Circular No. 10/2014/TT-BNNPTNT stipulates criteria for determining buffer zones of special-use forests and protective belts of marine protected areas.

CIRCULAR

Provisions on criteria for determining buffer zones of special-use forests

and protective zones of marine protected areas

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   On the basis of Decree No. 7847/2013/ND-CP dated November 26, 2013 of the Government stipulates the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 57/2008/NĐ-CP dated May 2, 2008 of the Government promulgating the Management Regulations for Marine Protected Areas of Vietnam of National and International Importance;

Pursuant to Decree No. 117/2010/NĐ-CP dated December 24, 2010 of the Government on the organization and management of special-use forest systems;

At the proposal of the Director General of the Forest Administration; the Director General of Fisheries;

The Minister of Agriculture and Rural Development issues this Circular stipulating the criteria for determining buffer zones of special-use forests and protective zones of marine protected areas.

Article 1. Scope of Regulation

This Circular stipulates the criteria for determining buffer zones of special-use forests and protective zones of marine protected areas (hereinafter referred to collectively as buffer zones) within the territory of the Socialist Republic of Vietnam, including:

1. National parks, nature reserves, species and habitat conservation areas, scenic protection areas as prescribed by laws on forest protection and development;

2. National parks, species and habitat conservation areas, aquatic natural resource reserves as prescribed by laws on fisheries.

Article 2. Applicability

This Circular applies to agencies, organizations, village communities, households, individuals within the country; foreign organizations and individuals related to the determination of buffer zones.

Article 3. Purpose of establishing buffer zones

1. Buffer zones are areas of forests, land, land with water surfaces, coastal and island areas, sea areas located within the boundaries of special-use forests or adjacent to the boundaries of special-use forests, marine protected areas. Buffer zones include inner buffer zones and outer buffer zones.

a) Inner buffer zone is the buffer zone located within the boundary of the special-use forest.

b) Outer buffer zone is the buffer zone adjacent to the outer boundary of the special-use forest, marine protected area.

2. Buffer zones serve to prevent and mitigate harm to special-use forests, marine protected areas; attract people to participate in activities of special-use forests, marine protected areas through co-management methods to gradually improve and stabilize the living conditions of people residing in buffer zones.

Article 4. Criteria for determining buffer zones

1. Criteria for determining inner buffer zones

Establishing inner buffer zones must meet the following criteria:

a) Areas where village communities, clusters of residents have been living stably before the establishment of the special-use forest, without conditions for relocation outside the special-use forest; have long-term resident community planning consistent with the planning of the special-use forest;

b) The area of the inner buffer zone is determined based on the actual land and water surface usage of households living and farming stably before the establishment of the special-use forest, but not exceeding 10% of the total area of the special-use forest.

2. Criteria for determining outer buffer zones of special-use forests

Establishing outer buffer zones of special-use forests must meet the following criteria:

a) Areas where village communities live and engage in production and business activities, traditional livelihoods;

b) Areas where villages adjacent to the outer boundary of the special-use forest.

3. Criteria for determining buffer zones of marine protected areas

a) The buffer zone of marine protected areas has a maximum width of 1,000 (one thousand) meters from the boundary of the marine protected area outward, with fishing, aquaculture, boat anchorage, tourist sites, and other activities of residents directly impacting the conservation work of the marine protected area;

b) Marine protected areas adjacent to the mainland, island buffer zones also include coastal land and water areas where village communities, clusters of residents live and engage in traditional production and business activities, livelihoods.

4. Special-use forests, marine protected areas that share borders with national borders, protective forests, other conservation areas, or defense areas do not need to determine outer buffer zones for those border sections.

Article 5. Responsibility for Establishing Buffer Zones

The Management Board of Special-use Forests and Marine Protected Areas shall take the lead and coordinate with the People's Committees at the district and commune levels, defense agencies, and relevant village communities to prepare a report on determining buffer zones and submit it to the competent authority for approval.

Article 6. Contents of the Report on Determining Buffer Zones

1. Name of the report: Determination of the buffer zone of special-use forests or marine protected areas.

2. Legal basis for determining buffer zones.

3. Objectives of determining buffer zones: consistent with the planning objectives of special-use forests or marine protected areas or economic and technical feasibility studies.

4. Methods for determining buffer zones: including collecting existing documents, field surveys, consulting the local community in buffer zones, creating maps of buffer zones, and writing reports on determining buffer zones.

5. The report on determining buffer zones must meet the following basic requirements:

a) Current natural and socio-economic conditions in villages and clusters of people expected to be within the buffer zone.

b) Current land use, water bodies, sea surfaces, and threats to special-use forests or marine protected areas from villages and clusters of people expected to be within the buffer zone.

c) Programs and projects related to investment in buffer zones that affect special-use forests or marine protected areas.

d) List of proposed villages and clusters of people belonging to the buffer zone according to criteria specified in Article 4 of this Circular.

6. Conclusions and recommendations.

Article 7. Documentation, Review Process, and Approval of the Report on Determining Buffer Zones

1. Documentation for reviewing the report on determining buffer zones includes:

a) A request for review by the Director of the Management Board of special-use forests or marine protected areas (original).

b) The report on determining buffer zones as stipulated in Article 6 of this Circular (original).

c) A map of the buffer zone showing functional zones of special-use forests or marine protected areas based on the VN 2000 reference system.

d) The Management Board shall submit one set of documentation directly or through postal service to the Department of Agriculture and Rural Development for special-use forests or marine protected areas under local management; to the General Department of Forestry for special-use forests under central management; and to the General Department of Fisheries for marine protected areas under central management.

2. Procedures and processes for reviewing and approving the report on determining buffer zones

a) The Department of Agriculture and Rural Development shall lead the review of the report on determining buffer zones for special-use forests or marine protected areas under local management, and submit it to the Provincial People's Committee for decision on approval.

Members of the Review Board include representatives from provincial departments and related agencies, scientific institutions, and relevant units. The head of the Department of Agriculture and Rural Development is the Chairman of the Board.

b) The General Department of Forestry shall lead the review of the report on determining buffer zones for special-use forests under central management, and the General Department of Fisheries shall lead the review of the report on determining buffer zones for marine protected areas under central management, and submit them to the Ministry of Agriculture and Rural Development for decision on approval.

Members of the Review Board include representatives from the General Department of Forestry or the General Department of Fisheries and related agencies under the Ministry of Agriculture and Rural Development; representatives from some scientific institutions and the Management Board of special-use forests or marine protected areas. The head of the General Department of Forestry or the General Department of Fisheries is the Chairman of the Board.

d) Timeframe for reviewing documentation and approving the report on determining buffer zones

The time to complete the review shall not exceed twenty (20) working days from the date the Department of Agriculture and Rural Development, the General Department of Forestry, or the General Department of Fisheries receives valid documentation. In cases where the documentation is incomplete, the relevant agencies must notify the Management Board of special-use forests or marine protected areas within three (03) working days to complete the documentation.

The time to complete the approval of the report on determining buffer zones for special-use forests or marine protected areas and delivering the results shall not exceed fifteen (15) working days from the date of receiving the review results.

e) Announcing the report on determining buffer zones: The Management Board of special-use forests or marine protected areas is responsible for announcing the report on determining buffer zones together with the buffer zone map after approval and sending it to the People's Committees at the district and commune levels within the buffer zone and other relevant parties.

f) The scope and boundaries of internal and external buffer zones around special-use forests and external buffer zones around marine protected areas are indicated by coordinates on the map and marked on the ground, and buoys are placed in the sea; in cases where markers and buoys have not been established, the Management Board of special-use forests or marine protected areas shall agree with relevant parties on the boundaries of the buffer zone for management purposes.

3. For newly established special-use forests or marine protected areas, the establishment of buffer zones shall be carried out concurrently with the preparation of the project for establishing special-use forests or marine protected areas.

Article 8. Adjustment of Buffer Zone Boundaries

1. The buffer zone is determined and considered for adjustment simultaneously with the establishment and adjustment of the special-use forest zoning plan and marine conservation area zoning plan.

2. The state agency authorized to approve the report on determining the buffer zone of the special-use forest and marine conservation area is the authority responsible for deciding on the adjustment of the buffer zone boundaries of the special-use forest and marine conservation area in accordance with the law.

Article 9. Effectiveness

1. This Circular takes effect from May 12, 2014.

2. During implementation, if there are difficulties or obstacles, agencies and units are requested to reflect them to the Ministry of Agriculture and Rural Development for review and appropriate amendments.