Decision No. 07/2012/QD-TTg Issuing Certain Policies to Strengthen Forest Protection Work

Pursuant to …;

Issuing certain policies to strengthen forest protection work

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PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

The Government issues this Decree on mechanisms and policies to encourage forest protection, encirclement and regeneration of forests, afforestation, development of non-timber forest products, and increased income in connection with policies to quickly reduce poverty, sustainably and to support ethnic minority groups during the period 2015-2020.

Pursuant to Decree No. 23/2006/NĐ-CP dated March 3, 2006 of the Government on the implementation of the Law on Forest Protection and Development;

Considering the proposal of the Minister of Agriculture and Rural Development,

DECISION:

Article 1. Objectives

Issuing certain policies and measures to enhance the effectiveness of forest protection, promote socialization, attract various economic sectors, organizations, and people to participate in forest protection, create jobs, increase income, contribute to poverty reduction, improve living standards for the people, and contribute to maintaining national security and defense.

Article 2. Delegation of State management responsibilities for forests and forestry land to People's Committees at all levels

1. Responsibilities of the People's Committee of provinces and centrally governed cities (hereinafter referred to as provincial People's Committee).

a) Issuing legal documents within their authority on forest protection and forestry land management to guide all levels, sectors, organizations, households, individuals, and village communities to implement legal provisions.

b) Organizing and implementing forest fire prevention and firefighting activities.

c) Managing the system of special-use forests, protective forests, and production forests according to legal provisions.

d) Inspecting and supervising compliance with laws on forest management, protection, development, utilization, and forestry land use; directing and handling violations of laws in the field of forest management and protection, forestry land use according to legal provisions. Directing organizations directly responsible for forest protection tasks, mobilizing and coordinating forces to prevent any acts causing damage to forests and forestry land; resolutely combating and ending illegal logging, deforestation, and resistance against law enforcement officers in the locality.

đ) Directing the implementation of forest and forestry land allocation, leasing, recovery, issuance of certificates of forest land use rights, ownership rights, and forest land use rights according to legal provisions; resolving disputes, complaints, and denunciations regarding forests and forestry land.

e) Organizing investigations, inventories, statistics, classification of forests, and mapping of forests and forestry land in the province.

g) Preparing and approving local plans and programs for forest protection and development, forestry land, wood processing facilities, and forest products; preventing situations where illegal wood and forest products are consumed and legitimized.

2. Responsibilities of the People's Committee of districts, towns, and cities under provinces that have forests (hereinafter referred to as district-level People's Committee).

a) Implementing legal provisions, state policies, and systems on forest management, protection, development, utilization, and forestry land use.

b) Organizing the implementation of forest protection measures and timber harvesting according to legal provisions; monitoring and inspecting the implementation of regulations on land and forest allocation and household and community forest protection contracts.

c) Mobilizing and directing forces in the locality to prevent any acts causing damage to forest resources; organizing forest fire prevention and firefighting activities, and pest control.

d) Organizing the implementation of forest and forestry land allocation, recovery, issuance of land use right certificates, house ownership rights, and other property rights attached to land according to legal provisions; resolving disputes, complaints, and denunciations regarding forests and forestry land.

đ) Directing the People's Committee of communes to conduct statistics and monitor changes in forests and forestry land.

e) Inspecting and supervising compliance with laws, policies, and systems on forest management, protection, development, utilization, and forestry land use for organizations, households, individuals, and community residents in the locality. Administering administrative penalties for violations in the field of forest management and protection, forestry product management according to legal provisions; closely monitoring professional violators for handling; resolutely combating and ending resistance against law enforcement officers.

g) Organizing the preparation and implementation of plans and programs for forest protection and development, forestry land, wood processing facilities, and forest products; regularly checking, identifying, and promptly handling illegal consumption and legitimization of wood and forest products.

3. Responsibilities of the People's Committee of communes, wards, and towns that have forests (hereinafter referred to as commune-level People's Committee)

a) Managing the area and boundaries of forest zones; forest protection and development activities in the locality.

b) Organizing the preparation and implementation of plans and programs for forest protection and development in the locality according to legal provisions.

c) Organizing the implementation of detailed planning for three types of forests on-site, and forest protection and development plans linked to forest owners.

d) Accepting and confirming applications for forest allocation, leasing, and forestry land allocation and leasing from organizations, households, individuals, and community residents within their authority.

đ) Directing village communities to establish and implement village regulations on forest protection and development in accordance with legal provisions; guiding the implementation of forestry production; shifting cultivation and livestock grazing according to approved plans and programs.

e) Effectively organizing the activities of mass forest protection teams with the core being the self-defense militia; mobilizing forces in the locality to promptly prevent deforestation and forest fires according to the four-at-the-spot plan (command, force, equipment, logistics); promptly reporting to higher authorities when incidents exceed the commune's control capacity; supervising the activities of wood processing facilities and forest product processing facilities according to legal provisions.

g) Administering administrative penalties for violations in the field of forest management, protection, and forestry land use according to legal provisions.

h) Monitoring and updating changes in forests and forestry land; regularly inspecting the use of forests and forestry land by organizations, households, individuals, and community residents in the commune.

i) Organizing the management and protection of state-owned forests not yet allocated or leased, and developing plans to submit to competent authorities for approval to lease these areas to organizations, households, and individuals so that the forests truly have specific owners.

k) Mediate disputes concerning forests and forest land within their jurisdiction. If a locality experiences illegal deforestation, unauthorized changes in land use, unlawful allocation or leasing of forests and forest land, severe and prolonged forest fires, and fails to take timely and thorough preventive, blocking, and handling measures within its scope of responsibility and authority, the local leadership must conduct self-criticism and be held accountable for management responsibilities according to the law.

Article 3. Financial Support for People's Committees at Commune Level to Organize Forest Protection at the Grassroots Level

1. The State provides financial support to commune budgets to ensure regular funding for forest management and protection activities as follows:

a) Provide VND 100,000 per hectare per year to organize forest management and protection for areas directly managed by the People's Committee at the commune level.

The People's Committee at the commune level shall use this financial support for forest management and protection activities, including:

- Maintaining the regular operation of mass forest protection teams;

- Promoting, disseminating, and educating the public about laws on forest protection;

- Contracting labor for forest protection and firefighting and other activities related to forest management and protection.

b) Provide financial support for organizing activities to combat illegal logging, forest fire prevention, and firefighting, including:

- Funding for developing forest fire prevention and firefighting plans; zoning for shifting cultivation and firefighting drills;

- Compensation for those participating in firefighting, equivalent to the highest daily wage for forestry work in the locality. The Chairman of the People's Committee at the provincial level shall determine the compensation amount for firefighting participants based on the actual situation of each locality;

- Supporting those injured while protecting forests or fighting fires with medical examination and treatment costs under current regulations, providing VND 100,000 per day per person during hospitalization; they may be recognized as war invalids; in case of death, funeral expenses will be supported, and they may be recognized as martyrs according to current state regulations;

- Funding for the operations of the forest protection and firefighting command at the commune level for urgent issues in forest protection and firefighting according to current state regulations.

The People's Committee at the provincial level shall decide specifically on the amount of support, distribution, management, expenditure, settlement, and final accounting of the financial support provided to commune budgets as stipulated above.

2. Commune-level Forest Protection and Development Fund

a) Communes with forests and revenue sources as specified in Clause 1 and Points b, c, d of Clause 3 of this Article shall establish a commune-level forest protection fund.

b) The establishment, management, and utilization of the commune-level forest protection and development fund shall comply with the provisions of Decree No. 05/2008/NĐ-CP dated January 14, 2008, of the Government on the Forest Protection and Development Fund.

c) The tasks, powers, and organizational structure of the commune-level forest protection fund shall be decided by the Chairman of the People's Committee at the provincial level.

3. Sources of Formation of the Commune-level Forest Protection and Development Fund

a) Local budget balancing to ensure support to communes as stipulated in Clause 1 of this Article.

b) Revenue from administrative penalties for violations in forest management, forest protection, and forest product management within the authority of the People's Committee at the commune level, paid into the budget according to Point a, Clause 4, Article 40 of Decree No. 99/2009/NĐ-CP dated November 2, 2009, on administrative penalties for violations in forest management, forest protection, and forest product management, after deducting current state and local expenditures, shall be returned to the commune-level forest protection fund.

c) Contributions from forest owners when harvesting and trading timber and forest products; organizations and individuals engaged in landscape, resort, and ecotourism businesses; and domestic and foreign organizations and individuals.

d) Other revenues (if any) as prescribed by law.

4. Contents of Expenditure from the Commune-level Forest Protection and Development Fund. Expenditures from the fund must have a management and usage plan approved by the competent authority and comply with the current state financial management system. Specifically, the following contents must be ensured:

a) Fuel for patrol and inspection vehicles.

b) Compensation for those mobilized to prevent illegal logging and firefighting; support for those injured while being mobilized to prevent illegal logging and firefighting.

c) Night shift, overtime, and concurrent duty allowances.

d) Dissemination, promotion, education on laws, and training and capacity building for forest management and protection.

đ) Conferences, seminars, summaries, and commendation activities.

5. The Ministry of Finance shall provide detailed guidance on the management, use, settlement, and final accounting of the commune-level forest protection and development fund.

Article 4. Policy on Joint Forest Management

1. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with relevant ministries and sectors to pilot and develop policies for joint forest management to create mechanisms attracting community participation, household, and individual residents legally residing in the area, alongside the Management Board of Special-use Forests, the Management Board of Protective Forests; state-owned enterprises based on agreements regarding responsibilities for forest protection and development; sharing benefits proportionally with the contributions of all parties.

2. Content

a) Timber and aquatic products within the forest area where exploitation and use do not affect the functions of that forest area.

b) Agricultural and forestry products under the forest canopy, vacant land within the forest area.

c) Revenue from forest environmental services.

3. Principles

a) Ensuring direct and voluntary agreement between forest owners, communities, households, and individual residents legally residing in the forest area through their legitimate representatives, the Management Council.

b) Transparency, fairness. Linking the responsibilities of each party with shared benefits.

c) Exploitation and use of shared benefits must not affect the functions of the forest.

Article 5. Policy for Forest Protection Forces at the Grassroots Level

1. For forest owners

a) Forest owners have the responsibility to organize forest protection over the areas allocated or leased by the State according to laws on forest protection and development. Forest owners with forest areas of 1,000 hectares or more must have dedicated forest protection forces.

b) Forest protection forces of forest owners shall be equipped with uniforms and some support tools; they have the authority and responsibility to organize prevention, combat, and stop acts of forest damage; forest fire prevention and firefighting; and receive state support for training, instruction, and professional development in forest protection management.

2. The People's Committee of communes where forests are located shall organize forest protection forces in their areas, primarily composed of self-defense militia forces, to fulfill the forest protection management responsibilities stipulated in Clause 3, Article 2 of this Decision and protect forest areas not yet allocated or leased within the commune.

3. The Ministry of Agriculture and Rural Development shall specify details about organizing forest protection forces; their authorities and responsibilities; equipment; and professional training for grassroots-level forest protection forces.

Article 6. Policy to Enhance Capacity and Effectiveness of Operations for Forest Rangers

1. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with relevant ministries and sectors to urgently study and submit

2. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of Home Affairs to uniformly submit

3. Continue investing in forest rangers through training projects to enhance capacity; forest protection and firefighting; strengthening the provision of military weapons and support tools for forest rangers. During the period 2011-2015, train approximately 8,000 personnel from grassroots-level forest protection forces and forest rangers in professional skills; invest in equipment and facilities for forest firefighting and protection (approximately 10,000 billion VND).

Article 7. Implementation Organization

To take the lead and coordinate with the Ministry of Finance and relevant ministries and sectors to urge, inspect, supervise, and resolve issues arising during the implementation of this Decree.

Take the lead and coordinate with relevant ministries and sectors to review and systematize current legal regulations on forest protection management; draft, submit to the Prime Minister for issuance, amendment, supplementation, or issuance according to their authority and guide the implementation of mechanisms, policies, and solutions for forest protection management as stipulated in this Decision.

Monitor and compile results of implementing mechanisms, policies, and solutions for forest protection management as stipulated in this Decision and report to the Government.

2. The Ministry of Natural Resources and Environment

Coordinate with the Ministry of Agriculture and Rural Development in managing forestry land, stabilizing forestry land planning on maps and in reality according to the Resolution of the National Assembly; direct the implementation of land allocation and leasing for forestry purposes linked to forest allocation and leasing; complete files for areas already allocated or leased and proceed to issue certificates of land use rights for forestry land.

3. The Ministry of Planning and Investment and the Ministry of Finance

Coordinate with the Ministry of Agriculture and Rural Development to build mechanisms and policies; ensure budget plan balance for forest protection management as stipulated in this Decision.

4. The Ministry of Home Affairs

Coordinate with the Ministry of Agriculture and Rural Development to build mechanisms and policies; allocate staffing for forest rangers and dedicated forest protection forces in protective and special-use forests according to this Decision.

5. The Ministry of National Defense

Coordinate with the Ministry of Agriculture and Rural Development to guide and direct self-defense militia and forest ranger forces to participate in grassroots-level forest protection work; direct and manage defense forces effectively in forest protection work.

6. The Ministry of Public Security

Coordinate with the Ministry of Agriculture and Rural Development to guide and direct neighborhood watch, village police, and forest ranger forces to participate in grassroots-level forest protection work; direct and manage police forces effectively in forest protection work.

7. Provincial People's Committees

Develop plans and implement forest protection management tasks locally; participate and propose to central ministries and sectors to build, adjust, and supplement mechanisms and policies to suit local conditions to effectively implement this Decision.

Article 8. Effective Date

This Decision takes effect from March 30, 2012, and replaces Decision No. 245/1998/QĐ-TTg dated December 21, 1998, of the Prime Minister.

THE MINISTERS, HEADS OF GOVERNMENT-LEVEL MINISTRIES, HEADS OF GOVERNMENT-LEVEL AGENCIES, AND CHAIRMEN OF PROVINCE AND CITY PEOPLE'S COMMITTEES DIRECTLY UNDER THE CENTRAL GOVERNMENT SHALL BE RESPONSIBLE FOR ENFORCING THIS DECISION./.