Directive No. 08/2006/CT-TTg On Strengthening Urgent Measures to Prevent Illegal Logging, Forest Burning, and Unauthorized Timber Harvesting

DIRECTIVE

On strengthening urgent measures to prevent illegal deforestation,

forest fires, and unauthorized logging

_______________________

In the last months of 2005, illegal deforestation continued to occur seriously in many areas of primary forests, special-use forests, and upstream protective forests, particularly in the Central Highlands and some provinces in Southeastern Vietnam. In these areas, poachers openly organized illegal logging, hunting, and trading of rare wildlife species; illegal advertising and consumption of timber and wildlife products were widespread among businesses.

The reasons for the above situation are:

Departments and levels of local government from commune, district, to province have not strictly implemented the Prime Minister's Decision No. 245/1998/QĐ-TTg dated December 21, 1998 on the implementation of state management responsibilities at all levels regarding forests and forestry land, and Directive No. 12/2003/CT-TTg dated May 16, 2003 on strengthening urgent measures to protect and develop forests; they have not clearly demonstrated their role and responsibility in suppressing forest criminals.

To correct and address the shortcomings and weaknesses in forest protection work mentioned above, restore order and discipline, and protect the remaining natural forest area, the Prime Minister instructs all levels, departments, and localities to urgently and strictly implement the following measures:

1. Chairmen of People's Committees of provinces and centrally-administered cities shall take the lead and coordinate with the Ministries of Agriculture and Rural Development, Public Security, National Defense; mobilize suitable local forces to participate in forest protection work, suppress poachers; organize and direct forest rangers, police, military, border guards, civilian defense, and forest protection staff to promptly organize crackdowns on individuals and organizations involved in illegal deforestation within their jurisdiction.

- Organize inspections and relocate those people who have illegally settled in primary forests, special-use forests, and upstream protective forests to areas that have been planned; allocate land and implement state support policies so that these people can live and earn a living under better conditions.

- Fully implement the state management responsibilities at all levels regarding forests and forestry land as stipulated in Prime Minister's Decision No. 245/1998/QĐ-TTg dated December 21, 1998; Chairmen of provincial and centrally-administered city People's Committees shall directly manage forests and be responsible before the Prime Minister for the national forest resources under their management.

Local grassroots authorities (commune, district) must be accountable to higher-level People's Committees for forest resources in their respective areas. From the date this directive is implemented, if illegal deforestation and forest fires continue to occur in any commune or district, the Chairman of the People's Committee of that commune or district must self-examine before the Party Committee and be subject to disciplinary action for forest management responsibility. For provinces where serious illegal deforestation and forest fires occur, the Chairman of the provincial People's Committee must self-examine before the Party Committee and report to the Prime Minister, proposing disciplinary measures for state management responsibility over forests and forestry land.

- Direct inspections, collection, and handling according to regulations of all illegally felled timber; strictly punish and revoke business licenses of establishments engaged in illegal trade of timber and wildlife products. Strictly prohibit advertising and selling wildlife products.

Compile a list of individuals who frequently engage in illegal logging, transportation, and trading of forest products and wildlife in various localities, and take measures to monitor and combat them.

- Urgently inspect and complete the restructuring and development of state-owned forest enterprises in accordance with Government Decree No. 200/2004/NĐ-CP dated December 3, 2004.

- Promptly implement Directive No. 38/2005/CT-TTg dated December 5, 2005 of the Prime Minister on reviewing and planning three types of forests (protective forests, special-use forests, and production forests) in the province. After determining the boundaries of the three types of forests on maps and in reality, accelerate the allocation and leasing of forestry land to organizations, households, and individuals to encourage economic sectors to participate in developing forestry production, investing in business, protecting, and developing forests.

- Coordinate with mass organizations and media agencies to promote and mobilize the community to participate in forest protection and prevent violations.

- Chairmen of People's Committees of Dak Nong, Dak Lak, Binh Phuoc, Lam Dong, and Kon Tum shall direct reviews and inspections of illegal land transactions since Directive No. 12/2003/CT-TTg dated May 16, 2003 of the Prime Minister on strengthening urgent measures to protect and develop forests; land must be reclaimed and allocated to local ethnic minority households lacking land for residence and production.

Households covered by Prime Minister's Decisions No. 132/2002/QĐ-TTg dated October 8, 2002 and No. 134/2004/QĐ-TTg dated July 20, 2004 must comply with land management regulations when allocated residential and production land and may not use it for exchange, sale, or transfer.

2. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministries of National Defense, Public Security, and People's Committees of provinces and centrally-administered cities to implement the following tasks:

- Direct local authorities to inspect and identify cases of illegal entry into forests, and promptly prevent deforestation. Firmly remove illegal crops and constructions on special-use forests, protective forests, and primary forests. Prevent forest fires from spreading. In areas where forests have been burned, mandatory enclosures must be established to allow forest regeneration and replanting to recreate forest cover.

For those who resist and continue to deforest, strict legal action must be taken.

- Inspect the planning for agricultural land and forest land use, direct localities to strictly implement approved land use plans; promptly review and plan the three types of forests, set boundary markers, determine the boundaries of special-use forests, protective forests, and natural forests (report to the Prime Minister on the results of setting boundary markers and determining the boundaries of various types of forests according to Directive No. 38/2005/CT-TTg dated December 5, 2005 of the Prime Minister), and develop protection and cultivation plans for forests, especially special-use forests and protective forests, and handle violations strictly. In the short term, direct localities to strictly manage shifting cultivation activities, develop a program to transition from extensive shifting cultivation to intensive cultivation linked with crop structure adjustment.

- Develop a joint inspection plan to track down illegal loggers destroying forests in border areas between provinces, and handle organizations and individuals violating laws, including those who permit forest exploitation and change forest land use purposes beyond their authority, according to law; in serious cases, criminal responsibility shall be pursued; in cases not reaching the level of criminal prosecution, administrative responsibility shall be imposed and compensation for forest damage caused by them shall be required according to the law.

- Coordinate with relevant ministries and sectors to submit to the Prime Minister policies ensuring benefits for forestry officers injured or killed while protecting forests and combating illegal loggers, and salary and allowances for forestry officers according to the Law on Forest Protection and Development 2004.

- Direct the Forest Protection Service to use funds collected from administrative penalties and confiscated items in forest management and protection, and forest product management according to Decree No. 139/2004/NĐ-CP dated June 25, 2004 of the Government to organize the breeding, training, and equipping of working dogs for grassroots forest protection units.

Strengthen the organization and force of forest protection services towards being closely tied to specific areas for forest protection, county-level forest protection units must form teams tied to communes to advise commune authorities and coordinate with commune self-defense forces in patrolling and protecting forests and preventing forest fires.

Blocking and mobile patrols to prevent transportation and trade of forest products may only be carried out on critical routes as defined by the Ministry of Agriculture and Rural Development and the Chairpersons of Provincial People's Committees.

3. The Ministry of Public Security is responsible for coordinating with the Ministry of Agriculture and Rural Development and directing public security forces at provincial and city levels to cooperate with specialized forces in tracking down forest destroyers, supporting forest protection forces. Public security agencies will cease issuing hunting licenses for wild birds and animals; previously issued licenses must be recalled and are not allowed to circulate.

4. The Ministry of National Defense directs military regions, corps, local military command, and border guards to cooperate with forces in tracking down forest destroyers; organizing combined field exercises to support ongoing operations and participate in forest protection within their deployment areas.

5. Mass media organizations shall widely publicize state regulations on forest protection through media and communication channels so that all levels, sectors, and the people understand correctly and strictly comply.

6. Organization of implementation:

- The Central Steering Committee implementing Directive No. 12/2003/CT-TTg dated May 16, 2003 of the Prime Minister continues to strictly implement this directive, prioritizing immediate completion in the Central Highlands, Central Vietnam, and Northern Mountains, then expanding to other key forest areas nationwide.

- The steering committees implementing Directive No. 12/2003/CT-TTg dated May 16, 2003 of the Prime Minister in provinces must continue to mobilize forest protection, military, and police forces to strictly implement this directive.

- The Ministries of Planning and Investment, Finance ensure funding for the implementation of the above tasks.

7. Ministers of the Ministries of Agriculture and Rural Development, Planning and Investment, Finance, National Defense, Public Security, Labor, Invalids and Social Affairs, Natural Resources and Environment, Culture and Information, and Chairpersons of Provincial People's Committees directly under the Central Government shall develop plans and direct effective implementation of the contents of this directive according to their functions.

Annually, the Ministry of Agriculture and Rural Development shall lead the mid-term review of the implementation of this directive and Directive No. 12/2003/CT-TTg dated May 16, 2003 and report to the Prime Minister.

                                                                              PRIME MINISTER


                                                                              PHAN VAN KHAI