Decision No. 104/2007/QD-BNN Issuing the Management Regulations for Ecotourism Activities in National Parks and Nature Reserves

Pursuant to …;

Issuing regulations on managing ecotourism activities at national parks and nature reserves.

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THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Based on the Forest Protection and Development Law 2004;
Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to Decree No. 23/2006/NĐ-CP dated March 3, 2006 of the Government on implementing the Law on Forest Protection and Development;
Pursuant to Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of the Prime Minister promulgating the Forest Management Regulations;
At the proposal of the Director of the Forest Protection Department.

DECISION:

Article 1. This Decision hereby promulgates the Regulations on Managing Ecotourism Activities at National Parks and Nature Reserves.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Chairmen of the People's Committees of provinces and centrally-administered cities, Heads of units under the Ministry of Agriculture and Rural Development, Directors of Departments of Agriculture and Rural Development, Directors of Management Boards of National Parks and Nature Reserves, and related organizations and individuals shall be responsible for implementing this Decision.

REGULATIONS

MANAGEMENT OF ECOTOURISM ACTIVITIES AT NATIONAL PARKS AND NATURE RESERVES
(Issued together with Decision No. 104/2007/QĐ-BNN dated December 27, 2007 of the Minister of Agriculture and Rural Development)

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Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of Regulation

These regulations apply to ecotourism activities at National Parks and Nature Reserves established by the Prime Minister, People's Committees of provinces and centrally-administered cities. Other tourism activities within National Parks and Nature Reserves shall comply with laws on tourism, laws on forest protection, and laws on environmental protection.

Article 2. Applicability

Management Boards of National Parks and Nature Reserves, domestic and foreign organizations and individuals engaged in ecotourism business; agencies, organizations, individuals, tourists, and local communities involved in ecotourism activities at National Parks and Nature Reserves as specified in Article 1.

Article 3. Explanation of Terms

1. Ecotourism: It is a form of tourism based on nature, linked with the cultural identity of the locality, involving the participation of the local community to achieve sustainable development, meeting current needs without compromising future tourism demands.

2. Ecotourism Trail: It is a path for exploring nature in National Parks and Nature Reserves created for visitors to walk while combining with patrolling and protecting forests and natural resources, designed to minimize impacts on the environment.

3. Observation Tower: It is a construction built to serve visitors observing characteristics of plant species and behaviors of wild animals in National Parks and Nature Reserves, also used for forest protection and firefighting operations.

4. Forest Environment Lease: It is a form of using part of the land and forests in National Parks and Nature Reserves for organizations and individuals to lease for ecotourism business purposes combined with forest protection and development.

Article 4. Principles of Organizing Ecotourism

1. Ecotourism activities must not affect the natural succession of ecosystems, the natural life of wild flora and fauna, natural scenery, or the cultural identity of the local community in National Parks and Nature Reserves.

2. Profits from ecotourism services shall be reinvested in biodiversity conservation efforts in National Parks and Nature Reserves. The reinvestment ratio for conservation shall be carried out according to state regulations..

3. Local communities shall participate and benefit from ecotourism activities to increase their income as well as awareness and responsibility for natural conservation and biodiversity.

Chapter 2:

MANAGEMENT OF ECO-TOURISM ACTIVITIES

Article 5. Prohibited Activities

1. Using noise-making and environmentally polluting means to serve eco-tourism.

2. Illegally harvesting forest products, hunting wild animals, and other activities that negatively impact the ecosystem of National Parks and Nature Reserves.

3. Bringing toxic chemicals, explosives, flammable materials, and littering indiscriminately within National Parks and Nature Reserves.

4. Bringing alien invasive species of animals and plants into National Parks and Nature Reserves during eco-tourism activities.

5. Other actions that adversely affect eco-tourism facilities and forest protection facilities.

Article 6. Methods for Organizing Eco-Tourism

1. Eco-tourism activities organized by the management boards of National Parks and Nature Reserves:

a) The organization of eco-tourism activities within National Parks and Nature Reserves must be detailed in a specific proposal submitted to the competent state authority for approval in accordance with Article 9 of this Regulation. Construction of infrastructure for eco-tourism must comply with regulations on basic construction investment.

b) National Parks and Nature Reserves may establish eco-tourism and environmental education centers. These centers operate according to Clause 3, Article 16 of Decision No. 186/2006/QD-TTg dated August 14, 2006 of the Prime Minister on the issuance of the Forest Management Regulation.

c) Each National Park and Nature Reserve conducting eco-tourism activities shall assign dedicated staff and develop plans for training and developing human resources for eco-tourism services. Staff assigned to guide and explain eco-tourism must have knowledge about nature conservation, biodiversity, tourism, and local culture. Tour guides must meet the standards set forth in the Tourism Law.

2. Leasing of Forest Environment for Eco-Tourism Business

a) The management boards of National Parks and Nature Reserves may lease the forest environment to organizations and individuals for eco-tourism development. The rental price of the forest environment is established based on Decree No. 48/2007/NĐ-CP dated March 28, 2007 on principles and methods for determining prices of various types of forests and according to approved leasing proposals.

b) Proposals for leasing the forest environment for eco-tourism development:

- Shall be made public and linked to the local community; the local community may participate in tourism activities.

- The location for leasing the forest environment for eco-tourism can be scenic spots with cultural and historical value, rich and diverse flora and fauna; the ecosystem must be able to accommodate a certain number of visitors without threatening local culture, ensuring safety for tourists, and not affecting national security and social order.

- The entity organizing eco-tourism shall be responsible for preparing an environmental impact assessment report in accordance with the Environmental Protection Law.

- The rental price of the forest environment is determined specifically based on the location, position, natural scenery, current status of forest resources, and existing infrastructure.

c) The duration of leasing the forest environment for eco-tourism activities shall not exceed 50 years; after each 10-year period, the continuation of the contract will be decided based on the results of the environmental impact assessment of the leasing activity.

d) Strictly prohibited for organizations and individuals leasing the forest environment at National Parks and Nature Reserves from:

- Changing the purpose of forest land use.

- Damaging natural resources above and below the leased forest land.

Specific provisions regarding the leasing of the forest environment by the management boards of National Parks and Nature Reserves shall be decided in accordance with current laws.

3. Joint Ventures, Collaborations, and Other Investment Forms for Developing Eco-Tourism

Other forms of attracting investment for developing eco-tourism such as joint ventures and collaborations shall be decided by the management boards of National Parks and Nature Reserves based on approved eco-tourism development proposals and projects.

Article 7. Other Provisions on Ecotourism

1. Education and conservation combined with ecotourism

a) The management board of National Parks and Nature Reserves must develop plans to integrate promotional and educational activities for conservation into tourist programs for visitors and local communities. Conservation education shall be included in the annual activity program of the management board.

b) Organizations and individuals engaged in ecotourism business have the responsibility to implement conservation education and raise awareness among tourists.

2. Admission fees and other service charges

a) The level of admission fees and tourism fees shall comply with the provisions of the law on fees and charges.

b) The amount of service fees for tourism activities shall be implemented according to contracts and agreements between organizations and individuals engaged in tourism and tourists.

c) Organizations and individuals leasing forest environments for ecotourism business must reach consensus with the management board of National Parks and Nature Reserves when announcing admission fees and service prices.

3. Local community and ecotourism activities

a) Organizations and individuals engaged in ecotourism business must prioritize the involvement of the local community in these activities, creating jobs and gradually improving the living standards of local residents.

b) The local community has the right to participate and benefit legally from tourism activities, while having the responsibility to protect natural resources, maintain local cultural identity; ensure social security, public order, and environmental hygiene to attract tourists.

c) The local community is provided conditions to invest in developing tourism, restoring and promoting traditional folk culture, arts, and handicraft industries; producing local goods to serve ecotourists, contributing to improving the material and spiritual life of local residents.

4. Management of waste generated from tourism activities

a) In accommodation areas and office spaces within National Parks and Nature Reserves, systems for collecting and treating wastewater must be arranged so that wastewater does not directly discharge into rivers and streams in the forest; wastewater from tourism businesses must be treated to meet current national standards.

b) Solid waste and household waste must be collected and treated at designated locations; for inorganic, toxic, and non-biodegradable waste, they must be removed from National Parks and Nature Reserves for treatment.

Article 8. Responsibilities of Organizations and Individuals Participating in Ecotourism Activities

Organizations and individuals participating in ecotourism activities have the responsibility to comply with legal regulations on forest protection and development; environmental protection; tourism; heritage, and in addition, must implement the following regulations:

1. Responsibilities of the management boards of National Parks and Nature Reserves:

a) Bear the responsibility for managing and protecting forests and fire prevention and control in areas leased for ecotourism development.

b) Based on assessing negative physical, ecological, scenic, and social impacts of ecotourism activities on National Parks and Nature Reserves, specify the maximum number of visitors allowed to visit and stay in the forest (environmental capacity) in one day/at one location.

c) Develop internal rules and regulations for managing tourists, including prohibitions for tourists when participating in ecotourism.

2. Responsibilities of organizations and individuals engaged in ecotourism business:

a) Bear the responsibility for managing and protecting forests and fire prevention and control in the area of ecotourism business, disseminating state regulations and laws on nature conservation and environmental protection to tourists.

b) Comply with legal regulations on forest protection, biodiversity conservation, subject to supervision and compliance with internal rules of the National Park and Nature Reserve management board.

c) Develop infrastructure for ecotourism development in accordance with Article 10 of this Regulation.

d) Do not illegally keep wild animals captive; planting trees in leased areas for tourism must be approved by the National Park and Nature Reserve management board.

e) Have the responsibility to create conditions for the local community to participate in tourism services, prioritizing the recruitment of local residents for employment.

3. Responsibilities of tourists visiting

a) Visit only permitted areas as guided by the forest management board.

b) Do not approach wildlife too closely; Do not hunt, collect plant specimens, wild animals, and extract soil and minerals in National Parks and Nature Reserves.

c) Strictly prohibit the sale of illegal products made from forest plants and wild animals.

d) Adhere to the internal rules and regulations of National Parks and Nature Reserves.

Article 9. Competence to Approve Programs for Ecotourism Development

Clause 1. The Ministry of Agriculture and Rural Development shall examine and approve programs for ecotourism development in National Parks and natural conservation areas under its management.

Clause 2. Provincial People's Committees shall examine and approve programs for ecotourism development in National Parks and natural conservation areas managed by localities on the basis of opinions from the Ministry of Agriculture and Rural Development.

Within ten days from the date of receiving the request from the locality, the Ministry of Agriculture and Rural Development shall provide written comments on the ecotourism program for the Provincial People's Committee to consider and approve.

Chapter 3:

DEVELOPMENT AND EXPLOITATION OF POTENTIAL FOR ECOTOURISM

Article 10. Construction of Infrastructure for Ecotourism Services

The construction of infrastructure for ecotourism services in National Parks and natural conservation areas by organizations, individuals leasing forest environments or Forest Management Boards, in addition to complying with the provisions of Article 22 of Decision No. 186/2006/QĐ-TTg, must adhere to the following principles:

Point 1. A report on environmental impact assessment must be prepared in accordance with the Environmental Protection Law before commencing construction of infrastructure for ecotourism services.

Point 2. It must not affect the natural ecological succession, change the plant and wildlife habitats, river flow, or natural scenery within the area.

Point 3. Local materials should be limited in extraction outside the construction-affected area in National Parks and natural conservation areas for building infrastructure projects to avoid soil erosion and tree cutting in the planned construction zones for tourism facilities.

Point 4. The construction of accommodation facilities for tourism can only be carried out in administrative service zones and ecological restoration zones as approved in the plan. The architectural design of ecotourism accommodation should reflect local traditions, with a maximum height of twelve meters.

Point 5. Camping areas should be established in administrative service zones and certain points designated in ecological restoration zones; these areas should be chosen based on natural conditions, minimizing tree cutting and land leveling.

Point 6. The use of land for constructing infrastructure for various forms of ecotourism must comply with the provisions of Article 29 of Decree No. 23/2006/NĐ-CP dated March 3, 2006, issued by the Government on the implementation of the Law on Forest Protection and Development.

Article 11. Investment for Ecotourism Development and Nature Conservation

Clause 1. Organizations and individuals are encouraged to invest in ecotourism development through joint ventures, partnerships, and leasing of forest environments. National Parks and natural conservation areas shall implement ecotourism development according to plans, programs, and projects approved by competent authorities.

Clause 2. Park Management Boards of National Parks and natural conservation areas have the responsibility to develop and propose programs and projects for ecotourism development for approval by competent authorities.

Chapter 4

SUPERVISION AND EVALUATION

Article 12. People's Committees at all levels are responsible for supervising and evaluating the management of ecotourism in National Parks and natural conservation areas within their jurisdiction.

Article 13. The Forest Protection Department is responsible for advising the Ministry of Agriculture and Rural Development to coordinate with relevant agencies to manage ecotourism activities in National Parks and natural conservation areas nationwide.