma Thuot City, Dak Lak Province. Telephone: (050)852559.

Article 3. Location, Geographic Coordinates, and Management Scope of Yok Don National Park

1. Geographical Location

Yok Don National Park is situated within seven communes of three districts: Krong Na, Ea Huar, and Ea Ver communes in Buon Don District; Ea Bung and Ch M'Lanh communes in Ea Sup District; and Ea Po and Dak Wil communes in Cu Jut District, Dak Lak Province.

The boundaries of Yok Don National Park must be clearly defined on maps and on the ground using markers, signboards, and detailed records. The boundaries are as follows:

North: From the intersection of Ch M'Lanh following Provincial Road 17 to Border Post No. 2 to the Vietnam-Cambodia border.

East: From the intersection of Ch M'Lanh following Provincial Road 1A to Ban Don, upstream along the Srepok River to Ea N'dri Stream (administrative boundary between Buon Don and Cu Jut districts).

South: Along the administrative boundary between Cu Jut and Buon Don districts intersecting Route 6B at kilometer 22+500 and following Route 6B to Dak Dam Stream adjacent to the Vietnam-Cambodia border. West: Adjacent to the Vietnam-Cambodia border.

2. Geographic Coordinates

From 12⁰45 to 13⁰ 10' north latitude.

From 107⁰29 30" to 107⁰48 30" east longitude.

3. Total Natural Area: 115,545 hectares (of which forest land: 114,869.7 hectares, accounting for 99.4% of the total area of the National Park; agricultural land: 369.2 hectares; other land: 306.1 hectares), divided into three functional zones:

Strict Protection Zone: 80,947 hectares, covering the entire western part of the National Park, including forest areas along the Vietnam-Cambodia border, including Mount YokDon, Mount YokDa, and northern mountain ranges of the newly expanded area.

Ecological Restoration Zone: 30,426 hectares. This includes the ecological restoration zone of the old National Park and the exploitation areas of Buon Drang Phok and Buon Don Forest Enterprises in the expanded area, which is a migration and habitat for many species of animals.

Administrative Service Zone: 4,172 hectares. This zone runs along a section of the Srepok River adjacent to the buffer zone and the ecological restoration zone.

4. Buffer Zone: The buffer zone of Expanded Yok Don National Park has an area of 133,890 hectares, including the surrounding communes of the Park such as Ea Bung, Ch M'Lanh, Krong Na, Ea Huar, Ea Ver, and Ea Po.

Article 4. Principles of Operation of Yok Don National Park

1. Adhere to the management regulations for special-use forests in Vietnam; legal normative documents of the State and according to programs, plans, or projects approved by competent authorities.

2. Implement the mechanism of Party leadership, with workers and officials as the main subjects, represented by trade unions participating in management, and the Director being responsible for managing and directing operations.

Chapter 2

Functions, tasks, organizational structure

of Yok Don National Park

Article 5. Functions

Yok Don National Park has the function of conserving genetic resources of flora and fauna in tropical forest ecosystems in the Central Highlands region, creating conditions for research and international cooperation while expanding eco-tourism services and environmental education.

Article 6. Duties

Protect forest resources, protect diverse and rich forest ecosystems within the boundaries of the national park's planning area.

Conserve scientific values for typical flora and fauna systems in the Central Highlands region, particularly large mammals such as elephants, gaur, banteng, tigers, leopards, clouded leopards, etc.

Develop and enhance the infrastructure of the national park, creating conditions for research and conservation of typical flora and fauna in the Central Highlands region. Simultaneously, create conditions for promoting domestic and international scientific research cooperation, serving training and study tours as stipulated in Decision No. 08/2001/QĐ-TTg dated January 11, 2001 of the Prime Minister on the management regulations for special-use forests, protective forests, and natural production forests.

Leverage the strength of natural scenery to develop eco-tourism, guide and assist local people to create jobs, participate in tourism service activities to continuously improve their living standards, contribute to the socio-economic development of the locality, protect the ecological environment, and safeguard border security of the country.

Organize environmental education activities in accordance with regulations.

Article 7. Organizational Structure of Yok Don National Park

1. Management Board:

The Yok Don National Park Management Board consists of the Director and Deputy Directors.

2. Supporting Staff for the Director:

Administrative Organization Department.

Planning and Finance Department.

Technical Department.

3. Subordinate units:

Forest Ranger Station.

Service, Eco-tourism, and Environmental Education Center.

Article 8. Functions and Tasks of Professional Departments and Subordinate Units

1. Administrative Organization Department

The department has the following main responsibilities:

a) Personnel work:

Monitor and manage comprehensive personnel files and related files concerning organizational, labor, and salary matters.

Propose to the Director of the Park regarding the organizational structure, functions, and specific assignments for individuals within units under the authority of the Park as prescribed.

Draft proposals to the Director of the Park regarding planning, training, promotion, deployment, and advancement of staff according to the classification of the Ministry.

Assist the Director in monitoring personnel work, implementing annual performance evaluations of staff and officials according to the Ministry's management classification and legal provisions.

Advise the Director on the appointment, rotation, commendation, and disciplinary actions for staff and officials managed by the Park.

Guide annual civil servant recruitment and rank advancement examinations according to the Ministry's regulations; advise the Director on recruitment procedures and complete approval processes for the Ministry's review.

Propose annual salary grade advancements for Park staff and officials. Advise the Director on resolving salary, social insurance, health insurance, and other benefits for employees.

Directly monitor and implement internal political security protection; secure file storage confidentiality, and protect the economic and political security of the Park.

Assist the Director in performing inspection duties and resolving complaints and accusations as prescribed.

Compile reports and statistics annually on organization, personnel, labor, training, and promotion as prescribed.

Participate in the salary council; disciplinary council; commendation council of the Park.

Perform other tasks assigned by the Park Director.

b) Administrative Management Work:

Propose the Park's program and plan; monitor, urge implementation, and compile periodic and ad hoc reports to the Park Director on the Park's performance.

Draft and submit to the Director internal working rules of the Park; monitor, urge, and inspect subordinate units' compliance with internal regulations.

Ensure order, discipline, and internal rules according to the Park's working rules.

Organize meetings, work sessions, receptions, and business trips for the Park's Management Board; monitor and urge the execution of decisions and convey the Director's instructions to subordinate units.

Lead the proposal to the Director on internal cooperation mechanisms within the Park and between the Park and related units.

Implement administrative, archival, information, and health-related tasks of the Park as prescribed; protect property, order, safety, medical care, and environmental hygiene throughout the unit (both Buon Don Office and Buon Ma Thuot Representative Office areas); manage seals of subordinate units according to regulations.

Conduct activities at the two office working areas according to the tasks assigned to each department and individual.

Compile, update information and report promptly to the Director for handling and provide timely to relevant departments.

Manage and operate means of transportation for work and travel within the Garden.

Perform reception, protocol, and guide visitors to the functional departments as prescribed.

Prepare plans for purchasing office equipment and propose repair plans for basic construction projects.

Organize and rearrange dining and accommodation facilities to serve staff and visitors effectively.

Summarize monthly, quarterly, and annual reports and outline the tasks and objectives for the month, quarter, and year of the administration. Compile annual performance review reports from grassroots units to write the Garden's achievement report.

Perform other tasks assigned by the Park Director.

2. Planning and Finance Department

The Department has the following main responsibilities:

a) Planning work:

Aggregate and develop annual basic construction plans for the Garden Director to submit to the Ministry for approval; assist the Director in implementing approved plans and forecasting completion plans for the year.

Assist the Director in preparing and submitting design budgets for projects included in the approved plan to the Ministry; review project components recorded in economic and technical justifications, total budgets, and approved projects to formulate annual plans.

Assist the Director in monitoring, urging, and supervising the progress of ongoing construction projects within the annual plan.

Develop annual operational capital plans to submit to authorized bodies for approval.

Advise the Director on completing procedures for design contracts, budget estimates, bidding, and direct award construction contracts for basic construction projects as stipulated by the state.

Report progress and completed workload to the Director.

Perform other tasks assigned by the Park Director.

b) Financial accounting work:

Aggregate funds approved by the Ministry for project components (including operational funds, basic construction funds, and projects).

Submit monthly and quarterly budget expenditure plans to the Director according to approved categories.

Prepare quarterly, six-month, and annual settlement reports as required by the Ministry.

Establish procedures for payment of completed project values in stages to supply funds to Party B as stipulated in the contract.

Prepare payment documentation for completed projects.

Aggregate payment documentation for completed projects in the year for the Director to submit to the Ministry at the end of the plan year.

Regularly check income, expenditures, and settlements. Implement income and expenditure management and accounting documentation according to current state regulations.

Report to the Director on the results of managing and using the unit's financial resources during the plan year.

Perform other tasks assigned by the Park Director.

3. Technical Department

The Department has the following main responsibilities:

Develop research projects and topics; assist the Director in managing and organizing the implementation of approved scientific research topics.

Cooperate with domestic and foreign experts in forestry science, natural resource protection, and environmental fields; with national parks, nature reserves, bureaus, departments, institutes, universities, and research centers to study and apply scientific topics at the Garden or multiple Gardens with similar research content.

Provide information, advice, and training on scientific and technological skills, biodiversity conservation, and sustainable forest resource development for forest rangers and key personnel in buffer zone areas.

Archive documents on forest flora and fauna resources of the Garden and other supporting research materials.

Design encirclement cultivation and forest management and protection models.

Design agricultural and forestry extension models and direct the implementation of pilot models, organize the widespread transfer of technology and techniques.

Assist the Director in establishing and managing the Botanical Garden.

Perform other tasks assigned by the Park Director.

4. Forest Ranger Station

a) Functions and Responsibilities:

The Forest Ranger Station under the National Park is established by the Minister of Agriculture and Rural Development.

The Forest Ranger Station is a public service entity for forest protection, responsible for protecting forests within the jurisdiction of the Yok Don National Park, enforcing laws as prescribed. The Forest Ranger Station has legal personality and its own seal to perform official duties as prescribed by law.

The Forest Ranger Station is subject to the direction and management of organizational structure, staffing, and operations by the National Park, while also being directed and inspected for professional matters by the Provincial Forest Protection Service of Dak Lak Province.

The main responsibilities of the Forest Ranger Station include:

Draft and submit to the Director programs, plans, and measures for forest and forest land protection; organize and be responsible for their implementation as approved.

Monitor annual changes in forest resources within the jurisdiction of the National Park.

Inspect the fulfillment of contractual management and protection tasks for households and communities in the buffer zone.

Guide households contracted for forest management and protection to clear firebreaks and boundary paths, set up boundary markers for the National Park, compartments, and posting boards for forest protection.

Regularly inspect and control within the National Park area to detect, prevent, and promptly address illegal logging and harmful acts against forest resources.

Organize training and education campaigns for local residents on the Law on Forest Protection and Development and related forestry regulations to enhance community awareness of forest management and protection.

Directly handle violations of the Law on Forest Protection and Development and special forest regulations within the National Park's jurisdiction according to authority; in cases exceeding authority, report to the local Forest Protection Service for handling.

Coordinate with the local People's Committee, village, commune, county-level agencies, and other organizations within the area to establish agreements, plans, and measures for forest protection within the National Park's jurisdiction.

Summarize forest protection conditions within the National Park, report to the Director and the Forest Protection Bureau as required.

Organize mid-year and annual reviews of forest management and protection work, including forest management contracts at commune-based facilities. Propose commendations to the Director for collectives and individuals with outstanding achievements in forest management and protection work.

Directly instruct the Forest Rangers Stations and Mobile Ranger Teams to perform their duties in managing and protecting forests, preventing and combating forest fires within the assigned management areas.

Perform other tasks assigned by the Park Director.

b) Organization structure:

The Forest Rangers Station shall have a Station Chief and several Deputy Station Chiefs. The Forest Rangers Station shall establish Forest Ranger Stations according to regulations.

Allocate five staff members per station to carry out the assigned tasks of the Station within the area of 9-11 forest compartments; simultaneously cooperate with other Forest Ranger Stations to patrol and manage key forest areas.

Functions, responsibilities, and authority of the Forest Ranger Stations, Mobile Teams, and their working relationships shall be stipulated by the Director of Yok Don National Park.

5. Service, Ecotourism, and Environmental Education Center

a) Functions and Responsibilities:

The Service, Ecotourism, and Environmental Education Center (referred to as the Center) is a self-financing public service unit under Yok Don National Park, operating on a dependent accounting system, having its own seal for transactions and being allowed to open a bank account according to regulations.

The Center's headquarters is located at the Yok Don National Park Office in Krông Na Commune, Buôn Đôn District, Dak Lak Province. The Center has a transaction office at No. 146 Nguyen Tat Thanh Street, Buon Ma Thuot City.

Function: Combine the use of special-purpose forests to organize service, ecotourism, and environmental education activities within Yok Don National Park; implement advisory, guidance, and supervision of tourism enterprises leasing special-purpose forests for ecotourism projects approved by competent authorities.

Duties:

Organize ecotourism service activities; advise on design and construction of related ecological works; provide scientific research services and cooperation.

Organize environmental education and forestry vocational training activities.

b) Organization structure:

The Center shall have a Director, one Deputy Director assisting the Director, and an assistance department for the Director of the Center.

Specific tasks of the Center, the assistance department for the Director of the Center, and the operational regulations of the Center shall be stipulated by the Director of the Park.

 

Chapter 3

Authority and responsibility of the Director and Deputy Director;

working relationship and working regime

Article 9. Responsibilities and Authority of the Director and Deputy Directors

The Director and Deputy Directors of the National Park are appointed by the Minister of Agriculture and Rural Development according to regulations.

shall be responsible for verifying a high risk of relapse for non-voluntary individuals registering for vocational training and employment resolution facilities.

Manage the operation of the Park; be responsible before the Minister of Agriculture and Rural Development and the law regarding the operation of the Park and the implementation of tasks assigned by the Ministry.

Supervise the general implementation of programs, research topics, development projects, and other tasks managed by the Park.

Coordinate with functional departments to submit to the Ministry for decision-making on the positions of Deputy Directors, Chief Accountants, or other positions as prescribed by the Ministry. Decide on the appointment, dismissal, rotation, salary increase, commendation, disciplinary action, training, and resolution of benefits for employees of the Park according to the Ministry's classification and legal provisions.

Directly assign tasks to Deputy Directors assisting the Director, Heads of Departments, and subordinate units of the Park.

Organize the implementation and take responsibility for the implementation of democratic regulations within the agency; various systems and policies; evaluate employees periodically according to regulations.

Determine the number of staff for business departments and subordinate units within the authorized staffing quota by the Ministry.

Assign and utilize employees of the Park in accordance with job titles and standards for civil servant and state employee ranks as prescribed by laws on cadres and civil servants.

Submit to the Ministry for approval the operational regulations, budget plans, basic construction plans, programs, and projects of the Park and be responsible for their implementation.

Inspect and supervise the activities of the Park and handle issues arising during the implementation of functions and tasks assigned by the Ministry.

Be the account holder for allocated financial resources and be responsible for managing expenditures from funds managed by the Park according to legal provisions and approved activity plans and budgets.

Be responsible for implementing tasks according to the Working Regulations between the Forest Protection Department and National Parks issued by the Ministry; perform other tasks as prescribed by law or assigned by the Minister of Agriculture and Rural Development.

2. Deputy Directors

Deputy Directors assist the Director and undertake specific tasks assigned by the Director; be responsible before the Director and the law for the performance of assigned tasks.

Article 10. Work Relations

1. Work relations between the Director and the Departments, subordinate units.

The Heads of Departments, Forest Rangers Station Chiefs, Directors of Service, Ecotourism and Environmental Education Centers (referred to collectively as the Departments) shall be directly under the direction of the Director or Deputy Director assigned by the Director regarding the performance of their functions, tasks, and authorities as stipulated in Article 8 of this Regulation.

The Heads of Departments shall be responsible to the Director for all activities of their units according to the assigned functions and tasks.

Work relations among Departments are cooperative relations aimed at resolving common tasks of the Park.

The work relation between functional Departments and subordinate units (Stations, Teams) is a guidance and direction relationship concerning specialized professional matters.

Staff members of the Departments shall be directly under the direction of the Department Head regarding their assigned professional tasks; they have obligations and rights as prescribed by law.

2. Relations between the Park and local people, local authorities in the buffer zone and other organizations

a) For local authorities and people living in the buffer zone:

Cooperate in promoting policies of the Party and State related to the interests, economic and social development of the buffer zone, and benefits derived from protecting the National Park.

Participate in providing opinions on plans and projects for investment and socio-economic development, protection, development, and utilization of forests and forest land in the buffer zone.

Participate and support local authorities in building a stable livelihood for people living in the buffer zone; encourage and prioritize community participation in tourism service activities.

Coordinate in supervising and inspecting the implementation of forest protection and development plans for local people and organizations in the buffer zone approved by competent authorities.

Develop plans and organize annual peripheral area meetings to strengthen forest protection cooperation between local authorities and the National Park.

Establish and maintain direct administrative relations with the People's Committee of Dak Lak Province, People's Committees of Buon Don, Jut, Ea Sup districts, and People's Committees of buffer zone communes to ensure the completion of assigned tasks and the development of the Park.

b) With other organizations:

The Park may establish relations with other National Parks and Conservation Areas nationwide regarding professional matters; cooperate with domestic and international scientists in scientific research collaboration.

Article 11. Working System

Heads of units are responsible for reporting the implementation of tasks in writing to the Director for consolidation and reporting to the Ministry of Agriculture and Rural Development, relevant agencies, and units periodically and annually.

The Park organizes mid-year and year-end summary meetings; organizes employee conferences to evaluate operational results and propose directions and measures for the following year.

Weekly, monthly meetings, or ad hoc meetings as decided by the Park Director.

Chapter 4

Implementation Provisions

Article 12. Responsibility for Implementation

1. The Director of Yok Don National Park is responsible for implementing this regulation and directing staff, civil servants, and officials within the Park to implement it.

2. In the course of implementation, if there are difficulties, the Director of Yok Don National Park shall propose additional or amended contents for submission to the Ministry for consideration and decision./.