Decree No. 117/2010/NĐ-CP On the organization and management of special-use forests

DECREE

ON THE ORGANIZATION AND MANAGEMENT OF SPECIAL USE FORESTS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Based on the Fisheries Law dated November 26, 2003;
Pursuant to the Law on Forest Protection and Development dated December 3, 2004;
Pursuant to the Law on Biodiversity dated November 13, 2008;
Considering the proposal of the Minister of Agriculture and Rural Development,

DECREE

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the organization and management of special use forests within the territory of the Socialist Republic of Vietnam.

Article 2. Applicability

This Decree applies to state agencies, organizations, communities, households, individuals within the country; overseas Vietnamese; foreign organizations and individuals involved in the organization and management of special use forests.

Article 3. Explanation of Terms

1. Special use forest is a type of forest established in accordance with the provisions of the Law on Forest Protection and Development, having particular value for nature conservation, national forest ecosystem standards, forest biological resources gene sources; scientific research; protection of historical, cultural, scenic spots; serving rest and tourism, combining protective functions, contributing to environmental protection.

2. Management Board of Special Use Forest Area is a state organization with the function and responsibilities of a forest owner and is guaranteed by the State the conditions necessary to fulfill its responsibility for managing and protecting special use forests; conserving and promoting special values related to nature, national forest ecosystem standards, biodiversity, biological resource gene sources, historical, cultural, and landscape sites; scientific research; providing forest environmental services.

3. Nature Reserve is an area with a forest ecosystem or both a forest ecosystem and a wetland, marine ecosystem, in addition to the common functions of special use forests, primarily established for the sustainable conservation of natural ecosystems.

4. Species and Habitat Conservation Area is an area with a forest ecosystem or both a forest ecosystem and a wetland, marine ecosystem, in addition to the common functions of special use forests, primarily established for the sustainable conservation of endangered, rare, and valuable species as prescribed by Vietnamese law and international conventions to which Vietnam is a member.

5. Scenic Spot Protection Area is a forest area or part of a wetland, marine area, in addition to the common functions of special use forests, established for the conservation of high historical, cultural, and natural landscape values.

6. Scientific Research and Experimentation Forest Area is a forest area or part of a wetland, marine area established for scientific research, experimentation, technological development, and training.

7. National Park is a special use forest of particular significance to the nation. A National Park has the common functions of special use forests and may also have one of the following primary functions: nature conservation and reserve; species and habitat conservation; scenic spot protection.

Article 4. Classification of Special Use Forests

The system of special use forests includes the following types:

1. National Park;

2. Natural Reserve including Nature Reserve and Species and Habitat Conservation Area;

3. Scenic Spot Protection Area including Historical and Cultural Heritage Forest Area;

4. Scientific Research and Experimentation Forest Area.

Article 5. Criteria for Establishing Types of Special Use Forests

The establishment of special use forest areas must meet the criteria for each type of special use forest as follows.

1. Nature Reserve

a) Having at least one important natural forest ecosystem for the nation and internationally that is either unaltered or minimally altered, with particular value for science, education, or ecotourism, rest. In exceptional cases, if it is a planted forest, then the forest must ensure stable succession towards the natural ecosystem's restoration;

b) Being the natural habitat of at least five endangered, rare, and valuable species as prescribed by law;

c) Having a contiguous area of at least 5,000 hectares, of which at least 90% is natural ecosystems (or if it is a planted forest, then the forest must ensure stable succession towards the natural ecosystem's restoration).

2. Species and Habitat Conservation Area

a) Having at least one endemic or endangered, rare, and valuable species as prescribed by law;

b) Ensuring living conditions, food, reproduction, etc., for the sustainable conservation of endemic, endangered, rare, and valuable species;

c) Having a contiguous area sufficient to meet the requirements for the sustainable conservation of endemic, endangered, rare, and valuable species.

3. Scenic Spot Protection Forest Area.

a) A forest area of high historical and cultural value, including historical and cultural heritage recognized by competent state authorities;

b) A forest area of high environmental landscape value, including scenic spots that need protection and are recognized by competent state authorities;

c) A community-managed forest area based on customs, traditions, and beliefs with significant cultural, religious, educational, and ecotourism value recognized by competent state authorities.

4. Scientific Research and Experimentation Forest Area

a) Having ecosystems that meet the requirements for scientific research and experimentation by scientific organizations and training institutions with the function and responsibility for scientific research and experimentation as prescribed by law;

b) Having an appropriate scale of area suitable for long-term scientific research, experimentation, technological development, and forestry training objectives.

5. National Park meeting at least one of the following criteria:

a) Having at least one representative forest ecosystem of a specific ecological region or nationally/internationally; having a contiguous area of at least 10,000 hectares, of which at least 70% is natural ecosystems; agricultural land and residential land must be less than 5%;

b) Having at least one endemic species of Vietnam or capable of conserving habitats for at least five endangered, rare, and valuable species as prescribed by law; having a contiguous area of at least 7,000 hectares, of which at least 70% is natural ecosystems; agricultural land and residential land must be less than 5%;

c) Having particularly important value for national landscape protection, scientific research, and experimentation approved by the Prime Minister.

Chapter II

MANAGEMENT OF THE SYSTEM OF SPECIAL USE FORESTS

Section 1

PLANNING OF SPECIAL USE FORESTS

Article 6. Scope of Planning

Special-use forest planning includes: national special-use forest system planning; special-use forest planning at provincial level (hereinafter referred to collectively as provincial level); special-use forest area planning.

Article 7. National Special-Use Forest System Planning

1. Basis for planning

a) Comprehensive socio-economic development planning, defense, and security;

b) National land use planning approved by the National Assembly;

c) Forest protection and development planning.

2. Content of planning

a) Evaluation of current natural conditions, economic, social, defense, security, ecological systems, biodiversity, biological gene sources, historical and cultural relics, scenic views...;

b) Argumentation of viewpoints, determination of general and specific goals regarding organization, management, conservation, sustainable use of the special-use forest system;

c) Establishment of a list of special-use forest areas; classification of special-use forests; scale (area, boundaries, location...) of each special-use forest area;

d) Classification of management levels for special-use forest areas;

đ) Determination of programs, projects, solutions to achieve organizational, management, conservation, and sustainable use goals of the special-use forest system.

3. Preparation and review of planning

a) The Forestry General Department organizes the preparation of national special-use forest system planning.

b) The Ministry of Agriculture and Rural Development organizes the review of national special-use forest system planning; submits to the Prime Minister for approval.

c) Documents for review include:

The Forestry General Department's proposal for reviewing the planning;

Report on national special-use forest system planning;

Opinions of the People's Committees of provinces and centrally governed cities, relevant ministries and sectors;

Other related documents.

d) Documents for approval include:

Proposal of the Ministry of Agriculture and Rural Development requesting the Prime Minister to approve the national special-use forest system planning;

Review document;

Other documents specified in Point c, Clause this.

4. Publication of planning

a) National special-use forest system planning must be publicly announced after being approved by the Prime Minister according to the provisions of the law.

b) The Ministry of Agriculture and Rural Development announces national special-use forest system planning on its electronic information website.

5. Adjustment of planning

a) National special-use forest system planning shall be adjusted if the comprehensive socio-economic development planning, defense, and security have been adjusted.

b) The Prime Minister decides to adjust the national special-use forest system planning based on the proposal of the Ministry of Agriculture and Rural Development.

Article 8. Provincial Special-Use Forest Planning

1. Basis for planning

a) Comprehensive socio-economic development planning, defense, and security at the local level;

b) Provincial-level forest protection and development planning;

c) National special-use forest system planning.

2. Content of planning

a) Evaluation of current natural conditions, economic, social, defense, security, ecological systems, biodiversity, biological gene sources, historical and cultural relics, scenic views...

b) Argumentation of viewpoints, determination of general and specific goals and organization, management, conservation, sustainable use of special-use forest areas.

c) Establishment of a list of special-use forest areas; classification of special-use forests; scale (area, boundaries, location...) of each special-use forest area.

d) Organization of management of special-use forest areas.

đ) Determination of programs, projects, solutions to achieve organizational, management, conservation, and sustainable use goals of special-use forest areas.

3. Preparation and review of planning

a) The Department of Agriculture and Rural Development organizes the preparation of special-use forest planning within the provincial level.

b) The People's Committee at the provincial level organizes the review of special-use forest planning within the provincial level; decides to approve after receiving a consent document from the Ministry of Agriculture and Rural Development.

c) Documents for review include:

The Department of Agriculture and Rural Development's proposal for reviewing the planning;

Report on special-use forest planning within the provincial level;

Other related documents.

d) Documents for approval include:

The Department of Agriculture and Rural Development's proposal requesting the People's Committee at the provincial level to approve the planning;

Review document;

Other documents specified in Point c, Clause this.

4. Publication of planning

a) Provincial special-use forest planning must be publicly announced after being approved according to the provisions of the law.

b) The People's Committee at the provincial level announces provincial special-use forest planning on its electronic information website.

5. Adjustment of planning

a) Provincial special-use forest planning is adjusted based on the bases stipulated in Clause 1 of this Article that have been adjusted.

b) The Chairman of the People's Committee at the provincial level decides to adjust the special-use forest planning within the territory after receiving a consent document from the Ministry of Agriculture and Rural Development.

Article 9. Special-use Forest Zone Planning

1. Basis for planning: The special-use forest zone planning must be consistent with the national special-use forest system planning and the provincial special-use forest planning.

2. Content of planning

The special-use forest zone planning must ensure the following main contents:

a) Evaluation of current natural conditions, economic, social, defense, security, ecological systems, biodiversity, biological gene sources, historical and cultural relics, scenic views...;

b) Argumentation of viewpoints, determination of organizational, management, conservation, and sustainable utilization objectives for the special-use forest zone;

c) Spatial planning of functional zones: strictly protected zone; ecological restoration zone; service-administrative zone;

d) Planning of measures to protect forests, conserve, restore ecosystems, and biodiversity; protect and enhance natural landscapes, cultural, historical, and environmental values;

đ) Planning of scientific research tasks;

e) Planning of infrastructure development for management, protection, fire prevention, and firefighting; transportation systems, patrol routes, etc.;

g) Planning of ecotourism development;

h) Planning of investment and development in buffer zones.

3. Construction, approval, and implementation of planning

a) The management board of the special-use forest zone shall construct the special-use forest zone planning and submit it to the competent state agency for approval.

b) The Ministry of Agriculture and Rural Development decides on the approval of the special-use forest zone planning managed by the central government.

The Chairman of the Provincial People's Committee decides on the approval of the special-use forest zone planning managed by local authorities after receiving a consensus document from the Ministry of Agriculture and Rural Development.

c) The management board of the special-use forest zone is responsible for organizing the implementation of the approved special-use forest zone planning.

4. Publication of planning

The management board of the special-use forest zone has the responsibility to publicly announce the special-use forest zone planning at its office and organize wide dissemination and propaganda among the local community.

5. Adjustment of planning

a) The special-use forest zone planning may be adjusted based on the basis stipulated in Clause 1 of this Article that has been adjusted.

The state agency that approves the special-use forest zone planning is the authority to decide on adjusting such planning.

Section 2

ESTABLISHING SPECIAL-USE FOREST ZONES

Article 10. Principles for Establishing Special-Use Forest Zones

1. There must be a proposal to establish a special-use forest zone that is consistent with the approved national special-use forest system planning by the competent state agency.

2. Meeting the criteria for each type of special-use forest as specified in Article 5 of this Decree.

Article 11. Content of the Proposal to Establish Special-Use Forest Zones

1. Assessment of natural conditions, current status of the forest, natural ecosystems; biological diversity, genetic resources of organisms, historical, cultural, scenic, scientific, experimental, environmental education, and forest environmental service supply values.

2. Assessment of current forest management and land use, water areas within the project area.

3. Assessment of demographic, economic, and social conditions.

4. Determination of the objectives for establishing the special-use forest zone that meet the establishment criteria specified in this Decree.

5. Determination of the boundary and area of the special-use forest zone on a map.

6. Programs of activities, implementation solutions, management organization.

7. Estimation of investment capital, phased investment construction of the special-use forest zone; regular funding for protective, conservation activities, and improving people's living standards; investment effectiveness.

8. Implementation of the project

Article 12. Procedures for Establishing a Special-Use Forest System Plan

1. The Ministry of Agriculture and Rural Development shall take the lead and organize the establishment of a plan to establish special-use forest areas nationwide; seek opinions on the draft plan from relevant ministries, ministerial-level agencies, provincial People's Committees, organizations, and individuals.

2. Ministries, ministerial-level agencies, provincial People's Committees, and organizations that provide opinions must submit their written comments within thirty working days from the date they receive the draft plan.

3. The Ministry of Agriculture and Rural Development shall consolidate, adopt, and explain the opinions provided by ministries, ministerial-level agencies, and provincial People's Committees.

4. Documents for submission and approval authority for the plan to establish a special-use forest system

a) The documents include:

A report to the Prime Minister regarding the establishment of a special-use forest system;

Main report and summary report on the plan to establish a special-use forest system;

Map of the national special-use forest system;

Other related documents.

b) The Prime Minister decides on the establishment of the national special-use forest system.

Section 3

ESTABLISHMENT, MANAGEMENT AUTHORITY AND RESPONSIBILITIES FOR SPECIAL-USE FOREST AREAS

Article 13. Decision on Establishment of Special-Use Forest Areas

1. Authority to decide on the establishment of special-use forest areas

a) The Prime Minister decides on the establishment of special-use forest areas which are national parks and special-use forest areas located across multiple provinces.

c) The Chairman of the Provincial People's Committee decides on the establishment of the remaining special-use forest areas. For scientific research and experimental forest areas, the Chairman of the Provincial People's Committee decides on establishment after obtaining a consensus document from the Ministry of Agriculture and Rural Development.

2. Content of the decision on establishment of special-use forest areas

a) Name of the special-use forest area;

b) Geographic location, boundaries, area of the special-use forest area, functional zones, and buffer zones (for national parks, nature reserves, species conservation areas, and habitat conservation areas) shown on the VN2000 map;

c) Objectives of the special-use forest area;

d) Programs of activities, implementation measures, management organization;

đ) Estimated investment capital; sources of investment capital; list of priority projects;

e) Implementation organization.

Article 14. State Management of Special-Use Forests

1. The Ministry of Agriculture and Rural Development is responsible before the Government for state management of the special-use forest system throughout the country; directly manages special-use forest areas spanning multiple provinces and centrally-administered cities, scientific research and experimental forest areas.

2. Provincial People's Committees manage state affairs concerning the special-use forest system in their respective localities; directly manage national parks; delegate management of nature reserves; species and habitat conservation areas; scenic protection areas.

SECTION 4

TRANSFER OF TYPES, ADJUSTMENTS, AND CHANGES IN THE PURPOSE OF USE OF SPECIAL-USE FORESTS

Article 15. Transfer of Types of Special-Use Forest Areas

1. Transferring types of special-use forest areas must be based on a project meeting the criteria for establishing new special-use forest areas as stipulated in this Decree.

2. Content of the project; procedures for preparing, reviewing the project after type transfer; authority to decide on establishing special-use forest areas shall be carried out according to the provisions of this Decree.

Article 16. Basis for Adjustments and Changes in the Purpose of Use of Special-Use Forests

1. Based on the approved national special-use forest system planning.

2. Requirements for defense, security, and other tasks as decided by the Prime Minister.

Article 17. Adjustment of Special-use Forest Areas

1. The contents of adjusting special-use forest areas include changes to boundaries, area, and functional zones of the special-use forest areas.

2. Documents for requesting adjustment of special-use forest areas include:

a) Legal documents serving as the basis for adjusting special-use forest areas as stipulated in Article 16 of this Decree;

b) Petition for adjustment from the Management Board of the special-use forest area;

c) Project on adjusting special-use forests.

d) Other related documents.

3. The authority responsible for establishing special-use forest areas as stipulated in Clause 1, Article 13 of this Decree shall be the authority responsible for deciding on the adjustment of such special-use forest areas.

Article 18. Changing the Purpose of Special-use Forests

1. Changing the purpose of special-use forests to protective forests or production forests must comply with the national forest protection and development plan, and the national system of special-use forest planning approved.

2. Changing the purpose of special-use forests to non-forestry purposes shall be carried out in accordance with laws on land, laws on forest protection and development, forest protection and development plans, and the national system of special-use forest planning approved.

3. Documents for requesting a change in the purpose of special-use forests in cases where the special-use forest area was established by decision of the Prime Minister include:

a) Legal documents serving as the basis for changing the purpose of the entire or part of the special-use forest area as stipulated in Article 16 of this Decree;

b) Petition from the Management Board of the special-use forest area;

c) Decision approving the environmental impact assessment report in accordance with the law;

d) Petition from the People's Committee of the province where the special-use forest area is located;

đ) Petition from the Ministry of Agriculture and Rural Development;

e) Other related documents.

4. Documents for requesting a change in the purpose of special-use forests in cases where the special-use forest area was established by decision of the provincial People's Committee include:

a) Legal documents serving as the basis for changing the purpose of the entire or part of the special-use forest area as stipulated in Article 16 of this Decree;

b) Petition from the Management Board of the special-use forest area;

c) Decision approving the environmental impact assessment report in accordance with the law;

d) Petition from the Department of Agriculture and Rural Development;

đ) Agreement from the Ministry of Agriculture and Rural Development;

e) Other related documents.

5. Review of documents for requesting a change in the purpose of special-use forests

a) The Ministry of Agriculture and Rural Development reviews documents for requesting a change in the purpose of special-use forests established by decision of the Prime Minister.

b) The Department of Agriculture and Rural Development reviews documents for requesting a change in the purpose of special-use forests established by decision of the provincial People's Committee.

6. Authority to decide on changing the purpose of special-use forests

a) The Prime Minister decides on changing the purpose of special-use forests established by decision of the Prime Minister.

b) The Chairman of the provincial People's Committee decides on changing the purpose of other special-use forests.

MỤC 5

RESTORATION OF NATURAL ECOSYSTEMS, SCIENTIFIC RESEARCH IN SPECIAL-USE FOREST AREAS

Article 19. Restoration of Natural Ecosystems

1. For national parks; nature reserves; species and habitat conservation areas

a) In strictly protected zones, only measures for protection and conservation to maintain natural succession may be applied.

b) In priority ecological restoration zones, measures for protection and conservation of natural succession, combined with natural regeneration and planting native tree species and other forestry measures may be applied.

c) In administrative and service zones, forestry measures to improve the quality and aesthetic value of the forest may be implemented.

2. For scenic protection areas; scientific research and experimental forest areas, forestry measures including afforestation, forest improvement, and other forestry measures according to approved projects, programs, and designs may be applied.

Article 20. Scientific research, teaching, and internships

1. The management board of the special-use forest shall organize scientific research activities and scientific research services according to programs, topics, and projects approved by competent state agencies.

2. Organizations for scientific research, training institutions, scientists, students must ensure the following provisions when conducting scientific research, teaching, and internships at the special-use forest:

a) Have a scientific research, teaching, and internship plan at the special-use forest that has been approved by the management board of that special-use forest;

b) Comply with legal regulations, management rules, and guidance from the management board of the special-use forest;

c) Report on scientific research, teaching, and internship activities at the special-use forest within two weeks after each research period; report the results of scientific research to the management board of the special-use forest within two months after the publication of the research results;

d) For foreign organizations for scientific research, training institutions, scientists, and students, the research, teaching, and internship programs, projects, and topics at the special-use forest must be agreed upon in writing by the Forestry General Department and implemented according to current state regulations for foreigners working in Vietnam;

đ) Collect samples and genetic sources only from species with quantities determined in approved scientific research programs, projects, and topics; for foreign organizations for scientific research, training institutions, scientists, and students, this also requires written agreement from the Forestry General Department. Transportation, storage, and publication of samples and genetic sources must comply with state regulations and the guidance and supervision of the management board of the special-use forest;

e) Pay service fees to the management board of the special-use forest.

PART 6

SUSTAINABLE USE OF RESOURCES AND SERVICES IN THE SPECIAL-USE FOREST

Article 21. Sustainable use of forest resources

Activities involving the exploitation and utilization of natural resources in special-use forests must ensure the conservation, maintenance, and development of forest biodiversity, guaranteeing the living environment for endemic and rare plant and animal species, as well as those of high scientific and educational value; conserving nature, biodiversity, scenic values, cultural, historical, and environmental values. Procedures and technical measures for exploiting and utilizing natural resources in special-use forests must comply with forest management regulations stipulated by the Prime Minister and guidelines issued by the Ministry of Agriculture and Rural Development.

1. For national parks; nature reserves; species and habitat conservation areas

a) May harvest, clean up, and clear dead trees, broken trees, and wild plants in the administrative service zone according to state regulations; may collect timber, firewood, and wild plants within the land clearance area for construction projects approved by competent state agencies.

b) May sustainably exploit and utilize non-timber plant species not listed in the critically endangered, rare, and precious species list in the ecological restoration and administrative service zones according to projects approved by competent state agencies as stipulated in Article 14 of this Decree and relevant laws.

c) May collect biological samples and genetic sources according to Clause 2, Point d, Article 20 of this Decree.

2. For scenic protection forests

a) May collect timber, firewood, and wild plants during the implementation of forestry measures for conservation, enhancement, and restoration of ecosystems, scenery, culture, history, and within the land clearance area for construction projects approved by competent state agencies.

b) May sustainably exploit and utilize plant species not listed in the critically endangered, rare, and precious species list according to projects approved by competent state agencies as stipulated in Article 14 of this Decree.

c) May collect biological samples and genetic sources according to Clause 2, Point d, Article 20 of this Decree.

3. For research and experimental science forests

a) May exploit forest products according to approved scientific research programs, projects, and topics.

b) May collect timber, firewood, and wild plants during the implementation of forest composition adjustment impacts, forest nurturing, and other technical measures according to approved scientific research programs, projects, and topics, and within the land clearance area for construction projects approved by competent state agencies.

c) May sustainably exploit and utilize plants, animals, and microorganisms for scientific research according to approved scientific research programs, projects, and topics by competent state agencies as stipulated in Article 14 of this Decree.

d) May collect biological samples and genetic sources according to Clause 2, Point d, Article 20 of this Decree.

Article 22. Forest Environmental Services

As the forest owner, the management board of the special-use forest area shall organize and implement policies on payment for forest environmental services, providing services such as land protection, erosion control, water regulation and maintenance, carbon absorption and storage, reduction of greenhouse gas emissions, natural landscape and biodiversity conservation, spawning grounds, food and seed sources, utilization of water resources and forests for aquaculture... in accordance with Decree No. 99/2010/NĐ-CP dated September 24, 2010 of the Government on policies for payment for forest environmental services; scientific research and technology application services, and biodiversity values for organizations and individuals in accordance with current State regulations.

Article 23. Ecotourism Activities

1. The organization of ecotourism activities must be in line with the planning of the special-use forest area and have an ecotourism project approved by the competent state agency as stipulated in Article 14 of this Decree.

2. Strictly comply with laws on forest protection and development, environmental protection, tourism, cultural heritage, and management regulations of the special-use forest area.

3. Methods of organizing ecotourism business activities:

a) The management board of the special-use forest area may independently organize ecotourism business activities;

b) The management board of the special-use forest area may lease part of the forest and forestry land to organizations and individuals for ecotourism business purposes combined with forest protection, development, and nature conservation in accordance with approved planning and current legal provisions;

c) The management board of the special-use forest area may cooperate with other organizations and individuals to organize ecotourism business activities.

4. Requirements for ecotourism projects

a) Not to cause negative impacts on the conservation of natural ecosystems, biodiversity, landscapes, environment, and other functions of the forest; in line with the approved planning of the special-use forest area.

b) In the strictly protected zone, only footpaths, aerial cableways, underground tunnels, scenic observation stations, and signboards serving ecotourism can be constructed.

c) In the ecological restoration zone, only appropriate road construction up to the maximum scale of mountain Class IV roads, scenic observation stations, signboards, aerial cableways, underground tunnels, and other facilities in accordance with the planning of the special-use forest area can be built.

d) In the administrative service zone, scenic protection zone, and scientific research forest, facilities for management, scientific research, and ecotourism activities in line with the planning of the special-use forest area can be constructed.

The Ministry of Agriculture and Rural Development shall provide specific guidance on the scale and area for constructing facilities serving ecotourism in special-use forests.

Chapter III

MANAGEMENT BOARD; FOREST INSPECTION STATION; RESCUE, CONSERVATION, AND DEVELOPMENT CENTER OF BIOLOGICAL RESOURCES IN THE SPECIAL-USE FOREST AREA; BUFFER ZONE

Section 1

MANAGEMENT BOARD OF THE SPECIAL-USE FOREST AREA

Article 24. Conditions for Establishing the Management Board of the Special-Use Forest Area

1. The management board of the special-use forest area shall be established in national parks, nature reserves, species and habitat conservation areas with an area of over 5,000 hectares.

2. Where there are multiple special-use forest areas within a province that do not meet the conditions specified in Clause 1 of this Article and have not yet established a management board, a joint management board shall be established.

3. Where there is a single special-use forest area within a province that does not meet the conditions specified in Clause 1 of this Article and has already established a management board, it shall continue its operations; if no management board has been established, it shall be managed by the forest inspection agency.

4. Management boards of historical, cultural, scenic sites, and organizations engaged in forestry science and education, which are entrusted by the State to manage scenic forests and scientific research and experimental forests, shall be responsible for managing those forests without establishing a management board for special-use forests.

Article 25. Establishment of Management Board for Special-Use Forests

1. The Management Board for Special-Use Forests shall be established in accordance with Article 50 of the Law on Protection and Development of Forests; Article 44 of Decree No. 23/2006/NĐ-CP of the Government on the Implementation of the Law on Protection and Development of Forests, and other relevant State regulations.

2. For special-use forests that have been decided to be established by competent State authorities and include marine conservation components and inland wetlands, the Management Board for such special-use forests shall continue to manage the marine conservation and inland wetland components without having to establish a new Marine Conservation Management Board or Inland Wetland Conservation Management Board.

3. Authority to Establish the Management Board for Special-Use Forests

a) The Minister of Agriculture and Rural Development decides to establish the Management Board for Special-Use Forests directly managed by the Ministry.

b) The Chairman of the People's Committee of the province decides to establish the Management Board for Special-Use Forests managed by the locality.

Article 26. Organizational Structure of the Management Board for Special-Use Forests

1. The Management Board for Special-Use Forests shall have a Director and Deputy Directors.

For special-use forests with a Forest Protection Station, the Director of the Management Board shall concurrently serve as the Head of the Forest Protection Station.

2. Depending on specific conditions, the special-use forest may organize the following units up to maximum:

a) Forest Protection Station;

b) Department of Organization and Administration;

c) Planning and Finance Department;

d) Science and International Cooperation Department;

đ) Marine Conservation and Inland Wetland Department for special-use forests with marine conservation and inland wetland components;

e) Environmental Education and Forest Service Center;

g) Rescue, Conservation and Development of Biodiversity Center.

3. The staffing of civil servants of the Management Board for Special-Use Forests shall be implemented in accordance with the provisions of the law.

The Management Board for Special-Use Forests shall proactively implement labor contracts in accordance with the current regulations of the State, prioritizing the recruitment of local workers. Contract wages shall be paid by the State according to the current system.

Article 27. Dissolution of the Management Board for Special-Use Forests

1. Dissolution of the Management Board in the following cases:

a) The special-use forest is converted into an experimental forest or scientific research forest as prescribed in Article 15 of this Decree.

b) After adjusting the special-use forest as prescribed in Article 17 of this Decree, the remaining part of the forest no longer meets the criteria prescribed in Article 5 of this Decree.

c) The entire or part of the special-use forest is transferred to another purpose as prescribed in Article 18 of this Decree, and the remaining part of the forest no longer meets the criteria prescribed in Article 5 of this Decree.

2. The authority deciding to establish the special-use forest as prescribed in Article 13 of this Decree shall be the authority to decide on the dissolution of the Management Board for the special-use forest and organize the resolution of issues after dissolution in accordance with the law.

Section 2

FOREST PROTECTION STATION OF SPECIAL-USE FORESTS

Article 28. Establishment of Forest Protection Station for Special-Use Forests

1. Establish a Forest Protection Station at national parks; for nature reserves, species and habitat conservation areas with an area of 15,000 hectares or more.

2. Authority to Establish the Forest Protection Station for Special-Use Forests

a) The Ministry of Agriculture and Rural Development decides to establish the Forest Protection Station for Special-Use Forests managed by the Ministry of Agriculture and Rural Development.

b) The People's Committee of the province decides to establish the Forest Protection Station for Special-Use Forests managed by the locality after obtaining the agreement in writing from the Ministry of Agriculture and Rural Development.

3. The staffing of the Forest Protection Station for Special-Use Forests, which belongs to the State civil servant quota, shall be assigned by the competent State authority to the Management Board for Special-Use Forests in accordance with the current regulations, with a maximum of one forestry inspector for every 500 hectares of special-use forest.

4. The Forest Protection Station for Special-Use Forests established by the decision of the Ministry of Agriculture and Rural Development shall be subject to professional management, equipment, and specialized tools of the Forest Protection General Department; the Forest Protection Station for Special-Use Forests established by the decision of the People's Committee of the province shall be subject to professional management, equipment, and specialized tools of the Forest Protection Branch.

Article 29. Dissolution of Forest Protection Units in Special-use Forests

1. The Forest Protection Unit in Special-use Forests shall be dissolved when the Management Board of the Special-use Forest Area has been dissolved.

2. The agency that established the Forest Protection Unit in Special-use Forests pursuant to Clause 2, Article 28 of this Decree shall be the competent authority to decide on the dissolution of the Forest Protection Unit in Special-use Forests and organize the resolution of issues following dissolution in accordance with the provisions of the law.

Section 3

CENTRE FOR RESCUE, CONSERVATION AND DEVELOPMENT OF BIOLOGICAL RESOURCES IN SPECIAL-USE FORESTS

Article 30. Conditions for Establishment and Dissolution

1. Within National Parks; Nature Reserves; Species and Habitat Conservation Areas, Rescue, Conservation and Development Centres for Biological Resources can only be located within administrative and service zones.

2. The establishment and dissolution of Rescue, Conservation and Development Centres for Biological Resources shall be carried out in accordance with the current regulations of the State.

Article 31. Functions and Tasks

1. To receive and rescue native species or species suitable for the natural habitat of the Special-use Forest or species permitted for scientific research under projects approved by authorized state agencies.

2. To raise and semi-wild rescue animals for the purpose of releasing biological resources back into their natural environment and serving scientific research.

3. To study and maintain original strains, providing seed sources for development breeding in accordance with current state regulations.

4. The Ministry of Agriculture and Rural Development shall provide guidance and specific regulations on the organization and activities of rescue, research and development of biological resources; release of animals after rescue; provision of seed sources for development breeding.

SECTION 4

BUFFER ZONE

Article 32. Determination of Buffer Zone

1. The scope of the buffer zone includes areas of forest, land where communities reside, wetlands, coastal areas adjacent to the outer boundary or within the boundaries of the Special-use Forest, with the function of preventing and mitigating harm to the Special-use Forest through management and conservation measures tied to activities enhancing livelihoods for local communities and sustainable economic and social development.

2. The buffer zone shall be determined simultaneously with the establishment project of the Special-use Forest. The Ministry of Agriculture and Rural Development shall specify criteria for determining the buffer zone.

3. The boundary limits of the buffer zone must be clearly defined on maps and on-site.

4. The buffer zone shall be planned for resource and land use consistent with the goal of preventing and mitigating harm to the Special-use Forest, while enhancing livelihoods for local communities and promoting sustainable economic and social development.

Article 33. Investment Projects for the Buffer Zone

1. Investment projects for the buffer zone shall be managed in accordance with the legal regulations on investment project management.

2. The Management Board of the Special-use Forest and organizations entrusted with managing the Special-use Forest shall establish the project and act as the main investor for the buffer zone investment project in compliance with the law.

Article 34. Responsibilities for Managing the Buffer Zone

1. The People's Committee of the province or centrally-administered city shall direct the People's Committees at the district and commune levels to perform the following responsibilities:

a) To publicize and mobilize residents in the buffer zone to implement measures to prevent encroachment into the Special-use Forest.

b) To manage and utilize forest resources in accordance with current state regulations and approved forest protection and development plans.

c) To coordinate with the Management Board of the Special-use Forest to organize and implement buffer zone investment projects.

2. The Management Board of the Special-use Forest shall have the responsibility to:

a) Organize measures to attract buffer zone communities to participate in managing the Special-use Forest and implementing buffer zone investment projects.

b) Coordinate with the People's Committee at the commune level to establish and implement buffer zone investment projects.

3. Organizations, households, individuals, and community residents residing or conducting activities in the buffer zone shall have the responsibility and right to participate in implementing and coordinating the management of buffer zone investment projects.

Chapter IV

MANAGEMENT OF PLANNING, FINANCE, AND INVESTMENT IN SPECIAL-USE FORESTS

Article 35. Management of Planning Work in Special-Use Forests

1. Establishment, Review, and Approval of Plans

a) The management board of special-use forests established by the Ministry of Agriculture and Rural Development shall develop annual and five-year operational plans to be submitted for approval by the Forestry General Department.

b) The management board of special-use forests established by the People's Committee of a province shall develop annual and five-year operational plans according to the regulations of the provincial People's Committee on planning work, budget estimates, finance, and approval.

2. Main contents of the plan include: propaganda activities; forest management; forest protection; construction and development of forests; utilization of forests; nature conservation; scientific research and experimentation; rescue of wild animals and plants; service activities; labor management and utilization plans; investment construction; finance.

3. The Ministry of Agriculture and Rural Development shall provide guidance on the development of operational plans and ensure the implementation of plans in special-use forests.

Article 36. Financial Management in Special-Use Forests

1. The management board of special-use forests is a state-owned entity with income according to current State regulations.

2. Operating funds for the management boards of special-use forests shall be implemented according to current laws.

3. Establishment, Review, and Approval of Budget Estimates for the Management Board of Special-Use Forests

a) The management board of special-use forests established by the Ministry of Agriculture and Rural Development shall prepare the budget estimate to be submitted for approval by the Forestry General Department.

b) The management board of special-use forests established by the People's Committee of a province shall prepare the budget estimate to be reported to the Department of Agriculture and Rural Development for review and consolidation, then submitted for approval by the provincial People's Committee.

4. The management board of special-use forests is responsible for managing, using, auditing, and settling financial accounts according to current State regulations; it is subject to inspection and supervision by authorized State financial agencies.

5. The Ministry of Finance shall coordinate with the Ministry of Agriculture and Rural Development to guide the preparation and implementation of annual budget estimates for special-use forests.

Article 37. Investment and Guarantees for Protection and Conservation of Special-Use Forests

1. The Prime Minister shall issue investment policies and financial mechanisms for the special-use forest system.

2. Sources of Guarantee

a) Central government budget invests and ensures financial support for activities of special-use forests under the management of the Ministry of Agriculture and Rural Development; invests in activities of national parks managed by localities; supports investment for special-use forests managed by localities according to current State budget laws.

b) Local government budget invests and ensures financial support for activities of special-use forests managed by localities.

c) Revenue from supplying forest environmental services.

d) Support from domestic and foreign organizations and individuals.

3. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Agriculture and Rural Development and related ministries to submit to the Prime Minister for issuance of investment policies for the special-use forest system in accordance with this Decree.

Chapter V

IMPLEMENTATION

Article 38. Responsibilities of the Ministry of Agriculture and Rural Development and Related Ministries

1. The Ministry of Agriculture and Rural Development shall take the lead:

a) Guide and inspect the People's Committees of provinces in implementing this Decree;

b) Submit to the Prime Minister for issuance or issue regulatory legal documents, investment policies for the special-use forest system, rules, procedures, norms, economic and technical standards within its authority, and guide and inspect their implementation;

c) Guide the People's Committees of provinces to review and classify the special-use forest system; specifically determine the area and boundary limits of each special-use forest on-site;

d) Guide and organize the implementation of propaganda and dissemination of laws on nature conservation, biodiversity, and sustainable development of the special-use forest system;

e) Organize the establishment of information systems and database storage for special-use forest file management.

2. The Ministry of Natural Resources and Environment

a) Coordinate with the Ministry of Agriculture and Rural Development to guide and inspect the People's Committees of provinces in land management, environmental protection, and biodiversity conservation for the special-use forest system.

b) Coordinate with the Ministry of Agriculture and Rural Development to guide and inspect the issuance and certification of land use rights certificates, ownership certificates of houses and other assets attached to special-use forest land.

3. The Ministry of Planning and Investment shall balance and allocate investment capital for the special-use forest system, perform tasks within its functions, duties, and powers; coordinate with the Ministry of Agriculture and Rural Development and the Ministry of Finance to inspect and supervise investment in special-use forests.

4. The Ministry of Finance shall ensure regular operating funds for special-use forests, perform tasks within its functions, duties, and powers.

5. The Ministry of Culture, Sports and Tourism shall coordinate with the Ministry of Agriculture and Rural Development to guide and inspect the People's Committees of provinces in organizing eco-tourism management activities, cultural heritage and historical conservation.

6. Ministries and agencies at the level of ministries within their respective functions, duties, and powers shall cooperate with the Ministry of Agriculture and Rural Development to implement the provisions of this Decree.

Article 39. Responsibilities of the People's Committee of the province.

1. Managing the system of special-use forests within its jurisdiction; implementing the provisions of this Decree; ensuring investment funds for special-use forests in accordance with Article 37 of this Decree.

2. Issuing and organizing the implementation of regulatory legal documents on the organization and management of the system of special-use forests at the local level in accordance with the law.

3. Organizing the review and classification of the system of special-use forests; specifically determining the area and boundaries of each special-use forest to set markers and organize the transfer of forests and issuance of certificates of land use rights for forestry purposes.

4. Promoting and disseminating laws related to special-use forests at the local level.

5. Organizing inspection and supervision work to ensure compliance with legal regulations on the management of the system of special-use forests within its jurisdiction.

6. Directing the establishment of information systems and storage of database files for managing special-use forest records at the local level.

Article 40. Provisions on Implementation

1. This Decree takes effect from March 1, 2011.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees, and Chairpersons of municipal People's Committees directly under the central government shall be responsible for implementing this Decree.