Decision No. 08/2001/QD-TTg On the issuance of the Forest Management Regulation for special-use forests, protective forests, and natural production forests

Pursuant to …;

Regarding the issuance of the Management Regulations for Special Purpose Forests, Protective Forests, and Naturally Occurring Production Forests

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PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Law on Forest Protection and Development dated August 12, 1991;

Pursuant to the Land Law dated July 14, 1993; the Law Amending and Supplementing Certain Articles of the Land Law dated December 2, 1998;

Pursuant to the Environmental Protection Law dated August 19, 1993;

Pursuant to Decree No. 17/HĐBT dated January 17, 1992 of the Council of Ministers (now the Government) on the Implementation of the Law on Forest Protection and Development;

Pursuant to Decision No. 245/1998/QĐ-TTg dated December 21, 1998 of the Prime Minister on Implementing State Management Responsibilities at Various Levels concerning Forests and Timberland;

Considering the proposal of the Minister of Agriculture and Rural Development (memorandum No. 1047/BNN-PTLN dated March 24, 1999),

 

DECISION:

Article 1Now hereby promulgating with this Decision the Management Regulations for Special Purpose Forests, Protective Forests, and Naturally Occurring Production Forests.

Article 2. THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER THE DATE OF SIGNATURE.

All previous provisions contrary to these regulations are hereby abolished.

Article 3. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of provincial People's Committees and municipal People's Committees directly under the Central Government are responsible for enforcing this Decision./.

REGULATIONS

Management of Special Purpose Forests, Protective Forests, and Naturally Occurring Production Forests

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(Issued together with Decision No.: 08/2001/QĐ-TTg dated January 11, 2001 of the Prime Minister)

 

PART I

GENERAL PROVISIONS

Article 1. Provisions regarding forests and timberlands:

1. The forests referred to in these Regulations are naturally occurring forests on timberlands, including forest flora, fauna, and natural elements related to the forests (mountain rocks, rivers, streams, lakes, swamps, wetlands...).

2. Timberlands include:

a) Forested land;

b) Unforested land, deforested land, and natural vegetation areas planned for forestry purposes.

3. Forests are classified into three types based on their primary uses as follows:

a) Special purpose forests are established for the purpose of conserving nature, serving as national forest ecosystem benchmarks, preserving plant and animal genetic resources, conducting scientific research, protecting historical, cultural, and scenic sites, and providing recreational and tourism services;

b) Protective forests are primarily established for the purpose of developing forests to protect and regulate water sources, prevent soil erosion, mitigate natural disasters, regulate climate, ensure ecological balance, and maintain environmental security;

c) Production forests are primarily established for the purpose of developing forests for production and business activities involving timber products (especially wood and forest specialties) while also integrating environmental protection and ecological balance.

Article 2. Principles of Organizational Management for the Three Types of Forests:

1. Special purpose forests and protective forests are uniformly managed by the State and organized into a system of national special purpose and protective forest zones;

Each special purpose or protective forest zone is established and managed according to its specific use purpose and has a designated manager. The forest owner is assigned management rights over the forest and land use rights, and is responsible for managing, protecting, developing, and rationally utilizing forest resources in accordance with the law and shall not contravene these Regulations;

2. Organizations, households, and individuals (collectively referred to as forest owners) are granted or leased timberlands and production forests by the State to carry out production and business activities;

The area of timberlands and production forests allocated or leased to forest owners depends on the local forest fund and timberland fund, and the needs and capabilities of the forest owners to manage and utilize the land and conduct forest production and business activities;

3. All organizations and individuals must have the responsibility to protect, develop, and enhance forests in accordance with the law. Any acts that harm forests and timberlands will be dealt with under the law.

Article 3. Authority on the organization of forest management for three types of forests

1. The Prime Minister approves the overall planning of all types of forests; approves national key projects;

2. The Ministry of Agriculture and Rural Development, in charge and coordinating with relevant ministries and sectors and provincial People's Committees (collectively referred to as provincial level), plans the overall system of special-use forests, protective forests, and production forests nationwide, builds national key projects to be submitted to the Prime Minister for approval;

3. The Chairman of the Provincial People's Committee is responsible for managing and directing functional departments at the provincial level, and district-level People's Committees to carry out specific planning for the three types of forests within their jurisdiction, build projects to be submitted for direct superior approval;

At the same time, the Chairman of the Provincial People's Committee directs the allocation or leasing of forests to organizations and directs district-level People's Committees to implement the allocation or leasing of forest land for households and individuals to manage, protect, develop, and utilize forests in accordance with the law;

4. The authority to decide on the establishment of special-use, protective, and production forests is as follows:

a) For special-use forests: The Ministry of Agriculture and Rural Development, in coordination with the People's Committee of the province where the special-use forests are located, along with relevant ministries and sectors, organize the review and submit to the Prime Minister for the decision to establish National Parks and other special-use forest areas within the special-use forest system;

The Chairman of the district-level People's Committee decides on the establishment of special-use forests of significant importance within their locality after receiving a written review opinion from the Ministry of Agriculture and Rural Development;

b) For protective forests: Based on the approved protective forest planning by the Prime Minister, the Ministry of Agriculture and Rural Development directs localities to build investment protection and development projects for protective forests, which are then reviewed by the Ministry of Agriculture and Rural Development. Based on the review opinions, the Chairman of the district-level People's Committee decides on the establishment of protective forest areas;

c) For natural production forests: Based on the approved production forest planning by the Prime Minister, the district-level People's Committee decides on the policy of allocating or leasing land in accordance with the Land Law for organizations, households, and individuals to engage in forestry and agricultural production;

Article 4. Authority to Approve Investment Projects, Change in Purpose of Use for Three Types of Forests, and Re-Classification of Special-Use Forest Areas

1. The authority stipulated in Article 3 of this Regulation is also the authority to approve investment projects, management and protection plans, and development plans for forests with investment capital as prescribed by law;

2. The authority stipulated in Article 3 is also the authority to decide on changes in the purpose of use for the three types of forests but must have the written agreement of relevant ministries and sectors;

3. In cases where the purpose of use for the aforementioned three types of forests is changed to another purpose (other than forestry purposes), it must be carried out in accordance with the provisions of the Land Law and the Law on Protection and Development of Forests;

4. The re-classification of special-use forest areas (from nature conservation zones, cultural-historical-environmental forests to national parks or vice versa): a) For special-use forest areas under central management, the principal ministry submits to the Government for decision;

b) For special-use forest areas under provincial management, the provincial People's Committee submits to the Government for decision based on the review of the Ministry of Agriculture and Rural Development.

b) Special-use forests under provincial management shall be submitted by the Provincial People's Committee to the Government for decision based on the review of the Ministry of Agriculture and Rural Development.

Article 5. Division and determination of boundaries for three types of forests

Special-purpose forests, protective forests, and production forests must have clearly defined boundaries on maps and on-site through a system of markers, signboards, and detailed statistical records;

To facilitate the management of special-purpose forests, protective forests, and production forests, they shall be divided into areas as follows:

- Sub-districts: With an average area of 1,000 hectares, sub-districts are basic units for forest management; the order of sub-districts is recorded with Arabic numerals within each province from Sub-district 1 to the last sub-district (for example: Sub-district 1, Sub-district 2, etc.);

- Sections: With an average area of 100 hectares, sections are statistical units for forest resources and facilitate the identification of locations on-site; the order of sections is recorded with Arabic numerals within each sub-district (for example: Section 1, Section 2, etc.);

- Plots: Plots are smaller units within sections that share similar natural conditions and technical intervention measures; the average plot size is 10 hectares for natural timber and bamboo forests; the order of plots is recorded with Vietnamese letters within each section (for example: Plot a, Plot b, etc.);

For special-purpose forests and protective forests, division into plots may not necessarily be required depending on specific needs;

The numbering sequence of sub-districts, sections, and plots is recorded in order from north to south and from west to east;

The Ministry of Agriculture and Rural Development shall provide detailed guidance on the marker systems, signboards, and record-keeping for managing these types of forests.

Chapter II

SPECIAL-PURPOSE FORESTS

I. ORGANIZATION AND MANAGEMENT OF SPECIAL-PURPOSE FOREST AREAS

Article 6. Types of special-purpose forests

Special-purpose forests are divided into three types as follows:

1. National parks are natural areas established to protect one or more ecosystems over the long term, ensuring the following basic requirements:

a) Natural land including model ecosystems (intact or minimally affected by humans); distinctive features of habitats for flora and fauna species; high-value forests for scientific, educational, and tourism purposes;

b) Sufficiently large natural land to contain one or more ecosystems without being altered by negative human impacts; the proportion of natural ecosystem area to be preserved must reach at least 70%;

c) Relatively favorable transportation conditions;

2. Nature reserves are natural areas established to ensure natural succession and are divided into two types as follows:

a) Natural reserve areas are natural lands with high natural resource reserves and biodiversity, established, managed, and protected to ensure natural succession, serving conservation, scientific research, and meeting the following conditions:

- Having typical natural ecosystems retaining fundamental natural characteristics, minimally impacted by harmful human activities; diverse flora and fauna;

- Possessing significant geological, ecological, or other scientifically, educationally, aesthetically, and touristically valuable features;

- Hosting endemic or endangered species;

- Being sufficiently large to maintain the integrity of ecosystems, with the proportion of natural ecosystem area to be preserved reaching at least 70%;

- Ensuring protection from direct harmful human impacts;

b) Species or habitat conservation areas are natural lands managed and protected to ensure habitats for one or more endemic or rare species, meeting the following conditions:

- Playing a crucial role in nature conservation, maintaining and developing species' lives, serving as breeding grounds, feeding areas, activity zones, or resting places for animals;

- Hosting rare plant species or being home to migratory rare wild animal species;

- Capable of conserving habitats and species through human intervention when necessary;

- Area size depends on the habitat needs of protected species;

3. Cultural-historical-environmental forest areas (landscape protection areas) include one or more representative scenic areas with cultural, historical value, serving cultural activities, tourism, or experimental research, comprising:

a) Areas with terrestrial, coastal, or island scenic spots;

b) Areas with historically and culturally ranked sites or scenic features such as waterfalls, caves, lava formations, marine landscapes, archaeological sites, or areas with local traditional historical significance;

c) Areas designated for experimental research;

For special-purpose forests located in island regions, they may include both forest and marine ecosystems;

For national parks or nature reserves located in wetland areas, they encompass all natural resources of the wetland ecosystem and aquatic life.

Article 7. Functional Zones of National Parks and Nature Reserves

National parks and nature reserves shall be divided into the following functional zones:

- Strictly protected zone: The intact conservation zone, which is strictly managed and protected to monitor natural changes; all activities that alter the natural landscape of the forest are strictly prohibited.

- Ecological restoration zone: The strict management and protection zone for forest recovery and natural regeneration; introduction of non-native animal and plant species is strictly prohibited.

- Service-administrative Zone: This area is for constructing work and living facilities for the Management Board, research and experimental bases, tourism services, and recreational activities.

In national parks and nature reserves, multiple tourist service points and routes may be constructed, but they must be included in a feasible project approved by the competent authority.

Article 8. Buffer Zones for National Parks and Nature Reserves

To prevent harmful impacts on national parks and nature reserves, buffer zones must be established.

1. Buffer zones are areas of forests, land, or water bodies adjacent to the boundaries of national parks and nature reserves; their purpose is to prevent or mitigate encroachment on special-use forests. All activities within buffer zones must support conservation, management, and protection of special-use forests; external migration into buffer zones must be restricted; hunting, trapping of wildlife, and felling of wild plants under protection are prohibited.

2. The area of buffer zones does not count towards the area of special-use forests; investment projects for developing buffer zones are approved concurrently with those for special-use forests.

3. The investor of buffer zone projects has the responsibility to coordinate with local people's committees at various levels and economic and social organizations within the buffer zone, particularly with the Management Board of special-use forests, to develop production plans for forestry, agriculture, and fisheries, settlement schemes, based on community participation, submit them for approval by the competent authority, and implement them to stabilize and improve the livelihoods of residents.

Article 9. Hierarchical Management of Special-Use Forests

1. The Ministry of Agriculture and Rural Development is responsible before the Government for hierarchical management of special-use forests as follows:

a) Unified management of the entire system of special-use forests nationwide including: planning the special-use forest system to be submitted to the Government for approval; submitting to the Government or issuing according to its authority policies, systems, regulatory legal documents related to management (monitoring, directing investigations and reporting on the situation of forest resource changes), protection, and development of special-use forests; organizing technical guidance, inspection, and supervision of the implementation of management, protection, and construction of special-use forests;

b) Directly managing national parks of particular importance or spanning multiple provinces;

c) Cooperating with the Ministry of Fisheries in organizing technical guidance, inspection, and supervision of the implementation of management and protection of aquatic resources in national parks and nature reserves with aquatic ecosystems;

2. The Ministry of Culture, Sports and Tourism directly manages and organizes the construction of cultural, historical, and environmental forests ranked at the national level or internationally recognized, serving cultural and historical tourism objectives. At the same time, the Ministry of Culture, Sports and Tourism is responsible for coordinating with the Ministry of Agriculture and Rural Development in organizing the construction, management, and protection of these forests;

3. Provincial People's Committees directly manage remaining special-use forests in the system of special-use forests, depending on the scale and significance of each remaining special-use forest, the province decides to entrust district-level management for development and exploitation for tourism purposes.

Article 10. Development of Special Purpose Forest Areas Projects

1. Each special purpose forest area must have a defined planning scheme for development based on which to build investment projects to be submitted to competent authorities for approval; in cases where the project scale is large, it shall be implemented in phases, with additional assessments being considered if necessary; apart from the investment project for constructing special purpose forests, when needed, one or more buffer zone projects may be built in accordance with local economic and social conditions;

2. The State invests using state budget funds, while attracting foreign aid and international organization funds to construct the system of special purpose forests according to approved investment projects;

Article 11. Management Structure of Special Purpose Forest Areas

1. Each special purpose forest area with a concentrated area of 1,000 hectares or more (in exceptional cases, less than 1,000 hectares), shall establish a Management Board operating under the mechanism of an economic public service unit with income. The Management Board is the forest owner, granted forestry land and issued land use right certificates, responsible for managing, protecting, and developing the assigned forest area;

2. For special purpose forest areas with a concentrated area of 15,000 hectares or more, a Forest Protection Station subordinate to the Management Board of the special purpose forest area shall be organized, simultaneously subject to professional guidance from the provincial Forest Protection Agency (where the Management Board of the special purpose forest area is located);

3. Special purpose forest areas with an area below 1,000 hectares (except in exceptional cases) shall not establish a Management Board but shall be managed, protected, and developed by organizations, households, or individuals (collectively referred to as forest owners) in accordance with the provisions of the law;

In cases where special purpose forest areas have not been specifically assigned to forest owners, the People's Committee of the district shall be responsible for directing the People's Committees of the communes concerned to organize management, protection, and development of the forest; at the same time, they shall complete procedures to submit to competent state agencies for approval to assign land and forests to the aforementioned forest owners for management, protection, and development of special purpose forests;

4. The staffing quota of the Management Board of the special purpose forest area shall be determined based on the scale, value, and conditions of each forest area, averaging one staffing quota per 1,000 hectares (in cases where the forest has significant conservation value for species or habitats, cultural history, or is isolated from large forest areas, it may be less than 500 hectares per quota); the minimum staffing quota for each Management Board is five people;

5. Special purpose forest areas specified in Clause 3 of this Article also receive funding to perform management and protection tasks for the forest in accordance with the provisions of Clause 4 of this Article;

Article 12. Duties and Authorities of the Management Board of Special Purpose Forest Areas

1. To be responsible before the State for managing, protecting, building, and utilizing special purpose forest areas in accordance with these Regulations and relevant laws; organizing the management and protection of natural resources; restoring and preserving intact ecosystems; conserving the biodiversity of special purpose forest areas, including: Implementing measures to sustainably develop biological resources, soil resources, water resources, and coordinating with local authorities to protect other natural resources; implementing measures to prevent and control forest fires, forest pests, and prevent actions causing damage to special purpose forest areas;

2. To prepare supplementary investment projects for building special purpose forest areas and annual cost estimates for unit activities to be submitted to competent authorities for approval; managing and using investment funds from the state budget in accordance with current regulations;

3. To implement the contents of the approved investment project for the special purpose forest area; organizing international cooperation activities as assigned by competent authorities and in accordance with current state regulations in this field;

4. To develop and implement operational regulations for special purpose forest areas in accordance with guidelines from the supervising agency;

5. To periodically report to superiors on the situation of forest resource dynamics and activities in special purpose forest areas;

6. To conduct scientific research, cultural, social, and eco-tourism activities in accordance with the law;

II. PROTECTION, CONSTRUCTION AND USE OF SPECIAL PURPOSE FOREST AREAS

Article 13. Management, protection, and development of resources in special-use forests

1. All resources within special-use forests must continue to be thoroughly investigated and recorded in monitoring files;

Regularly monitor changes in forest resources, especially rare species, adjust statistical data and on maps; conduct periodic resource surveys every five years;

AND The Ministry of Agriculture and Rural Development shall be responsible for implementing the provisions stipulated in Clause 1, Article 9 of this Regulation;

2. In strictly protected zones, the following activities are strictly prohibited:

a) Activities that alter natural scenery;

b) Activities that affect the natural life of wild animals and plants;

c) Releasing and planting animal and plant species brought from other places that were not previously distributed in special-use forests (in exceptional cases, opinions of the Ministry of Agriculture and Rural Development must be obtained);

d) Exploiting biological resources;

đ) Exploiting other natural resources;

e) Grazing livestock;

g) Causing environmental pollution;

h) Bringing toxic chemicals, explosives, flammable materials into the forest, and lighting fires in the forest and its vicinity;

3. In ecological restoration zones, the following activities are strictly prohibited:

a) Exploiting biological resources;

b) Exploiting other natural resources;

c) Causing environmental pollution;

4. Ecological restoration in special-use forests must absolutely respect natural succession and be carried out as follows:

a) The main measures applied to restore special-use forest ecosystems are enclosure and natural regeneration.

Reforestation should be limited; if reforestation is necessary, it must be carried out according to technical procedures, with tree species being native and implemented according to approved projects; for strictly protected zones, implementation must comply with the provisions of Point c, Clause 2, of this Article;

Protection and restoration of wildlife in special-use forests;

All wild animal species must be strictly protected, prohibiting hunting, trapping, or driving them away;

Protecting the living environment and food sources of wildlife; in necessary cases, additional food and water sources may be provided for them;

Only healthy wild animal species without diseases and suitable to their ecological regions can be released into special-use forests; the number of each species must be appropriate to their habitat and food sources;

b) Protection, restoration, and development of aquatic resources and biodiversity of wetland ecosystems within special-use forests located in coastal areas, islands, or flooded regions will be carried out according to the contents approved in investment projects and in accordance with laws on fisheries;

Article 14. Exploitation and utilization of wood in special-use forests

Exploitation and utilization of wood in special-use forests, which are cultural-historical-environmental forests, shall only be allowed under the following conditions:

The objects of exploitation and utilization are only standing dead trees and fallen trees due to forest fires and other natural disasters;

Procedures for preparing documentation and managing the organization of exploitation and utilization of wood must comply with guidelines issued by the Ministry of Agriculture and Rural Development.

Article 15. Scientific research activities in special-use forests

1. Based on the regulations on scientific research in special-use forests issued by the Ministry of Agriculture and Rural Development, the management board of the special-use forest shall be responsible for developing annual scientific research plans to submit to the competent authority for approval, organizing implementation, and reporting results to the higher-level management agency;

2. The conduct of scientific research or teaching, internships by organizations or individuals, scientists, students, and trainees must comply with the following provisions:

a) Must obtain permission from the management board of the special-use forest and must follow the guidance and inspection of the management board of the special-use forest;

b) When conducting scientific research activities in special-use forests, fees for field rental and necessary services must be paid to the management board of the special-use forest;

c) Must submit reports on research results that have been accepted and published to the management board of the special-use forest;

3. The conduct of scientific research by foreign organizations or individuals, or in collaboration with domestic organizations or individuals, must comply with the following provisions:

a) Must obtain permission from the Ministry of Agriculture and Rural Development and must follow the guidance and inspection of the management board of the special-use forest;

b) When conducting scientific research activities in special-use forests, they must comply with the provisions set out in Point b, Clause 2 of this Article;

c) Must submit reports on research results that have been accepted and published to the licensing authority and the management board of the special-use forest;

4. Any collection of specimens in special-use forests for any purpose must be permitted by the Ministry of Agriculture and Rural Development and must cover the costs for the management board of the special-use forest;

In cases where specimens are collected and taken abroad, separate regulations will apply.

Article 16. Organizing tourism activities in special-use forests

1. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with relevant ministries and sectors to issue regulations on organizing tourism activities (ecological, cultural, historical, recreational...) based on the principle of strongly encouraging the development of tourism activities while not adversely affecting the natural conservation objectives and environment;

2. The organization of tourism activities within the scope of special-use forests must be developed into separate projects, approved by the special-use forest management authority to implement on the principle of not adversely affecting the conservation objectives of the special-use forest;

3. The management board of the special-use forest may organize its own activities or lease, contract out to organizations, households, and individuals to operate service and eco-tourism businesses.

Strictly prohibited is the use of land and forests designated for strict protection in national parks for leasing, contracting, or joint ventures that alter the natural succession of the forest.

All income and expenditure from tourism services shall be carried out in accordance with current financial management regulations; revenue from tourism services mainly should be retained for investment in management, protection, and development of the special-use forest;

4. Tourism and sightseeing activities in special-use forests shall be organized by the special-use forest management board or jointly implemented with the culture and tourism sector.

Article 17. Stability and development of the economy and society for residents living in special-use forests and buffer zones

1. The planning scheme, investment project for construction, and organization of life for residents within special-use forests and buffer zones must be approved by the competent authority simultaneously with the Decision establishing such forests;

2. Residents living in special-use forests are primarily stabilized in place. signing and implementing AgreementsMigration from other places to special-use forests and buffer zones is not permitted;

In exceptional cases where it is necessary to relocate residents out of strictly protected areas within special-use forests, the Management Board of the special-use forest must prepare a project to submit to the competent authority for approval according to current regulations;

3. The residential land area, paddy fields, gardens, and upland fields of residents living in special-use forests are not included in the area of special-use forests but must be clearly marked on maps and delineated on the ground;

4. Residents living in special-use forests and buffer zones must strictly comply with the Law on Protection and Development of Forests, follow the provisions of this Regulation, and adhere to the rules set by the Management Board of the special-use forest.

 

Chapter III - PROTECTED FORESTS

I. ORGANIZATION AND MANAGEMENT OF PROTECTED FORESTS

Article 18. Types of protected forests

1. Watershed protection forests aimed at regulating water flow for rivers and reservoirs to mitigate floods, reduce erosion, protect soil, and prevent sedimentation in riverbeds and reservoirs;

2. Windbreak and sand control forests, agricultural protection forests, and forests protecting residential areas, urban areas, production zones, and other facilities;

3. Coastal wave barrier forests designed to block waves, prevent coastal erosion, and protect coastal infrastructure;

4. Environmental and scenic protection forests aimed at moderating climate, reducing pollution in densely populated areas, cities, and industrial zones, while also serving tourism and recreation;

Article 19. Classification of protected forests based on vulnerability levels

1. Highly Vulnerable Zone: Includes areas at the headwaters with steep slopes near rivers and lakes, at high risk of severe erosion requiring the highest level of water regulation; areas with strong mobile sand; coastal areas frequently suffering from erosion and wave threats to production and livelihoods, necessitating the establishment of specialized protective forests with a canopy cover of over 70%;

2. Vulnerable Zone: Includes areas with moderate slopes, erosion, and water regulation requirements; areas with lower risks of mobile sand and wave threats, allowing for combined forestry production development, with high demands for land protection and utilization, requiring the establishment of protective forests integrated with production activities, ensuring a minimum forest canopy cover of 50%;

The Ministry of Agriculture and Rural Development shall specify criteria for highly vulnerable and vulnerable zones to guide implementation.

Article 20. Organization of management bodies for protected forests

1. Depending on the scale, nature, and importance of each protected forest area, a Management Board shall be established; in special cases with concentrated areas of 5,000 hectares or more, a Management Board shall be established operating under the mechanism of an economic public service unit with revenue. The Management Board of the protected forest is the forest owner, granted forestry land and issued land use rights certificates, responsible for managing, protecting, and developing that forest area;

2. Protected forest areas with concentrated areas of 20,000 hectares or more shall organize a Forest Ranger Station subordinate to the Management Board of the protected forest, while also being subject to professional guidance from the provincial Forest Ranger agency;

3. For protected forest areas under 5,000 hectares (concentrated or non-concentrated), no Management Board shall be established, instead they shall be managed, protected, and developed by other organizations, households, or individuals. Funding for these tasks shall be provided by the provincial budget;

In cases where specific forest owners have not yet been assigned, the People's Committee of the relevant communes shall be responsible for managing, protecting, and developing the forest, and at the same time develop plans to gradually assign land and forests to the aforementioned forest owners;

4. The staffing quota of the Management Board of the protected forest area shall be determined based on the area of the protected forest area assigned by the State, averaging one staffing quota per 1,000 hectares of forest, with a minimum staffing quota of seven people for each Management Board.

Article 21. Tasks and Authorities of the Forest Protection Management Board

1. Be responsible to the State for managing, protecting, constructing, and utilizing protective forests in accordance with the relevant laws;

2. Based on the investment project for constructing and developing protective forests approved by the competent authority, the Forest Protection Management Board shall develop the annual operational plan to be submitted to the competent authority for approval and implementation;

3. Receive state investment capital, coordinate with local People's Committees at all levels and related agencies to implement plans for allocating tasks to organizations, households, and individuals to protect and construct protective forests; manage and utilize investment capital in accordance with current regulations;

4. Be permitted to organize production and business activities on intercropped productive forest land within the protective forest area in accordance with the management regulations for productive forests and combine business from agricultural production activities, planting industrial trees, fruit trees, eco-tourism, harvesting forest products, and exploiting and utilizing forests as stipulated in Article 25 of this Regulation;

5. Be allowed to appoint a Sub-area Manager to manage the forest by sub-area, organize a dedicated forest protection force as prescribed in Article 20 of this Regulation;

6. Propagate and educate the people in the locality to participate in protecting and constructing protective forests;

7. Regularly report to superiors on the situation of forest resource dynamics and management, protection, construction, and development activities of the protective forest area in accordance with the regulations of the Ministry of Agriculture and Rural Development.

II. CONSTRUCTION AND USE OF PROTECTIVE FORESTS

Article 22. Standards and Shapes of Each Type of Protective Forest

In each protective forest area, the forested area must be protected, and the non-forested area must be fenced for regeneration or planted to ensure the standards and shapes of each type of protective forest as follows:

1. Upstream protective forests must form concentrated areas with mixed species, different ages, multiple layers, with a canopy density above 0.6, consisting of tree species with deep and firmly anchored root systems;

2. Windbreak and sand control protective forests must have at least one main windbreak belt with a minimum width of 20 meters, combined with auxiliary belts to form a closed system; protective forests for agricultural production and economic works should be planted in rows and bands, each belt or row of trees should close canopies both horizontally and vertically;

3. Coastal wave protection forests must have at least one belt with a minimum width of 30 meters, consisting of multiple rows of trees closing canopies, with the belts staggered in the direction of the main wave;

4. Environmental and scenic protective forests are a system of belts and strips of forests and greenery interspersed among residential areas, industrial zones, and tourist sites to prevent air pollution, create a clean environment, and combine with recreational and sightseeing activities.

Article 23. Investment for Managing, Protecting, and Developing Protective Forests

The State allocates investment funds for managing, protecting, and developing highly critical and critical protective forests according to projects, plans, and schemes approved by the competent authority and for the operation of the Forest Protection Management Board;

The State encourages organizations, households, and individuals to invest in constructing protective forests;

Article 24. Benefits of households receiving contracts and participating in the construction of protective forests

1. In cases where the State invests capital and assigns contracts to organizations, household families, individuals (referred to collectively as contracting households) for protecting, enclosing and restoring forests, planting new forests, the contracting households shall have the obligation to implement the plans, contents, and requirements stipulated in the contract and shall enjoy the following benefits (excluding forest products belonging to Group I as prescribed in Decree No. 18/HĐBT dated January 17, 1992 of the Council of Ministers (now the Government)):

a) Receiving labor costs for protecting, enclosing and promoting regeneration of forests, and planting new forests according to the results of the assigned contract with the Forest Management Board;

b) Being allowed to harvest dry firewood and minor forest products under the forest canopy;

c) Contracting households that enclose and promote regeneration of forests while supplementing new plantations shall enjoy all thinning products, non-detrimental products to the forest canopy (flowers, fruits, resin, bamboo shoots...), and agricultural and minor forest products under the forest canopy;

d) Depending on specific projects, if at the end of the contract period the contracting household wishes to continue and has fulfilled the contract contents during the contract period, they may be assigned the next cycle;

2. In cases where households self-invest capital to enclose and restore forests, and plant new forests on land without existing forests, they shall enjoy 100% of agricultural and forestry products when the forest reaches harvesting standards;

The exploitation of timber, forest products shall be carried out in accordance with Article 25 of this Regulation and must comply with the regulations and guidelines of the Ministry of Agriculture and Rural Development;

Article 25. Exploitation of Timber, Bamboo, and Forest Products in Protective Forests

1. For natural protective forests:

The purpose of exploitation is to remove old, diseased trees, increase regenerative capacity, and improve forest quality;

Permission is granted to exploit dead, diseased, top-killed, old, overly dense trees, with an exploitation intensity not exceeding 20%, except for wood types belonging to Group IA as prescribed in Decree No. 18/HĐBT dated January 17, 1992 of the Council of Ministers (now the Government); permission is granted to collect fallen trees and long-standing remaining wood to facilitate natural regeneration;

Permission is granted to collect non-wood forest products, bamboo, and rattan without affecting the protective capacity of the forest, except for forest products belonging to Group I (as prescribed in Decree No. 18/HĐBT dated January 17, 1992) of the Council of Ministers (now the Government);

Bamboo forests, once reaching protective requirements (with a coverage rate over 80%), are permitted to be exploited with a maximum intensity of 30% and bamboo shoots can be harvested;

Simultaneously with the exploitation of timber, bamboo, and forest products, the forest owner must manage, protect, and develop the forest through measures such as planting new forests, enclosing and promoting regeneration, enriching the forest;

2. For planted protective forests:

a) Protective forests planted by State investment are permitted to harvest auxiliary trees and thinning when the plantation density exceeds the specified density, with an exploitation intensity not exceeding 20% and ensuring the forest retains a crown closure of over 0.6 after thinning;

When the main crop reaches harvesting standards, selective harvesting up to 20% intensity or clear-cutting in strips or small patches under 1 hectare in vulnerable areas and under 0.5 hectares in very vulnerable areas is permitted; the annual clear-cut area shall not exceed one-tenth of the planted forest area;

b) Plantations by the Forest Management Board or contracting households self-invested, when the forest reaches the harvesting age, each year is permitted to harvest up to one-tenth of the planted forest area by the forest owner in vulnerable areas, under 2 hectares in upstream protective forests, and under 1 hectare for other types of protective forests, using strip or small patch clear-cut methods;

c) After harvesting, the forest owner must immediately carry out regeneration or replanting in the next planting season and continue management and protection;

3. For protective forests restored through natural regeneration from land without existing forests, this shall be implemented as provided in Clause 1 of this Article;

4. Procedures for exploitation, implementation of exploitation, and supervision of implementation must comply with this Regulation and technical regulations of the Ministry of Agriculture and Rural Development.

Article 26. Management and use of various types of forests and other lands intermixed within protective forests

For areas of production forests intermixed within protective forest zones, the Forest Management Board shall organize production in accordance with the provisions set forth in Chapter IV of this Regulation.

Residential land, paddy fields, gardens, and fixed upland fields of people intermixed within protective forests that are not planned to be included in the protective forest zone and managed by local authorities. The competent People's Committee shall grant and issue certificates of land use rights to households and individuals according to the law.

Chapter IV - PRODUCTION FORESTS ARE NATURAL FORESTS

I. ORGANIZATION AND MANAGEMENT OF PRODUCTION FORESTS AS NATURAL FORESTS

Article 27. Classification of production forests as natural forests

Natural forests are those of natural origin, including existing natural forests and forests restored through enclosure and natural regeneration from land without forests. Natural forests are classified based on the following products:

a) Timber forests;

b) Bamboo and rattan forests;

c) Other specialty forests (cinnamon, cardamom, medicinal herbs, etc.);

Article 28. Organization of management for production forests as natural forests

1. Production forests as natural forests under unified state management shall be organized into units for production and business operations as follows:

State-owned Forestry Enterprises to perform work from the date of receiving the file. tasked with managing, protecting, producing, and conducting business activities related to forests and forestry land assigned to them;

Sub-forestry enterprises send a text message production teams are units subordinate to Forestry Enterprises and are at the management level, implementing production plans of Forestry Enterprises; Sub-forestry enterprises;

2. Production forests as natural forests shall be transferred or leased by the State to other organizations (outside Forestry Enterprises): households, individuals, Cooperatives, Companies, Enterprises... (referred to as other forest owners) to carry out production and business operations. Depending on their scale and management experience, forest owners may organize various forms of production and business such as Forest Gardens, Forest Farms, Plantations...

3. Agricultural land, residential land, paddy fields, gardens, and fixed upland fields of people intermixed within production forests that are not planned to be included in production forests, local authorities shall grant the right to use these types of land to households and individuals residing legally in the area according to the law.

Article 29. Responsibilities of State-owned Forestry Enterprises in managing and operating production forests as natural forests

1. The Director of the Forestry Enterprise is responsible to the State for the assigned forest capital and the effectiveness of forest management and operation, must organize management, protection, nurturing, and reasonable use to maintain and develop the forest capital according to the approved planning, plan, and forest production and business scheme.

a) Adhere strictly to all policies, systems, laws, procedures, and technical regulations related to land use, forest use, and forest production and business activities;

b) Annually report to state management agencies on the situation of forest resources within the assigned area;

2. Every five years, a review of forest resources and forestry land must be conducted to evaluate the effectiveness of forest management and operation, and serve as a basis for developing production plans for the next phase;

The Ministry of Agriculture and Rural Development shall provide detailed guidance on annual and five-year forest resource reporting.

Article 30. Rights of State-owned Forest Enterprises in managing and operating production forests which are natural forests

1. To exploit, process, and sell timber and forest products in accordance with Article 35 of this Regulation.

The Ministry of Agriculture and Rural Development shall take the lead in coordinating with the Ministry of Finance to provide detailed guidance on the use of proceeds from the sale of timber and forest products extracted from production forests which are natural forests, based on the principle that:

Production costs (including preparatory work for the forest, design of exploitation, review of exploitation design, exploitation, transportation, transport, storage, and consumption of products);

Pay various taxes to the State as prescribed;

Invest in reforestation to implement forestry measures such as encirclement and promotion of regeneration, contracted forest protection, enriching the forest, periodic inventory of forest resources...

Establish other funds of the forest enterprise in accordance with the provisions of the law;

2. To organize the purchase, processing, and sale of agricultural and forest products;

3. To utilize up to 20% of the area of land not yet forested that has been assigned for agricultural and fishery production;

4. To form joint ventures with organizations and individuals both within and outside the country to plant and process agricultural and forest products;

5. Must assign contracts to organizations, individuals, and households to participate in protecting, encircling and promoting regeneration, and planting forests according to Decree No. 01/CP dated January 4, 1995 of the Government on assigning contracts for land use for agricultural, forestry, and aquaculture production in state-owned enterprises;

6. To be compensated for losses of works invested and constructed by the forest owner on the assigned land when the State recovers the land.

For timber and forest products illegally harvested by individuals and organizations and seized at the forest of the forest enterprise, after having complete records and handling files from the forestry inspection agency, they must be returned to the forest owner. signing and implementing AgreementsWhen selling these quantities of timber and forest products, the forest owner must allocate a percentage to establish a fund against illegal logging and smuggling of forest products for the forestry inspection agency in accordance with current regulations.

Article 31. Rights of other forest owners in managing and operating production forests which are natural forests

1. To receive State support for developing production and business operations such as borrowing capital with preferential interest rates, technical services, forestry extension, processing and selling products;

2. To receive support for building infrastructure serving production such as transportation roads, forest fire prevention and control, forest pest control, seedling nurseries, periodic forest resource inventory every five years;

3. To exploit timber and forest products in accordance with Article 35 of this Regulation, to enjoy 100% of income after repaying capital and interest (if any), paying taxes as prescribed by law; and reinvesting in reforestation in accordance with current regulations;

4. To use no more than 20% of the area of land not yet forested that has been assigned or leased for agricultural and fishery production;

5. To be compensated for losses of works invested and constructed by the forest owner on the assigned or leased forest land when the State recovers the land.

Article 32. Responsibilities of other forest owners in managing and operating production forests which are natural forests

1. Strictly comply with the policies and laws of the State, relevant Regulations, Procedures, and Technical Standards related to land management and use, forest management and use, and forest business operations;

2. Ensure the proper purposeful use of forest land, long-term and stable forest use;

3. Pay taxes as prescribed by law;

4. Annually report to the State management agency on the situation of forest resource changes within the assigned area; every five years, a periodic forest resource inventory must be conducted to assess the effectiveness of forest management and business operations and serve as a basis for developing production plans for the next phase;

The Ministry of Agriculture and Rural Development shall provide detailed guidance on annual and five-year forest resource reporting.

II. BUSINESS AND USE OF PRODUCTION FORESTS WHICH ARE NATURAL FORESTS

Article 33. Conditions for Bringing Forests into Production and Business

1. The forest owners must be granted land use right certificates by competent state authorities; in cases where such certificates have not been issued, they must obtain decisions on allocating or leasing forestry land for production and business purposes from competent authorities.

2. For forest owners who are Forestry Stations or other organizations, they must have investment project documents approved by competent authorities including:

Investment project;

Management, protection, and production and business plan for forests;

When harvesting (for planted forests that are natural forests), they must have a forest thinning plan;

3. For forest owners who are households or individuals, they only need to have a management, protection, and production and business plan for forests approved by competent authorities.

Article 34. Provisions on Encircling and Cultivating Natural Forests for Production

Encircling and cultivating natural forests for production must comply with planning, investment projects, or production and business plans approved by competent authorities.

1. For encircling and cultivating projects funded by state budget, non-repayable aid, preferential loans from domestic and foreign sources, the forest owner or project owner must prepare design estimates and obtain approval from competent authorities according to the following provisions:

Units under provincial jurisdiction shall be approved by the Department of Agriculture and Rural Development;

Units directly under ministries and sectors shall be approved by the respective ministries and sectors;

Units under State Corporations and Companies shall be approved by the respective State Corporations and Companies;

2. For funds invested by the forest owner themselves, the forest owner has autonomy in encircling and cultivating forests.

Article 35. Objects and Procedures for Logging Timber and Forest Products from Natural Forests for Production

1. The objects of logging include:

a) Timber from natural forests for production managed by Forestry Stations and other state organizations, except those belonging to Group 1A (as stipulated in Decree No. 18/HĐBT dated January 17, 1992 of the Council of Ministers (now the Government));

b) Timber from natural forests for production managed by households and individuals, including natural forests restored from land without forests through encircling and cultivation, except those belonging to Groups 1A (as stipulated in Decree No. 18/HĐBT dated January 17, 1992 of the Council of Ministers (now the Government));

c) Other forest products, except those belonging to Groups I (as stipulated in Decree No. 18/HĐBT dated January 17, 1992 of the Council of Ministers (now the Government));

d) Utilization logging during nurturing, enrichment, thinning, and felling of standing dead trees...

đ) Utilization of timber lying (rotten, peeled, bark...)

2. Procedures for logging natural timber:

Logging timber must have design documents approved by competent authorities;

The logging location and annual volume must comply with the forest thinning plan or production and business plan for forests approved by competent authorities;

The Ministry of Agriculture and Rural Development shall coordinate with the Ministry of Planning and Investment to submit to the Government for decision on the total annual allowable cut of natural timber;

Based on the Prime Minister's approval of the total allowable cut, the Ministry of Agriculture and Rural Development will allocate design targets for the next year's main timber logging to localities and units to proceed with design work;

The Department of Agriculture and Rural Development shall review the forest, examine and approve specific logging designs for enterprises, and consolidate them for submission to the provincial People's Committee for approval;

Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The provincial People's Committee shall approve the comprehensive logging design documents, and submit them to the Ministry of Agriculture and Rural Development for review;

Based on the results of the review of the documents, the Ministry of Agriculture and Rural Development shall issue decisions to open forests for logging for localities, serving as the basis for the provincial People's Committees to issue permits for enterprises to log;

2. The Ministry of Agriculture and Rural Development shall issue detailed regulations on preparing logging procedures, organizing, inspecting logging, and technical rules, procedures, and norms for logging timber and forest products;

After logging, natural forests must be cleaned up and closed off; they must be protected and nurtured throughout the entire rotation period.

Products permitted to be logged from natural forests for production, after completing the necessary procedures to prove legal logging according to current regulations, may freely circulate in the market except for forest products belonging to Groups I (as stipulated in Decree No. 18/HĐBT dated January 17, 1992 of the Council of Ministers (now the Government)).

Chapter V - IMPLEMENTING PROVISIONS

Article 36. Inspection and supervision work on forest management and forest production business

1. Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The people's committees at all levels shall be responsible for state management over the entire area of forests and forestry land within their jurisdiction; they shall direct the organization of all activities related to forest protection, construction and development, and forest production business of the locality in accordance with the provisions of the law;

2. Forestry management agencies at all levels shall be responsible for advising local authorities in implementing state management tasks regarding forest business and use within the scope assigned to them;

3. Forest Protection agencies shall be responsible for inspecting, supervising, and monitoring the implementation of laws on forest management and protection in their jurisdiction; they shall also guide and assist forest owners in managing and protecting forests in compliance with Clause 4, Article 7 of Decision No. 187/1999/QD-TTg dated September 16, 1999 of the Government Prime Minister and this Regulation;

4. Forest owners shall implement forest and forestry land management and protection within the areas allocated to them or leased; they shall supervise and carry out production activities, prevent errors, and promptly detect violations to stop them, handle them, or refer them to competent authorities for handling in accordance with the law;

5. Law enforcement agencies at all levels when conducting inspections and supervision must prepare records and handle or refer them to higher levels for handling in accordance with the law;

Article 37. Organizations, households, and individuals must comply with the provisions of this Regulation. If there are violations, depending on the nature and severity of the violation, administrative penalties, disciplinary actions, or criminal responsibility will be pursued according to the law. If there are achievements, they will be rewarded by the State;

Article 38. All previous regulations that contradict this Regulation are hereby abolished./.